HomeMy WebLinkAbout2016-04-06 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 6, 2016, 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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Resolution No. 2016-13 – Amending City Council Policy 2014-01, Kenai
Council Public Recognition Policy, to Provide Letters of Recognition and
Plaques for City Committee, Commission and the Council on Aging Members
After Five and Ten Years of Service Respectively. ................................. Pg. 5
2. Resolution No. 2016-14 – Requesting that the Legislature and Governor
Enact Legislation Including Cost Reductions and Revenue Enhancement to
Address Current and Future State of Alaska Budgets During the 2016
Legislative Session. ................................................................................ Pg. 9
E. MINUTES
1. *Regular Meeting of March 16, 2016
F. UNFINISHED BUSINESS
1. Reconsideration of Ordinance No. 2882-2016 – Waiving a Sale Restriction
Imposed by Kenai Municipal Code Section 21.05.010(B) with Respect to Lot 1,
Block 1, Gusty Subdivision (KPB Parcel No. 04327008) Located within the
Kenai City Council Meeting Page 2 of 4
April 6, 2016
Airport Reserve; Authorizing the Sale of Lot 1, Block 1, Gusty Subdivision to
Ronald and Shirley Smith; and Determining that Lot 1, Block 1 Gusty
Subdivision is Not Needed for a Public Purpose.
[Clerk’s Note: At the March 16 meeting, Mayor Porter, who voted on the
prevailing side, requested a reconsideration be placed on the next meeting
agenda for consideration.] ..................................................................... Pg. 11
2. Resolution No. 2016-10 – Confirming the Assessment Roll on the VIP Drive
Lid Street Improvement Special Assessment District.
[Clerk’s Note: At its March 16 meeting, Council postponed the Resolution to
the April 6 meeting allowing the City Manager to review to process and report
to Council. A motion to approve is on the floor. The Council may convene in
executive session to discuss this matter pursuant to AS 44.62.310(c)(1)(3) a
matter of which the immediate knowledge may have an adverse effect upon
the finances of the City, and a matter by which law, municipal charter, or
ordinance are required to be confidential.] ............................................. Pg. 25
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 33
2. *Action/Approval – Renewal of Liquor License No. 204 for Applicant G&P,
Inc. D/B/A George’s Casino Bar. ............................................................ Pg. 35
3. *Ordinance No. 2883-2016 – Amending Kenai Municipal Code Section
21.15.260 – Acquisition of Real Property, to Allow for Acquisition of Real
Property Outside the Airport Reserve as Airport Lands for Public Use, Including
Use for Establishing and Maintaining Buffer Zones. ............................... Pg. 43
4. *Ordinance No. 2884-2016 – Enacting Kenai Municipal Code Section
14.20.065 – Airport Light Industrial Zone, Amending Kenai Municipal Code
Section 14.22.010 – Land Use Table and Kenai Municipal Code Chapter 14.24
– Development Requirements Table, to add the Airport Light Industrial Zone.
......................................................................................................................... Pg. 55
5. *Ordinance No. 2885-2016 – Amending the Official Kenai Zoning Map by
Rezoning 51 Parcels Owned by the City of Kenai, Located within the Airport
Reserve Boundary from Conservation Zone, Rural Residential Zone, Suburban
Residential Zone, and Light Industrial Zone to Airport Light Industrial Zone and
Ratifying the Application to the Planning And Zoning Commission for the
Amendments. ........................................................................................ Pg. 93
6. Action/Approval – To Provide Direction to the City Attorney Regarding
Enforcement of the City’s Moratorium on Existing Local Marijuana Clubs.
[Clerk’s Note: The Council may convene in executive session to discuss this
matter pursuant to AS 44.62.310(c)(3), a matter by which law, municipal
charter, or ordinance are required to be confidential.] ........................ Pg. 139
Kenai City Council Meeting Page 3 of 4
April 6, 2016
7. Action/Approval – Approving a Settlement Agreement with Teea Winger
regarding Kenai Café Operations.
[Clerk’s Note: The Council may convene in executive session to discuss this
matter pursuant to AS 44.62.310(c)(1), a matter of which the immediate
knowledge may have an adverse effect upon the finances of the City.]
........................................................................................................... Pg. 151
8. Action/Approval – Approving a Special Use Permit to HDL Engineering
Consultants, LLC for Building/Land Lease. ......................................... Pg. 153
9. Action/Approval – Approving a Special Use Permit to Louise Nutter, D/B/A
Burning the Midnight Oil for Terminal Space Lease. ........................... Pg. 161
10. Action/Approval – Approving a Special Use Permit to the State of Alaska
Division of Forestry for an Apron Lease. ............................................ Pg. 171
11. Action/Approval – Schedule a Work Session to Discuss Senior Center
Funding and the Multi-Purpose Facility Expansion – Build out. ........... Pg. 181
12. Action/Approval – Schedule a Work Session to Discuss Proposed
Ordinances Relating to Establishment of Airport Light Industrial Zone and the
Rezoning of Parcels to Airport Light Industrial. .................................. Pg. 181
13. Discussion/Action – To Provide Direction to the City Manager to Meet with
Representatives of the United Way Regarding the Temporary use of Vacant
Office Space Owned by the City of Kenai.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging ................................................................................ Pg. 185
2. Airport Commission ............................................................................ Pg. 187
3. Harbor Commission ............................................................................ Pg. 191
4. Parks and Recreation Commission
5. Planning and Zoning Commission ...................................................... Pg. 195
6. Beautification Committee
7. Mini-Grant Steering Committee........................................................... Pg. 223
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
• Establishing a Working Group to Review the Airport Sales Process
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
Kenai City Council Meeting Page 4 of 4
April 6, 2016
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – See Agenda Items F. 2, G.6. and G.7
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Correspondence to the Alaska State Legislature Supporting Legislative
Confirmation of Robert Ruffner to the Alaska Board of Fisheries.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
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Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2016-14
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING
THAT THE LEGISLATURE AND THE GOVERNOR ENACT LEGISLATION TO INCLUDE
COST REDUCTIONS AND REVENUE ENHANCEMENT TO ADDRESS CURRENT AND
FUTURE STATE OF ALASKA BUDGETS DURING THE 2016 LEGISLATIVE SESSION.
