HomeMy WebLinkAbout2016-04-20 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 20, 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. Presentation of Colors by Cub Scout Pack No. 152.
3. National Anthem by Kenai Central High School Student Olivia Brewer.
4. Roll Call
5. Agenda Approval
6. 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. 2016-15 – Consenting to the Vacation of Certain Rights-of-
Way, Utility Easements and Drainage Easements and Consenting to the
Acceptance of Certain Rights-of-Way and Utility Easements as Set Forth on
the Plat of Dragseth Subdivision 2016 Addition, which is Attached here to as
Exhibit “A”. .............................................................................................. Pg. 5
2. Resolution No. 2016-16 – Awarding an Agreement for Construction of Water
System Improvements 2015-2016 Reservoir #2. ................................... Pg. 33
E. MINUTES
1. *Regular Meeting of April 6, 2016
F. UNFINISHED BUSINESS
1. Resolution No. 2016-10 – Confirming the Assessment Roll on the VIP Drive
Lid Street Improvement Special Assessment District. ........................... Pg. 35
Kenai City Council Meeting Page 2 of 4
April 20, 2016
[Clerk’s Note: At its April 6 meeting, Council postponed the Resolution to the
April 20 meeting. 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.]
• Substitute Resolution No. 2016-10 [Clerk’s Note: Council May
Suspend the Rules to Allow Public Testimony on the Substitute
Resolution as there are Substantial Proposed Amendments.]
................................................................................................... Pg. 43
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 47
2. *Ordinance No. 2886-2016 – Accepting and Appropriating Funds Forfeited to
the Kenai Police Department. ................................................................ Pg. 49
3. *Ordinance No. 2887-2016 – Accepting and Appropriating a Grant from the
Federal Aviation Administration for the Small Taxiways and Aircraft Tiedown
Rehabilitation 2015-2016 Project and Awarding a Construction Contract to
Knik Construction Company, Inc. .......................................................... Pg. 51
4. Action/Approval – Scheduling a Board of Adjustment Hearing for an Appeal
Filed by Thomas H. Wagoner on the Variance Granted by the Planning and
Zoning Commission for the Construction of Four-Plex on a Lot within the Rural
Residential Zone, which is Approximately 18,295 Square Feet in Size where
20,000 Square Feet is Required; Located at 240 Fern Street, Otherwise Known
as Lot 4, Block 2, Thompson Park Subd. Addn. No. 1. .......................... Pg. 55
5. Action/Approval – Authorizing a Special Use Permit to Provide Office Space
in the Fire Training Building to Kenai Peninsula United Way. ................. Pg. 59
6. Action/Approval – Authorizing an Amendment of the Special Use Permit to
Hilcorp Alaska, LLC to Allow Additional Vehicle Parking at the Kenai Airport.
.............................................................................................................. Pg. 69
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
Kenai City Council Meeting Page 3 of 4
April 20, 2016
1. City Manager ......................................................................................... Pg. 85
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – To Discuss an Unsolicited Offer to Purchase Airport
Property Lot 4A, Cook Inlet Industrial Air Park 2014 Replat, According to Plat 2014-
21, 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
1. 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.
2. 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.
3. 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.
4. 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.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Migratory Bird Treaty Centennial, 100 Years of Bird Conservation in Alaska,
1916-2016.
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
Kenai City Council Meeting Page 4 of 4
April 20, 2016
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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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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Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 2016-10 (SUBSTITUTE)
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING AN
AMENDED ASSESSMENT ROLL ON THE VIP DRIVE LID STREET IMPROVEMENT
SPECIAL ASSESSMENT DISTRICT.
