HomeMy WebLinkAbout2015-07-01 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
JULY 1, 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)
1. Arni Thomson, Alaska Salmon Alliance – The Economic Impact of the
Seafood Industry in South Central Alaska, Prepared by the McDowell Group.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. 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.
[Clerk’s Note: At its June 17th meeting, Council postponed Ordinance No. 2838-
2015 to the July 1st meeting. A motion to enact is on the floor.]............. Pg. 5
2. 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. 11
3. Ordinance No. 2841-2015 – Accepting and Appropriating a Volunteer Fire
Assistance (VFA) Grant from the United States Department of Agriculture
Kenai City Council Meeting Page 2 of 3
July 1, 2015
Forest Service Passed Through the State of Alaska Division of Forestry for the
Purchase of Forestry Firefighting Equipment. ........................................ Pg. 15
4. Ordinance No. 2842-2015 – Accepting and Appropriating Donations Received
for the Municipal Park Playground Improvements Project. ..................... Pg. 19
5. Resolution No. 2015-43 – Awarding an Agreement for North and South Beach
Portable Restrooms and Dumpsters for the 2015 Dip Net Fishery. ........ Pg. 23
E. MINUTES
1.*Regular Meeting of June 17, 2015 .......................................................... Pg. 25
2. *Work Session of June 16, 2015 .............................................................. Pg. 41
F. UNFINISHED BUSINESS
1. *Discussion/Action – Consideration of Actions Items Related to Commercial
Marijuana Legalization. .......................................................................... Pg. 43
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 45
2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 47
3. *Ordinance No. 2843-2015 – Amending and Renaming Kenai Municipal Code
18.05.080-Water and Mud from Vehicle, to Allow for Washing of Vehicles in a
Manner which Allows for Fluid to Drain onto Public Improvements in an
Environmentally Responsible Manner. ................................................... Pg. 51
4. *Ordinance No. 2844-2015 – Retroactively Appropriating Reimbursement
Funds to be Received for Support of Card Street Fire Suppression Efforts.
.............................................................................................................. Pg. 55
5. Acti on/Approval – Confirmation of the Mayor’s Nomination of Patrick “Jack”
Focose to the Planning & Zoning Commission. ...................................... Pg. 59
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging ................................................................................... Pg. 61
2. Airport Commission ............................................................................... Pg. 63
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission ......................................................... Pg. 67
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
Kenai City Council Meeting Page 3 of 3
July 1, 2015
J. ADMINISTRATION REPORTS
1. City Manager
• Unsolicited Offers to Purchase Airport Properties .................... Pg. 71
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 – To Discuss the Purchase of Lands and other
Improvements from ARK Properties, LLC to Facilitate Construction of an Access
Road to the Beach Near the South Side of the Mouth of the Kenai River, a Matter
that the Immediate Knowledge of which would Clearly have an Adverse Effect
upon the Finances of the City [AS 44.62.10 (c)(1)].
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
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
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MEMO:
TO: Mayor & City Council Members
FROM: Sandra Modigh, City Clerk
DATE: June 25, 2015
SUBJECT: Recommended Amendment to Ordinance No. 2838-2015
Pursuant to Alaska Statute 29.25.460, the City Clerk shall send a copy of the published
notice of hearing of an ordinance to consider a determination….by certified mail to the
former record owner of the property that is the subject of the ordinance… the notice
shall be mailed within five days after its first publication.
All requirements were met pursuant to AS 29.25.460.
In the 6th WHEREAS of Ordinance No. 2838-2015, the following amendment is
recommended to insert the language, “June 25, 2015” in the blank provided. Whereby
the WHEREAS would read as follows:
WHEREAS, on June 25, 2015 the Clerk sent a copy of the publicized notice of the
hearing on this ordinance to the last record owner of the property as the name appears
on the Borough assessment rolls by certified mail; and,
Your consideration is appreciated.
/SM/
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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KENAI CITY COUNCIL – REGULAR MEETING
JUNE 17, 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 17, 2015, in City Hall Council
Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:00p.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 (telephonic)
A quorum was present.
Hannah Drury was sworn in as student representative.
