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Home My WebLink About2015-09-02 Council PacketAGENDA KENAI CITY COUNCIL – REGULAR MEETING SEPTEMBER 2, 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. 2851-2015 – Increasing General Fund Estimated Revenues and Appropriations for Unbudgeted Costs Related to the Acquisition of Property Retained for a Public Purpose. ................................................ Pg. 5 2. Resolution No. 2015-49 – Awarding an Agreement for Development of Construction Documents for Improved Airport Drainage 2016 to Wince Corthell Bryson. .................................................................................................. Pg. 9 3. Resolution No. 2015-50 – Authorizing the Purchase of the Following Seven Parcels of Real Property: Government Lot 15, Section 7, Township 5 North, Range 11 West, Seward Meridian; Lots 1, 2, 3, and 4, Dragseth Subdivision, According to Plat KN 77-56; and Lots 5A and 6A Dragseth Subdivision No. 2 According to Plat KN 91-33, all in the Kenai Recording District, Third Judicial District, State of Alaska, Including all Improvements thereon, from ARK Properties, LLC for the Purpose of Constructing Improved Public Access to the City’s South Beach. ............................................................................... Pg. 11 • Presentation by Administration E. MINUTES 1. *Work Session of August 17, 2015 .......................................................... Pg. 29 2. *Regular Meeting of August 19, 2015 ...................................................... Pg. 31 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 41 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 43 3. *Ordinance No. 2852-2015 – Repealing and Reenacting Kenai Municipal Code Chapter 7.15-Purchases and Sales, to Expand Public Solicitation Requirements, Redefine Professional Services, Define Management Services, Reorganize the Chapter, Provide an Appeals Process, and Make Other Material and Housekeeping Changes and Amending Chapter 7.25-City Budget, to Include Setting Fee Schedules. ............................................ Pg. 45 4. *Ordinance No. 2853-2015 – Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed through the Alaska State Library for Employee Travel and Training.......................... Pg. 67 5. *Ordinance No. 2854-2015 – Increasing Estimated Revenues and Appropriations by $41,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2016 Airfield Marking & Signage Project and Awarding a Contract to Wince-Corthell-Bryson Consulting Engineers for Design Services. ................................................................................. Pg. 71 6. Action/Approval – Assignment of Lease between L & M Ventures, Inc. & Michael J. Lott, Natasha Lott & Nina Marion D/B/A Little Ski-Mo’s and Judilee Forrest for Property Described as Lot 3, Block 1, Gusty Subdivision...... Pg. 75 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging ................................................................................... Pg. 83 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission ......................................................... Pg. 85 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager Kenai City Council Meeting Page 2 of 3 September 2, 2015 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. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. .. Pg. 91 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. Kenai City Council Meeting Page 3 of 3 September 2, 2015 [PAGE LEFT BLANK INTENTIONALLY] Page 5 of 91 Page 6 of 91 Page 7 of 91 [PAGE LEFT BLANK INTENTIONALLY] Page 8 of 91 Page 9 of 91 Page 10 of 91 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2015-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF THE FOLLOWING SEVEN PARCELS OF REAL PROPERTY: GOVERNMENT LOT 15, SECTION 7, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN; LOTS 1, 2, 3, AND 4, DRAGSETH SUBDIVISION, ACCORDING TO PLAT KN 77-56; AND LOTS 5A AND 6A DRAGSETH SUBDIVISION NO. 2 ACCORDING TO PLAT KN 91-33, ALL IN THE KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, INCLUDING ALL IMPROVEMENTS THEREON, FROM ARK PROPERTIES, LLC FOR THE PURPOSE OF CONSTRUCTING IMPROVED PUBLIC ACCESS TO THE CITY’S SOUTH BEACH. WHEREAS, each year tens of thousands of visitors participate in the dip net fishery in the City of Kenai; and, WHEREAS, the City does its best to accommodate the visitors and fishery and mitigate the impacts to local residents, sensitive environmental areas and City infrastructure; and, WHEREAS, managing physical access to the fishery poses particular challenges that affect local property owners and City lands; and, WHEREAS, the City Council has previously, unanimously appropriated through Ordinance 2771-2014, a State Grant for $1.9 million for the purpose of designing and constructing a new roadway for access to the South Beach and related improvements; and, WHEREAS, the grant specifically allows for the funds to be used for design, easement and land acquisition, construction and equipment purchases; and, WHEREAS, the City has held numerous meetings with affected property