WHEREAS, Alaska has benefitted from the development of its vast oil reserves and the
revenues generated to fund the majority of the cost of State Government since 1979;
and,
WHEREAS, for the past twenty-five years the production of Alaska North Slope Crude
Oil has decreased from a maximum through-put of over 2 million barrels per day to a
through-put of over 500,000 barrels per day; and,
WHEREAS, global oil prices have dropped significantly over the past two years and are
projected to remain between $25 per barrel to $60 per barrel for the foreseeable
future; and,
WHEREAS, the present situation brings into focus the risks inherent with Alaska’s
near-total dependence on oil to pay for public services; and
WHEREAS, without a combination of cost reductions and revenue enhancement, cash
reserves contained in the constitutional budget reserve, the permanent fund earnings
reserve, and the statutory budget reserve will be depleted in less than three years;
and,
WHEREAS, depletion of the State’s reserve accounts will threaten the Permanent Fund
dividend program and the corpus of the Alaska Permanent Fund; and,
WHEREAS, the State of Alaska’s credit rating has been downgraded and may be
downgraded further without a fiscal plan making significant progress towards a
balanced, and sustainable budget; and,
WHEREAS, any comprehensive fiscal plan must include a combination of cost
reductions, revenue enhancements, and use of budget reserves; and
WHEREAS, one consideration is a restructure of the Alaska Permanent fund earnings
reserve to include a percent-of-market-value (POMV) dividend program to provide
dividends for both a resident dividend program and dividends to provide public
services to Alaskans; and,
WHEREAS, to preserve Alaska’s economy and way of life for the future, we urgently
need a long term solution that reduces our reliance on oil to fund public services by
cutting government spending and raising new revenue; and,
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WHEREAS, the Kenai City Council encourages residents of the City of Kenai and all
Alaskans to continue to be informed and participate in the Legislative process.
WHEREAS, the City Council appreciates the difficult, but extremely important, work of
the Legislature and Administration in crafting a fiscal plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA;
Section 1. That the Legislature pass and the Governor enact legislation to include cost
reductions and revenue enhancement to address current and future State
of Alaska budgets during the 2016 Legislative Session.
Section 2. That a copy of this Resolution will be sent to each member of the Alaska
State Legislature and the Governor.
Section 3. That this Resolution shall become effective immediately upon its adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th, day of April,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
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L.I.D. CHECK LIST
District Requesting: _____________________________________________________
ACTION MISCELLANEOUS INFORMATION
Petition submitted to City Clerk Date Submitted:
Petition includes description of
proposed improvements.
Improvements requested:
Petition is signed by the owners of
fifty percent (50% or more of the
properties which will be benefited by
the proposed improvements.
No. of properties: ____________
No. of owners: ______________
Date of Verification: _________________
Petition forwarded to City Manager Date forwarded:
City Manager prepares report
regarding the proposed improvement
to the City Council w/ desirable
scope of and the estimated cost of
the proposed improvement, etc. (see
KMC 16.10.010)
Sixty days ends: ____________________
Report to council: ____________________
Consideration of Council: Council meeting of:
City Manager prepares and files with
City Clerk a preliminary assessment
roll (See KMC 16.10.020) within 30
days after consideration by council.
File with City Clerk by: _______________
Clerk prepares Resolution One,
setting a date within 60 days for a
public hearing on the proposed
improvement (See KMC 16.10.030)
Resolution No.: ___________________ One
prepared within 30 days after presentation of
preliminary assessment roll. Resolution to
agenda by:
__________________________________.
Clerk prepare purchase orders for
publications (charged to project).
City Clerk publishes a notice at least
once a week for four (4) consecutive
weeks, including a summary of
improvement, etc. (see KMC
16.10.040).
Dates notice to be published:
City Clerk sends notices by mail to
every record owner of property within
the proposed LID at least fifteen (15)
days prior to the public hearing (see
KMC 16.10.040)
Notices mailed:
City Clerk presents written objections
with Resolution Two for public
hearing (see KMC 16.10.050).
Public hearing on Resolution Two. Hearing held:
Council increase/decrease scope or
value of improvement. (see KMC
16.10.070)
VIP Drive Cul-De-Sac
X 02/14/14
X Pave the cul-de-sac
X
9
5
02/20/14
X 02/10/14
X
04/04/1404/14/14
X 04/14/14
X
05/02/14
X
2014-37
X 06/16/14
X 06/19/14, 06/26/14, 07/03/14, 07/10/14
X 06/16/14
X 07/16/14
X 07/16/14
X N/A
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ACTION MISCELLANEOUS INFORMATION
Resolution Two, directing
continuation of LID (see KMC
16.10.070).
Resolution No. ____________________
Public Hearing: ______________________
Upon completion of improvement and
costs computed, City manager
prepares and files with City Clerk an
assessment roll for the assessment
district (see KMC 16.10.080)
Date assessment roll forwarded to City Clerk:
_______________________________
Upon filing of assessment roll,
Resolution Three, setting public
hearing on objections to the
assessment roll (KMC 16.10.100).
Resolution No.: _____________________
Notice of public hearing on
assessment roll mailed/published in
paper pursuant to KMC 16.10.040
(see KMC 16.10.100).
Notice mailed: _____________________
Notice published: ____________________
______________________________________
Public hearing held. Changes made
to roll?
Date: _______________________________
Resolution Four to confirm the
assessment roll of the LID (see KMC
16.10.130)
Resolution No. ___2016-10
______________ Date passed:
_______________________
Within 30 days after the time of
payment has been fixed (Resolution
Four), City Clerk shall mail a
statement to each owner of record
designating the property, the
assessment amount, the time of
delinquency, and penalties (see KMC
16.10.150).
Mailed: ____________________________
Within five days after the statements
are mailed, the city Clerk shall
publish notice that the statements
have been mailed (KMC 16.10.150).
Objection and appeal (see KMC
16.10.160).
X 2014-50
7/16/14
X 01/26/16
X
2016-04
X
02/11/16
02/17/16, 02/24/16, 03/02/16
03/09/16
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Sponsored by: Council Member Molloy
CITY OF KENAI
ORDINANCE NO. 2883-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC SECTION 21.15.260-ACQUISITION OF REAL PROPERTY, TO ALLOW FOR
ACQUISITION OF REAL PROPERTY OUTSIDE THE AIRPORT RESERVE AS AIRPORT
LANDS FOR PUBLIC USE, INCLUDING USE FOR ESTABLISHING AND MAINTAINING
BUFFER ZONES.