Also in attendance were:
**Hannah Drury
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy Clerk
3. Agenda Approval
Mayor Porter noted the following requested revisions/additions to the agenda/packet:
Move Item D.5 to D.1 Public Hearings
• Ordinance No. 2839-2015 – Amending Certain Sections of
KMC 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.
Page 25 of 90
Add to item G.11 Action/Approval – Action to be taken after the outcome of the
work session regarding legalization of commercial Marijuana.
• Correspondence to the Alcoholic Beverage Control Board
MOTION:
Council Member Molloy MOVED to approve the agenda with requested revisions and requested
UNANIMOUS CONSENT. Council Member Marquis 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.
Council Member Knackstedt requested removal of G.2, Approval of Purchase Orders Exceeding
$15,000 be removed for discussion of the Brian Lowe Spur Hwy. Water Main Boring.
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
C. UNSCHEDULED PUBLIC COMMENTS – None
D. PUBLIC HEARINGS
1. 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.
[Clerk’s Note: This item was moved during approval of the agenda.]
MOTION:
Council Member Marquis MOVED to enact Ordinance No. 2839-2015; the motion was
SECONDED by Council Member Molloy.
Page 26 of 90
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
Council discussed fines and penalties for violations, noise ordinances and administration’s ability
to enforce, and past calls for police service. They also considered the hours allowed for use.
VOTE:
YEA: Porter, Gabriel, Knackstedt, Marquis, Bookey, Molloy
NAY: Navarre
**Student Representative Drury: YEA
MOTION PASSED.
2. Ordinance No. 2835-2015 – Appropriating Funds in the General Fund and Authorizing
the Closure of the Capital Project Management Fund.
MOTION:
Council Member Marquis MOVED to enact Ordinance No. 2835-2015; the motion was
SECONDED by Council Member Molloy.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
MOTION TO AMEND:
Council Member Marquis MOVED to amend Section 2: Appropriation of Fund Balance amount
to $97,004.29 and Transfer to Capital Project Management Fund amount to $97,004.29 and
requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member Molloy.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
VOTE ON THE MOTION:
YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy
NAY:
**Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 2836-2015 – Increasing General Fund Estimated Revenues and
Appropriations for Costs in Excess of Budgeted Amounts.
MOTION:
Council Member Marquis MOVED to enact Ordinance No. 2836-2015; the motion was
SECONDED by Council Member Gabriel.
Page 27 of 90
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:
**Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
4. 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.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2837-2015; the motion was SECONDED
by Council Member Marquis.
Mayor Porter opened the public hearing.
Pat Falkenberg testified in favor of the ordinance suggesting the Council’s nominations could be
drawn from.
Bob MacIntosh testified in favor of the ordinance giving the appearance of unbiased
appointments.
There being no one else wishing to be heard, the public hearing was closed.
Council discussed Commissioners serving as volunteers and the potential for embarrassment
during Council’s debate of the nomination. Members spoke in favor of allowing Council member
nominations as it would broaden the options for confirmation. It was pointed out that the Mayor’s
nomination to be voted on first.
VOTE:
YEA: Marquis, Bookey, Molloy
NAY: Knackstedt, Navarre, Gabriel, Porter
**Student Representative Drury: NAY
MOTION FAILED.
5. 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.
Page 28 of 90
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2838-2015; 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.
Administration verified that a response had still not been received from the property owner; also
requested postponement to get from the borough clerk, the date the notice of public hearing was
sent.
MOTION:
Council Member Marquis MOVED to postpone the motion to July 1, 2015; the motion was
SECONDED by Council Member Gabriel.
VOTE:
YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy
NAY:
**Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
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.
MOTION:
Council Member Gabriel MOVED to adopt Resolution No. 2015-33. Knackstedt SECONDED the
motion.
Mayor Porter opened the public hearing;
Bob MacIntosh testified in favor of putting the matter before the voters.
There being no one else wishing to be heard, the public hearing was closed.
Porter commented that the community had changed since the Charter was written and the
Resolution provides an opportunity to run against a particular person. There was discussion
regarding the pros and cons to the voters’ ability to vote one person up and one person down as
well as the weighted system that was in place.
VOTE:
YEA: Porter, Gabriel, Knackstedt, Navarre
Page 29 of 90
NAY: Marquis, Molloy, Bookey
**Student Representative Drury: YEA
MOTION PASSED.
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.