WHEREAS, on May 20, 2014 the City Council passed Resolution 2014-37, setting a date
for holding a public hearing on the proposed VIP Drive Special Assessment District; and,
WHEREAS, on July 16, 2014 the City Council passed Resolution 2014-50, directing the
continuation of the project and designating the improvements to be included and
directing the City Manager to file an assessment roll with the City Clerk; and,
WHEREAS, on February 3, 2016 the Council passed Resolution 2016-04, setting the time
and place for a public hearing on the assessment district; and,
WHEREAS, at the public hearing held on March 16, 2016 public testimony indicated some
property owners may not have received all the required notices, though publication was
also made in the Peninsula Clarion; and,
WHEREAS, after the public hearing and postponement of Resolution 2016-10, meetings
were held with affected property owners and administration supports the proposal of the
property owners to reduce the special assessment cost to $2,660 per property with an
interest rate of zero for the first five years if one parcel is owned or ten years if two parcels
are owned by the same owner; and,
WHEREAS, the City Council finds it to be in the best interest of the City given the
particular circumstances of this Special Assessment District to amend the Assessment
Roll to reflect the assessment proposal provided by the property owners and supported by
the Administration; and,
WHEREAS, a public hearing has been held on the final assessment roll for the VIP Drive
LID Street Improvement Special Assessment District; and,
WHEREAS, Council found the amended assessment roll to be proper.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1: That the amended assessment roll attached to this Resolution is
confirmed by the Council.
Section 2: That assessments as identified on the assessment roll shall be levied
against the properties in the Assessment District and are to be used to repay the General
Fund.
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Section 3: That payments shall be fixed over a five to ten-year payment schedule
with no interest the first five to ten years as follows: a ten percent (10%) annual rate of
interest will apply if timely payments are not made after five years for single lot owners
and ten years for owners owning two or more lots. Assessments of less than $5,000 shall
be repaid in five (5) equal annual installments and assessments of $5,000 or more shall be
repaid in ten (10) equal annual installments. If a property owner owns more than one lot
in an improvement district, the total assessment of all lots shall determine the repayment
schedule. The first annual installment would be due on July 1, 2016.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April,
2016.
_______________________________________
PAT PORTER, MAYOR
ATTEST:
______________________________________
Sandra Modigh, CMC
City Clerk
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Memorandum:
TO: Mayor and Council Members
FROM: Sandra Modigh, City Clerk
City of Kenai
DATE: April 15, 2016
RE: Appeal of Planning and Zoning Commission Action Granting a Variance for the
Construction of Four-Plex on a Lot within the Rural Residential Zone, which is
Approximately 18,295 Square Feet in Size where 20,000 Square Feet is
required; Located at 240 Fern Street, Otherwise Known as Lot 4, Block 2,
Thompson Park Subd. Addn. No. 1.
An application to appeal the above-referenced matter was received on April 7, 2016.
KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides,
(1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on
all appeals within thirty (30) days of the filing of the appeal. However, should the
thirtieth day fall on a weekend or a municipal holiday, the hearing may be
scheduled for the next following weekday which is not a municipal holiday under
KMC 23.40.020(a)(1)-(10) and (b). For good cause, the Board of Adjustment
may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of
the time and place of such hearing shall be mailed to all parties interested and to
all property owners within 300 feet of the property involved at least fifteen (15)
days prior to the hearing. Notices to the appellant and/or applicant for the action
or determination must be sent by certified mail, return receipt requested.
Please set a Board of Adjustment hearing for the above-referenced matter using the following
information:
THIRTY-DAY END DATE May 7, 2016 (Saturday)
Move to Monday, May 9, 2016
COUNCIL MEETING DATE (within 30-day
requirement)
Wednesday, May 4, 2016
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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Pursuant to KMC 14.20.290 referenced above, the City is required to provide notice of the
hearing at least fifteen (15) days prior to the hearing. As such, to comply with the notice
requirements and conduct the hearing with the 30 day time period, the hearing must be
scheduled on Friday, May 6 as Council has a special meeting scheduled on Monday, May 9 to
conduct evaluations. Please note that if the hearing is scheduled on Friday, May 6, in order to
comply with Code and provide notification within 15 days, notice would need to be mailed no
later than Thursday, April 21, which is exactly 15 days prior to May 6. KMC 14.20.290 allows for
an extension, “For good cause, the Board of Adjustment may hold the hearing up to sixty (60)
days after the filing of the appeal.”
/SM/
SIXTY-DAY END DATE Monday, June 6, 2016
COUNCIL MEETING DATE(S) (within 60-day
requirement)
Wednesday, May 4, 2016
Wednesday, May 18, 2016
Wednesday, June 1, 2016
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SPECIAL USE PERMIT 2016
The CITY OF KENAI (City) grants to Kenai Peninsula United Way , a non- profit
corporation (Permittee), whose address is 508 S. Willow Street Kenai AK 99611, a Special
Use Permit to occupy office space at 450 Daubenspeck Circle Kenai AK 99611 subject to
the requirements and the conditions set forth below.
