HomeMy WebLinkAbout2016-07-06 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
JULY 6, 2016, 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council member so requests,
in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. 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. 5
2. Ordinance No. 2905-2016 – Increasing Estimated Revenues and
Appropriation and Authorizing a Budget Transfer in the Vintage Pointe
Enterprise Fund and Awarding a Contract for a Resident (On-Site)
Maintenance Manager for the Vintage Pointe, Congregate Housing Facility.
.............................................................................................................Pg. 9
3. Resolution No. 2016-31 – Opposing Kenai Peninsula Borough Ordinance
2016-25 as Introduced, which Proposes to Reduce Borough Planning
Commission Membership and Eliminate the Designated Seat for the City of
Kenai. ...................................................................................................Pg. 13
4. Resolution No. 2016-32 – Approving a Policy for the Sale of Ten Specific
Airport Owned Leased Lands with Substantial Constructed Leasehold
Improvements. ......................................................................................Pg. 17
5. Resolution No. 2016-33 – Awarding an Agreement to Peninsula Pumping, Inc.
for Portable Restrooms and Dumpster Service during the 2016 Personal Use
Fishery. .................................................................................................Pg. 23
6. Resolution No. 2016-34 – Cancelling the July 20, 2016 Regularly Scheduled
City Council Meeting. ............................................................................Pg. 25
E. MINUTES
1.*Regular Meeting of June 15, 2016 .........................................................Pg. 27
2.*Special Meeting of June 16, 2016 ..........................................................Pg. 43
3.*Regular Meeting of May 18, 2016
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ...............................................Pg. 45
2. *Action/Approval – Purchase Orders Exceeding $15,000. ..................Pg. 47
3. *Ordinance No. 2906-2016 – Appropriating Transfers for FY2017 Budgeted
Capital Projects in the Municipal Roadway Improvements Capital Project Fund,
the Parks Improvement Capital Project Fund, the Kenai Recreation Center
Improvements Capital Project Fund, and the Kenai Senior Center
Improvements Capital Project Fund. ....................................................Pg. 51
4. Action/Approval – Special Use Permit to Pacific Star Seafood for a Fish Haul.
.............................................................................................................Pg. 55
5. Action/Approval – Consent to Assignment of Restaurant Concession
Agreement from PS241, LLC, d/b/a Odie’s to Double O Express, LLC. Pg. 67
6. Action/Approval – Consent to Sublease by the City of Kenai, for Sublease
from SOAR International Ministries, Inc. to North Air, Inc. for the Parcel Known
as Lot 3, Block 1, General Aviation Apron – 125 FBO Road. ................Pg. 75
7. