HomeMy WebLinkAbout2015-11-04 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
NOVEMBER 4, 2015
*** NEW MEETING TIME – 6:00 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. Morgan Merritt – State of Alaska Department of Transportation Project to
Replace Two Culverts in Kenai.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 2859-2015 – Increasing Estimated Revenues and
Appropriations by $20,000 in the Senior Center Fund for Remodel of the
Facilities Restrooms. .............................................................................. Pg. 5
2. Ordinance No. 2860-2015 – Increasing Estimated Revenues and
Appropriations by $1,878,800 in the Water and Sewer Capital Project
Construction of a New Water Reservoir and Related Piping/Equipment.
.............................................................................................................. Pg. 7
3. Ordinance No. 2861-2015 – Accepting and Appropriating a Donation from the
Hilcorp Energy Company to Assist with the Annual Kenai Senior Center
Thanksgiving Dinner. ............................................................................. Pg. 11
4. Ordinance No. 2862-2015 – Accepting and Appropriating a Grant from the
Association for Library Service to Children for a Curiosity Creates Grant.
.............................................................................................................. Pg. 13
Kenai City Council Meeting Page 2 of 3
November 4, 2015
E. MINUTES
1. *Regular Meeting of October 21, 2015 ..................................................... Pg. 17
2. *Work Session Summary of October 27, 2015 ......................................... Pg. 29
F. UNFINISHED BUSINESS
1. Action/Approval – Cancelation of the November 18, 2015, City Council
Meeting Pursuant Charter.
[Clerk’s Note: At its meeting on October 21, 2015, Council postponed this item
to the following meeting. A motion to approve is on the floor.]
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 31
2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 33
3. *Ordinance No. 2863-2015 – Amending Kenai Municipal Code Chapter 12.25
– Abandoned Vehicles, to Define Abandoned Vehicles, Amend the Definition
of Junk Vehicles and Make Other Changes Regarding Vehicle Storage, Repair
and Enforcement and Amending Kenai Municipal Code 12.20.030 – Debris and
Junk Prohibited, to Reflect the Title Change to Chapter 12.25. .............. Pg. 35
4. *Ordinance No. 2864-2015 – Increasing Estimated Revenues and
Appropriations by $11,991 in the Airport Fund and by $13,000 in the Airport
Improvement Capital Project Fund for the 2016 Airfield Marking & Signage
Project and Authorizing Reappropriation of Remaining Funds from Completed
Projects to the 2016 Airfield Marking & Signage Project. ....................... Pg. 55
5. Action/Approval – Consenting to the Acceptance of Certain Rights-of-Way for
Jaynes Subdivision Big Mikes Addition. ................................................. Pg. 59
6. Discussion – Providing a Status Report on the Rock Dedication Event Being
Held to Recognize the Charter Commission of 1963. ............................. Pg. 77
7. Discussion – Options to Sell, Lease or Offer for Management Services of the
Bowling Alley.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging ................................................................................... Pg. 79
2. Airport Commission ............................................................................... Pg. 81
3. Harbor Commission ............................................................................... Pg. 85
4. Parks and Recreation Commission ........................................................ Pg. 87
a. Event Park Sub-Committee ........................................................ Pg. 89
5. Planning and Zoning Commission ......................................................... Pg. 93
6. Beautification Committee .................................................................... Pg. 105
Kenai City Council Meeting Page 3 of 3
November 4, 2015
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR ...................................................................... Pg. 107
J. ADMINISTRATION REPORTS
1. City Manager ...................................................................................... Pg. 109
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
1. Discussion of Delinquent Lease Payments for the Bowling Alley, a Matter of
which the Immediate Knowledge would Clearly have an Adverse Effect Upon
the Finances of the City [AS 44.62.310(c)(1)].
2. Discussion of the Grant Aviation Terminal Lease, a Matter of which the
Immediate Knowledge would Clearly have an Adverse Effect Upon the
Finances of the City [AS 44.62.310(c)(1)].
M. PENDING ITEMS – None
N. ADJOURNMENT
****************************************************************************************************
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.
[PAGE LEFT BLANK INTENTIONALLY]
Page 4 of 112
Page 5 of 112
Page 6 of 112
Page 7 of 112
Page 8 of 112
Page 9 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 10 of 112
Page 11 of 112
Page 12 of 112
Page 13 of 112
Page 14 of 112
MEMO:
TO: Terry Eubank
CC: Rick Koch
FROM: Mary Jo Joiner
DATE: 13 October 2015
SUBJECT: Curiosity Creates Grant
The Kenai Community Library has been awarded a grant in the amount of $3,366.00
from the Association for Library Service to Children, a division of the American Library
Association.
Curiosity Creates grants are designated for libraries to promote exploration and discovery
for children ages 6 -14. The grant supports librarians who are already implementing
innovative maker-spaces. Ryanna Thurman wrote a proposal to build on our current
sewing program, specifically the American Girl Doll sewing classes.
“All Dolled Up” is a children’s program that is designed to promote creativity and teach a
valuable skill. The general configuration of the program will consist of a once monthly 2
½ hour class split into three 45min segments where 3 groups of 6 children rotate between
a sewing station, a craft station, and a free play station. This program will also include six
American Girl Doll kits available for patrons to checkout. The Kits will consist of one
American Girl Doll, the accompanying book for the character, and a journal for the
patron to record her ongoing adventures. The library will also have two dolls for any
children who were not able to bring their doll, or does not have one, available for use
during free play.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
Page 15 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 16 of 112
KENAI CITY COUNCIL – REGULAR MEETING
OCTOBER 21, 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 October 21, 2015, in City Hall Council
Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:01p.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 (absent)
Tim Navarre Mike Boyle
A quorum was present.
Also in attendance were:
**Hannah Drury, Student Representative
Terry Eubank, Acting City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy Clerk
3. Certification of Election
MOTION:
Council Member Knackstedt MOVED to certify the election results of October 6, 2015 as
presented and Council Member Navarre SECONDED the motion; UNANIMOUS CONSENT
was requested.
VOTE: There being no objections, SO ORDERED.
4. Administer Oaths of Office
Mayor Porter administered the Oaths of Office to Council Members Molloy and Boyle.
5. Election of Vice Mayor
Page 17 of 112
MOTION:
Council Member Navarre MOVED to nominate Brian Gabriel as Vice Mayor. Council Member
Knackstedt SECONDED the motion.
MOTION:
Council Member Molloy MOVED to nominate Terry Bookey as Vice Mayor. Council Member
Boyle SECONDED the motion.
A secret ballot election took place; City Clerk S. Modigh counted the votes aloud. The results
were three votes in favor of Terry Bookey, and four votes in favor of Brian Gabriel; Brian Gabriel
was elected as Vice Mayor.
6. Agenda Approval
Mayor Porter noted the following requested revisions/additions to the agenda/packet:
Remove Item B.1
DOT Project Update (rescheduled for 11/4)
Remove Item E.1
Work Session Summary of September 14, 2015
Add to Item E. 2
Regular Meeting Minutes of October 7, 2015
MOTION:
Council Member Molloy MOVED to approve the agenda with requested revisions and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
7. Consent Agenda
MOTION:
Councilor Gabriel MOVED to approve the consent agenda, and requested UNANIMOUS
CONSENT; Council Member Bookey 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.