WHEREAS, at present, KMC 21.15.260 authorizes the City to purchase or acquire an
interest in or lease real property for a public use, as City Airport Lands, only land that
is within the Airport Reserve; and,
WHEREAS, the use of real property to establish and maintain buffer zones is a public
use; and,
WHEREAS, City residents have expressed support for the City’s purchase of land both
within and outside of the Airport Reserve for the public purpose of establishing and
maintaining buffers or buffer zones that will remediate the impacts of airport-related
uses and development upon land within and surrounding the Airport Reserve, such as
mitigating the impacts of noise and fumes upon residential properties in residential
zones; and,
WHEREAS, the Airport Master Plan Phase 2 Report prepared for the City of Kenai
contains four (4) development concepts that include the City’s acquisition of land
outside the Airport Reserve for buffer zone(s); and,
WHEREAS, it is in the best interests of the City of Kenai to amend KMC 21.15.260 to
authorize the City to purchase or acquire an interest in or lease real property for a
public use, as City Airport Lands, both within and outside of the Airport Reserve,
including use to buffer private and public property from impacts of airport-related
uses and development by establishing and maintaining buffers or buffer zones.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 21.15.260 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 21.15.260-Acquisition of Real Property, is hereby
amended as follows:
21.15.260 Acquisition of [R]Real [P]Property.
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(a) The City, by authorization of the City Council, expressed in a resolution for
such purpose, may purchase or acquire an interest in or lease [, OR] real property
needed for a public use within or outside the Airport Reserve, including use for
establishing and maintaining buffer zones to remediate the impacts of airport-related
uses and development upon land within and surrounding the Airport Reserve, on such
terms and conditions as the Council shall determine, but no purchase shall be made
until a qualified appraiser has appraised the property and given the Council an
independent opinion as to the full and true value thereof.
(b) Because of the unique value of real property; the City need not acquire or lease
real property by competitive bidding.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: April 6, 2016
Enacted: April 20, 2016
Effective: May 20, 2016
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MARCH 9, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair 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: R. Springer, J. Twait, K. Peterson, J. Glendening, J. Focose, D.
Fikes, G. Pettey
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, Airport Manager M.
Bondurant, Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
Commissioner Peterson noted the following items to be removed/added to the agenda/packet:
6.a. PZ16-05
• Memo from Councilor Knackstedt, Approved by Council
• Copy of Quitclaim Deed from FAA
6.b. PZ16-07
• Copy of Rezoning Application
• Memo from the Airport Manager
• Memo from the City Planner
• Correspondence from residents
6.c. PZ16-08
• Copy of Rezoning Application
• Memo from the Airport Manager
• Correspondence from residents
MOTION:
Commissioner Peterson MOVED to approve the agenda including the additions to the packet;
Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED.
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d. Consent Agenda
MOTION:
Commissioner Glendening MOVED to approve the consent agenda; Commissioner Peterson
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.
e. *Excused Absences – None.
2. *APPROVAL OF MINUTES: February 24, 2016
Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ16-05 – An Ordinance of the Council of the City of Kenai, Alaska Amending Kenai
Municipal Code Chapter 14.20 – Kenai Zoning Code, to Enact Kenai Municipal Code
Section 14.20.065 – Airport Light Industrial Zone and Amending Kenai Municipal Code
Chapter 14.24 – Development Requirements Tables, to Add the Airport Light Industrial
Zone.
City Planner Kelley reviewed his staff report providing a history explaining that the Ordinance was
the culmination of work sessions between the Planning and Zoning Commission and the Airport
Commission, at the direction of City Council, and recommended approval of the Resolution, which
was a recommendation to City Council to approve the ordinance. The ordinance provided the
following code amendments:
• Adding sections regarding intent, development requirements, and parking requirements
• Adding definitions for airport compatible uses and necessary aviation facilities
• Modifying the land use table
The City Planner recommended the following additional amendment:
• Changing the land use table to reflect that mini-storage facilities, storage yards, and
warehouses be allowed by conditional use permit as opposed to being allowed without
permitting.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-05 with staff recommendations
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and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution noting there were no provisions for buffers between
residences and the airport and also does not address the health and safety of residents. She
also suggested the airport was a high impact to residents on Float Plane Road.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the land was trapped and a solution was being sought to try to resolve the issue
and allow Kenai to grow. It was also noted that the land’s specific use was to fund the airport and
be used for airport uses.
MOTION TO AMEND :
Commissioner Springer MOVED amend the land use table to change mini-storage facilities,
storage yards, and warehouses from permitted use to allowable by conditional use permit and
Commissioner Focose SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ16-07 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map by Rezoning 48 Parcels Owned by the City of Kenai,
Located Within the Airport Reserve Boundary from Conservation Zone, Rural
Residential, and Light Industrial Zone to Airport Light Industrial Zone, and Rezoning a
Parcel Owned by the City of Kenai, Located Within the Airport Reserve Boundary
Described as: Lot 1A, Kenai Cemetery Expansion #2 With Vacation of Section Line
Easements; (KPB Parcel No. 04317037) from Suburban Residential Zone together
with Conservation Zone (Split Zone) to Conservation Zone.
City Planner Kelley reviewed his staff report recommending approval of the Resolution PZ16-07,
which was a recommendation to City Council to approve an ordinance to rezone 48 parcels to
protect the viability of the airport and encourage appropriate development and compatible land
uses consistent with aviation uses
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-07 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution suggesting City Council asked for
recommendations, not rezoning. Also suggested that a rezoning shouldn’t be done due to the
repeal of the Comprehensive Plan; she read her letter into the record which was included in the
laydown.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the airport was a nuisance because of noise; that the buffer zones could be
reconsidered; that a lot of time was spent at work sessions reviewing buffer zones but no one
came forth to express concerns.
Staff pointed out that the Airport Master Plan was being reviewed by the Airport Commission and
operations, expansions, and noise mitigation options were being considered; that rezoning the
properties dovetailed with the master plan review. It was also pointed out that most development
was near the current terminal.
