HomeMy WebLinkAbout2016-06-01 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 1, 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. Administer Oath of Office for Student Representative Mackenzie
Lindeman
4. Agenda Approval
5. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council member so requests,
in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 2890-2016 – Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2016 and Ending June 30, 2017. ....................... Pg. 7
2. Ordinance No. 2891-2016 – Accepting and Appropriating a Grant for
$1,361.94 from the Alaska Police Standards Council for Police Department
Training. ............................................................................................. Pg. 37
3. Ordinance No. 2892-2016 – Amending Title 2-Alcoholic Beverages, to Add
Provisions for Reviewing State Commercial Marijuana Establishment License
Applications and Make Other Housekeeping Changes. ...................... Pg. 39
4. Ordinance No 2893-2016 – Amending Kenai Municipal Code Section
14.20.290 – Appeals – Board of Adjustment, to Allow Board of Adjustment
Hearings to be Held within 45 Days of the Filing of an Appeal Instead of 30
Days. .................................................................................................. Pg. 45
5. Ordinance No. 2894-2016 – Appropriating a Grant from the Federal Aviation
Administration for the Airfield Marking, Signage, and Asphalt Crack Sealing
2015-2016 Project and Awarding a Construction Contract to Lakloey, Inc.
.......................................................................................................... Pg. 49
• Substitute Ordinance No. 2894-2016 ................. Pg. 53
6. Resolution No. 2016-23 – Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2016 and Ending June 30, 2017. ..... Pg. 57
7. Resolution No. 2016-24 – Authorizing the City Manager to Enter into a
Contract with Premera Blue Cross Blue Shield of Alaska to Provide Employee
Health Care to City Employees Effective July 1, 2016. ...................... Pg. 61
8. Resolution No. 2016-25 – Authorizing the City Manager to Renew the City’s
Insurance Coverage with Alaska Public Entity Insurance (APEI) for July 1,
2016 through June 30, 2017 and Amend the Agreement to Remain in the APEI
Program Under Certain Specific Conditions through June 30, 2019. . Pg. 65
9. Resolution No. 2016-26 – Authorizing a Budget Transfer within the General
Fund – City Clerk, City Manager, Legal and Planning Departments for Costs in
Excess of Budgeted Amounts. ........................................................... Pg. 69
10. Resolution No. 2016-27 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes Adopted in the FY2017 Budget to
Implement a Daily Fee for Vehicles Dropping Off Personal Use Fishery
Participants. ....................................................................................... Pg. 73
11. Resolution No. 2016-28 – Authorizing a Budget Transfer within the Vintage
Pointe Enterprise Fund. ..................................................................... Pg. 77
E. MINUTES
1.*Regular Meeting of May 18, 2016
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 81
2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 83
3. *Ordinance No. 2895-2016 – Increasing Estimated Revenues and
Appropriations by $1,000 in the General Fund, Fire Department for a Safety
Grant from the City’s Insurance Carrier, Alaska Public Entity Insurance to
Assist in the Purchase of an Automated External Defibrillator. ............... Pg. 85
Kenai City Council Meeting Page 2 of 5
June 1, 2016
4. *Ordinance No. 2896-2016 – Authorizing Budget Transfers within the General
Fund and Appropriating Funds in the New City Shop and City Hall
Improvements Capital Project Funds. .................................................... Pg. 87
5. *Ordinance No. 2897-2016 – Amending Kenai Municipal Code 13.30.080 –
Operating a Vehicle in a Prohibited Area, to Prohibit Motorized Vehicle Use on
the South Beach from the Newly Constructed Royal Street South to the
Southern Beach Border of the City of Kenai City Limits (Old Cannery Road)
from July 5th to July 31st Each Year. .................................................. Pg. 91
6. *Ordinance No. 2898-2016 – Conditionally Donating Certain Foreclosed City
Owned Property Described as Government Lot 128, Section 31, T6N, R11W
(KPB Parcel No. 04317003) to Kenai Peninsula Housing Initiatives for the
Development of Senior Housing. ....................................................... Pg. 97
7. *Ordinance No. 2899-2016 – Conditionally Donating Certain Foreclosed City
Owned Property Described as an Approximately 1 ½ Acre Parcel to be
Subdivided from a Portion of the 77 Acre More or Less Portion of the SE ¼
Lying East of Mommsen Subdivision Addition No. 2 Section 25, T6N, R12W
(KPB Parcel No. 03901018) to Kenai Peninsula Housing Initiatives for the