Page 18 of 112
B. SCHEDULED PUBLIC COMMENTS
1. Morgan Merritt, State of Alaska Department of Transportation – Project to Replace
Two Culverts in Kenai.
[Clerk’s Note: This item was removed at approval of the agenda.]
2. Charlotte Yamada, Kenai Resident – Importance of the Bowling Alley Remaining a
Recreation Facility.
Charlotte Yamada spoke in favor of the bowling center remaining a bowling alley; pointed out
that many children go through the bowling program and that bowling also provides college
scholarship. She explained that the Yamada family and Cunningham family want to rejuvenate
it; the two families have expertise to make it successful.
Administration explained that the current leaseholders have submitted lease termination
notification and the options available to the City regarding leasing and selling combinations.
C. UNSCHEDULED PUBLIC COMMENTS - None
D. PUBLIC HEARINGS
1. Ordinance No. 2858-2015 – Reapproriating State Grant Funds and Funds
Previously Transferred from the General Fund in the Senior Center Improvements,
New City Shop, and Municipal Roadway Improvements Capital Project Funds to the
City Hall Improvements Capital Project Fund.
MOTION:
Councilor Molloy MOVED to enact Ordinance No. 2858-2015; 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, Knackstedt, Molloy, Navarre, Bookey, Gabriel, Boyle
NAY:
**Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
2. Resolution No. 2015-57 – Authorizing a $24,000 Budget Transfer within the General
Fund – Buildings Department for Professional Services as a Result of a Personnel
Vacancy.
MOTION:
Page 19 of 112
Councilor Bookey MOVED to adopt Resolution No. 2015-57 and requested UNANIMOUS
CONSENT; the motion was SECONDED by Council Member Gabriel.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
It was explained that no qualified applicants applied during the first solicitations; would be
advertised again in November.
VOTE: There being no objections, SO ORDERED.
3. Resolution No. 2015-58 – Awarding an Agreement for Construction of City Hall and
Automated Flight Service Station Roofs.
MOTION:
Councilor Bookey MOVED to adopt Resolution No. 2015-58 and requested UNANIMOUS
CONSENT; 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.
It was noted that the local bid option was used for this procurement process.
VOTE: There being no objections, SO ORDERED.
4. Resolution No. 2015-59 – Setting the Time of Regular Meetings of the Council at
6:00 P.M. Alaska Standard Time.
MOTION:
Councilor Navarre MOVED to adopt Resolution No. 2015-59; 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.
Bob Peters spoke against the Council meetings starting at 6pm pointing out that people only
attend meetings when something affected them and likely wouldn’t improve participation. He
also suggested that staff would be split if asked because some would appreciate the ability to
work until 7:00 p.m. and some would enjoy going home for a break. Mr. Peters pointed out that
the average meeting length is about two hours; 9:00 p.m. not too late if students wanted to
attend.
It was noted that the sponsor did a lot of the same research; the new meeting time was during
dinner; a resolution could change the meeting time again if the 6:00 p.m. time frame wasn’t
acceptable.
VOTE:
Page 20 of 112
YEA: Porter, Knackstedt, Navarre, Gabriel
NAY: Bookey, Boyle, Molloy
**Student Representative Drury: NAY
MOTION PASSED.
5. Resolution No. 2015-60 – Authorizing a Ten Year Extension with the Option for an
Additional Ten Years By Mutual Agreement for the Lease and Concession Agreement
for the Kenai Golf Course with Griffin Golf Enterprises, LLC.
MOTION:
Councilor Molloy MOVED to adopt Resolution No. 2015-60; the motion was SECONDED by
Council Member Bookey.
Mayor Porter opened the public hearing.
Chris Kimball, a volunteer, spoke in favor of the golf course pointing out that golf can be played
for a lifetime; builds determination, honesty and character; programs offer kids the opportunity to
participate. He explained that the course had undergone improvements requiring capital
expenses and man-hours; increased the playability of the course. Mr. Kimball also noted that
tournaments brought players to Kenai.
Craig Young spoke in favor of the golf course; advising that they hosted many fundraising
tournaments for local non-profits that put money back into the community. He also explained
that a lot of work goes into the golf course each year; was in the best condition ever, this year.
Noel Widmayer spoke in favor of supporting the golf course; suggested providing aide such as a
contribution of fertilizer or seed as the course is a park area.
There being no one else wishing to be heard, the public hearing was closed.
MOTION TO AMEND :
Councilor Navarre MOVED to amend by striking the 2% increase from the lease; the motion
was SECONDED by Council Member Gabriel.
It was pointed out that the golf course is also a cross country skiing venue; is an economic
driver and there wasn’t a need to charge a 2% increase that compounded.
Administration advised that under the new purchasing code, this management contract would
need to be re-bid if postponed to next meeting; also advised that the lease could be amended at
any time upon mutual agreement.
VOTE ON MOTION TO AMEND:
YEA: Boyle, Navarre
NAY: Bookey, Molloy, Porter, Gabriel, Knackstedt
**Student Representative Drury: NAY
Page 21 of 112
MOTION FAILED .
VOTE ON MAIN MOTION:
YEA: Porter, Knackstedt, Navarre, Gabriel, Bookey, Boyle, Molloy
NAY:
**Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
6. Resolution No. 2015-61 – Approving the Purchase of a Self-Contained Breathing
Apparatus Compressor from Bauer Compressors, and Approving the Purchase of 92
Sections of 3 Inch Fire Hose From L.N. Curtis & Sons Utilizing United States General
Services Administration (GSA) Contracts.
MOTION:
Councilor Bookey MOVED to adopt Resolution No. 2015-61 and requested UNANIMOUS
CONSENT; 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: There being no objections, SO ORDERED.
7. Resolution No. 2015-62 – Approving the Purchase of Forestry Firefighting Equipment
from L.N. Curtis & Sons.
MOTION:
Councilor Molloy MOVED to adopt Resolution No. 2015-62; the motion was SECONDED by
Council Member Bookey who requested UNANIMOUS CONSENT.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
Appreciation was conveyed for funding coming through grants.
VOTE: There being no objections, SO ORDERED.
8. Resolution No. 2015-63 – Authorizing the City Manager to Provide Funding in the
Amount of $333,000 to the Department of the Army, Corps of Engineers to Complete a
Feasibility Study for the Kenai River Bluff Erosion Project.
MOTION:
Councilor Knackstedt MOVED to adopt Resolution No. 2015-63; the motion was SECONDED
by Council Member Gabriel who requested UNANIMOUS CONSENT.
Page 22 of 112
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
1.*Work Session Summary of September 14, 2015
[Clerk’s Note: This item was removed at approval of the agenda.]
2.*Regular Meeting Minutes of October 7, 2015
Minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000.
Approved by the consent agenda.
3. *Ordinance No. 2859-2015 – Increasing Estimated Revenues and Appropriations by
$20,000 in the Senior Center Fund for Remodel of the Facilities Restrooms.
Introduced on the consent agenda and public hearing set on November 4, 2015.
4. *Ordinance No. 2860-2015 – Increasing Estimated Revenues and Appropriations by
$1,878,800 in the Water and Sewer Capital Project Construction of a New Water
Reservoir and Related Piping/Equipment.