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2015-34. Knackstedt SECONDED the
motion.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
The ability for the public to address the elected officials during meetings, the expense and burden
of changing meetings, and the hardship created by long agendas were topics discussed.
VOTE:
YEA: Porter, Gabriel, Knackstedt, Navarre
NAY: Marquis, Molloy, Bookey
**Student Representative Drury: YEA
MOTION PASSED.
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.
MOTION:
Council Member Gabriel MOVED to adopt Resolution No. 2015-35; the motion was SECONDED
by Knackstedt.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
The value of the petition showing commitment to serve was discussed.
MOTION TO AMEND :
Council Member Navarre MOVED to amend the word Councilman in Section 10-3 in Section 2 of
the resolution by removing man and requested UNANIMOUS CONSENT; the motion was
SECONDED by Marquis.
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VOTE: There being no objections, SO ORDERED.
MOTION TO AMEND:
Council Member Marquis MOVED to amend by adding the words or her, after the word his in line
4 of Section 10-3 in Section 2 of the resolution; the motion was SECONDED by Molloy.
It was decided that the nature of these amendments were clerical errors and could be fixed
administratively.
[Clerk’s Note: This motion was withdrawn]
MOTION:
Council Member Navarre MOVED to reconsider the motion to amend the word Councilman in
Section 10-3 in Section 2 of the resolution by removing man; the motion was SECONDED by
Molloy.
VOTE:
YEA: Marquis, Molloy, Bookey, Gabriel, Knackstedt, Navarre
NAY: Porter, Navarre
**Student Representative Drury: YEA
MOTION PASSED.
VOTE ON THE MAIN MOTION:
YEA: Porter, Navarre Gabriel, Knackstedt,
NAY: Molloy, Marquis, Bookey
**Student Representative Drury: NAY
MOTION PASSED.
MOTION:
Council Member Navarre MOVED to suspend the rules and move new business item G.8 as the
next item of business and requested UNANIMOUS CONSENT. Council Member Gabriel
SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
G.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.
MOTION:
Council Member Molloy MOVED to approve the sixth amendment to lease between the City of
Kenai and Wild Pacific Salmon, Inc.; the motion was SECONDED by Knackstedt.
Page 31 of 90
Mayor Porter declared a conflict of interest and Gabriel was excused from voting.
VOTE:
YEA: Porter, Navarre, Marquis, Molloy, Bookey, Knackstedt
NAY:
ABSTAINED: Gabriel
**Student Representative Drury: YEA
MOTION PASSED.
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.
MOTION:
Council Member Marquis MOVED to adopt Resolution No. 2015-36 and requested UNANIMOUS
CONSENT; the motion was SECONDED by Molloy.
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.
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.
MOTION:
Council Member Marquis MOVED to adopt Resolution No. 2015-37 and requested UNANIMOUS
CONSENT; the motion was SECONDED by Molloy.
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.
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.
MOTION:
Council Member Marquis MOVED to adopt Resolution No. 2015-38 and requested UNANIMOUS
CONSENT; the motion was SECONDED by Molloy.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
MOTION TO AMEND:
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Council Member Bookey MOVED to amend the name of the vendor in the third whereas clause
from Clean Away to Precious Janitorial and requested UNANIMOUS CONSENT; the motion was
SECONDED by Marquis.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
VOTE ON THE MAIN MOTION: There being no objections, SO ORDERED.
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.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2015-39 and requested UNANIMOUS
CONSENT; the motion was SECONDED by Marquis.
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.
13. Resolution No. 2015-40 – Authorizing the City Manager to Enter into a Bar and
Lounge Concession Agreement for the Kenai Municipal Airport.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2015-40 and requested UNANIMOUS
CONSENT; the motion was SECONDED by Marquis.
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.
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.
MOTION:
Council Member Marquis MOVED to adopt Resolution No. 2015-41 and requested UNANIMOUS
CONSENT; the motion was SECONDED by Knackstedt.
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.
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.
MOTION:
Page 33 of 90
Council Member Navarre MOVED to adopt Resolution No. 2015-42 and requested UNANIMOUS
CONSENT; the motion was SECONDED by Gabriel.
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.*Regular Meeting of June 3, 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.
[Clerk’s Note: This item was removed from the Consent Agenda during Approval of the Consent
Agenda.]