1. Premises. Permittee shall have the non-exclusive right to use Office A as described
in the attached Exhibit A for the uses identified in this Permit.
2. Term. The term of this Permit shall be for 12 months commencing on May 1 , 2016,
and ending on April 30, 2017. Regardless of the date of signature, this Permit shall be
effective as of May 1, 2016.
3. Permit Fees. Permittee shall pay the following fees for the privileges extended to
Permittee under this Permit: $1 per month
Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo
Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport
Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees
are payable in advance of each month unless otherwise provided. In the event of
delinquency, interest at the rate of ten percent (10%) per annum, and penalty of ten percent
(10%) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the
date paid in full. Failure to timely make payments is grounds for termination of this Permit.
(See ¶ 22, Termination).
4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the
following purpose(s):
OFFICE SPACE FOR NONPROFIT OPERATION. NOTE: This permit does not
guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to
re-assign Permittee, upon reasonable notice, to other areas.
This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may
not be transferred or assigned.
Use of the Premises by Permittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
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Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code
and as those laws and regulations may be amended from time to time.
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
5. Insurance. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Permittee. Where specific limits are stated, the limits are the
minimum acceptable limits. If Permittee’s insurance policy contains higher limits, City is
entitled to coverage to the extent of the higher limits.
A. Commercial General Liability insurance, including premises, all operations,
property damage, personal injury and death, broad-form contractual, with a per-
occurrence limit of not less than $1,000,000 combined single limit. The policy must
name the City as an additional insured.
B. Worker’s compensation insurance with coverage for all employees engaged in
work under this Permit or at the Premises as required by AS 23.30.045. Permittee is
further responsible to provide worker’s compensation insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1,000,000 combined
single limit per occurrence. This insurance must cover all owned, hired, and non-
owned motor vehicles the Permittee uses on the Airport. The policy must name the
City as an additional insured.
D. All insurance required must meet the following additional requirements:
i. All policies will be by a company/corporation currently rated “A-” or
better by A.M. Best.
ii. Permittee shall submit to the City proof of continuous insurance
coverage in the form of insurance policies, certificates, endorsements,
or a combination thereof, and signed by a person authorized by the
insurer to bind coverage on its behalf.
iii. Permittee shall request a waiver of subrogation against City from
Permittee’s insurer and the waiver of subrogation, where possible,
shall be provided at no cost to City.
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iv. Provide the City with notification at least thirty (30) days before any
termination, cancellation, or material change in insurance coverage of
any policy required hereunder.
v. Evidence of insurance coverage must be submitted to City by May 1,
2016. The effective date of the insurance shall be no later than May
1, 2016.
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee
shall submit to City evidence of insurance coverage that meets the requirements of the City.
6. Assumption of Risk. Permittee assumes full control and sole responsibility as
between Permittee and City for the activities of Permittee, its personnel, employees, and
persons acting on behalf of or under the authority of the Permittee anywhere on the
Premises. Permittee shall provide all proper safeguards and shall assume all risks incurred
in its activities on the Premises and its exercise of the privileges granted in this Permit.
7. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees,
and volunteers from and against all actions, damages, costs, liability, claims, losses,
judgments, penalties, and expenses of every type and description, including any fees and/or
costs reasonably incurred by the City’s staff attorneys and outside attorneys and any fees
and expenses incurred in enforcing this provision (hereafter collectively referred to as
“Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities
are caused by or result from any negligent act or omission or willful misconduct of the
Permittee in connection with or arising from or out of Permittee’s activities on or use of
the Premises. This shall be a continuing obligation and shall remain in effect after
termination of this Permit.
8. No Discrimination. Permittee shall not discriminate against any person because of
the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes
the right of City to take any action necessary to enforce this requirement of the Permit.
Permittee will furnish services provided under this Permit on a reasonable, and not unjustly
discriminatory, basis to all users of the Airport and shall charge reasonable, and not
unjustly discriminatory, prices for each product or service provided at the Airport.