Introduced on the consent agenda and public hearing set on November 4, 2015.
5. *Ordinance No. 2861-2015 – Accepting and Appropriating a Donation from the
Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving
Dinner.
Introduced on the consent agenda and public hearing set on November 4, 2015.
6. *Ordinance No. 2862-2015 – Accepting and Appropriating a Grant from the
Association for Library Service to Children for a Curiosity Creates Grant.
Introduced on the consent agenda and public hearing set on November 4, 2015.
7. Action/Approval – Approving a Special Use Permit to Everts Air Fuel, Inc. for the
Purpose of Aircraft Parking at the Gravel Strip at the Kenai Municipal Airport.
Page 23 of 112
MOTION:
Councilor Knackstedt MOVED to approve a Special Use Permit to Everts Air Fuel, Inc. for the
Purpose of Aircraft Parking at the Gravel Strip at the Kenai Municipal Airport. The motion was
SECONDED by Council Member Bookey who requested UNANIMOUS CONSENT .
VOTE: There being no objections, SO ORDERED.
3. Action/Approval – Approving a Special Use Permit to Everts Air Fuel, Inc. for the
Purpose of Equipment Parking and Container Storage at the Kenai Municipal Airport.
MOTION:
Councilor Knackstedt MOVED to approve a Special Use Permit to Everts Air Fuel, Inc. for the
Purpose of Equipment Parking and Container Storage at the Kenai Municipal Airport. The
motion was SECONDED by Council Member Bookey who requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
9. Action/Approval – Approving a Special Use Permit to Hilcorp Alaska, LLC for the
Purpose of Parking for 37 Non-Commercial Passenger Vehicles Kenai Municipal
Airport.
MOTION:
Councilor Gabriel MOVED to approve a Special Use Permit to Hilcorp Alaska, LLC for the
Purpose of Parking for 37 Non-Commercial Passenger Vehicles at the Kenai Municipal Airport;
the motion was SECONDED by Council Member Bookey who requested UNANIMOUS
CONSENT.
VOTE: There being no objections, SO ORDERED.
4. Discussion – Review of Appraisal for ARK Properties. [Clerk’s Note: Council May
Enter into Executive Session to Further Discuss this Matter pursuant to
AS44.62.310(c)(1).]
It was explained that the difference in appraisal in the packet versus the appraisal previously
provided was because the appraiser had trouble finding comparable properties on the Multiple
Listing Service (MLS); Administration contacted two local realtors who provided comparable
sales that were not available on MLS. Appraiser subsequently revised appraisal. It was further
explained that this would be before Council many more times and action was not necessary at
this time.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – It was reported that a representative from the Aging and
Disability Resource Centers provided a presentation on independent living; a backup
generator and potential grant funding were discussed. It was also reported that the
Page 24 of 112
Senior Center wanted to speak to the IT manager regarding acquisition of a smart
board.
2. Airport Commission – next meeting on November 12.
3. Harbor Commission – It was reported Capital Improvement Projects were
considered; priorities for 2016 included a ramp extension design and mooring buoy
permitting; priority for 2017 included construction of the launch ramp extension;
priority for 2018 included construction of float replacements.
4. Parks and Recreation Commission – It was reported that there was recommendation
for another sign at Municipal Park that faces the street; suggestion for additional
benches be placed at Municipal Park; suggestion for a small walking trail in Munson
Subdivision.
a. Event Park Sub-Committee – It was reported that at their September 22 meeting
locations and criteria for features were considered; recommended keeping the
area in the core of the City. It was also reported that at their October 13 meeting,
recommended Millennium Square and considered layouts; will be looking at
conceptual designs at their next meeting.
5. Planning and Zoning Commission – It was reported that after a site visit and
additional testimony, a Conditional Use Permit for an emotional support horse for
disabled adult was denied; discussed meetings for remainder of year.
6. Beautification Committee – It was reported CIP 17-19, moving forward looking at 17
lawnmowers, wood chipper and/or hydro-seeder. 18 Fountain design work and
chamber green space. Appreciation for Council’s support. Considered a pumpkin
patch. Decorative lights for wildflower field or park strip. Working with chamber
pumpkins/bales of hay. Thinking out for year round
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Porter reported on the following:
• Scheduled the dedication honoring the Charter Commission of 1963 for
November 22 at 2:00 p.m. at the library.
• Requested cancellation of the November 18 meeting due to Alaska Municipal
League conferences.
MOTION:
Councilor Navarre MOVED to cancel the November 18 meeting; the motion was SECONDED
by Council Member Knackstedt.
Councilor Molloy called for Point of Order disagreeing that it was acceptable to move this topic
that was not on the published agenda.
The Mayor ruled in favor, that the topic was administrative in nature.
Page 25 of 112
MOTION:
Councilor Molloy MOVED to appeal the decision of the chair; the motion was seconded by
Council Member Bookey.
VOTE ON APPEAL :
YEA: Navarre, Porter, Gabriel, Knackstedt
NAY: Bookey, Molloy, Boyle
**Student Representative Drury: YEA
MOTION PASSED.
MOTION:
Councilor Gabriel MOVED to postpone cancellation of the November 18 meeting to the meeting
of November 4; the motion was seconded by Council Member Bookey who requested
UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
J. ADMINISTRATION REPORTS
1. Acting City Manager reported on the following:
• City Manager R. Koch had no report
• Accountant Robin Adams retiring; replacement Susan Best had been training.
It was pointed out that there was decreased usage at the floatplane basin.
2. City Attorney – reported that the Marijuana Control Board had issued the full set of
draft regulations; offered a work session. Also suggested scheduling a meeting for
the Board of Adjustment.
3. City Clerk – reported that committee and commission member terms were expiring
on December 31; soliciting for applications.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
None.
2. Council Comments
Council Member Bookey welcomed Boyle back to Council and congratulated Molloy on his
successful re-election.
Council Member Molloy thanked the voters; congratulated Boyle; and thanked those that
commented during the meeting.
Page 26 of 112
Student Representative Drury reported that landscaping in front of the high school was done by
high school student Brett Brown; high school leadership continuing work on the banquet
benefiting homeless youth, looking for auction items and donations.
Councilor Knackstedt expressed appreciation for the parks and trail guide.
Vice Chair Gabriel thanked those that participated in the meeting; congratulated Council
Members Molloy and Boyle on successful election; thanked former Council Member Marquis for
his service; thanked Mr. Glendening for running for Council; thanked the body for electing him
Vice Mayor. He also noted that City Manager R. Koch attended the Board of Fisheries meeting
to lobby for reconsideration of moving their 2017 meeting to Kenai; decision would be made
October 22.
Council Member Navarre also congratulated Councilors Molloy and Boyle on successful
election; thanked former Councilor Marquis for serving; thanked Mr. Glendening for running, and
also thanked the voters.
Councilor Boyle thanked former Councilor Marquis for his service; also thanked Mr. Peters for
attending the meeting.
L. EXECUTIVE SESSION – Discussion and Negotiation of the City Attorney’s Employment
Agreement, A Matter of which the Immediate Knowledge would Clearly have an Adverse effect
Upon the Finances of the City and a Subject that Tends to Prejudice the Reputation and
Character of the City Attorney [AS 44.62.310(c)(1)(2)].