Administration explained the benefits the City realizes of splitting the costs of the Water Main
Boring with the contractor. Explanation of scope changes and reasons approval wasn’t sought
up front were also provided.
The complicated process of doing the work in advance, dividing the costs among the parcels,
holding the amounts on the books, and requiring reimbursement to hook up many years later, as
the alternative process, was discussed.
MOTION:
Council Member Marquis MOVED to divide the question and consider each of the three purchase
orders separately and requested UNAN IMOUS CONSENT; the motion was SECONDED by
Molloy.
VOTE: There being no objections, SO ORDERED.
MOTION:
Council Member Marquis MOVED to approve the Purchase Order in the amount of $18,550.42 to
Bryan Lowe; the motion was SECONDED by Navarre.
VOTE:
YEA: Porter, Navarre, Marquis, Bookey, Gabriel
NAY: Knackstedt, Molloy
Page 34 of 90
**Student Representative Drury: YEA
MOTION:
Council Member Marquis MOVED to approve the increase to Purchase Order 94277 to HDL and
requested UNANIMOUS CONSENT; the motion was SECONDED by Molloy.
VOTE: There being no objections, SO ORDERED.
MOTION:
Council Member Marquis MOVED to approve the increase to Purchase Order 107862 for the
Municipal Park Capital Improvement; the motion was SECONDED by Molloy.
Administration provided an explanation regarding the value of replacing frost susceptible
materials and also explained that the change was important enough that if the material content
was known prior to going out for bid, the plans would have included these changes.
VOTE:
YEA: Navarre, Marquis, Bookey, Gabriel, Knackstedt, Molloy
NAY: Porter
**Student Representative Drury: YEA
MOTION PASSED.
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.
Introduced on the consent agenda and public hearing set on July 1, 2015.
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.
Introduced on the consent agenda and public hearing set on July 1, 2015
5. *Ordinance No. 2842-2015 – Accepting and Appropriating Donations Received for
the Municipal Park Playground Improvements Project.
Introduced on the consent agenda and public hearing set on July 1, 2015
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 LOROC, LLC.
MOTION:
Page 35 of 90
Council Member Knackstedt MOVED to approve the assignment of lease; the motion was
SECONDED by Molloy.
Administration explained the assignments were administrative in nature because the principal
owner was not changing and did not require Airport Commission review.
VOTE:
YEA: Porter, Navarre Gabriel, Knackstedt, Molloy, Marquis, Bookey
NAY:
**Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
VOTE: There being no objections, SO ORDERED.
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 LOROC, LLC.
MOTION:
Council Member Marquis MOVED to approve the assignment of lease between Rockwell and City
of Kenai for Lot 11, Block 1 and requested UNANIMOUS CONSENT; the motion was SECONDED
by Marquis.
VOTE: There being no objections, SO ORDERED.
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.
[Clerk’s Note: This item was moved to be taken up between items D.8 and D.9]
9. Action/Approval – Confirmation of the Mayor’s Nomination to the Planning & Zoning
Commission.
The Mayor nominated Patrick “Jack” Focose for the Planning and Zoning Commission vacancy.
[Clerk’s Note: Pursuant to KMC 14.05.015(c), Council may consider confirmation at this meeting
or the July 17th meeting.]
10. Action/Approval – Set a Work Session Date to Discuss a Draft Ordinance Addressing
Junk Cars.
It was decided a Work Session would be held on 7/21 at 6pm-8pm to discuss the draft ordinance
addressing junk cars.
11. Action/Approval – Action to be taken After the Outcome of the Work Session
Regarding Legalization of Commercial Marijuana.
Page 36 of 90
MOTION:
Council Member Marquis MOVED to approve the correspondence to the ABC Board drafted and
submitted by the City Attorney and requested UNANIMOUS CONSENT; the motion was
SECONDED by Molloy.
VOTE: There being no objections, SO ORDERED.
Bookey exited the meeting at 9:18pm.
12. Action/Approval – Consent to Assignment of Concession Agreement for Fuel
Services at the City’s Marine Fuel Dock.
MOTION:
Council Member Marquis MOVED to approve assignment of Concession Agreement for Fuel
Services at the City’s Marine Fuel Dock to Copper River Seafoods, Inc. and requested
UNANIMOUS CONSENT; the motion was SECONDED by Gabriel.