owners and state agencies weighing alternatives for improved South Beach Access; and, WHEREAS, the City has explored obtaining permitting for building a new road across wetland areas and alternatively purchasing select parcels of unimproved property; and, WHEREAS, after review from permitting agencies and negotiations for property acquisition, the City’s apparent best option for providing new beach access to the dip net fishery on the South Beach is the purchase of the following seven parcels of property: Government Lot 15, Section 7, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska; Lots 1, 2, 3, and 4, Dragseth Subdivision, according to Plat KN 77-56 filed in the Kenai Recording District, Page 11 of 91 Resolution No. 2015-50 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Third Judicial District, State of Alaska; Lots 5A and 6A Dragseth Subdivision No. 2 according to Plat KN 91-33 filed in the Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS, the purchase of these properties with State grant funding will enable the City to construct a new road with minimal habitat disturbance, eliminate permitting requirements and allow for utilization of existing roads while accomplishing the goals of providing improved access that alleviates existing conflict between fishery participants attempting to access the fishery and local property owners; and WHEREAS, the City does not need all seven parcels or the improvements for road construction, however, purchasing all seven properties including improvements was the only option accepted by the properties’ owner and the City intends to re-subdivide the properties and sell all the improvements and excess land as soon as reasonably possible. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to enter into an agreement to purchase the following several parcel of real property including all improvements thereon and certain pieces of personal property as identified in the attached Purchase and Sales Agreement: Government Lot 15, Section 7, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska; Lots 1, 2, 3, and 4, Dragseth Subdivision, according to Plat KN 77-56 filed in the Kenai Recording District, Third Judicial District, State of Alaska; and Lots 5A and 6A Dragseth Subdivision No. 2 according to Plat KN 91-33 filed in the Kenai Recording District, Third Judicial District, State of Alaska, for the price of one million six hundred thousand dollars ($1,600,000.00) plus closing costs allocated in the Purchase and Sales Agreement Attached hereto and complete the purchase subject to a professional appraisal that supports the purchase price, title reports, surveys and satisfactory results of any other relevant due diligence inquiries the City Manager may make. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September, 2015. _______________________________________ PAT PORTER, MAYOR Page 12 of 91 Resolution No. 2015-50 Page 3 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ______________________________________ Sandra Modigh, City Clerk Page 13 of 91 Page 14 of 91 Page 15 of 91 Page 16 of 91 Page 17 of 91 Page 18 of 91 Page 19 of 91 Page 20 of 91 Page 21 of 91 Page 22 of 91 Page 23 of 91 Page 24 of 91 Page 25 of 91 Page 26 of 91 Page 27 of 91 [PAGE LEFT BLANK INTENTIONALLY] Page 28 of 91 KENAI CITY COUNCIL WORK SESSION AUGUST 17, 2015 KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: P. Porter, H. Knackstedt, R. Marquis, B. Gabriel, T. Bookey, B. Molloy and T. Navarre Others present: City Manager R. Koch, City Attorney S. Bloom, Finance Director T. Eubank and City Clerk S. Modigh Mayor Porter began the work session at approximately 6:00 p.m. Council Member Molloy provided an overview of the draft rewrite of Kenai Municipal Code 7.15 related to Purchases and Sales proposed by himself and Council Member Knackstedt. Molloy noted that policies from other communities and the state of Alaska were used as references in addition to input provided by Administration. Knackstedt noted that prior to being elected he had been contacted by individuals that were concerned with the City’s procurement process for professional services and wanted to make this review a priority once on Council. Randy Daly, owner of HiSpeed Gear Inc., spoke in opposition of the City’s current procurement procedures and proposed improvements which were provided in the packet. Councilors Knackstedt and Molloy reviewed the proposed ordinance section by section highlighting differences. City Manager Koch noted that the proposed amendments are more restrictive than the current policies in place stating that codifying this may be problematic due to unique circumstances. Koch explained that the majority of procurement dollars spent are through the RFP process and spoke in favor of flexibility for Council’s approval of procurement. Koch spoke in opposition of removing the management services from professional services. Council discussed informal purchasing of minor purchases and the City Manager having the flexibility to waive specific requirements. It was discussed that purchases greater than $15,000 but less than $25,000 as such