MOTION:
Councilor Gabriel MOVED to enter into executive session for Discussion and Negotiation of the
City Attorney’s Employment Agreement, A Matter of which the Immediate Knowledge would
Clearly have an Adverse effect Upon the Finances of the City and a Subject that Tends to
Prejudice the Reputation and Character of the City Attorney [AS 44.62.310(c)(1)(2), ; the motion
was SECONDED by Council Member Molloy.
The City Attorney and Acting City Manager were invited to the Executive Session.
VOTE:
YEA: Porter, Knackstedt, Molloy, Navarre, Bookey, Gabriel, Boyle
NAY:
**Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
The City Council reconvened in open session.
It was stated that Council met in executive session to discuss the attorney’s contract and that it
was agreed to extend the contract to 4/30/18; contract extension to be executed by the Mayor.
M. PENDING ITEMS
Page 27 of 112
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 9:39 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of October 21,
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 28 of 112
KENAI CITY COUNCIL WORK SESSION
2015 DIP NET REPORT
OCTOBER 27, 2015 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
VICE MAYOR GABRIEL, PRESIDING
NOTES
Council present: R. Molloy, M. Boyle, B. Gabriel, H. Knackstedt
Others present: City Manager R. Koch, City Attorney S. Bloom, City Clerk S. Modigh,
Finance Director T. Eubank, Police Chief G. Sandahl, IT Manager D.
Castimore, P&R Director B. Frates, and Public Works Director S.
Wedemeyer
Vice Mayor Gabriel began the work session at approximately 6:00 p.m.
City Manager Koch provided an overview of the 2015 Dip Net Report noting that the only
operational change implemented for 2015 was moving fee shacks to eliminate issues from last
year; the changes were successful. Koch noted that no wake zones were implemented in 2014
and has continued to work extremely well.
Koch advised that the entrance to the south shore via Old Cannery Road was again closed
through a temporary section-line access closure permit issued to the City by the Alaska
Department of Natural Resources. It was reported that it was the intent of Administration to
eliminate all access at Old Cannery and Dunes Road for the 2016 season through construction
of a new access road to the south shore.
A recap on the purchase of properties and construction of a new access road was provided
advising the Legislature appropriated $1.9 million in 2013 for the project. It’s Administrations
intent to construct Phase 1 (gravel surfacing) of the new roadway in the late 2015/early 2016 to
minimize environmental impacts and so that the roadway is operational for the 2016 Personal
Use Fishery. Phase II which includes paved surfaces for the new road, Royal Street, Old
Cannery Road, and other improvements, will occur following sale of the surplus properties.
Administration advised that Council’s adopted budget for the Fishery was for revenues in the
amount of $573,517, and expenditures of $485,977, or revenues over expenditures of $86,540.
Revenues were projected at $556,593, and projected expenses were $462,913, or revenues
over expenditures of $$93,680. The Fishery Fund began FY2016 with a fund balance of
$67,622 and given the aforementioned numbers, the end fund balance of FY2016 was projected
to be $161,342.
Administration recommends continuing to build the fund balance in the Personal Use Fishery
fund to support capital expenditures, and to protect the City’s General Fund. This year the City’s
expended $65,010 for capital improvements and there have already been a list of requests from
departments for next year.
Koch noted that Administration will be recommending the City institute a $10 daily drop-off/pick-
up fee from 12:00a.m. – 11:59 p.m. which would have the potential of generating $30,000 to
$40,000 in revenue. These revenues would go toward raking fish waste, renting and serving
portable and permanent toilets, solid waste pick-up and disposal, and public safety which were
all services used by those dropped off daily to use the Fishery.
Page 29 of 112
It was reported that the fee shacks were able to capture the following information:
• Data showed participants with 538 different mailing zip codes
• 11% of the participants had a 99611 zip code
• Participants from the Central Peninsula were 20%
• Entire Kenai Peninsula Borough totaled 25%
• Largest user group was from the Municipality of Anchorage with 54%
77% of all fee transactions were for participants who were not residents of the City of Kenai. It’s
estimated that $30,800 of the $40,000 in new fees would be paid by non-city residents. In 2015
City of Kenai residents paid approximately $32,000 of fees collected during the fishery; 6% of
total fees collected.
Finance Director Eubank advised that there were small changes to fees including the
elimination of season passes at the dock during the fishery and changes to times related
parking and overnight permits.
Mr. Preston thanked the City for posting speed limits on the river and no wake zones during the
fishery.
It was requested by a resident to reinstate the season pass as it’s a financial burden for him to
pay daily launch fees during the fishery.
Council Member Boyle noted that he would like to see the season pass reinstate and would like
to see Council revisit this matter. Boyle further noted that he was opposed to implementing fees
for drop-off.
Gabriel noted that for every positive action there’s an unforeseen negative effect; Gabriel noted
that Council has in the past discussed providing City residents a reduced fee, however it was
discovered that there were legal ramifications.
Council Member Molloy agreed that Council should discuss the season pass matter and that he
wasn’t in favor or opposition of the drop-off fee, but maybe the cost of $10 could be reduced.
Molloy further noted that the City should look at discounts on fees for City residents.
Knackstedt agreed that the amount of the drop-off fee could be considered and that he would
like to further research the season pass matter to see if it would be the in the best interest of the
City to be reinstated.
Council thanked Administration for their continued efforts in creating a better Fishery.
The work session was adjourned at 7:15 p.m.
Notes prepared by:
_______________________________
Sandra Modigh, CMC
City Clerk
Page 30 of 112
Page 31 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 32 of 112
Page 33 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 34 of 112
Page 35 of 112
Page 36 of 112
Page 37 of 112
Page 38 of 112
Page 39 of 112
Page 40 of 112
Page 41 of 112
Page 42 of 112
Page 43 of 112
Page 44 of 112
Page 45 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 46 of 112
Pa
g
e
4
7
o
f
1
1
2
Pa
g
e
4
8
o
f
1
1
2
Pa
g
e
4
9
o
f
1
1
2
Pa
g
e
5
0
o
f
1
1
2
Pa
g
e
5
1
o
f
1
1
2
Pa
g
e
5
2
o
f
1
1
2
Pa
g
e
5
3
o
f
1
1
2
Pa
g
e
5
4
o
f
1
1
2
Page 55 of 112
Page 56 of 112
Page 57 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 58 of 112
Page 59 of 112
Page 60 of 112
Pa
g
e
6
1
o
f
1
1
2
[PAGE LEFT BLANK INTENTIONALLY]
Pa
g
e
6
2
o
f
1
1
2
Page 63 of 112
Page 64 of 112
Page 65 of 112
Page 66 of 112
Page 67 of 112
Page 68 of 112
Page 69 of 112
Page 70 of 112
Page 71 of 112
Page 72 of 112
Page 73 of 112
Page 74 of 112
Page 75 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 76 of 112
Page 77 of 112
Page 78 of 112
COUNCIL ON AGING MEETING
OCTOBER 08, 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: Chair V. Geller, Vice Chair M. Milewski, M. Necessary, V.
Hallmark, J. Hollier, A. Weeks, L. Nelson
Members Absent: F. Walters, B. Osborn
Staff/Council Liaison Present: R. Craig, Council Liaison Molloy
A quorum was present.