VOTE:
YEA: Glendening, Fikes, Focose, Springer, Pettey
NAY: Twait, Peterson
MOTION PASSED.
c. PZ16-08 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map By Rezoning an approximately 900-foot portion of a Parcel
Owned by the City of Kenai Described as: W1/2 Lying N. of Kenai Spur Hwy. & E. of
Marathon Rd., Excluding All Baron Park Subs. & Kenai Industrial Park, (KPB Parcel
No. 04501057), and a Parcel Owned by the City of Kenai Described as: S 1/2, S 1/2,
SW 1/4, Lying South of the Kenai Spur Hwy. (KPB Parcel No. 04501003) from
Conservation to General Commercial.
City Planner Kelley reviewed his staff report and provided a history of the parcels, noting previous
plats had been approved but not recorded; recommended approval of the rezone noting the
following:
• Any future development would require Landscape Site Plans which would address buffers
for residents along Lawton Drive
• Adoption of the ordinance changes the zones; doesn’t change the uses
• Further subdivision would be required to retain buffers or designate a park
• Parcels were narrow and after parking, setbacks, snow storage, etc. there was little left to
develop.
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-08 with staff recommendations
and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Mayor Porter noted consideration of rezoning these particular parcels had always been a
contentious issue and that the Airport Commission requested it so they could complete the Airport
Master Plan. She also noted that the airport had to remain self-sustaining in order that taxpayers
didn’t have to subsidize it and when airport properties were leased or sold, the funds were
designated to the Airport Fund.
Roy Wells spoke against rezoning one of the parcels due to the houses across street; noted
general commercial was much different than conservation; spoke in favor of keeping the park.
Lucy Barton encouraged the City to purchase the parcel from the airport.
Kristine Schmidt spoke against rezoning the parcels, noting there wasn’t a big demand to rezone,
that residents oppose rezoning, and that restrictions created by Landscape Site Plans were not
satisfactory as rocks were not as good as trees. She suggested the City purchase the property
and that not every inch of property needed to be developed and monetized.
Debbie Adamson spoke against rezoning suggesting the City and the Airport trade land. She
noted she loved the green look of Kenai; used Lawton Drive to walk; many visit the park. She
also noted that school children walked to and from school utilizing Lawton Drive and the additional
traffic that rezoning would bring was worrisome.
Bob McIntosh noted the history of the funding of Wildflower Field; suggested the Federal Aviation
Administration wouldn’t repossess the land and that conservation is not a trap. He also noted the
green spaces were what made people want to live here.
Roy Wells spoke regarding the monetization of property, pointing out that the City benefited twice
when selling property for retail use, first with the profits from selling the land and then again with
the taxes collected by the retail establishment. He suggested it was a small price to pay to keep
a buffer of land to separate residences from commercial.
There being no one else wishing to be heard, the public hearing was closed.
Administration clarified differences in the meaning of conservation district in the 2003
Comprehensive Plan and in Kenai Municipal Code. Also noted the original deed pre-dated zoning
codes.
VOTE:
YEA:
NAY: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
MOTION FAILED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
Page 89 of 230
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reported on the following meetings:
March 2, 2016:
• Enacted an Ordinance to fund the revisions of the 2003 Comprehensive Plan.
• Also provided a challenge grant for the fire suppression system for the Russian
Orthodox Church.
b. Borough Planning – No report; no meetings.
c. Administration – Kelley reported on the following matters:
• The All Hazard Mitigation Plan required a 5-year update; would be scheduling
meetings to do so.
• Met with the consultant for the Comprehensive Plan Revision; discussed meetings
and developing a process.
11. PERSONS PRESENT NOT SCHEDULED:
Airport Manager M. Bondurant spoke about the process required for projects at the airport; noting
environmental assessments and findings of impact as well as public noticing and public hearings.
She also noted that the airport wanted to be a good neighbor and took impacts of construction
and noise seriously.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 23, 2016
Commissioner Pettey noted she would be absent.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey thanked City Planner M. Kelley and those that testified. She noted she
would like to see the parcels on Lawton Drive to be permanently placed in conservation.
Commissioner Fikes added that she appreciated public comments and the transparency from the
airport manager.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
9:38 p.m.
Page 90 of 230
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy Clerk
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MARCH 9, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair 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: R. Springer, J. Twait, K. Peterson, J. Glendening, J. Focose, D.
Fikes, G. Pettey
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, Airport Manager M.
Bondurant, Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
Commissioner Peterson noted the following items to be removed/added to the agenda/packet:
6.a. PZ16-05
• Memo from Councilor Knackstedt, Approved by Council
• Copy of Quitclaim Deed from FAA
6.b. PZ16-07
• Copy of Rezoning Application
• Memo from the Airport Manager
• Memo from the City Planner
• Correspondence from residents
6.c. PZ16-08
• Copy of Rezoning Application
• Memo from the Airport Manager
• Correspondence from residents
MOTION:
Commissioner Peterson MOVED to approve the agenda including the additions to the packet;
Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED.
Page 131 of 230
d. Consent Agenda
MOTION:
Commissioner Glendening MOVED to approve the consent agenda; Commissioner Peterson
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.
e. *Excused Absences – None.
2. *APPROVAL OF MINUTES: February 24, 2016
Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ16-05 – An Ordinance of the Council of the City of Kenai, Alaska Amending Kenai
Municipal Code Chapter 14.20 – Kenai Zoning Code, to Enact Kenai Municipal Code
Section 14.20.065 – Airport Light Industrial Zone and Amending Kenai Municipal Code
Chapter 14.24 – Development Requirements Tables, to Add the Airport Light Industrial
Zone.
City Planner Kelley reviewed his staff report providing a history explaining that the Ordinance was
the culmination of work sessions between the Planning and Zoning Commission and the Airport
Commission, at the direction of City Council, and recommended approval of the Resolution, which
was a recommendation to City Council to approve the ordinance. The ordinance provided the
following code amendments:
• Adding sections regarding intent, development requirements, and parking requirements
• Adding definitions for airport compatible uses and necessary aviation facilities
• Modifying the land use table
The City Planner recommended the following additional amendment:
• Changing the land use table to reflect that mini-storage facilities, storage yards, and
warehouses be allowed by conditional use permit as opposed to being allowed without
permitting.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-05 with staff recommendations
Page 132 of 230
and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution noting there were no provisions for buffers between
residences and the airport and also does not address the health and safety of residents. She
also suggested the airport was a high impact to residents on Float Plane Road.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the land was trapped and a solution was being sought to try to resolve the issue
and allow Kenai to grow. It was also noted that the land’s specific use was to fund the airport and
be used for airport uses.