9. Licenses and Permits. Permittee shall obtain and maintain all required federal,
state, and local licenses, certificates, and other documents required for its operations under
the Permit. Permittee shall provide proof of compliance to City upon request by the City.
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10. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities
conducted under this Permit, is subject to all executive orders, policies and operational
guidelines and all applicable requirements of federal, state, and City statutes, ordinances,
and regulations in effect during the term of this Permit. This Permit is subordinate to the
City’s grant assurances and federal obligations.
11. No Exclusivity. The privileges granted under this Permit are not exclusive to
Permittee.
12. Assignment. The privileges granted under this Permit are personal to Permittee and
may not be assigned by Permittee.
13. No Joint Venture. City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises.
14. No Waiver. Failure to insist upon a strict compliance with the terms, conditions,
and requirements herein contained, or referred to, shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms, conditions, or requirements.
15. Personalty. Permittee shall remove any and all personal property, including all
vehicles, from the Premises at the termination of this Permit (or any renewal thereof).
Personal property placed or used upon the Premises will be removed and/or impounded by
the City, if not removed upon termination of this Permit and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon the payment
to the City of the costs of removal plus storage charges of $25.00 per day. The City of
Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its
customers.
16. Termination; Default. This Permit may be terminated by either party hereto by
giving thirty (30) days advance written notice to the other party. City may terminate the
Permit immediately, or upon notice shorter than thirty (30) days, to protect public health
and safety or due to a failure of Permittee to comply with condition or term of this Permit
which failure remains uncured after notice by City to Permittee providing Permittee with a
reasonable time period under the circumstances to correct the violation or breach
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CITY OF KENAI UNITED WAY
By: By:
Rick R. Koch Date Date
City Manager
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____ day of _____________, 2016, the foregoing
instrument was acknowledged before me by RICK R. KOCH, City Manager, of the City of
Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____ day of ______________, 2016, the foregoing
instrument was acknowledged before me by __________, ___________, Kenai Peninsula
United Way, on behalf of the Kenai Peninsula United Way.
Notary Public for Alaska
My Commission Expires:
Approved as to form:
___________________
Scott Bloom
City Attorney
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MEMO:
TO: Mayor Porter and City Council
FROM: Vice-Mayor Gabriel
DATE: March 30, 2016
SUBJECT: United Way need for Temporary Office Space
The purpose of this action/approval item is to request that City Council discuss and
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.
Over the past several years the United Way has experienced a significant decrease in
contributions utilized to support local non-profit organizations.
The United Way presently provides funding to not only City operations, but to a number
of other organizations providing services in the City of Kenai, Please find a
representative listing below:
1. Kenai Senior Center
2. Boys & Girls Club
3. Kenai Peninsula Food Bank
4. Civil Air Patrol
5. Boy Scouts
6. Girl Scouts
7. Love Inc.
8. Frontier Community Services
9. Leeshore Center
10. Cook Inlet Council on Alcohol and Drug Abuse
The upper level of the Fire Training Building has a number of vacant office spaces. In
the past the City has allowed, under a special use permit, non-profit organizations such
as the Arctic Winter Games to occupy one or more of these areas for as little as one-
dollar per year. These Special Use Permits included the stipulation that the permits
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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could be cancelled at the sole discretion of the City of Kenai with 30 days notice. The
United Way would only need the use of a single office.
The services funded by the United Way Organization enhance the quality of life for
many residents of the City of Kenai and the surrounding area.
Thank you for your attention in this matter.
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MARCH 23, 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
Staff/Council Liaison present: City Planner M. Kelley, City Attorney S. Bloom, Police Chief, G.
Sandahl, Deputy Clerk J. Heinz, Planning Assistant W. Anderson,
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:
2.a. Minutes – March 9, 2016.
• Remove from the agenda
6.a. PZ16-09
• Correspondence from Citizens
• Pictures of the subject property
6.b. PZ16-06
• Correspondence from Citizens
• Pictures of the subject property
• Memo from the City Planner
MOTION:
Commissioner Peterson MOVED to approve the agenda including the removals/additions to the
agenda/packet; Commissioner Fikes SECONDED the motion. There were no objections; SO
ORDERED.
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d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda; 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.
e. *Excused Absences – Glenese Pettey.
2. *APPROVAL OF MINUTES: March 9, 2016
[Clerk’s Note: This item was removed at approval of the agenda.]
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ16-09 – Application for a Variance Permit for the construction of Four-Plex on a lot
within the Rural Residential Zone, which is approximately 18,295 square feet in size
where 20,000 square feet is required. Located at 240 Fern Street, otherwise known
as Lot 4, Block 2, Thompson Park Subd. Addn. No. 1. The application was submitted
by the Kevin and Jessica Stearns, 108 S. Tinker Lane, No. 4, Kenai, Alaska 99611
City Planner Kelley reviewed his staff report, reviewing the conditions that are to exist as a
prerequisite to issuance of a variance permit and recommending approval of the variance with
the following conditions:
• Compliance with all Federal, State, and Local regulations
• Prior to obtaining a building permit, applicant must submit a Landscape Site Plan
• Applicant must obtain a Building Permit prior to beginning construction
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-09 with staff recommendations
and Commissioner Focose SECONDED the motion.
Chairman Twait opened the public hearing.
Sydney Ayer spoke against the variance noting traffic concerns, decrease to property values, and
his desire to keep the neighborhood single-family residential.
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Elizabeth Brennan spoke against the variance noting that the neighborhood consisted mostly of
single-family residences; stated she did not want transient neighbors in the neighborhood, and
noted the blind corner from Lupine Drive onto Fern Street.
Rosie Thompson spoke against the variance noting that she had lived in the neighborhood most
of her life and that it was her grandfather that subdivided the property and had intended the
properties be used for single-family residences. She also noted the blind corner from Lupine
Drive onto Fern Street and suggested that the lot is too small for a 4-plex.
Nancy Meiers spoke against the variance suggesting the parcel was too small for a 4-plex and
noted there were approximately ten duplexes in the neighborhood. She echoed previous
comments regarding the blind corner and pointed out that she couldn’t see enough space for
dumpster location in relation to garages.
Mike Burcholz spoke against the variance suggesting more land be purchased, and a negative
impact to property values.
Phillip Smith spoke against the variance suggesting transient residents use drugs and pointed out
that a marijuana store was also under consideration across highway
Barb and BJ Elder spoke against the variance noting safety concerns, pointing out that neighbors
had not changed in many years. They also noted that there were duplexes in neighborhood and
that allowing a 4-plex would create noticeably more traffic in the neighborhood.
Arnold W agaman spoke in favor of the variance, noting that he sold the applicants the property
believing they could build a 4-plex. He also pointed out that the blind corner had not been a
problem in 18 years and that the variance was only required because the lot was 1,070 square
feet too small, which was smaller than a house.
Jessica Stearns spoke in favor of the variance noting that when they purchased the property, they
thought they could build a 4-plex, and had plans drawn up by an architect, but learned later that
they needed a variance. She also noted that she respected the fears of the neighbors and
assured they would be selective landlords and keep the property well maintained. She pointed
out that when they moved to Kenai, they had a hard time finding a nice place to live and noted
the shortage in rental properties. Finally, she suggested that a road condition that they were
unable to resolve should not stop their building plans.
There being no one else wishing to be heard, the public hearing was closed.
Commissioner Peterson stated that because of the controversy within the neighborhood, he would
not support the variance.
Commissioner Fikes stated that due to the concerns regarding parking and the condensed small
area, she would not support the variance
Commissioner Twait noted that the traffic concerns were not on the lot itself, pointed out that the
lot only needed to be ten feet wider and that the variance was proper for consideration and would
support the variance.
Commissioner Springer echoed Commissioner Twait’s comments and added that if the plans
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were for a duplex, the variance would be easily approved. He noted he would support the
variance.
Commissioner Glendening noted the different zoning, which allowed only single-family
residences, was across the street and would support the variance.
Planning Director M. Kelley noted that public works could look at the streets and be reviewed to
alleviate safety concerns.
Commissioner Focose noted that with the safety precautions addressed, he was in favor of the
variance.
VOTE:
YEA: Glendening, Focose, Twait, Springer
NAY: Peterson, Fikes
MOTION PASSED.
Commission Chair Twait noted the 15-day appeal period.
b. PZ16-06 – Application for a Conditional Use Permit to operate an approximately 400-
square-foot Retail Marijuana Store and an approximately 860-square-foot Marijuana
Cultivation Facility, Standard, within an existing approximately 2,256-squre-foot
commercial building; located on the property known as 5455 Kenai Spur Highway, Lot
6A1, Thompson Park 2013 Replat, KPB Parcel No. 04907032. Application submitted
by: Roger Boyd, 37095 Kalifornsky Beach Road, Kenai, Alaska 99611
City Planner Kelley reviewed his staff report noting the review criteria that must be satisfied prior
to issuance of a conditional use permit and recommending approval with the following conditions:
• Development of the property shall conform to all Federal, State and Local Regulations
• A Landscape Site Plan be submitted and approved prior to issuance of the Building Permit
• Construction of an 8’ Cedar fence along western and southwestern property lines prior to
final inspection of Building Permit
• Prior to operations, owners shall comply with any and all regulations stipulated by the
Alaska Marijuana Control Board.
• Prior to installation of any new signs, a sign permit shall be submitted and approved.
• Annual reports to City.
Additionally, he noted the following revised recommended conditions,
• Plant trees on southern portion of lot.
• Rebuild the 8-foot cedar fence as a “good neighbor” fence in which both sides were
aesthetically pleasing.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ16-06 and Commissioner Focose
SECONDED the motion.
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Chairman Twait opened the public hearing.
Christine Cook spoke against the Conditional Use Permit noting her home was adjacent to the
property and had lived there when the property was a quick stop and liquor store where she dealt
with trash, onsite liquor consumption, trespassers, theft of personal property, and attempted theft
of the store. She also noted that she provided daycare to her grandchildren in the home and had
obtained a business license in the event she wanted to increase the daycare business. She
suggested there would be an increase in traffic and trespassers if the property was allowed to be
used as a marijuana cultivation and retail facility, and finally, she pointed out that the code
prohibits Commercial Marijuana Establishments as Home Occupations in order to preserve the
character, health, and safety of neighborhoods, and that the proposed establishment was thirteen
feet away from her home and residential zone.
John and Mary White spoke against the Conditional Use Permit, noting they had thirteen
grandchildren and did not want them viewing a marijuana retail store in the neighborhood. Also
suggested the business was not appropriate in a largely residential area and that property values
would be affected. They also noted the problems getting vehicles turned around that miss the
Eagle Rock boat launch and feared the marijuana establishment would compound the problem.
Phillip Smith spoke against the Conditional Use Permit noting the separation between zones
being just a fence. He also noted that as his time as a police officer in Knoxville, he saw property
devalued by drugs and pulled drivers over for smoking marijuana because the odor could be
smelled when they passed by; suggested that the odor from growing marijuana would be worse.
He also pointed out that the establishment’s proximity to the bike path was dangerous.
Eric Derleth, partner in the ownership group, explained they had developed a website
encouraging comments and feedback, to include complaints from neighbors, which had been
online for several months and pointed out that the business license for the daycare had been
purchased on February 26, 2016.
Nancy Meiers spoke against the Conditional Use Permit; stated she did not want a marijuana
store in her neighborhood as it would devalue homes and increase traffic and crime.
Mike Burcholz spoke against the Conditional Use Permit, pointed out marijuana has side effects
just as alcohol and other drugs do. He suggested negative impacts would stem from the
establishment to the area around it and negatively affect property values.
Roger Boyd, partner in the ownership group, spoke in favor of the Conditional Use Permit, stating
that they wanted to work with their closest neighbors to ensure minimal impact and an
improvement over the former liquor store. He noted he could understand the objection to legal
cannabis due to the paradigm change. He pointed out that the industry would be one of the most
closely watched industries in the state, is highly regulated and recorded with security cameras.
Finally, he stated the group is committed to engaging in the business in the most responsible way
possible and thanked the Planning and Zoning Commission and the Administration for taking it
on the task of creating regulations to allow it in the community.