2. AGENDA APPROVAL
Councilor Necessary MOVED to approve the agenda; Councilor Milewski SECONDED the
motion. There being no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – September 10, 2015
Councilor Hallmark MOVED to approve the September 10, 2015 meeting summary; Council
Member Walters SECONDED the motion. There being no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – Laurie, Aging and Disability Resource
Center.
Laurie from the Aging and Disability Resource Center provided an overview of the services they
offer, including long term counseling, unbiased independent pre-screening for personal care
attendants and care coordinators based on needs, and assessments for choice waivers. She
explained that they are available Monday through Friday from 9:00 a.m. to 3:00 p.m. and that
their wish list included more grant funding for seniors.
5. UNFINISHED BUSINESS
a. Capital Improvement Projects – Generator for Senior Center
There was discussion regarding the importance of having a generator to serve the Senior
Center and Vintage Pointe. There was further discussion regarding funding options for a
generator.
6. NEW BUSINESS – None.
7. REPORTS
a. Senior Center Director – Craig reported on the following:
• Work on restrooms has progressed
Page 79 of 112
• Coffee Bar was finished and looked good
• Solarium was on the Capital Improvement List
b. Council on Aging Chair – Geller noted that the Mystery Dinner Theater was to
be held on October 16 and 17 and daily practice was taking place.
c. City Council Liaison – Council Liaison Molloy reported on:
• Election outcomes
• Upcoming work sessions; dip net and marijuana
8. NEXT MEETING ATTENDANCE NOTIFICATION – November 12, 2015
9. QUESTIONS & COMMENTS
Councilor Weeks noted that he would like to see the senior center purchase a Smart Board and
also hold a tech fair.
10. PERSONS NOT SCHEDULED TO BE HEARD – None
11. INFORMATION – None
12. ADJOURNMENT
Councilor Nelson MOVED to adjourn and Councilor Milewski SECONDED the motion. There
were no objections; SO ORDERED.
There being no further business before the Council, the meeting was adjourned at 6:00p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy Clerk
Page 80 of 112
KENAI AIRPORT COMMISSION
OCTOBER 8, 2015 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
VICE CHAIR JAMES ZIRUL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER AND ROLL CALL
Vice Chair Zirul called the meeting to order at 7:04 p.m. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
J. Zirul, J. Bielefeld, K. Dodge, L. Porter C. Henry
P. Minelga, G. Feeken,
Staff/Council Liaison Present: Airport Manager M. Bondurant, Airport Assistant E. Shinn,
Council Liaison Tim Navarre
A quorum was present.
a. Pledge of Allegiance
Commissioner Zirul led those assembled in the Pledge of Allegiance.
2. AGENDA APPROVAL
MOTION:
Commissioner Bielefeld MOVED to approve the agenda and Commissioner Porter SECONDED
the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. September 10, 2015
MOTION:
Commissioner Bielefeld MOVED to approve the meeting summary of September 10, 2015;
Commissioner Porter SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Alaska Department of Environmental Conservation – Multi-Section General Permit
Storm Water Regulation in Alaska
William Ashton and Jim Rypkema with the Alaska Department of Environmental Conservation
provided a presentation on a new multi-section general permit issued in April 2015, discussing
compliance with the multi-section permit under the storm water pollution prevention plan.
5. UNFINISHED BUSINESS
Page 81 of 112
a. FY2016 Goals and Objectives
The Commission reviewed the updated FY16 goals and objectives provided in the packet.
MOTION:
Commissioner Dodge MOVED to approve the FY2016 goals and objectives as presented and
Commissioner Porter SECONDED the motion. There were no objections; SO ORDERED.
6. NEW BUSINESS
a. Special Use Permit to Everts Air Fuel (Equipment & Container Storage)
[Clerk’s Note: Both Special Use Permits for Everts Air Fuel (items 6.a and 6.b) were discussed
and voted on during this item of business.]
It was explained that Everts purchased two DC-6 aircraft along with equipment and container
storage from Race Coast Aviation; Everts plans to remove everything acquired from the Kenai
Airport by the end of October.
MOTION:
Commissioner Henry MOVED to approve the Special Use Permits to Everts Air Fuel and
Commissioner Porter SECONDED the motion. There were no objections; SO ORDERED.
b. Special Use Permit to Everts Air Fuel (Aircraft Parking)
[Clerk’s Note: This item was discussed and voted on during item 6.a of the agenda.]
7. REPORTS
a. Airport Manager – Bondurant reported on the following:
• Status of the Master Plan
• Attending the W estern Region Airport Property Managers Conference October
17 to October 24
• Interviewed for temporary equipment operator position
• Participated in Occupation Safety and Health Administration inspections the
first week of October; anticipating inclusion into the Safety and Health
Achievement Recognition Program (SHARP)
• Transportation Safety Administration reviewing Security Plan on October 28
• Snow removal meeting was held October 8.
b. City Council Liaison – reported on the actions at the October 7 Council meeting.
8. NEXT MEETING ATTENDANCE NOTIFICATION – November 12, 2015.
Commissioner Zirul noted he would be absent.
9. COMMISSIONER COMMENTS AND QUESTIONS
Page 82 of 112
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:10 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 83 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 84 of 112
KENAI HARBOR COMMISSION MEETING
OCTOBER 12, 2015 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
ACTING VICTORIA ASKIN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Acting Chair Askin called the meeting to order at 7:20 p.m. Roll was confirmed as follows:
Commissioners present: Vice Chair G. Greenberg, B. Peters, W. Nelson, V. Askin,
S. Thornton
Commissioners Absent: P. Morin
Staff/Council Liaison present: Public Works Director S. Wedemeyer, Council Liaison Vice
Mayor Gabriel
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Peters MOVED to approve the agenda; Commissioner Thornton SECONDED
the motion. There were no objections; SO ORDERED.
4. APPROVAL OF MEETING SUMMARY – September 21, 2015
MOTION:
Commissioner Nelson MOVED to approve the meeting summary of September 21, 2015 and
Commissioner Thornton SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS NOT SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Dock and Harbor Capital Improvement Program Priorities for FY2016, FY2017
and FY2018.
It was decided that the priorities for 2016 would be as follows:
1) Mooring Buoy Permitting Study
2) Launch Ramp Extension Design
It was also decided that the priority for 2017 would be construction of the launch ramp
extension; the priority for 2018 would be float replacement.
Page 85 of 112
It was decided that a drift boat pullout, paving of Kenai Avenue, fire suppression to the dock,
and boat launch paving would be items for the wish list.
7. REPORTS
a. Public Works Director – no report.
b. Commission Chair – Commissioner Greenberg apologized for being late.
c. City Council Liaison – Vice Mayor Gabriel reported that Council had heard
about drainage issues in Inlet Woods; adopted the procurement code ordinance;
was moving forward with purchasing property to build dipnet access on S. Beach;
and awarded an agreement for recreation center improvements. He also
reported that the 2015 dipnet report was almost done.
8. NEXT MEETING ATTENDANCE NOTIFICATION – November 9, 2015
Commissioner Askin noted that she would be absent.
9. COMMISSIONER COMMENTS/QUESTIONS – None.
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION – None.
12. ADJOURNMENT
MOTION:
Commissioner Peters MOVED to adjourn and Commissioner Askin SECONDED the motion.