MOTION TO AMEND :
Commissioner Springer MOVED amend the land use table to change mini-storage facilities,
storage yards, and warehouses from permitted use to allowable by conditional use permit and
Commissioner Focose SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ16-07 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map by Rezoning 48 Parcels Owned by the City of Kenai,
Located Within the Airport Reserve Boundary from Conservation Zone, Rural
Residential, and Light Industrial Zone to Airport Light Industrial Zone, and Rezoning a
Parcel Owned by the City of Kenai, Located Within the Airport Reserve Boundary
Described as: Lot 1A, Kenai Cemetery Expansion #2 With Vacation of Section Line
Easements; (KPB Parcel No. 04317037) from Suburban Residential Zone together
with Conservation Zone (Split Zone) to Conservation Zone.
City Planner Kelley reviewed his staff report recommending approval of the Resolution PZ16-07,
which was a recommendation to City Council to approve an ordinance to rezone 48 parcels to
protect the viability of the airport and encourage appropriate development and compatible land
uses consistent with aviation uses
Page 133 of 230
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-07 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution suggesting City Council asked for
recommendations, not rezoning. Also suggested that a rezoning shouldn’t be done due to the
repeal of the Comprehensive Plan; she read her letter into the record which was included in the
laydown.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the airport was a nuisance because of noise; that the buffer zones could be
reconsidered; that a lot of time was spent at work sessions reviewing buffer zones but no one
came forth to express concerns.
Staff pointed out that the Airport Master Plan was being reviewed by the Airport Commission and
operations, expansions, and noise mitigation options were being considered; that rezoning the
properties dovetailed with the master plan review. It was also pointed out that most development
was near the current terminal.
VOTE:
YEA: Glendening, Fikes, Focose, Springer, Pettey
NAY: Twait, Peterson
MOTION PASSED.
c. PZ16-08 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map By Rezoning an approximately 900-foot portion of a Parcel
Owned by the City of Kenai Described as: W1/2 Lying N. of Kenai Spur Hwy. & E. of
Marathon Rd., Excluding All Baron Park Subs. & Kenai Industrial Park, (KPB Parcel
No. 04501057), and a Parcel Owned by the City of Kenai Described as: S 1/2, S 1/2,
SW 1/4, Lying South of the Kenai Spur Hwy. (KPB Parcel No. 04501003) from
Conservation to General Commercial.
City Planner Kelley reviewed his staff report and provided a history of the parcels, noting previous
plats had been approved but not recorded; recommended approval of the rezone noting the
following:
• Any future development would require Landscape Site Plans which would address buffers
for residents along Lawton Drive
• Adoption of the ordinance changes the zones; doesn’t change the uses
• Further subdivision would be required to retain buffers or designate a park
• Parcels were narrow and after parking, setbacks, snow storage, etc. there was little left to
develop.
Page 134 of 230
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-08 with staff recommendations
and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Mayor Porter noted consideration of rezoning these particular parcels had always been a
contentious issue and that the Airport Commission requested it so they could complete the Airport
Master Plan. She also noted that the airport had to remain self-sustaining in order that taxpayers
didn’t have to subsidize it and when airport properties were leased or sold, the funds were
designated to the Airport Fund.
Roy Wells spoke against rezoning one of the parcels due to the houses across street; noted
general commercial was much different than conservation; spoke in favor of keeping the park.
Lucy Barton encouraged the City to purchase the parcel from the airport.
Kristine Schmidt spoke against rezoning the parcels, noting there wasn’t a big demand to rezone,
that residents oppose rezoning, and that restrictions created by Landscape Site Plans were not
satisfactory as rocks were not as good as trees. She suggested the City purchase the property
and that not every inch of property needed to be developed and monetized.
Debbie Adamson spoke against rezoning suggesting the City and the Airport trade land. She
noted she loved the green look of Kenai; used Lawton Drive to walk; many visit the park. She
also noted that school children walked to and from school utilizing Lawton Drive and the additional
traffic that rezoning would bring was worrisome.
Bob McIntosh noted the history of the funding of Wildflower Field; suggested the Federal Aviation
Administration wouldn’t repossess the land and that conservation is not a trap. He also noted the
green spaces were what made people want to live here.
Roy Wells spoke regarding the monetization of property, pointing out that the City benefited twice
when selling property for retail use, first with the profits from selling the land and then again with
the taxes collected by the retail establishment. He suggested it was a small price to pay to keep
a buffer of land to separate residences from commercial.
There being no one else wishing to be heard, the public hearing was closed.
Administration clarified differences in the meaning of conservation district in the 2003
Comprehensive Plan and in Kenai Municipal Code. Also noted the original deed pre-dated zoning
codes.
VOTE:
YEA:
NAY: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
MOTION FAILED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
Page 135 of 230
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reported on the following meetings:
March 2, 2016:
• Enacted an Ordinance to fund the revisions of the 2003 Comprehensive Plan.
• Also provided a challenge grant for the fire suppression system for the Russian
Orthodox Church.
b. Borough Planning – No report; no meetings.
c. Administration – Kelley reported on the following matters:
• The All Hazard Mitigation Plan required a 5-year update; would be scheduling
meetings to do so.
• Met with the consultant for the Comprehensive Plan Revision; discussed meetings
and developing a process.
11. PERSONS PRESENT NOT SCHEDULED:
Airport Manager M. Bondurant spoke about the process required for projects at the airport; noting
environmental assessments and findings of impact as well as public noticing and public hearings.
She also noted that the airport wanted to be a good neighbor and took impacts of construction
and noise seriously.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 23, 2016
Commissioner Pettey noted she would be absent.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey thanked City Planner M. Kelley and those that testified. She noted she
would like to see the parcels on Lawton Drive to be permanently placed in conservation.
Commissioner Fikes added that she appreciated public comments and the transparency from the
airport manager.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
9:38 p.m.