Development of Restricted Income Housing. ..................................... Pg. 101
8. *Ordinance No. 2900-2016 – Amending Chapter 4.30-Electrical Code, by
Adopting the 2014 Edition of the National Electrical Code and Making Certain
Clerical Changes. .............................................................................. Pg. 105
9. *Ordinance No. 2901-2016 – Amending Chapter 4.33-International Existing
Building Code, by Adopting the 2012 Edition of the International Existing
Building Code and Making Local Amendments. ................................. Pg. 109
10. *Ordinance No. 2902-2016 – Amending Chapter 4.32-Residential Code, by
Adopting the 2012 Edition of the International Residential Code and Making
Local Amendments. ........................................................................... Pg. 113
11. *Ordinance No. 2903-2016 – Amending Chapter 4.10-International Property
Maintenance Code, by Adopting the 2012 Edition of the International Property
Maintenance Code and Making Local Amendments. ......................... Pg. 123
12. *Ordinance No. 2904-2016 – Determining that Lot 4A, Block 3, Cook Inlet
Industrial Air Park Subdivision, 2014 Replat, Owned by the Airport Outside the
Airport Reserve is Not Needed for a Public Purpose and Authorizing the Sale
of the Parcel to Schilling Rentals, a Partnership Owned by David and Michael
Schilling. ......................................................................................... Pg. 127
13. Action/Approval – Discussion of Proposed KPB Ordinance No. 2016-16
Proposing a Ballot Proposition to Increase the Maximum Amount of a Sale
Kenai City Council Meeting Page 3 of 5
June 1, 2016
Subject to Sales Tax (Sales Tax Cap) from $500 to $1,000 and Exempting
Residential Rents from Sales Tax if the Sales Tax Cap is Increased. Pg. 131
14. Action/Approval – Confirmation of the Mayor’s Nomination of Appointing Dan
O. Pitts to the Airport Commission. .................................................... Pg. 159
15. Action/Approval – Confirmation of the Mayor’s Nomination to Recommend
Jim Glendening for Reappointment to the Kenai Peninsula Borough Planning
Commission. .................................................................................... Pg. 161
16. Action/Approval – Request Sponsorship for Youth Activities at the Kenai
Watershed Forum’s 26th Annual Kenai River Festival. ....................... Pg. 165
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission ........................................................................... Pg. 167
3. Harbor Commission
4. Parks and Recreation Commission .................................................... Pg. 171
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – None Scheduled.
M. PENDING ITEMS – None.
N. ADJOURNMENT
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. KPB Resolution 2016-22 Authorizing the Clerk’s Office to Publish Agendas on
its Website and Other Areas Instead of the Newspaper with the Exception of
Public Hearings.
Kenai City Council Meeting Page 4 of 5
June 1, 2016
3. Correspondence from United Way Expressing Gratitude for the Use of Office
Space.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
Kenai City Council Meeting Page 5 of 5
June 1, 2016
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Sponsored by: Council Member Bookey
CITY OF KENAI
ORDINANCE NO. 2893-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 14.20.290-APPEALS-BOARD OF ADJUSTMENT,
TO ALLOW BOARD OF ADJUSTMENT HEARINGS TO BE HELD WITHIN 45 DAYS OF
THE FILING OF AN APPEAL INSTEAD OF 30 DAYS.
WHEREAS, Kenai Municipal Code Section 14.20.290(f)(1) – Appeals – Board of
Adjustment, currently requires the Board to hold a hearing within 30 days of the filing
of an appeal unless good cause is found; and,
WHEREAS, due to City Council meeting schedules and practices for scheduling Board
hearings, appeals are almost always heard outside the 30 day window; and,
WHEREAS, amending KMC 14.20.290 to allow for appeals to be heard within 45 days
instead of 30 days, without a finding of good cause will make the code more consistent
with actual practices and eliminate the extra step of having to find good cause for each
hearing held outside 30 days; and,
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 14.20.290 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.290 – Appeals–Board of Adjustment, is hereby amended
as follows:
(f) Procedure.
(1) The Board of Adjustment shall ordinarily set a date for and hold a hearing
on all appeals within [THIRTY (30)]forty-five (45) days of the filing of the appeal.
However, should the [THIRTIETH]forty-fifth 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) through (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 interested parties and to all property owners within three hundred
feet (300′) 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.