There were no objections; SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 8:46p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
Page 86 of 112
KENAI PARKS & RECREATION COMMISSION
OCTOBER 8, 2015
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CHARIMAN AL HULL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Hull called the meeting to order at 7:05 p.m. Roll was confirmed as follows:
Commissioners present: A. Hull, C. Stephens, E. Castillo, M. Lindeman, N. Widmayer,
Commissioners absent: H. Spann, R. Tunseth,
Staff/Council Liaison present: Parks & Rec Staff Member R. Dodge, Council Liaison Mayor Porter
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Widmayer MOVED to approve the agenda; Commissioner Castillo SECONDED
the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – September 3, 2015
MOTION:
Commissioner Widmayer MOVED to approve the meeting summary of September 3, 2015 and
Commissioner Stephens SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None
5. PERSONS PRESENT NOT SCHEDULED – None
6. UNFINISHED BUSINESS
a. Beaver Creek Park Playground
There was discussion regarding what constituted a renovation, ADA compliance, and that a
smaller foot print was not desirable.
MOTION:
Commissioner Stephens MOVED to postpone discussion to the next meeting; Commissioner
Widmayer SECONDED the motion. There were no objections; SO ORDERED.
b. Municipal Park Greenspace
Page 87 of 112
Green space being a positive addition to the park and ensuring some trees remained were topics
discussed.
MOTION:
Commissioner Castillo MOVED to proceed with turf area; Commissioner Lindeman SECONDED
the motion. There were no objections; SO ORDERED.
7. NEW BUSINESS
a. Parks and Trail Guide
The Parks and Trail Guide that had been prepared and provided was appreciated.
8. REPORTS
a. Parks and Recreation Director – Frates noted he would add green space in
Mommsen Subdivision to the next agenda.
b. Commission Chair – Commissioner Hull noted he appreciated the turn out at
the Municipal Park celebration.
c. City Council Liaison- Mayor Porter noted that a sign would be useful on the
back side of the sign that is already at Municipal Park. She reported that an
ordinance allowing chickens had failed and the process of donating land off of
Evergreen Street was moving forward.
9. NEXT MEETING ATTENDANCE NOTIFICATION – November 5, 2015
Commissioner Stephens noted he would be absent.
10. COMMISSION QUESTIONS & COMMENTS
It was noted that benches around trees at Municipal Park would be nice. It was also noted that
people appreciated the animals at Municipal Park.
11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None.
12. INFORMATION – None.
13. ADJOURNMENT
MOTION:
Commissioner Stephens MOVED to adjourn and Commissioner Widmayer SECONDED the
motion. There were no objections; SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 7:57 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 88 of 112
EVENT PARK SUB-COMMITTEE MEETING
OCTOBER 13, 2015
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CHARIMAN BRIAN GABRIEL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER &
Chair Gabriel called the meeting to order at 7:10 p.m.
2. ROLL CALL
Roll was confirmed as follows:
Committee Members present: B. Gabriel, B. Shiflea, A. Hull, M. Smith, C. Parker,
Committee Members absent: P. Morin, S. Merry, T. Elder
Staff/Council Liaison present: Parks & Rec Director B. Frates, City Manager R. Koch
A quorum was present.
3. RECONSIDERATION OF NAME OF SUB-COMMITTEE
It was explained that at the September 22 meeting, there was discussion regarding changing
the name of the sub-committee.
It was recommended that the sub-committee be named “Kenai Outdoor Opportunity Location”
Committee; acronym KOOL Committee.
MOTION:
Committee Member Hull MOVED to name the sub-committee “Kenai Outdoor Opportunity
Location,” and Commissioner Smith SECONDED the motion.
VOTE:
YEA: Hull, Smith, Shiflea, Parker
NAY:
MOTION PASSED UNANIMOUSLY.
4. SITE SELECTION
a. Selection of Preferred Site
A recap of the site selection process was provided. It was pointed out that the two areas
identified for consideration were Millennium Square and Evergreen at Kenai Spur Highway.
There was discussion regarding the identified properties to include proximity to the river,
Page 89 of 112
proximity to downtown, property that is unique in its own right, accessibility and walkability.
There was further discussion regarding properties in “Old Town.” It was pointed out that there
were many limiting factors in “Old Town,” including much of the property is privately owned.
MOTION:
Committee Member Hull MOVED to approve Millennium Square as the preferred location and
Commissioner Smith SECONDED the motion.
VOTE:
YEA: Hull, Smith, Shiflea, Parker
NAY:
MOTION PASSED UNANIMOUSLY.
5. SITE PLANNING/LAYOUT EXERCISE
Administration facilitated a lay-out exercise that involved members manipulating paper cut-outs
over a large areal map. Members divided into two groups and worked on their own design.
The two layouts were discussed and reviewed; it was noted that the two designs were similar
and shared common attributes such as stage position at south end, spectator area to the north
of the stage, event area north of the spectator area, spectator and event areas flanked by space
for vendors, and parking lot area located near Bridge Access Road.
Committee Member Parker volunteered to draft an artist rendering based on the ideas
generated.
6. IDENTIFY ADMINISTRATION SUPPORT NEEDS
No needs were identified beyond what was already being provided.
7. DISCUSS PURPOSE OF NEXT MEETING
It was decided that a review of rough costs and design features and continued review of layout
and various components would be discussed at the next meeting.
8. SCHEDULE FOR NEXT AND SUBSEQUENT MEETINGS
It was decided that the next meeting would be held on November 10, 2015 at 6:00 p.m..
9. PUBLIC COMMENT – None.
10. MEMBER COMMENTS
Committee Member Hull noted that the minutes from the September 22 meeting were not
approved.
MOTION:
Committee Member Shiflea MOVED to approve the meeting summary of September 22; the
Page 90 of 112
motion was SECONDED by Committee Member Smith. There was no objection; SO
ORDERED.
11. ADJOURNMENT
MOTION:
Committee Member Shiflea MOVED to adjourn; the motion was SECONDED by Committee
Member Smith. There was no objection; SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 8:20 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 91 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 92 of 112
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
OCTOBER 14, 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,
J. Focose
Staff/Council Liaison present: City Planner M. Kelley, City Attorney S. Bloom, Planning Assistant
W. Anderson, Deputy City Clerk J. Heinz, Council Liaison H.
Knackstedt
A quorum was present.
c. *Excused Absences
d. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda with requested revisions; Commissioner
Fikes SECONDED the motion. There were no objections; SO ORDERED.
It was noted that the following were requested revisions/additions to the agenda/packet:
Add to Item 6. a
Resolution No. PZ15-28
• Additional Correspondence
• Prescription
• Additional Correspondence
e. Consent Agenda
MOTION:
Commissioner Peterson MOVED to remove the minutes from the consent agenda and
Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED.
DR
A
F
T
Page 93 of 112
There were no objections to approval of the remaining items on the consent agenda.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be removed
from the Consent Agenda and considered in its normal sequence on the agenda as part of
the General Orders.
2. *APPROVAL OF MINUTES: September 23, 2015
[Clerk’s Note: This item was removed at approval of the consent agenda]
It was explained that Commissioner Springer had voted against postponing the Resolution to the
next meeting and that the motion did not pass unanimously.