a small margin and suggestions were made for more flexibility. Administration recommended that large purchases beginning at $50,000 require an invitation for bid. It was noted the KPB is currently at $40,000. Council discussed, but wasn’t able to come to an agreement on the codified dollar amounts. Council requested a list of purchases to review the different categories and dollar amounts. Procurement and Professional Services Council discussed Management Services being removed from Professional Services and included in 7.15.050, and defined as to not be required to accept the lowest bidders. Page 29 of 91 Kenai City Council Work Session August 17, 2015 Page 2 It was noted that procurement for legal services by Administration is needed and should be placed back in the proposed draft ordinance. Innovative Procurements and Other Exception Explanation of the category was an item that needs to be purchased that is unique and doesn’t fit within the typical requirements of code or policy. Local Preference A small dollar range was added to smaller purchases in this category and the definition of “local bidder” was revised. Council discussed stating that the City “will” instead of “maybe” give local preference. The definition of a local bidder was discussed with possible amendments. It was considered whether local is considered Kenai or the Peninsula. It was noted that the proposed revision would be made to the draft ordinance and that it would be before Council at its next meeting. The work session was adjourned at 8:06 p.m. Notes prepared by: _______________________________ Sandra Modigh, CMC City Clerk Page 30 of 91 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 19, 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 August 19, 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 Brian Gabriel, Vice Mayor Terry Bookey Ryan Marquis A quorum was present. 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: Add to Item G.2 Purchase Orders Exceeding $15,000 • Supporting Memorandum • Supporting Memorandum MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. Page 31 of 91 City of Kenai Council Meeting Page 2 of 9 August 19, 2015 4. Consent Agenda MOTION: Councilor Bookey MOVED to approve the consent agenda with the removal of item G.2., Purchase Orders Exceeding $15,000, and requested UNANIMOUS CONSENT; Gabriel 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 1. John Williams, Kenai Resident – Resurrection and Restoration of the Old White Fire Truck. John Williams explained his proposal to resurrect and restore the fire truck to its original state, which he estimated to cost approximately $20,000. He requested the City consider contributing half of the needed funds with the other half of the funds to be raised by donations. He also explained that, when completed, the fire truck would be fully operational and could be used in parades or be a static display at the Fire Department. It was suggested that the City set up an account so those donating to the fundraising efforts would know the funds are secure; could begin fundraising this year in anticipation of the City contributing in the next fiscal year. 2. Richard Page, SOAR International Ministries – City of Kenai Airport Leases & Appraisals. Richard Page stated that SOAR had been leasing and operating on three airport properties since 2000. He further stated that the lease rates have more than doubled over the past fifteen years, and that appraisals have been based on “zones” which have been priced differently over the years based on the potential for street accessibility. Mr. Page explained that he received ambiguous answers from the appraiser regarding comparable data as well as confusing information on the appraisal itself, such as a statement that pricing had been stable yet the value of lots doubled and also a statement that Lowes and Wal-Mart were recently completed projects in both the 2010 appraisal and also in the 2015 appraisal. Mr. Page said that all of the airports he had called had discarded the appraisal system and adjusted rates based on the consumer price index. He also pointed out that the consumer price index was the method used for Kenai’s airport building tenants and one lease lot. Mr. Page requested that the lease rate determination process be reevaluated to provide stability and consistency to leaseholders. C. UNSCHEDULED PUBLIC COMMENTS - None Page 32 of 91 City of Kenai Council Meeting Page 3 of 9 August 19, 2015 D. PUBLIC HEARINGS 1. Ordinance No. 2849-2015 – Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2849-2015; 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, Knackstedt, Molloy, Marquis, Bookey, Gabriel NAY: **Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2850-2015 – Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund – Fire Department for an Equipment Grant Provided by the Southern Region EMS Council. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2850-2015; 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, Bookey, Marquis, Molloy NAY: **Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2015-47 – Creation of a Subcommittee to the Parks and Recreation Commission for the Purpose of Determining the Feasibility and Costs for the Phased Construction of a Park Facility, Including a Permanent Stage. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2015-47; the motion was SECONDED by Council Member Marquis. Page 33 of 91 City of Kenai Council Meeting Page 4 of 9 August 19, 2015 Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. The desired effect of the adoption of the Resolution was explained; the desire for a neighborhood atmosphere, community participation, etc. The park strip as a potential location was also discussed; administration explained that anything built on park strip property, which is airport reserve land, was secondary to airport use which impacted feasibility of using the space. Membership of the committee was also discussed. MOTION TO AMEND: Council Member Gabriel MOVED to add two additional vacant seats to the subcommittee; the motion was SECONDED by Council Member Molloy and UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MOTION: YEA: Porter, Knackstedt, Marquis, Bookey, Gabriel, Molloy NAY: **Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2015-48 – Awarding a Contract for the Purchase of Two Lifepak 15 Monitor/Defibrillators. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2015-48; the motion was SECONDED by Council Member Marquis who asked for UNANIMOUS CONSENT. 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 August 5, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS - None G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Page 34 of 91 City of Kenai Council Meeting Page 5 of 9 August 19, 2015 Approved by the consent agenda. 2. Action/Approval – Purchase Orders Exceeding $15,000. [Clerk’s Note: This item was removed from the Consent Agenda at Approval of the Consent Agenda.] MOTION: Council Member Knackstedt MOVED to divide the question to divide out the purchase order to Hattenburg, Dilley & Linnell; the motion was SECONDED by Council Member Molloy VOTE: YEA: Porter, Knackstedt, Marquis, Bookey, Gabriel, Molloy NAY: **Student Representative Drury: YEA MOTION: Council Member Marquis MOVED to approve the Hattenburg, Dilley & Linnell purchase order; the motion was SECONDED by Council Member Bookey Administration explained that well 2B was to be decommissioned, that well 2C has been a monitoring and was slated to be tied into production, and a new high production well will be established, well 2E, and that existing pumps, piping & electrical systems from the decommissioned well would be used for the new well. It was clarified that the purchase order is a change order to an existing purchase order and that the funding comes from a re-appropriated grant set to expire in March, 2016. VOTE: YEA: Porter, Knackstedt, Marquis, Bookey, Gabriel, Molloy NAY: **Student Representative Drury: YEA MOTION: Council Member Marquis MOVED to approve all additional purchase orders and changes; the motion was SECONDED by Council Member Bookey and UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 3. Ordinance No. 2851-2015 – Increasing General Fund Estimated Revenues And Appropriations For Unbudgeted Costs Related To The Acquisition Of Property Retained For A Public Purpose. Introduced on the consent agenda and public hearing set on September 2, 2015. Page 35 of 91 City of Kenai Council Meeting Page 6 of 9 August 19, 2015 4. Action/Approval – Schedule a W ork Session in September to Discuss Funding Requests for FY17 Capital Improvement Priorities. It was decided that the work session would be scheduled for September 16, 2015 at 5:30 p.m.. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – met August 13. Discussed an adjacent dirt pile and its removal; a pool table that wasn’t wanted as a donation would be disassembled and surplussed; ongoing ADA renovations in the bathroom; a training session for quality of life. It was also reported that there would be a mystery dinner with the Kenai Performers on October 16. 2. Airport Commission – August meeting was canceled; next meeting is September 10. 3. Harbor Commission – August meeting was canceled; next meeting is September 21. 4. Parks and Recreation Commission – no report. 5. Planning and Zoning Commission – held a meeting on August 12. The meeting minutes, which were provided in the packet, were reviewed. It was also reported that they discussed zoning for commercial marijuana legalization and that there will be a reconsideration on August 26 for the re-zoning of the property on Evergreen for the Kenai Performers. 6. Beautification Committee – a work session took place on August 18, after the annual garden tour. 7. Mini-Grant Steering Committee – no report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Met with Kelli Toth from the Alaska Office of Boating Safety regarding Boating Safety. • Kaleidoscope school will be doing fence art that changes out periodically at the green space at 4th Avenue and Forest Drive. • Industry Days reminder; August 29. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Purchase of self-contained breathing apparatus tanks; discussion item at the next meeting. • United States Army Corps of Engineer’s Summary of May 13, 2015 meeting regarding Kenai Bluff. • Requesting the Governor put the Bluff Erosion project in the state’s budget. • Allie Ostrander attending Boise State University; first track meet is September 7. • Updates on senior center culvert replacement and restroom upgrades. Page 36 of 91 City of Kenai Council Meeting Page 7 of 9 August 19, 2015 • Met with the Governor and interviewed for appointment to the Board of Directors of the Alaska Industrial Development Export Authority and the Alaska Energy Authority; grateful for the opportunity. • Met with Alaska Natural Gas Development Authority; received an update on the Alaska Liquefied Natural Gas Project Administration also explained prescribed methodologies for setting lease rates and the conflict resolution clause in each lease. 2. City Attorney – no report. 3. City Clerk – reported that the candidate filing period closed on August 17 and that three candidates had been certified – incumbent Molloy, former Councilor Boyle, and Planning & Zoning Commissioner Glendening. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob MacIntosh expressed concern about the Parks & Recreation sub-committee and how their tasks relate to the Comprehensive Plan. He also expressed concern about the sub-committee spending money on concepts until Comprehensive Plan is re-visited. 2. Council Comments Vice Mayor Gabriel thanked the employees for their work during dipnet season. He also thanked the Council for support for Resolution 2015-47. Councilor Bookey introduced son Corbin attending meeting. Councilor Marquis thanked MacIntosh for his comments; thanked Corbin for supporting his uncle. Councilor Knackstedt thanked the Kenai Fire Department for helping the Civil Air Patrol string their flag pole. He reported that he attended a work session in Soldotna regarding legalization of marijuana and pointed out they are at about the same stage as Kenai in the process. Councilor Molloy thanked colleagues and staff for participation in the purchasing work session, also thanked those that offered public comments. He pointed out that there is a 2006 Supplemental Plan Assessment for the Airport. Student Representative Drury reported that she attended Freshman Night where 150 incoming high school freshman were welcomed; getting leadership up and running next week. L. EXECUTIVE SESSION 1. 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)]. Page 37 of 91 City of Kenai Council Meeting Page 8 of 9 August 19, 2015 MOTION: Council Member Gabriel MOVED to convene in executive session Regarding 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 matters that the immediate knowledge of which would clearly have an adverse effect upon the finances of the City [AS 44.62.10 (c)(1)]. Council Member Bookey SECONDED the motion. Availability of the City Attorney, City Manager was requested. VOTE: YEA: Molloy, Porter, Knackstedt, Gabriel, Bookey NAY: Marquis Student Representative Drury left the meeting at 8:37p.m.. Council reconvened in open session. It was explained that executive session was called 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 and that direction was provided to authorize the City Manager and City Attorney to pursue negotiations for purchase of lands and other properties from ARK Properties, LLC. 2. To Discuss Amending the City’s Agreement with the Public Employees’’ Retirement System (PERS) to Remove the City Manager’s Position, a Matter that the Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the City and may be a Subject that tends to Prejudice the Reputation and Character of any Person, provided the Person May Request a Public Discussion [AS 44.62.10 (c)(1)(2)]. MOTION: Council Member Gabriel MOVED to convene in executive session to discuss amending the city’s agreement with the Public Employees’ Retirement System (PERS) to remove the City Manager’s position, matters that the immediate knowledge of which would clearly have an adverse effect upon the finances of the City [AS 44.62.10 (c)(1)] and may be a subject that tends to prejudice the reputation and character of any person, provided the person may request a public discussion [AS 44.62.10 (c)(1)(2)]. Council Member Molloy SECONDED the motion. Availability of the City Attorney, City Manager and Finance Director was requested. VOTE: YEA: Molloy, Porter, Knackstedt, Gabriel, Bookey, Marquis NAY: MOTION PASSED. Council reconvened in open session. Page 38 of 91 City of Kenai Council Meeting Page 9 of 9 August 19, 2015 It was explained that executive session was called to discuss the removal of the City Manager’s position from the city’s agreement with PERS and that no direction was given. 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 9:22 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of August 19, 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. 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Geller, Vice Chair M. Milewski, M. Necessary, A. Weeks, L. Nelson, B. Osborn, V. Hallmark, J. Hollier, F. Walters Members Absent: Staff/Council Liaison Present: R. Craig, Council Liaison Molloy A quorum was present. 