Megan Green spoke against the Conditional Use Permit, noting drugs should be kept away from
children and that profits from drugs were not more important than children. She stated she had
two small children and lived in a multi-generational home adjacent to the proposed establishment.
She suggested the industry would damage the public’s safety and welfare, would increase crime
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in neighborhoods, and decrease property values. She further stated that one of her children was
home-schooled in the home and felt her child should be afforded the same protection as those
that went to a public school. Finally, she read a portion of code from the City of Boulder, Colorado
and pointed out that marijuana was still considered a federal drug.
Britton Cook spoke against the Conditional Use Permit, noted he owned a property adjacent to
the proposed establishment and would have sold it if he had known a marijuana establishment
was being considered. He stated he was concerned about his grandchildren after the trespassing
and other crime from the previous liquor store. He also stated that there was still not an effective
way to prove a driver was impaired by cannabis.
Mark Tyler spoke in favor of the Conditional Use Permit noting he was heavily involved in the
legislative process for legalization and that it is a scary project for an entrepreneur. He stated he
believed the marijuana industry would give adults a better choice than using prescriptions, alcohol
and other drugs and pointed out that adults purchased liquor with kids present and the industry
would protect children by minimizing the black market. He further stated the owners and
managers of the proposed marijuana establishment intended to have continued open dialogue
with property owners, and community stake-holders by providing for patrolling parks, logging
complaints, trash clean-up, and data tracking to provide data. He added that the business model
would never allow for onsite consumption, called for redundant employee training protocol, and
would combat loitering. Finally, he stated the group’s intent was to see their business model as
a sound model for a high-end establishment employing eight to ten people, serving thirty to fifty
customers per day with zero tolerance for inappropriate behavior.
Ron Isaacs spoke in favor of the Conditional Use Permit, noting that he had worked in construction
for many years and those co-workers that smoked marijuana got in less trouble than those that
drank alcohol. He also stated that legislation had been introduced to change the classification of
marijuana from a Schedule I drug.
Elizabeth Brennan spoke against the Conditional Use Permit noting she wasn’t against marijuana
establishments, but was against them being adjacent to neighborhoods. She suggested there
would be negative aspects to the store being in a neighborhood such as people going into the
woods within the neighborhood to use the marijuana. She stated she recognized marijuana could
be helpful for some that used it for medicinal purposes and pointed out that it was still a mind
altering drug and people made poor choices to get it. Finally, she stated she didn’t want her
neighborhood to be a trial location and that it was a technicality that that the proposed property
wasn’t a residence as there were homes all around it.
Barbara Patrick spoke against the Conditional Use Permit and echoed Ms. Brennan’s comments.
She stated she cared less about marijuana and more about the single-family residences that
surrounded the proposed establishment.
There being no one else wishing to be heard, the public hearing was closed.
City Attorney S. Bloom explained that the adjacent daycare did not trigger a separation distance
requirement and that he would review separation distance regulations in regards to the adjacent
home being used as a homeschool. He also pointed out that city gets two opportunities to
comment on marijuana establishments, first in considering the Conditional Use Permits and
second when the Marijuana Control Board notified the City and requested comments.
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City Planner M. Kelley provided definitions from code for different types of schools.
MOTION:
Commissioner Fikes MOVED to postpone PZ16-06 to the April 13, 2016 meeting to allow for more
public testimony, allowing for any and all to testify, and further deliberation; Commissioner Focose
SECONDED the motion. There were no objections; SO ORDERED.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt noted that due to the late meeting, he was
available to answer questions regarding City Council actions; there were no questions
asked of him.
b. Borough Planning – Commissioner Glendening noted the following from the March 14
Borough Planning Commission and Platting Committee meetings:
• Four plats were approved
• One time extension request was granted
• A Conditional Use Permit for a gravel pit was approved
• A resolution was adopted for the donation of land near Anchor Point
• Continued work on an ordinance revising local option zoning.
c. Administration – Kelley provided a reminder for the Town Hall meeting on March 26
regarding the kickoff for the Comprehensive Plan revision.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: April 13, 2016
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Glendening thanked Chariman Twait for his patience in giving everyone a chance
to talk and ask questions; also suggested a site visit.
Administration was thanked for putting together the marijuana package.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 10:38
p.m.
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Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy Clerk
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