VOTE: There being no objections, SO ORDERED.
13. Action/Approval – Special Use Permit for On or Off-Loading Fish at the Kenai
Municipal Airport Submitted by Snug Harbor Seafoods, Inc.
MOTION:
Council Member Gabriel MOVED to approve the Special Use Permit for Snug Harbor Seafoods,
Inc. for on or Off-Loading fish at the Kenai Municipal Airport and requested UNANIMOUS
CONSENT; the motion was SECONDED by Marquis.
VOTE: There being no objections, SO ORDERED.
14. Discussion Item – Changes in the City’s General Liability Insurance Coverage W hich
May Change Council’s Direction to the Administration Regarding Surety Bonding
Amounts Required for the City Manager, City Clerk, and Finance Director.
Administration explained Municipal Carter and Code requirements, and also insurance policy
options; proposed to buy bonds at a cost of $92.00.
MOTION:
Council Member Molloy MOVED to approve purchase of bonds for city manager, city clerk, and
finance director in accordance with KMC 1.60.020 as prescribed by code and requested
UNANIMOUS CONSENT; the motion was SECONDED by Marquis.
Administration advised bonding would be a section of Charter that could be looked at by a Charter
Commission.
VOTE: There being no objections, SO ORDERED.
Page 37 of 90
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – discussed disposal of a pool table and reviewed United Way By-
Laws; no changes. Also, asked about meal charge not being changed. Updated on
progress of flower beds and expressed appreciation of work for bathrooms.
2. Airport Commission – continued work on the master plan. Also, considered two
unsolicited sale requests; both were turned down.
3. Harbor Commission – considered a lease amendment to Wild Pacific Salmon, Inc. and
a fuel dock assignment to Copper River Seafoods, Inc.; both were approved. Decided
to go paperless with the caveat that they could request a paper copy if requested. Also
recommend harbor commissioners receive passes for dipnet season so they don’t
have to stop and explain what they were doing.
4. Parks and Recreation Commission – approved closure of an un-platted road and
discussed the need to begin to open lawn space in municipal parks.
5. Planning and Zoning Commission – approved a plat in Thompson Subdivision to
combine two lots into one and a Conditional Use Permit for an accessory building
without a main building. Also, recommended approval of lease extension for Wild
Pacific Salmon.
6. Beautification Committee – no report.
7. Mini-Grant Steering Committee – no report.
I. REPORT OF THE MAYOR
Mayor Porter reported on the following:
• Saturday Coffee with the Mayor
• Thanked Gabriel for attending the Air Fair on her behalf
• Swearing in of a new firefighter
• Planning & Zoning Commissioner applicant interviews
• Met president of Boys & Girls Club
• Met Governor Walker & Mike Navarre regarding fire and fishery issues
J. ADMINISTRATION REPORTS
1. City Manager reported on the following:
• June 6th was D-Day for veterans
• Fire Department’s assistance on structure protection in the Card Street
firefighting efforts
• Kenai Peninsula Borough’s consideration of an ordinance amending
anadromous stream policies affecting the mouth of the Kenai River
• Firefighting efforts affecting the City’s water utility sources
• Wheelchair accessible van for the senior center was ordered
• Donation of salmon to senior center
• Meetings for personal use fishery season
• VIP Road Local Improvement District and Municipal Park Projects kicking off
Page 38 of 90
2. City Attorney – reported he was scheduled to be out of the office beginning 6/26 for
two weeks.
3. City Clerk – reported that the Airport Commission and Planning & Zoning Commission
tentatively scheduled a work session for 6/23 at 6pm to discuss rezoning airport lands.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
All welcomed Student Representative Drury
Councilor Navarre enjoyed the Air Fair, felt the work session on Commercial Legalization of
Cannabis was beneficial, and thanked the manager for donating wood for the gazebo.
Vice Mayor Gabriel thanked those that testified on various issues and also enjoyed the Air Fair.
Council Member Marquis thanked those that testified, thanked Council for their support for the
ordinance regarding fireworks and the attorney and manager for their support in drafting the
ordinance.
Councilor Molloy also enjoyed the Air Fair; thanked those that testified; and thanked the city clerk
and attorney for assistance with the ordinance regarding Council nominating to the Planning &
Zoning Commission and Council for consideration of the ordinance.
Council Member Knackstedt thanked individuals involved in making the Air Fair successful.
Mayor Porter recognized the firefighters working on the fires and troopers and police as well for
their efforts maintaining safety.
L. EXECUTIVE SESSION – None
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
There being no further business before the Council, the meeting was adjourned at 9:55 p.m.
Page 39 of 90
I certify the above represents accurate minutes of the Kenai City Council meeting of June 17,
2015.
_____________________________
Sandra Modigh, CMC
City Clerk
**The student representative may cast advisory votes on all matters except those subject to
executive session discussion. Advisory votes shall be cast in the rotation of the official council
vote and shall not affect the outcome of the official council vote. Advisory votes shall be
recorded in the minutes. A student representative may not move or second items during a
council meeting.
Page 40 of 90
KENAI CITY COUNCIL WORK SESSION
JUNE 16, 2015
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
Council present: P. Porter, R. Molloy, H. Knackstedt, B. Gabriel, T. Navarre, R. Marquis
Others present: City Manager R. Koch, City Attorney S. Bloom, and City Clerk S. Modigh
Mayor Porter began the work session at approximately 6:00 p.m.
City Attorney Bloom reviewed the outcome of Ballot Measure 2 which legalized marijuana in the
state of Alaska, advising that as of February 24, 2015 personal use of marijuana became legal
for adults over 21, and that as of May 2016 commercial marijuana business licenses will be
issued.
Bloom provided an overview of legislative action taken to date reporting the State was currently
in the process of appointing members to a Marijuana Control Board. Thus far, the definition of
“in public” for purposes of public consumption, and proposed regulations regarding local options
has been completed by the Alcoholic Beverage Control (ABC) Board. The State has advised
that two additional sets regulations would be established by May 2016.
Bloom reviewed operations authorized by statute, additional commercial operations authorized
by proposed regulations, and statutory local options. Bloom further noted the potential issues
with regulations related to conflicts with Alaska Administrative Code and City Charter. Bloom
recommended the City forward the ABC Board a letter requesting they reconcile its regulations
which are conflicting with State Statute and Charter, to which Council concurred.
Lastly, Bloom provided potential action the Council could take and suggested topics that should
be discussed and considered.
Council discussed whether Kenai should rely on State regulations or establish its own
regulations. Council concurred to have the Planning and Zoning Commission begin a review to
determine zoning and land use recommendations for potential commercial businesses and
wanted to ensure community input during the process.
Patricia Patterson, a Kenai resident commended Council for conducting the work session and
cautioned over taxation.
Lee Fable, Chairman of the Borough’s Task Force, thanked the City for holding the work
session and spoke in favor of providing necessary direction to the community.
The work session was adjourned at 7:36 p.m.
Notes prepared by:
_______________________________
Sandra Modigh, CMC
City Clerk
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MEMO:
TO: Mayor and City Council Members
FROM: Sandra Modigh, City Clerk
DATE: June 25, 2015
SUBJECT: Planning & Zoning Commission Vacancy
At the June 17, 2015 meeting, Mayor Porter nominated Patrick “Jack” Focose to fill the
vacancy on the Planning and Zoning Commission.
Pursuant to 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.
/sm/
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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COUNCIL ON AGING MEETING
JUNE 11, 2015 – 4:30 P.M.
KENAI SENIOR CENTER
CHAIR VELDA GELLER, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Geller called the meeting to order at 4:30 p.m. Roll was confirmed as follows:
Members Present: Vice Chair M. Milewski, M. Necessary, A. W eeks, L. Nelson, B.
Osborn, V. Hallmark, J. Hollier
Members Absent: F. Walters, V. Geller,
Staff/Council Liaison Present: K. Romain, J. Smith, Council Liaison Molloy
A quorum was present.
2. AGENDA APPROVAL
Councilor Osborn MOVED to approve the agenda and Councilor Necessary SECONDED the
motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – March 12, 2015
Councilor Weeks MOVED to approve the March 12, 2015 summary; Nelson SECONDED the
motion. There being no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS
a. Pool Table
The status of the pool table was discussed; it was explained that of the agencies contacted
none had a use for it. Other agencies were suggested to be contacted for interest.