Page 136 of 230
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy Clerk
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COUNCIL ON AGING MEETING
MARCH 10, 2016 – 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, B. Modigh, A. Weeks,
L. Nelson, J. Hollier
Members Absent: F. Walters, B. Osborn, V. Hallmark
Staff/Council Liaison Present: R. Craig, Council Liaison Porter
A quorum was present.
2. AGENDA APPROVAL
Councilor Nelson MOVED to approve the agenda; Councilor Hollier SECONDED the motion.
There being no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – February 11, 2016
Councilor Milewski MOVED to approve the February 11, 2016 meeting summary with the
correction of “March for Meds” being changed to “March for Meals” in the Director’s Report;
Council Member Weeks SECONDED the motion. There being no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS
a. Survey Results
Senior Center Director R. Craig reported that fifty home meal surveys were given out and thirty-
five responded and 95% of the returns indicated “excellent” or “good” comments for home
meals. She also noted that the drivers were all helpful and personable and that the meals
tasted good.
It was further reported that some of the negative comments included that the food was too
spicy, too much Mexican food, and that the vegetables needed to be cooked more thoroughly
and that the director had relayed the information to the chefs who indicated they would make
corrections.
6. NEW BUSINESS
a. Resolution and Memo from Mayor Navarre
Senior Center Director R. Craig explained the resolution that was presented to communities
within the Borough to create a temporary Senior Citizen Advisory Task Force and after
Page 185 of 230
researching programs and services, the Mayor felt the task force was unnecessary as efforts
were already undertaken by local organizations and state agencies.
b. FY17 Budget Information
Senior Center Director R. Craig provided an update on the budget process, noting funding was
down.
7. REPORTS
a. Senior Center Director – Craig reported on the following:
• A representative from Adult Protective Services would be speaking at the
next meeting.
• City Manager would be attending lunch at the Senior Center on March 16
to discuss the solarium and provide a space analysis.
b. Council on Aging Chair – Geller noted the “March for Meals” was to be held on
April 1st.
c. City Council Liaison – Council Liaison Porter reported on:
• Presentation on the event park.
• City Council working on the City’s budget.
8. NEXT MEETING ATTENDANCE NOTIFICATION – April 14, 2016
9. QUESTIONS & COMMENTS
10. PERSONS NOT SCHEDULED TO BE HEARD – None
11. INFORMATION – None
12. ADJOURNMENT – None
There being no further business before the Council, the meeting was adjourned at 5:30 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy Clerk
Page 186 of 230
KENAI AIRPORT COMMISSION
MARCH 10, 2016 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER AND ROLL CALL
Commission Chair Feeken called the meeting to order at 6:00 p.m. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, K. Dodge, P. Minelga, C. Henry, L. Porter
J. Zirul, J. Bielefeld
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 Feeken led those assembled in the Pledge of Allegiance.
2. AGENDA APPROVAL
MOTION:
Commissioner Dodge MOVED to approve the agenda with the addition of Council Member
Knackstedt under Persons To Be Heard and Commissioner Porter SECONDED the motion.
There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. February 11, 2016
MOTION:
Commissioner Dodge MOVED to approve the meeting summary of February 11, 2016 with the
correction that Commissioner Minelga was absent, and Commissioner Minelga SECONDED the
motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Council Member Knackstedt
Council Member Knackstedt discussed what took place at the Planning & Zoning Commission
meeting held on March 9, 2016 and asked the Airport Commission to consider a motion to request
the City Manager not to introduce Planning & Zoning Commission Resolution PZ16-08, a rezone
Page 187 of 230
permit for consideration to the City Council; request that the City Manager provide an opinion of
market value for the property generally known as “Lawton Acres”; and request the City Manager
provide a letter from the FAA that definitively confirms the status of the property generally known
as “Lawton Acres.”
It was noted that the requested motions would be added to the agenda under New Business.
5. UNFINISHED BUSINESS
a. Discussion – Master Plan
Airport Manager M. Bondurant provided an update on the Master Plan process noting that the
Phase 3 report was still being reviewed by the technical advisory committee and hoped the review
would be completed by the end of March.
6. NEW BUSINESS
a. Discussion/Recommendation – Unmanned Aircraft Systems (drones)
The Airport Tower Manager noted a letter of agreement in place with the Peninsula Modeler’s
Association which addressed guidelines for activity within five miles of airspace.
It was suggested that positive information be provided to the public concerning drone use and
that public service announcements be distributed.
Members from the Peninsula Modelers Association spoke in support of the City looking into
regulating drone activity. It was noted that they are obligated to comply with FAA regulations and
have insurance in place.
Airport Manager M. Bondurant noted she would look into advertising and provide information at
the next meeting.
b. Discussion/Recommendation – Special Use Permit for Art Gallery
Airport Manager M. Bondurant recommended allowing Louise Nutter, doing business as Burning
the Midnight Oil, to rent space for an art gallery.
MOTION:
Commissioner Porter MOVED to recommend approving the Special Use Permit for Burning The
Midnight Oil Art Gallery; Commissioner Henry SECONDED the motion. There were no objections;
SO ORDERED.
c. Discussion/Recommendation – Planning & Zoning Commission Resolution PZ16-08
It was noted that the Airport Commission would like to continue the public process and work
together with the Planning & Zoning Commission to develop a solution.
MOTION:
Page 188 of 230
Commissioner Feeken MOVED to request the City Manager not introduce the Planning & Zoning
Resolution PZ16-08, a rezoning permit, for consideration by City Council; Commissioner Porter
SECONDED the motion. There were no objections; SO ORDERED.
d. Discussion/Recommendation – Market Value of Property Generally Known as “Lawton
Acres”
It was noted that the Airport Commission would like to know the value of the property generally
known as “Lawton Acres”
MOTION:
Commissioner Feeken MOVED to request the City Manager provide an opinion of market value
for the property known as Lawton Acres; Commissioner Minelga SECONDED the motion. There
were no objections; SO ORDERED.
e. Discussion/Recommendation – Clarification on the Property Generally Known as
“Lawton Acres.”
It was noted that clarification on what the designation was of the property generally known as
“Lawton Acres.”
MOTION:
Commissioner Feeken MOVED to request the City Manager look at the 1963 deed for clarification
on the property; Commissioner Dodge SECONDED the motion. There were no objections; SO
ORDERED.
7. REPORTS
a. Airport Manager – reported on the following:
• FY17 budget process.
• Helicopter operations meeting on March 17.
• Car Rental Concession going out to bid soon.
• Air Fair scheduled for June 11.
b. City Council Liaison – reported on the actions at the March 2 Council meeting.
8. NEXT MEETING ATTENDANCE NOTIFICATION – April 14, 2016.
Commissioner Porter noted the March 10 meeting might be his last meeting.
9. COMMISSIONER COMMENTS AND QUESTIONS
10. PERSONS NOT SCHEDULED TO BE HEARD
11. INFORMATION ITEMS – None.
Page 189 of 230
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:17 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 190 of 230
KENAI HARBOR COMMISSION MEETING
MARCH 7, 2016 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR PHIL MORIN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Morin called the meeting to order at 7:00 p.m. Roll was confirmed as follows:
Commissioners present: Chair P. Morin, B. Peters, W. Nelson, V. Askin, S.
Thornton, D. Barth, C. Hutchison, G. Greenberg
Commissioners Absent:
Staff/Council Liaison present: Public Works Director S. Wedemeyer
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Peters MOVED to approve the agenda with addition of agenda item 6.c. –
Discuss the Work Session Scheduled for April; Commissioner Askin SECONDED the motion.
There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – February 8, 2016
MOTION:
Commissioner Peters MOVED to approve the meeting summary of February 8, 2016 and
Commissioner Thornton SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Resolution Commending City Staff that Worked During the Personal Use Fishery
There was discussion regarding the resolution including just staff of the Public Works
Department or from departments throughout the City.
MOTION:
Page 191 of 230
Commissioner Barth MOVED to approve the resolution and request that department heads
send the resolution to their employees with a letter; Commissioner Thornton SECONDED the
motion. There were no objections; SO ORDERED.
b. Memorial for Tommy Thompson
It was noted that the City already sent something and there was no need for additional efforts.
c. Discuss the Work Session Scheduled for April
MOTION:
Commissioner Askin MOVED to move the work session time from 6:30 p.m. to 6:00 p.m.;
Commissioner Barth SECONDED the motion. There were no objections; SO ORDERED.
7. REPORTS
a. Public Works Director – noted that the South Beach Road Project had been
awarded and construction would begin in April or May, also noted that the dock
had been inspected after the earthquake in January, some damage was
discovered, and drawings and specifications were being prepared for repairs.
b. Commission Chair – no report.
c. City Council Liaison – no report.
8. NEXT MEETING ATTENDANCE NOTIFICATION – April 11, 2016
9. COMMISSIONER COMMENTS/QUESTIONS
Commissioner Barth noted she was looking into the master plan and tideland leases. Also
noted she would provide a presentation on the differences between the existing code regarding
Harbor Commission responsibilities and duties and the suggestions most recently made as part
of Administration’s investigation.
Commissioner Peters noted dissatisfaction with the absence of a Council Liaison at the past few
meetings; welcomed Commissioners Barth and Hutchison.
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION – None.
12. ADJOURNMENT
MOTION:
Commissioner Askin MOVED to adjourn and Commissioner Henry SECONDED the motion.
There were no objections; SO ORDERED.
Page 192 of 230
There being no further business before the Commission, the meeting was adjourned at 7:50p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MARCH 9, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair 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: R. Springer, J. Twait, K. Peterson, J. Glendening, J. Focose, D.
Fikes, G. Pettey
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, Airport Manager M.
Bondurant, Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
Commissioner Peterson noted the following items to be removed/added to the agenda/packet:
6.a. PZ16-05
• Memo from Councilor Knackstedt, Approved by Council
• Copy of Quitclaim Deed from FAA
6.b. PZ16-07
• Copy of Rezoning Application
• Memo from the Airport Manager
• Memo from the City Planner
• Correspondence from residents
6.c. PZ16-08
• Copy of Rezoning Application
• Memo from the Airport Manager
• Correspondence from residents
MOTION:
Commissioner Peterson MOVED to approve the agenda including the additions to the packet;
Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED.
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d. Consent Agenda
MOTION:
Commissioner Glendening MOVED to approve the consent agenda; Commissioner Peterson
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.
e. *Excused Absences – None.
2. *APPROVAL OF MINUTES: February 24, 2016
Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ16-05 – An Ordinance of the Council of the City of Kenai, Alaska Amending Kenai
Municipal Code Chapter 14.20 – Kenai Zoning Code, to Enact Kenai Municipal Code
Section 14.20.065 – Airport Light Industrial Zone and Amending Kenai Municipal Code
Chapter 14.24 – Development Requirements Tables, to Add the Airport Light Industrial
Zone.
City Planner Kelley reviewed his staff report providing a history explaining that the Ordinance was
the culmination of work sessions between the Planning and Zoning Commission and the Airport
Commission, at the direction of City Council, and recommended approval of the Resolution, which
was a recommendation to City Council to approve the ordinance. The ordinance provided the
following code amendments:
• Adding sections regarding intent, development requirements, and parking requirements
• Adding definitions for airport compatible uses and necessary aviation facilities
• Modifying the land use table
The City Planner recommended the following additional amendment:
• Changing the land use table to reflect that mini-storage facilities, storage yards, and
warehouses be allowed by conditional use permit as opposed to being allowed without
permitting.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-05 with staff recommendations
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and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution noting there were no provisions for buffers between
residences and the airport and also does not address the health and safety of residents. She
also suggested the airport was a high impact to residents on Float Plane Road.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the land was trapped and a solution was being sought to try to resolve the issue
and allow Kenai to grow. It was also noted that the land’s specific use was to fund the airport and
be used for airport uses.
MOTION TO AMEND :
Commissioner Springer MOVED amend the land use table to change mini-storage facilities,
storage yards, and warehouses from permitted use to allowable by conditional use permit and
Commissioner Focose SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ16-07 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map by Rezoning 48 Parcels Owned by the City of Kenai,
Located Within the Airport Reserve Boundary from Conservation Zone, Rural
Residential, and Light Industrial Zone to Airport Light Industrial Zone, and Rezoning a
Parcel Owned by the City of Kenai, Located Within the Airport Reserve Boundary
Described as: Lot 1A, Kenai Cemetery Expansion #2 With Vacation of Section Line
Easements; (KPB Parcel No. 04317037) from Suburban Residential Zone together
with Conservation Zone (Split Zone) to Conservation Zone.