_____________________________________________________________________________________
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Ordinance No. 2893-2016
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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 1st day of June,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: May 18, 2016
Enacted: June 1, 2016
Effective: July 1, 2016
_____________________________________________________________________________________
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MEMORANDUM
TO: Mayor Porter and Council Members
FROM: Terry Bookey, Council Member
DATE: May 11, 2016
SUBJECT: Ordinance No. 2893-2016, KMC Section, 14.20.290 – BOA Appeals
Kenai Municipal Code Section 14.20.290 – Appeals – Board of Adjustment, currently
requires the Board to hold a hearing within 30 days of the filing of an appeal unless good
cause is found. Hearings are almost never held within 30 days because of Council meeting
schedules and scheduling practices. Amending the code to allow hearings to be held within
45 days of the filing of an appeal without having to find good cause, allows sufficient time
to hold hearing consistent with current practices. Your consideration is appreciated.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.kenai.city
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2897-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 13.30.080 – OPERATING A VEHICLE IN A PROHIBITED
AREA, TO PROHIBIT MOTORIZED VEHICLE USE ON THE SOUTH BEACH FROM THE
NEWLY CONSTRUCTED ROYAL STREET, SOUTH TO THE SOUTHERN BEACH
BORDER OF THE CITY OF KENAI CITY LIMITS (OLD CANNERY ROAD), FROM JULY
5TH TO JULY 31ST EACH YEAR.
WHEREAS, in response to complaints from residents living on the South Beach as well
as to address habitat concerns, management concerns, access issues and safety
concerns, the City has constructed new access on the South Beach to the north of all
private residences to provide participant access to the dip net fishery; and,
WHEREAS, one of the primary issues addressed by the new road is vehicular traffic on
the beach accessing the dip net fishery; and,
WHEREAS, the City currently prohibits vehicular traffic on parts of the North Beach
and South Beach as provided in KMC 13.30.080-Operating a Vehicle in a Prohibited
Area; and,
WHEREAS, the City owns the tidelands on the South Beach, below mean high water,
within City Limits and has the authority to limit vehicle access for the purpose of
protecting property and public health and safety; and
WHEREAS, amending KMC 13.30.080-Operating a Vehicle in a Prohibited Area, to
seasonally prohibit vehicular traffic from the point where Royal Street intersects with
the South Beach, south to where the City limits end on the beach, fulfills the purpose
of the newly constructed access by protecting private property, sensitive beach habitat,
improving public safety and allowing the City to manage its interest involving the dip
net fishery; and,
WHEREAS, limiting the vehicular restriction from July 5th to July 31st, each year,
reduces the majority of the annual vehicular traffic on the applicable section of the
South Beach and addresses the City’s management concerns while still allowing the
public to use the South Beach with vehicles during the remainder of the year with a
greatly reduced impact on property and public health and safety; and,
WHEREAS, KMC 13.20.035-Camping, Fires and Other Activities on City Beaches, allows
the City Manager and Council to extend the vehicular restriction should the dip net
season be extended beyond July 31st.
_____________________________________________________________________________________
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Ordinance No. 2897-2016
Page 2 of 3
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 13.30.080 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 13.30.080 - Operating a Vehicle in a Prohibited Area, is hereby
amended as follows:
13.30.080 Operating a [V]Vehicle in a [P]Prohibited [A]Area.
(a) North Shore.
(1) It is unlawful for any person to operate a motorized vehicle in the area
indicated on the map appended to this chapter, designated as Appendix II, and
made a part thereof, excepting the established roads within the area of beach
road and a portion of Spruce Street and further excepting transit of this
prohibited area entering or leaving at the designated area at the beach road and
directly to the northwest to the westerly boundary of the prohibited area which
may be entered or exited only in the tidal area. City, state or public safety (police,
fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary
for public safety purposes.
(2) Further, specifically prohibited is the operation of a motor vehicle on any
portion of the bluff slope in the area above so designated as prohibited, as is
indicated on the map appended to this chapter, designated as Appendix II, and
made a part thereof.
(3) Operation of motorized vehicles in that portion of the prohibited area
southerly and easterly from the east end of Beach Road may be permitted for the
purpose of working on beached boats and barges provided that a permit is
secured prior to such operation. Applications for such permits shall be filed with
the City Manager or his designated appointee setting forth details as to the work
to be performed and the dates of such performance. The City Manager may issue
such permit, if he finds it reasonable under the circumstances, for a specified
period of time, which may be extended on application showing good cause for
such extension.
(4) Operation of motorized vehicles in that portion of the prohibited area
described in KMC 13.30.080(a) above and entry to such area at a point or points
other than at the natural end of Spruce Street may be permitted for the purpose
of working on the Sewage Treatment Plant and on utility facilities provided that
a permit is secured prior to such operation. Applications for such permits shall
be filed with the City Manager or his designated appointee setting forth details as
to the work to be performed and the dates of such performance, the areas in
which such operations are required and the point or points of entry required to
expedite the work. The City Manager shall condition such permit or permits on
repair or reconditioning of the beach area or bluff and may require a bond in such
amount and with such terms, with or without cash deposit or other surety, as he
_____________________________________________________________________________________
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Ordinance No. 2897-2016
Page 2 of 3
may deem advisable to secure such repair or reconditioning or to reimburse the
City for damages to the areas concerned.
(b) South Shore. It is unlawful for any person to operate a motorized vehicle on the
vegetated area at all times. The area from the intersection of Royal Street and the South
Beach south to the City Limits on the South Beach is also closed to motorized vehicles
from July 5th to July 31st each year. The areas closed to motor vehicles are delineated
by the map appended to this chapter, designated as Appendix II, and made a part
thereof. City, state or public safety (police, fire, ambulance, rescue) vehicles may operate
in the prohibited area if necessary the public safety, maintenance, repair cleaning and
upkeep purposes.
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 15th day of June,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: June 1, 2016
Enacted: June 15, 2016
Effective: July 15, 2016
_____________________________________________________________________________________
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Old Cannery Road
Appendix II13.30.080Operating a Vehiclein a Prohibited Area
No Motorized Vehicles Allowed
No Motorized Vehicles AllowedJuly 5 - July 31 (Unless Extended)
Line of Bluff
Mouth ofKenai River
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2898-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY
DONATING CERTAIN FORECLOSED CITY OWNED PROPERTY DESCRIBED AS
GOVERNMENT LOT 128, SECTION 31, T6N, R11W (KPB PARCEL NO. 04317003) TO
KENAI PENINSULA HOUSING INITIATIVES FOR THE DEVELOPMENT OF SENIOR
HOUSING.
WHEREAS, Kenai Municipal Code 22.05.125, Grant or Devotion, allows the Council, by
Ordinance, to donate foreclosed real property that is no longer needed by the City for a
public purpose, to a non-profit corporation for consideration; agreed upon between the
City and grantee without a public sale if the devotion is advantageous to the City; and,
WHEREAS, Kenai Peninsula Housing Initiatives (KPHI) is a non-profit corporation with
a mission to provide low income, very low income, senior and special needs residents
affordable housing options; and,
WHEREAS, KPHI has identified Government Lot 128, Section 31, T6N, R11W (KPB
Parcel No. 04317003, 1207 Second Avenue) as the desired location to provide Senior
Housing within the City of Kenai; and,
WHEREAS, the referenced property was acquired through tax and/or special
assessment foreclosures in 1987 and was declared as not needed for a public purpose
and available for sale in Ordinance No. 1414-91; and,
WHEREAS, KPHI indicates that lack of senior housing is a leading cause of seniors
leaving the City; and,
WHEREAS, relocating away from family, friends and medical and social support systems
can be especially traumatic for seniors; and,
WHEREAS, the City desires to support senior housing in the community; and,
WHEREAS, donating the subject parcel to KPHI at less than fair market value is in the
best interest of the City, and;
WHEREAS, conditions must be placed on the transfer or condition the transfer to ensure
senior housing is developed or the property is returned to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a non-code ordinance.
_____________________________________________________________________________________
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Ordinance No. 2898-2016
Page 2 of 2
Section 2. That the Kenai City Council hereby authorizes the City Manager to
execute, upon completion of necessary proof of financing for the development, the
transfer of title for the property: Government Lot 128, Section 31, T6N, R11W (KPB
Parcel No. 04317003, 1207 Second Avenue), to Kenai Peninsula Housing Initiatives, Inc.
(KPHI), on a form approved by the City Attorney, for less than fair market value and for
the sole purpose of developing a senior housing facility.
Section 3. That KPHI must complete at its own expense all actions necessary for the
development of the property; and to provide proof of financing sufficient for the project
as prior conditions of the transfer of title; and to pay all closing costs and fees for said
property and consideration to the City for the property.
Section 4. That the Kenai City Council further finds the disposal of the parcel to be
in the best interests of the citizens of the City of Kenai and that the public interest shall
be served by disposing of the property interest for less than the fair market value, in
accordance with the recitals above which are incorporated herein.
Section 5. That the Kenai City Council further finds that if the action items described
herein are not completed by May 26, 2020, the authorization to transfer the land lapses
unless further authorized by the City Council.
Section 6. 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 7. 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 15th day of June,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: June 1, 2016
Enacted: June 15, 2016
Effective: July 15, 2016
_____________________________________________________________________________________
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2899-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY
DONATING CERTAIN FORECLOSED CITY OWNED PROPERTY DESCRIBED AS AN
APPROXIMATELY 1 ½ ACRE PARCEL TO BE SUBDIVIDED FROM A PORTION OF THE
77 ACRE MORE OR LESS PORTION OF THE SE ¼ LYING EAST OF MOMMSEN
SUBDIVISION ADDITION NO. 2 SECTION 25, T6N, R12W (KPB PARCEL NO. 039 010
18) TO KENAI PENINSULA HOUSING INITIATIVE FOR THE DEVELOPMENT OF
RESTRICTED INCOME HOUSING.
WHEREAS, Kenai Municipal Code 22.05.125, Grant or Devotion, allows the Council, by
Ordinance, to donate foreclosed real property that is no longer needed by the City for a
public purpose, to a non-profit corporation for consideration; agreed upon between the
City and grantee without a public sale if the devotion is advantageous to the City; and,
WHEREAS, Kenai Peninsula Housing Initiatives (KPHI) is a non-profit corporation with
a mission to provide low income, very low income, senior and special needs residents
affordable housing options; and,
WHEREAS, KPHI has identified an approximately 1 ½ acre parcel to be subdivided from
a portion of the 77 acre more or less portion of the SE ¼ lying east of Mommsen
Subdivision Addition No. 2 Section 25, T6N, R12W (KPB Parcel No. 03901018) as the
desired location to provide Senior Housing within the City of Kenai; and,
WHEREAS, there is a need for low income housing in the City of Kenai; and,
WHEREAS, the City desires to support low income housing in the community; and,
WHEREAS, donating the subject parcel to KPHI at less than fair market value is in the
best interest of the City, and;
WHEREAS, conditions must be placed on the transfer or condition the transfer to ensure
low income housing is developed or the property is returned to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a non-code ordinance.
Section 2. That the Kenai City Council hereby authorizes the City Manager to
execute, upon completion of a subdivision and necessary proof of financing for the
development, the transfer of title for the property: approximately 1 ½ acre parcel to be
subdivided from a portion of the 77 acre more or less portion of the SE ¼ lying east of
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Ordinance No. 2899-2016
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Mommsen Subdivision Addition No. 2 Section 25, T6N, R12W (KPB PARCEL No.
03901018), to Kenai Peninsula Housing Initiatives, Inc. (KPHI), on a form approved by
the City Attorney, for less than fair market value and for the sole purpose of developing
a income restricted housing.
Section 3. That KPHI must complete at its own expense all actions necessary for the
subdivision and development of the property; and to provide proof of financing sufficient
for the project as prior conditions of the transfer of title; and to pay all closing costs and
fees for said property and consideration to the City for the property.
Section 4. That the Kenai City Council further finds the disposal of the parcel to be
in the best interests of the citizens of the City of Kenai and that the public interest shall
be served by disposing of the property interest for less than the fair market value, in
accordance with the recitals above which are incorporated herein.
Section 5. That the Kenai City Council further finds that if the action items described
herein are not completed by May 26, 2020, the authorization to transfer the land lapses
unless further authorized by the City Council.
Section 6. 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 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: June 1, 2016
Enacted: June 15, 2016
Effective: July 15, 2016
_____________________________________________________________________________________
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Sponsored by: Council Member Navarre
CITY OF KENAI
ORDINANCE NO. 2904-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DETERMINING
THAT LOT 4A, BLOCK 3, COOK INLET INDUSTRIAL AIR PARK SUBDIVISION, 2014
REPLAT, OWNED BY THE AIRPORT OUTSIDE THE AIRPORT RESERVE IS NOT
NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING THE SALE OF THE PARCEL
TO SCHILLING RENTALS, A PARTNERSHIP OWNED BY DAVID AND MICHAEL
SCHILLING.
WHEREAS, the City has received an unsolicited offer to purchase Lot 4A, Block 3, Cook
Inlet Industrial Air Park Subdivision, 2014 Replat (the Property) from the current Lessee;
and,
WHEREAS, the Property is owned by the Airport and located outside the City’s Airport
Reserve; and,
WHEREAS, the City of Kenai received a quitclaim deed from the Federal Aviation
Administration (FAA) on December 1, 1963, to nearly 2,000 acres of land subject to
certain restrictions, including that no property shall be used, leased, sold, salvaged, or
disposed of for reasons other than for airport purposes; and,
WHEREAS, on August 20, 1970, the FAA executed a Deed of Release, for an area of land
subject to the Quitclaim Deed allowing for the lease, sale, or disposal of certain airport
lands by the City; and,
WHEREAS, Lot 4A, Block 3, Cook Inlet Industrial Air Park Subdivision, 2014 Replat is
subject to that Deed of Release; and,
WHEREAS, KMC 21.15.010 – Airport Land Outside of the Airport Reserve, provides that
the City may sell land outside the Airport Reserve when in the judgment of the City
Council, such lands are not required by the City for a public purpose; and,
WHEREAS, the Property is leased to Schilling Rentals and developed for private
commercial use and is not needed for a public purpose; and,
WHEREAS, in private ownership, the property will generate substantially more in
property taxes for the City than under the current lease structure; and,
WHEREAS, KMC 21.15.180 – Sale, allows for a negotiated sale process.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
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Ordinance No. 2904-2016
Page 2 of 3
Section 1. Form: That this is a non-code ordinance.
Section 2. Statement of Ownership: That the City of Kenai is the owner of Lot 4A,
Block 3, Cook Inlet Industrial Air Park Subdivision, 2014 Replat (the Property).
Section 3. Public Purpose and Best Interest Findings: That the Property is not
needed for future public municipal or airport purposes. Under the Airport Layout Plan,
the Property is designated for non-aviation commercial or light-industrial uses. The
sale of the Property is in the best interests of the City and Airport, as it serves a purpose
of continuing commercial growth and investment in the City.
Section 4. Authorization of Sale: That the Kenai City Council hereby authorizes the
City Manager to sell the City-owned lands described as Lot 4A, Block 3, Cook Inlet
Industrial Air Park Subdivision, 2014 Replat, under the procedures and terms
established for the sale of airport lands outside of the Airport Reserve, as set forth in
KMC 21.15.180 et seq. and subject to the following additional essential terms and
conditions of sale:
(a) Prior to any sale, a fair value market appraisal must be completed and the
sale price must be equal to or greater than the appraisal valuation.
(b) The sale will be made through a negotiated sale to Schilling Rentals, a
partnership owned by David and Michael Schilling for a sum not less than
$298,737.00; and,
Section 5. Title: That title shall be conveyed by quitclaim deed. Any instrument
conveying title to the Property shall include the following restrictions, promises, and/or
covenants:
(a) that the City of Kenai reserves unto that the grantee expressly agree for
itself and its heirs, executors, administrators, successors, transferees, and
assigns, for the use and benefit of the public a right of flight for the passage
of aircraft in the airspace above the surface of the Property, together with
the right to cause in said airspace such noise as may be inherent in the
operation of aircraft, now known or hereafter used, for navigation of or
flight in the said airspace, and for use of said airspace for landing on or at
and for taking off from or operating on Kenai Municipal Airport; and,
(b) that the grantee expressly agree for itself and its heirs, executors,
administrators, successors, transferees, and assigns to restrict the height
of structures, objects of natural grown, and other obstructions on the
Property to a height of not more than 242 feet above mean sea level; and,
(c) that the grantee expressly agree for itself and its heirs, executors,
administrators, successors, transferees, and assigns to prevent any use of
the Property which would interfere with landing or taking off of aircraft at
the Kenai Municipal Airport, or otherwise constitute an airport hazard;
and,
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Ordinance No. 2904-2016
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(d) that all covenants heretofore stated shall run with the land and shall inure
to the benefit of, and be binding upon the heirs, executors, administrators,
successors, transferees, and assigns of the parties to the contract for sale
and conveyance.
Section 6. Proceeds of Sale: That should a sale of the Property be finalized, all
revenues from the sale shall be deposited in the Airport Land Sale Permanent Fund for
use in the development, improvement, and operation of the Kenai Municipal Airport and
as otherwise required in that Deed of Release recorded on November 19, 1973 at Book
74, Pages 325-327, Kenai Recording District.
Section 7. 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 15th day of June,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: June 1, 2016
Enacted: June 15, 2016
Effective: July 15, 2016
_____________________________________________________________________________________
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MEMO:
TO: Mayor and City Council Members
FROM: Sandra Modigh, City Clerk
DATE: May 25, 2016
SUBJECT: Airport Commission Vacancy
The Airport Commission currently has a vacancy due to the resignation of Larry Porter.
The seat vacated by Mr. Porter was an at-large seat, pursuant to KMC 21.20.030 (e).
Dan O. Pitts has submitted an application expressing interest in filling the vacancy and
completing Porter’s term expiring December 2018.
A committee/commission vacancy shall be filled by nomination of the Mayor and
confirmation by the Council (KMC 1.90.010).
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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KENAI AIRPORT COMMISSION
MAY 12 , 2016 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
VICE CHAIR JAMES ZIRUL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER AND ROLL CALL
Vice Chair Zirul called the meeting to order at 6:10 p.m. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
K. Dodge, P. Minelga, J. Zirul, J. Bielefeld
G. Feeken, C. Henry
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 an order of special
business and Commissioner Minelga SECONDED the motion. There were no objections; SO
ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. April 14, 2016
MOTION:
Commissioner Minelga MOVED to approve the meeting summary of April 14, 2016, and
Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. City Planner M. Kelley – Comprehensive Plan
City Manager R. Koch reported that several public meetings would be taking place in the near
future.
b. City Manager R. Koch – FY17 Budget
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Airport Commission
May 12, 2016
Page 2 of 3
City Manager R. Koch reported that Council would introduce the budget ordinance on May 18 and
that a goal was to keep the Airport’s fund balance above $5 million.
5. UNFINISHED BUSINESS
a. Discussion – Master Plan
Airport Manager M. Bondurant reported that all members of the Technical Advisory Committee
had submitted their comments to the consultants and were being reviewed.
b. Discussion/Recommendation – Unmanned Aircraft Systems (drones)
Airport Manager M. Bondurant reported that they would be developing an information packet
addressing proper procedures and requirements and would be reaching out to the local hobby
shop.
6. NEW BUSINESS
a. Action/Approval – Revision to Agenda Order
Airport Manager M. Bondurant noted she had received suggestions to change the order of the
agenda to include adding “Roll Call” as item 1.B., and adding “Persons Not Scheduled to Be
Heard” after “Persons Scheduled to be Heard.”
MOTION:
Commissioner Zirul MOVED to approve the suggested agenda order; Commissioner Bielefeld
SECONDED the motion. There were no objections; SO ORDERED.
b. Action/Approval – Reddi Towing & Salvage Special Use Permit
It was noted that Reddi Towing & Salvage requested renewal of their Special Use Permit to be
used as an impound lot.
MOTION:
Commissioner Minelga MOVED to approve the Special Use Permit renewal to Reddi Towing;
Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED.
c. Action/Approval – Award of Car Rental Concessions
It was noted that there were two successful bidders.
MOTION:
Commissioner Minelga MOVED to recommend approval of the car rental concessions;
Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED.
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Airport Commission
May 12, 2016
Page 3 of 3
7. REPORTS
a. Airport Manager – reported on the following:
• Working on grants for airport improvement projects
• Provided an update on the bids for current projects
• Reported on the runway safety meeting
• Reported that two staff members would be attending an airfield lighting seminar
b. City Council Liaison – reported on the actions at the May 4 Council meeting.
8. NEXT MEETING ATTENDANCE NOTIFICATION – June 9, 2016.
Kimberly Dodge noted she would be absent.
9. COMMISSIONER COMMENTS AND QUESTIONS – None.
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:29 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
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KENAI PARKS & RECREATION COMMISSION
MAY 5, 2016
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
VICE CHAIR CHARLIE STEPHENS, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Vice Chair Stephens called the meeting to order at 7:00 p.m. Roll was confirmed as follows:
Commissioners present: C. Stephens,J. Halstead, N. Widmayer, D. Barth, M. Lindeman, T.
Wisniewski
Commissioners absent: A. Hull
Staff/Council Liaison present: Parks & Rec Staff Director B. Frates, Council Liaison Bob Molloy
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner W idmayer MOVED to approve the agenda; Commissioner Barth SECONDED the
motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. April 7, 2016
It was noted that Commissioner Stephens was absent from the meeting and that the minutes
should reflect that Halstead made the motion where Stephens name was.
MOTION:
Commissioner Halstead MOVED to approve the meeting summary of April 7, 2016 with
corrections and Commissioner Widmayer SECONDED the motion. There were no objections;
SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Katie Watkins – Kenaitze Indian Tribe – Playground Renovation Update
Katie Watkins, grant writer for Kenaitze Indian Tribe noted that the tribe had preliminary
discussions with Mayor Porter regarding revitalizing Old Town Park. She reported that the Tribe
is interested in taking on the project and seeking donor funds adding that it would likely take a
year or more to complete and that the Tribe and City would be discussing how best to approach
the project so that it was a park the entire community could be proud of.
5. PERSONS PRESENT NOT SCHEDULED – None
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Parks and Recreation Commission Meeting
May 5, 2016
Page 2
6. UNFINISHED BUSINESS – None
7. NEW BUSINESS
a. Parliamentary Procedure and Alaska’s Open Meetings Act Training by City
Clerk Sandra Modigh and City Attorney Scott Bloom.
City Clerk S. Modigh presented information regarding Parliamentary Procedure and Open
Meetings Act and provided a time for questions and answers.
8. REPORTS
a. Parks and Recreation Director – Frates reported on the following:
• Horticultural operations
• Spring clean-up week May 9-14
• Sign refurbishment around town
• Multi-use facility use
• Town carnival scheduled for June 3-5
• Miscellaneous grants
b. Commission Chair – No report.
c. City Council Liaison- Council Member Molloy reported on miscellaneous
Council actions, including a report on the City’s FY17 budget proceedings and
timelines.
9. NEXT MEETING ATTENDANCE NOTIFICATION – June 2, 2016
It was noted that Commissioner Barth would be absent.
10. COMMISSION QUESTIONS & COMMENTS – None.
11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None.
12. INFORMATION – None.
13. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:50 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
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I
I
I
Introduced by:
Date:
Action:
Vote:
KENAI PENINSULA BOROUGH
M,SOLUTJON 2016-022
Gilman
04/19/16
Adopted
9 Yes, 0 No, 0 Absent
A RESOLUTION AUTHORIZING THE CLERK'S OFFICE TO PUBLISH AGENDAS
FOR ASSEMBLY MEETINGS ON THE KENAI PENINSULA BOROUGH HOME
PAGE INSTEAD OF USING NEWSPAPERS, IN ADDITION TO CONTINUING
OTHER CURRENT POSTINGS AT VARIOUS PUBLIC OFFICES THROUGHOUT
THE BOROUGH
WHEREAS, historically the borough clerk's office has published the full agenda for each
assembly meeti:tig in newsp~pers Of general circulation in the borough the week
before each ~:~.sseffi.p~y meeting; and
WHEREAS, the average cost of this publication was $1360 per meeting for Fiscal Year 2016;
and
WHEREAS, Alaska Statutes only require that summaries of ordinances be published in
newspapers at least five days before public hearing on the ordinance which is
estimated to cost $600 per meeting in FY20 1 7; and
WHEREAS, most members of the public appear to use the borough webpage to obtain
information aboiit upqoming assem.bly meetings; ap,d
WHEREAS, providing notice to the public of upcoming agendas via the internet and public
posting throughout the borough instead of by printed newspapers will save the
borough significant costs; and
WHEREAS, continuing to make available printed versions of the agenda at the borough clerk's
office, borough annexes, city offices, and post offices in the borough as well as by
other means will ensure tho~e Without internet acces~ 9.an remain informed of
pendJng assembly ageri.d~s;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. A link to the agenda for upcoming assembly meetings shall be posted no later
than the close of business the Tuesday preceding each assembly meeting by the
clerk's office on the home page of the Kenai Peninsula Borough web page.
Additionally, the clerk's office shall deliver by email or other appropriate
methods copies of the upcoming assembly agenda to the following:
Kenai Peninsula Borough, Alaska Resolution 2016-022
Page 1 of2
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1. The clerk's office for each incorporated city in the borough to be posted for 10 1 days;
2. The borough's annex offices to be posted for 10 days;
3. The post offices for all post offices in the borough for posting;
4. Individual subscribers requesting this service.
SECTION 2. That this resolution takes effect immediately upon its adoption.
ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS
19TH DAY OF APRIL, 2016.
~~---
Blaine Gilman, Assembly President
ATTEST:
Yes: Bagley, Cooper, Dunne, Holmdahl, Johnson, Knopp, Ogle, Welles, Gilman
No: None
Absent: None
Resolution 2016-022
Page2 of2
Kenai Peninsula Borough, Alaska
I
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KENAI PENINSULA BOROUGH
Kenai Peninsula Borough Assembly
144 North Binkley Street
Soldotna, AK 99669
Phone 907-714-2160
Fax 907-714-2388 ·
MEMORANDUM
TO: Kenai Peninsula Borough Assembly Members
FROM: Blaine Gilman, Assembly President
DATE: April 7, 2016
Blaine Gilman, Assembly President
Brent Johnson, Vice President
RE: Resolution 2016-(/L"}_, A Resolution Authorizing the Clerk's Office to Publish Agendas
for Assembly Meetings on the Kenai Peninsula Borough Home Page Instead of Using
Newspapers, in Addition to Continuing Other Current Postings at Various Public
Offices Throughout the Borough (Gilman)
The clerk's office has historically published copies of the full assembly agenda in newspapers in
the borough at least five days before each assembly meeting day. This is not required by law
and is becoming increasingly expensive.
In recent years it has become apparent that most people now obtain information about
upcoming assembly meetings through the borough web page. The information posted on that
web page about upcoming assembly meetings is far more complete than the agenda in the
newspaper.
This resolution authorizes the clerk to post agendas for upcoming assembly meetings on the
borough website instead of publishing them in newspapers. The clerk will continue to provide
copies to various public offices throughout the borough for posting. Additionally, if members of
the public would like copies ofthe agenda delivered to them by mail, that is a service offered by
the clerk's office which will continue.
The clerk's office is required by law to publish in newspapers of general circulation in the
borough summaries of all ordinances at least five days prior to hearing and will continue with
that practice. For FY16 the average cost of publishing the full agenda of each assembly meeting
was $1,360. It is estimated that the cost of publishing summaries of ordinances scheduled for.
hearing-in FY2017 will be $600 per assembly meeting. Projected annual savings is estimated at
$15,000.
Your approval of this resolution would be appreciated.
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