6. NEW BUSINESS
a. Review of By-Laws for United Way
The By-Laws were reviewed by members; all noted and signed they had reviewed.
7. REPORTS
a. Senior Center Director – Romain noted:
• Flower boxes and materials had been purchased by Senior Connection.
• Staff was working with Administration on the bathroom remodel.
b. Council on Aging Chair – None.
Page 61 of 90
c. City Council Liaison – Council Liaison Molloy reported on:
• Changes to the fee schedule.
• Vintage Pointe management contract.
• Meal money budget.
• Work Session regarding legalization of cannabis.
• New van.
8. NEXT MEETING ATTENDANCE NOTIFICATION – July 9, 2015
9. QUESTIONS & COMMENTS
Councilor Osborn asked about the pile of dirt across from the senior center and mentioned the
July 4th Pie Booth. Molloy said he would check into the dirt.
Councilor Weeks noted he would like to meet more regularly.
Councilor Nelson thanked Senior Connection for their hard work.
10. PERSONS NOT SCHEDULED TO BE HEARD
Jill Smith, new Mature Alaskans Seeking Skills Training Director introduced herself.
11. INFORMATION – None
12. ADJOURNMENT
Councilor Osborn MOVED to adjourn and Councilor Weeks SECONDED the motion. There
were no objections; SO ORDERED.
There being no further business before the Council, the meeting was adjourned at 5:26 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy Clerk
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KENAI AIRPORT COMMISSION
JUNE 11, 2015 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER AND ROLL CALL
Chair Bielefeld called the meeting to order at 7:01 p.m. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
J. Bielefeld, K. Dodge, G. Feeken, J. Zirul, P. Minelga, L.
Porter
C. Henry
Staff/Council Liaison Present: Airport Manager M. Bondurant, Airport Assistant E. Shinn,
Council Liaison Mayor Porter
A quorum was present.
a. Pledge of Allegiance
Commissioner Feeken led those assembled in the Pledge of Allegiance.
2. AGENDA APPROVAL
Commissioner Zirul MOVED to approve the agenda and Commissioner Bielefeld SECONDED
the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. March 12, 2015
Commissioner Bielefeld MOVED to approve the agenda and Commissioner Porter SECONDED
the motion. There were no objections; SO ORDERED.
b. April 9, 2015
Commissioner Bielefeld MOVED to approve the agenda and Commissioner Porter SECONDED
the motion. There were no objections; SO ORDERED.
c. May 14, 2015
Commissioner Bielefeld MOVED to approve the agenda and Commissioner Porter SECONDED
the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – Review of Airport Draft Long Range Plan
Development Plan by Wince, Corthell & Bryson.
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Casey Madden, with Wince, Corthell & Bryson gave an update on the Draft Long Range
Development Plan recommending a work session to discuss the plan further on July 9 prior to the
Airport Commission Regular Meeting.
5. UNFINISHED BUSINESS
a. 15th Annual KPFA
Department Director M. Bondurant updated the commission on the air fair planning.
6. NEW BUSINESS
a. Unsolicited Offer to Purchase – 11440 Kenai Spur Hwy.
The city manager provided an explanation of the offer on the property inside the airport reserve
and discussed a financial analysis of the benefits of leasing versus selling.
Fred Braun spoke in favor of selling the property pointing out that investors preferred to purchase
property as opposed to leasing property.
MOTION:
Commissioner Porter MOVED to approve the sale; the motion died for lack of a second.
b. Unsolicited Offer to Purchase – 2014 Re-Plat 4Z
MOTION:
Commissioner Porter MOVED to approve selling the property and Commissioner Bielefeld
SECONDED the motion.
The city manager provided an explanation of the offer on the property inside the airport reserve
and discussed a financial analysis of the benefits of leasing versus selling.
Duane Bannock, representing Schilling Rentals, agreed that selling the property may not be in
the best interest of the airport but spoke in favor of being in the best interest of the City.
Commissioner Zirul declared a conflict of interest and was excused from voting.
VOTE:
YEA: Porter
NAY: Bielefeld, Minelga, Feeken, Dodge
EXCUSED: Zirul
c. Special Use Permit to Snug Harbor Seafoods
Airport Manager M. Bondurant recommend approval of the one month Special Use Permit.