MOTION:
Commissioner Springer MOVED to approve the minutes of September 23, 2015 and
Commissioner Fikes SECONDED the motion.
MOTION TO AMEND :
Commissioner Springer MOVED to amend the minutes to reflect that he had voted no on
postponement of Resolution PZ15-26 and the motion did not pass unanimously and
Commissioner Peterson SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening
NAY:
VOTE ON MAIN MOTION:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening
NAY:
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ15-26 – An application for a Conditional Use Permit for an Emotional Support Animal
(Horse) for a disabled adult on a parcel less than 40,000 square feet with City of Kenai,
City Limits for the property described as Lot 1, Block 1, MCCann Subdivision, 1107 Fourth
Avenue. The application was submitted by Julie Kim Garretson.
[Clerk’s Note: At their September 23, 2015 meeting, Resolution PZ15-26 was postponed to
DR
A
F
T
Page 94 of 112
October 14, 2015 by the Planning & Zoning Commission for the purposes of conducting an
additional public hearing and site visit. A motion to approve is on the floor.]
During the staff report, City Planner M. Kelley noted the additional information provided as
laydowns; also reviewed the changes to the conditions in the substitute resolution.
Chairman Twait opened the public hearing.
Greg Hampton spoke in favor of ordinances protecting property owners; opposed to the
Conditional Use Permit for the horse because he wanted to sell his property and protect his
interests. He advised that he didn’t smell odors from the property and didn’t think shade fencing
would help visual aspects.
Julie Garrettson spoke about all of the work she had done to the property to accommodate the
horse; planned to continue with improvements. She explained her daughter had connected with
the horse and wanted the Conditional Use Permit approved until he died; 35 year old horse.
When asked if there was another property the horse could be moved to, Ms. Garrettson advised
that the horse could be moved down the street where her husband owned 1.25 acres (1314 4th
Avenue) but there was no water at the property and she couldn’t rely on neighbors to care for the
horse. She explained plans to clear the lot to build a residence and barn and to move to the
property in the future.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND :
Commissioner Peterson MOVED to amend PZ15-26 by substitution; Commissioner Pettey
SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
During discussion, City Attorney S. Bloom advised that per the Fair Housing Act (FHA), if a
reasonable accommodation could be made, it was required for animals recognized under the
Americans with Disabilities Act (ADA) as service animals and emotional support animals under
the FHA. Bloom explained that a full size horse is not considered a service animal, but could be
considered an emotional support animal and that accommodations were to be made if they could
be without fundamentally altering the purpose of the zoning laws with regard to livestock.
There was discussion regarding the FHA certification requiring that the emotional support animal
live in the house. It was explained that the animal being on the property may allow the disabled
individual to enjoy the home.
It was pointed out that Dr. Carlson, who provided the prescription for the therapeutic horse, though
not a specialist in mental health, expressed an interest in autism, was unaware of the size of lot
DR
A
F
T
Page 95 of 112
where the horse lived, and said that it was important for the patient to have access to the horse.
There was discussion regarding how many hours per day the patient needed access to the horse
and whether the disabled individual could benefit from time with the horse offsite; there wasn’t an
answer to this question.
Animal Control explained that after researching Department of Environmental Conservation
workshops and the National Equine Registry, this environment situation and with this particular
horse, the horse can be properly cared for as long as the property owner followed the conditions
of the Conditional Use Permit. It was also explained that Animal Control staff would be through
the neighborhood several times per month and would be cognizant of what was happening on the
property.
Discussion took place regarding proper hoof care; it was explained that some hoof care would be
required daily, but that as long as there was a baseline, more in depth hoof care could be
performed every six to twelve weeks.
There was discussion regarding urine and feces; it was explained that the urine would drain into
the soil, and that if the property owner maintained adequate manure removal, flies and odor could
be kept to a minimum. It was also explained that it would be important to keep the sand at least
one foot deep.
A history of complaints from the community regarding a horse on the property was provided. It
was explained that on October 16, 2014 former Animal Control Chief Cora Chambers denied an
application for a livestock permit under Kenai Municipal Code (KMC) Title 3 pursuant to KMC
3.10.070 D. 2., because the horse was not kept for 4-H or FFA.
There was discussion regarding condition #7 of the Conditional Use Permit and how water runoff
containing horse feces, urine or other waste would be prevented. City Planner M. Kelley advised
that storm water containment solutions could be utilized if it was determined that runoff was
happening. Kelley advised that straw logs, silt fencing, rock, riprap, and grass were all solutions
for preventing storm water runoff. He also advised that enforcement would be complaint driven.
Discussion took place regarding the vacant property at 1314 4th Avenue, also owned by the
applicant; it was explained that the horse could be kept there as a use by right if there was a
properly permitted residence built on the property. It was further explained that a Conditional Use
Permit could be applied for to keep the horse on the property without a residence.
There was discussion regarding where livestock was allowed within the city limits; it was explained
that livestock was allowed on any lot that was 40,000 square feet or greater except that a
Conditional Use Permit was required for livestock on a lot 40,000 feet or greater in the urban
residential, suburban residential 1, suburban residential 2, and townsite historic district zones. A
Conditional Use Permit was also required for livestock in any other zone, on a lot smaller than
40,000 square feet.
MOTION TO AMEND :
Commissioner Glendening MOVED to amend PZ15-26 by adding “within 6 months” to condition
9; Commissioner Focose SECONDED the motion.
DR
A
F
T
Page 96 of 112
VOTE ON THE AMENDMENT:
YEA: Pettey, Springer, Twait, Peterson, Focose, Glendening
NAY: Fikes
MOTION PASSED.
It was asked whether a Conditional Use Permit could be temporary; administration advised that
there was no provision for a temporary Conditional Use Permit, but that if the Conditional Use
Permit was approved and the property owner violated a condition and couldn’t remedy the
violation in a timeframe given them, a revocation hearing could take place.
Discussion took place regarding the fact that the horse and all associated appurtenances are
already in place; City Planner M. Kelley explained that violations are remedied by obtaining the
appropriate permits.
Commissioner Twait explained that with the information provided by Animal Control, Dr. Carlson
expressing that there was value to have the horse with applicant, along with the letter from vet,
he would be voting in favor. He also explained that he thought there were things the applicant
could continue to do better to improve property values.
Commissioner Pettey said that after the site visit she would be voting no. She explained that she
had wanted clarification on a reasonable accommodation to make the exception she further
explained that because the parcel is 10,000 square feet, and livestock is allowed on a lot that is
40,000 square feet, she calculated the subject property as 74.925% deficient and thought that
accommodation was unreasonable. She further explained that she disagrees with the Animal
Control Officer and City Planner regarding the neighboring properties being unaffected and was
taking into consideration neighbors and other community members being adversely affected.
Pettey also cited the possibility for adverse odors, aesthetics and diminished property values as
additional reasons for objection. Additionally, she cited past performance of the applicant not
obtaining proper permitting prior to moving the horse to her property and felt the Conditional Use
Permit would not be respected.
Commissioner Peterson explained that having heard from Animal Control, seen the site, and
listened to the applicant, in addition to consideration of staff recommendations, he was impressed
with the condition of the site and looking at the situation as a good neighbor he would be voting
in favor.