2. AGENDA APPROVAL By UNANIMOUS CONSENT, the Agenda was approved. 3. APPROVAL OF MEETING SUMMARY – June 11, 2015 Councilor Nelson MOVED to approve the June 11, 2015 summary; Osborn SECONDED the motion. There being no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – Lisa Roberts, United Way. Lisa Roberts of United Way explained that United Way began in 1985 and that there were 27 United Way agencies. She also gave an overview of upcoming events which included: • Annual Campaign with a $400,000 goal, September 15 – October 31, 2015 • Fox Island Fundraiser, August 29 - $80 for individual/$150 for couple. • Project Homeless event, September 15. • Joint Chamber of Commerce Kick-Off, September 8. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Information on Grants Staff reported that the United Way Grant was $9,582, and the Nutrition, Transportation and Services Grant was $182,847; both were down from last year. The Borough Grant stayed the same at $126,207. 7. REPORTS a. Senior Center Director – Craig noted: Page 83 of 91 Council on Aging August 13, 2015 Page 2 of 2 • Pool Tables would be auctioned. • National Association for Activity Professionals training, August 28 & 29. • Mystery Dinner with Kenai Performers, October 16 & 17. b. Council on Aging Chair – None. c. City Council Liaison – Council Liaison Molloy reported on: • Work Session on Purchasing Code • Ordinance on washing vehicles. • Direction to Planning & Zoning regarding land use for legalization of commercial marijuana • Upcoming Work Session regarding leasing vs. purchasing city property • Ad-hoc committee to look into feasibility for construction of a park facility including a permanent stage. 8. NEXT MEETING ATTENDANCE NOTIFICATION – September 10, 2015 9. QUESTIONS & COMMENTS The status of the solarium and reports on dipnet fishery were topics discussed. 10. PERSONS NOT SCHEDULED TO BE HEARD – None 11. INFORMATION – None 12. ADJOURNMENT Councilor Osborn MOVED to adjourn and Councilor Hallmark SECONDED the motion. There were no objections; SO ORDERED. There being no further business before the Council, the meeting was adjourned at 6:00 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC, Deputy Clerk Page 84 of 91 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS AUGUST 26, 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 Commissioners present: G. Pettey, D. Fikes, R. Springer, J. Twait, J. Glendening, K. Peterson, Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Council Liaison H. Knackstedt A quorum was present. c. *Excused Absences –J. Focose d. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson 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: August 12, 2015 Approved by the consent agenda. DR A F T Page 85 of 91 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. PZ15-23 – Reconsideration of Application to Rezone 207 Evergreen Street & 12848 Kenai Spur Highway from Rural Residential (RR) to General Commercial (CG). Application submitted by City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. MOTION: Commissioner Glendening MOVED to reconsider action taken on Resolution No. PZ15-23 at the August 12, 2015 Commission meeting. Commissioner Fikes SECONDED the motion. City Planner Kelly reviewed his memorandum provided in the packet and reminded the Commission that the application before them was to determine whether rezoning the subject parcels from Rural Residential to General Commercial would be in the best interest of the City. It was further clarified that the subject application was not a design review project nor an opportunity for the Commission to discuss or provide an opinion on what the parcels would be used for. Chairman Twait opened the public hearing. Sally Cassino, Kenai Performers Board President, expressed gratitude for the proposed land being donated by the City and advised that the group would like to continue to reside within the City of Kenai. Cassino advised that the building plan for the property would be constructed for approximately 100 occupants and clarified it wasn’t the intent of the group to build a steel building as mentioned in the last meeting summary. It was noted that the grants being sought after by the Kenai Performers were contingent on the property being properly zoned which excluded rural residential. Dan Sterchi, 305 Evergreen in Kenai, spoke in opposition to the rezone of the parcel due to it being in a residential area. Additionally, he spoke in opposition to the City donating the land to a group that all may not reside in Kenai; advised he supported the organization in general. Phillip Morin, resident of Kenai and a Board Member of the Kenai Performer’s, noted the Kenai Performers were the 2nd longest established performing group in the state of Alaska and stated the group planned to stick around long term. Clint Hall, a local building contractor, noted that the land as currently zoned would not be marketable as residential and spoke in favor of the rezone as a developer. City Manager Koch advised that the City was the applicant of the rezone not the Kenai Performers