MOTION:
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Commissioner Bielefeld MOVED to approve the agenda and Commissioner Porter SECONDED
the motion. There were no objections; SO ORDERED.
7. REPORTS
a. Airport Manager – Bondurant reported on the following:
• Air Fair planning is ongoing.
• Bar/Lounge concession agreement would be going to Council at its June 17th
meeting.
• Fuel pumps at the float plane basin were down.
• A new runway sensor was being installed at the South end on June 22nd.
• Advertising for an Operations Supervisor; Earl Hicks retired on May 29th.
b. City Council Liaison – Mayor Porter reported on the June 3, 2015 Council Meeting
and that the FY16 Budget had been adopted.
8. NEXT MEETING ATTENDANCE NOTIFICATION – July 9, 2015.
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Bielefeld asked about the status of the taxiway rehab; Bondurant explained the
project wouldn’t be bid this year.
Commissioner Porter asked if there were any plans to remove the trees that had been topped
and were now dead; Bondurant said she would look into it.
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
MOTION:
Commissioner Zirul MOVED to adjourn; Commissioner Porter SECONDED the motion. There
were no objections; SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 9:07p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JUNE 24, 2015 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commissioner Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: G. Pettey, K. Peterson, J. Glendening, D. Fikes
R. Springer, J. Twait
Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, H. Knackstedt
A quorum was present.
c. *Excused Absences – None
d. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda; Commissioner Springer SECONDED
the motion. There were no objections; SO ORDERED.
e. Consent Agenda
MOTION:
Commissioner Glendening MOVED to approve the consent agenda and Commissioner Fikes
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 – June 10, 2015
Approved by the consent agenda.
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3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5. CONSIDERATION OF PLATS: None
6. PUBLIC HEARINGS:
a. PZ15-17 – Application for a Variance Permit granting a 5 foot side yard variance where
15 feet is required to allow a 10 foot side yard setback for the placement of a 12 x 20 foot
storage shed with an approximately eight foot attached lean-to for the property located at
1215 Chinook Dr., Lot 13, Oberts Pillars Subdivision Part Two.
City Planner Kelley reviewed his staff report recommending approval of the variance permit with
the following conditions:
• Applicants must comply with all Federal, State and local regulations.
• Applicants must obtain a building permit prior to the placement of the prefabricated
storage shed on the property.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ15-17 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
The applicant addressed the Commission noting the dimensions of the shed would likely be
smaller than proposed. Also noted, his neighborhood has stringent requirements on aesthetics.
With no one else wishing to speak, the public hearing was closed.
VOTE:
YEA: Pettey, Peterson, Fikes, Glendening, Springer, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
Chairman Twait noted the 15 day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Discussion with Administration and Consider scheduling a joint Work Session with the
Airport Commission regarding the rezoning of Airport Lands.
City Planner Kelley provided an over view of the joint work session conducted with the Airport
Commission on June 23, 2015. An additional joint work session was scheduled on August 8,
2015 at 5:30 p.m.
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Both commissions were in favor of rezoning some of the airport lands; staff to prepare a draft for
review at the next work session.
9. PENDING ITEMS:
a. PZ15-03 – Preliminary Original Beluga Subdivision 2015 Replat & Right-of-way
Vacation, submitted by Kenai New Life Assembly of God, 209 Princess Street, Kenai,
AK 99611
10. REPORTS:
a. City Council – Knackstedt reviewed the action agenda of the June 17, 2015 council
meeting which was provided in the packet.
b. Borough Planning – Glendening reviewed action taken at the meeting on June 22, 2015
noting six subdivision plats were approved.
c. Administration – Kelley provided an update on the gravel pit project noting an appeal
was not filed; upcoming would be variance for an existing storage building built without a
permit; a possible conditional land use application for a structure in old town may be
before the commission; advised of the council work session on July 21 to discuss the
junk vehicle ordinance.
11. PERSONS PRESENT NOT SCHEDULED:
Kristine Schmidt spoke in opposition to the work session held on June 23rd related to the
rezoning of airport lands. Noted this item was very controversial and the public needs to be
more involved.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 8, 2015
COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey noted that when she attends a work session she does so with an open
mind and appreciates the public input.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
7:37 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
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