Commissioner Springer advised that he was not in favor because of the size of the lot. He
explained that code specifically allows livestock on a 40,000 square foot lot and fears approval
would be setting a precedence. He further explained that if the lot were 1/2 acre lot he would
agree to it and had taken into consideration neighbors concerns of selling if a buyer didn’t know
what was going on across the street.
Commissioner Glendening advised that he was not in favor because he was not convinced FHA
was applicable. He explained that he sees the demonstrated disability, but as it applies to an
emotional support animal as opposed to a service animal, he didn’t have a firm understanding of
the emotional support animal living in dwelling with them which was not the case. He further
explained that neighboring properties would be significantly impaired evidenced by
DR
A
F
T
Page 97 of 112
communication received, and the quality of the neighborhood would be impacted.
Commissioner Focose said he would be voting no; explained that there was a duty to protect city
tax payers and approval would bring down the values of homes.
Commissioner Fikes explained that she understood the disability, appreciated Dr. Carlson’s input,
although vague, and understood the need for an emotional support animal, but wasn’t clear on
the basis. She pointed out that livestock on small parcel, with all trees removed, along with other
issues mentioned was not appealing for a neighborhood and didn’t see it corresponding with the
Comprehensive Plan. Commissioner Fikes further explained that she was not convinced water
runoff was adequately addressed and the size of the space for the horse gave her cause for
concern and for all the reasons mentioned would be voting no.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Twait, Peterson
NAY: Pettey, Fikes, Springer, Focose, Glendening
MOTION FAILED .
City Planner M. Kelley advised the applicant of the fifteen day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Consider rescheduling the November 11, November 25, and December 23 Planning and
Zoning Commission meetings.
During discussion, it was decided that the meetings would be scheduled as follows:
• October 28, 2015 - Work Session to discuss the final draft of the proposed Ordinance to
regulate Marijuana to begin at 6:00 P.M.
• November 10, 2015 - Reschedule the regular meeting from November 11, 2015. The
meeting is scheduled to begin at 6:15 P.M.
• November 12, 2015 - Joint Work Session with the Airport Commission to review the
proposed Rezoning of Airport Lands to begin at 6:00 P.M.
• November 25, 2015: Cancel the regular meeting due to Thanksgiving Holiday
• December 1, 2015: Joint Work Session with City Council to present the Ordinance to
regulate the Commercial Legalization of Marijuana to begin at 6:00 P.M.
• December 9, 2015: Conduct regular meeting as scheduled
• December 23, 2015: Cancel regular meeting due to Christmas Holiday
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Knackstedt reviewed the action agenda of the October 7 Council meeting,
which was provided in the packet.
DR
A
F
T
Page 98 of 112
b. Borough Planning – Glendening reported that the Planning Commission and Platting
Committee met in Soldotna on October 12 and approved three Right-of-Way vacations
and nine plats; also approved a Conditional Use Permit for a trailer in the anadromous fish
zone within 50’ protection district of the Kenai River.
c. Administration – Kelley reported on the following matters:
• Reminder of November15-17 APA Conference in Anchorage
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: October 28, 2015
COMMISSION COMMENTS & QUESTIONS:
Commissioner Focose reported that the Marijuana Control Board was taking testimony at the
Legislative Information Offices in Anchorage on October 15 and October 16.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
9:18 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
DR
A
F
T
Page 99 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 100 of 112
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
OCTOBER 28, 2015 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commissioner Twait called the meeting to order at 7:01 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, K. Peterson, J. Focose
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Deputy
City Clerk J. Heinz, Council Liaison H. Knackstedt
A quorum was present.
c. *Excused Absences – J. Glendening
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: October 14, 2015
Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
Page 101 of 112
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS: None.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Review and discussion of proposed ordinance pertaining to Kenai Municipal Code 12.50
– Abandoned Mobile Homes, to Promote Public Pease, Health, Safety and Welfare
Through the Regulation of Abandoned Mobile Homes Including Provisions for Abatement
and Penalties.
City Planner Kelley reviewed his staff report explaining that City Council referred the draft
proposed ordinance to the Planning and Zoning Commission and requested direction from the
Commission to do one of the following:
• Schedule a work session to discuss and recommend revisions; or
• Schedule the proposed ordinance as drafted for action at a regular meeting
During discussion, it was explained that mobile homes are considered personal property as
opposed to real property.
It was decided a work session would be scheduled for December 9 at 6:00 p.m.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Knackstedt reviewed the action agenda of the October 21 Council meeting,
which was provided in the packet.
b. Borough Planning – Glendening was absent; the tentative agendas for the October 26
meetings were provided in the packet.
c. Administration – Kelley reported on the following matters:
• Reminder about the APA Conference in November
• Resolution PZ15-26 had been appealed to the Board of Adjustment and has been
tentatively scheduled for December 8.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: November 10, 2015
COMMISSION COMMENTS & QUESTIONS:
Page 102 of 112
Commissioner Peterson thanked Mr. Knackstedt for his contribution.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
7:30 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 103 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 104 of 112
KENAI BEAUTIFICATION COMMITTEE
OCTOBER 20, 2015 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR LISA GABRIEL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Gabriel called the meeting to order at 7:00 p.m. Roll was confirmed as follows:
Members present: Chair L. Gabriel, B. Madrid, A. Zulkanycz, S. Peterson
Members absent: T. Canady, H. Spann, C. Jung
Staff/Council Liaison present: Parks and Recreation Director B. Frates, Council Liaison T.
Navarre
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Committee Member Madrid MOVED to approve the agenda and Member Zulkanycz
SECONDED the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. September 8, 2015
MOTION:
Committee Member Madrid MOVED to approve the meeting summary of September 8, 2015
and Member Peterson SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Capital Improvement Projects for FY17, FY18, and FY19
Parks and Recreation Director B. Frates presented the draft FY17, FY18, and FY19 Capital
Improvement Project (CIP) proposal and requested any other ideas to be brought forward. It
was noted that the FY16 list was also included in the packet indicating projects completed.
There was discussion regarding power in Leif Hansen Park on the FY17 list and it was
suggested that electrical tie-ins be included throughout the park. The goal was to eliminate
electrical cords from crossing over sidewalks.
7. REPORTS
Page 105 of 112
a. Parks and Recreation Director – Frates reported on the following:
• Attended the Recreation and Park Association Conference in Homer October
9 and 10.
• Preparing a plant material list and plan for landscaping around the large rock
at the library.
• Preparing a Request for Proposal for flowers for next summer.
b. Committee Chair – None.
c. City Council Liaison – Noted that he received concerns from the public about the
rock at the library including whether the rock is too close to the sidewalk.
8. NEXT MEETING ATTENDANCE NOTIFICATION – January 12, 2015
9. COMMITTEE MEMBER QUESTIONS AND COMMENTS – None.
10. PERSONS NOT SCHEDULED TO BE HEARD
11. INFORMATION – None.
12. ADJOURNMENT
MOTION:
Committee Member Madrid MOVED to adjourn and Member Zulkanycz SECONDED the
motion. There were no objections; SO ORDERED.
There being no further business before the Committee, the meeting was adjourned at 7:50 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
Page 106 of 112
Page 107 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 108 of 112
Page 109 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 110 of 112
Page 111 of 112
[PAGE LEFT BLANK INTENTIONALLY]
Page 112 of 112