and apologized for not attending the last meeting to clarify such. Koch outlined the action taken by Council which was direct the city manager to move forward with the land Planning and Zoning Commission Meeting August 26, 2015 Page 2 DR A F T Page 86 of 91 donation negotiations; however, it had not been approved to date and that there would be conditions to the agreement. The City was waiting for the rezone to move forward in order to continue negotiations with the agreement between the City and the Kenai Performers. Koch further advised that the property was appropriate for a rezone to commercial and that vehicular traffic would not increase in the residential area. A brief conversation ensued related to previous donations of city land donated to nonprofit organizations. Tim Navarre, resident of Kenai and member of the Kenai Council, spoke in favor of the rezone and reminded the Commission that they were only voting on whether the property would be compatible as commercial versus residential. Brittany Gellman, spoke in support of Kenai Performers and having the group remain within the community. Sally Cassino reminded the Commission that the organization opened its doors in 1966 within Kenai and would like to continue to provide services in Kenai. Administration and the Commission discussed spot zoning and advised that the rezone would not be considered such. It was noted that Administration looked at other possible zones for the property, but felt the appropriate fit was commercial instead of for example limited commercial. There being no one else wishing to speak, the public hearing was closed. Commissioner’s springer and Glendening spoke in favor of the rezone. VOTE: YEA: Twait, Springer, Pettey, Glendening, Peterson, Fikes NAY: MOTION PASSED UNANIMOUSLY. b. PZ15-24 – An application for a Conditional Use Permit for an Assisted Living Facility for the property known as Tract 36, Killen Estates Addition No. 1 (to be known as Tract 36A, Killen Estates 2014 Replat when plat is recorded), 707 N. Forest Drive. Application submitted by Clint Hall, P.O. Box 2829, Kenai, Alaska. City Planner Kelley reviewed his report provided in the packet and recommend approval with the following requirement: 1. Prior to issuance of the Certificate of Occupancy allowing residents to occupy the building, the applicant must provide the City of Kenai with a recorded copy of the Plat of Killen Estates 2014 Replat. 2. Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. Commissioner Glendening MOVED to approve Resolution No. PZ15-24 and Commissioner Fikes SECONDED the motion. Planning and Zoning Commission Meeting August 26, 2015 Page 3 DR A F T Page 87 of 91 Chairman Twait opened the public hearing. Stan Saner, Kenai resident, addressed concerns related the landscaping not being finished on the property which may decrease the property value of residential homes. Saner spoke in favor of the establishment, but requested the property cleaned up for the neighborhood. [Clerk’s Note: Mr. Saner provided printed pictures of the property] Shellie Saner, Kenai resident, requested the back of the property be restored and requested prohibition of bury pits with specific lot size regulations. Shellie Saner further noted that nature is taking over the fill. Clint Hall, applicant, noted the City used to have a site to transport the noted material but no longer has such. The Commission and Administration discussed code related to bury pits. It was noted that the subject area would be addressed once development of the area ensues; landscaping pursuant to code would be complied with. VOTE: YEA: Twait, Springer, Pettey, Glendening, Peterson NAY: Fikes MOTION PASSED. Chairman Twait advised of the 15 day appeal period. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – reviewed the August 19 council meeting action agenda provided in the packet. b. Borough Planning – reviewed the action taken at the August 24 borough planning meeting including approval of six plats. c. Administration – Kelley reported that he was working on the following matters: • September 14 Council work session for abandoned vehicles • September 22 Commission work session marijuana zoning 11. PERSONS PRESENT NOT SCHEDULED: Shellie Saner requested legislation be adopted so that bury permits would be prohibited with specific regulations depending on lot size. Planning and Zoning Commission Meeting August 26, 2015 Page 4 DR A F T Page 88 of 91 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: September 9, 2015 COMMISSION COMMENTS & QUESTIONS: Commissioner Pettey explained that she voted for the rezone as a good opportunity for the City and to enhance revenues for the City. Commissioner Fikes voted in opposition to the conditional use permit due to bury pits in order to bring such to light. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:34 p.m. Minutes prepared and submitted by: _____________________________ Sandra Modigh, CMC City Clerk Planning and Zoning Commission Meeting August 26, 2015 Page 5 DR A F T Page 89 of 91 [PAGE LEFT BLANK INTENTIONALLY] Page 90 of 91 Page 91 of 91 [PAGE LEFT BLANK INTENTIONALLY]