City Planner Kelley reviewed his staff report recommending approval of the Resolution PZ16-07,
which was a recommendation to City Council to approve an ordinance to rezone 48 parcels to
protect the viability of the airport and encourage appropriate development and compatible land
uses consistent with aviation uses
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-07 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution suggesting City Council asked for
recommendations, not rezoning. Also suggested that a rezoning shouldn’t be done due to the
repeal of the Comprehensive Plan; she read her letter into the record which was included in the
laydown.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the airport was a nuisance because of noise; that the buffer zones could be
reconsidered; that a lot of time was spent at work sessions reviewing buffer zones but no one
came forth to express concerns.
Staff pointed out that the Airport Master Plan was being reviewed by the Airport Commission and
operations, expansions, and noise mitigation options were being considered; that rezoning the
properties dovetailed with the master plan review. It was also pointed out that most development
was near the current terminal.
VOTE:
YEA: Glendening, Fikes, Focose, Springer, Pettey
NAY: Twait, Peterson
MOTION PASSED.
c. PZ16-08 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map By Rezoning an approximately 900-foot portion of a Parcel
Owned by the City of Kenai Described as: W1/2 Lying N. of Kenai Spur Hwy. & E. of
Marathon Rd., Excluding All Baron Park Subs. & Kenai Industrial Park, (KPB Parcel
No. 04501057), and a Parcel Owned by the City of Kenai Described as: S 1/2, S 1/2,
SW 1/4, Lying South of the Kenai Spur Hwy. (KPB Parcel No. 04501003) from
Conservation to General Commercial.
City Planner Kelley reviewed his staff report and provided a history of the parcels, noting previous
plats had been approved but not recorded; recommended approval of the rezone noting the
following:
• Any future development would require Landscape Site Plans which would address buffers
for residents along Lawton Drive
• Adoption of the ordinance changes the zones; doesn’t change the uses
• Further subdivision would be required to retain buffers or designate a park
• Parcels were narrow and after parking, setbacks, snow storage, etc. there was little left to
develop.
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-08 with staff recommendations
and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Mayor Porter noted consideration of rezoning these particular parcels had always been a
contentious issue and that the Airport Commission requested it so they could complete the Airport
Master Plan. She also noted that the airport had to remain self-sustaining in order that taxpayers
didn’t have to subsidize it and when airport properties were leased or sold, the funds were
designated to the Airport Fund.
Roy Wells spoke against rezoning one of the parcels due to the houses across street; noted
general commercial was much different than conservation; spoke in favor of keeping the park.
Lucy Barton encouraged the City to purchase the parcel from the airport.
Kristine Schmidt spoke against rezoning the parcels, noting there wasn’t a big demand to rezone,
that residents oppose rezoning, and that restrictions created by Landscape Site Plans were not
satisfactory as rocks were not as good as trees. She suggested the City purchase the property
and that not every inch of property needed to be developed and monetized.
Debbie Adamson spoke against rezoning suggesting the City and the Airport trade land. She
noted she loved the green look of Kenai; used Lawton Drive to walk; many visit the park. She
also noted that school children walked to and from school utilizing Lawton Drive and the additional
traffic that rezoning would bring was worrisome.
Bob McIntosh noted the history of the funding of Wildflower Field; suggested the Federal Aviation
Administration wouldn’t repossess the land and that conservation is not a trap. He also noted the
green spaces were what made people want to live here.
Roy Wells spoke regarding the monetization of property, pointing out that the City benefited twice
when selling property for retail use, first with the profits from selling the land and then again with
the taxes collected by the retail establishment. He suggested it was a small price to pay to keep
a buffer of land to separate residences from commercial.
There being no one else wishing to be heard, the public hearing was closed.
Administration clarified differences in the meaning of conservation district in the 2003
Comprehensive Plan and in Kenai Municipal Code. Also noted the original deed pre-dated zoning
codes.
VOTE:
YEA:
NAY: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
MOTION FAILED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
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8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reported on the following meetings:
March 2, 2016:
• Enacted an Ordinance to fund the revisions of the 2003 Comprehensive Plan.
• Also provided a challenge grant for the fire suppression system for the Russian
Orthodox Church.
b. Borough Planning – No report; no meetings.
c. Administration – Kelley reported on the following matters:
• The All Hazard Mitigation Plan required a 5-year update; would be scheduling
meetings to do so.
• Met with the consultant for the Comprehensive Plan Revision; discussed meetings
and developing a process.
11. PERSONS PRESENT NOT SCHEDULED:
Airport Manager M. Bondurant spoke about the process required for projects at the airport; noting
environmental assessments and findings of impact as well as public noticing and public hearings.
She also noted that the airport wanted to be a good neighbor and took impacts of construction
and noise seriously.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 23, 2016
Commissioner Pettey noted she would be absent.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey thanked City Planner M. Kelley and those that testified. She noted she
would like to see the parcels on Lawton Drive to be permanently placed in conservation.
Commissioner Fikes added that she appreciated public comments and the transparency from the
airport manager.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
9:38 p.m.
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Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy Clerk
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MINI-GRANT STEERING COMMISSION
CLERK'S CONFERENCE ROOM
CITY HALL
WEDNESDAY, MARCH 2, 2016 – 4:00 P.M.
CHAIR PAT PORTER, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Mayor Porter called the meeting to order at 4:00 p.m. Roll was confirmed as follows:
Members present: Chair P. Porter, J. Beech, T. Wisniewski, B. Randle
Members absent: M. Bernard
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Member Beech MOVED to approve the agenda and Member Randle SECONDED the motion.
There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – December 12, 2015
MOTION:
Member Beech MOVED to approve the meeting summary of December 12, 2015 with the
adjournment time corrected and Member Wisniewski SECONDED the motion. There were no
objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Review of Mini-Grant Applications for Award
• KCHS – Fish on a Stick
MOTION:
Member Wisniewski MOVED to approve Kenai Central High School’s application and Member
Beech SECONDED the motion. There were no objections. SO ORDERED.
It was noted that the concept was a good idea.
7. ANNOUNCEMENTS – None.
8. ADJOURNMENT
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There being no further business before the Committee, the meeting was adjourned at 4:11 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
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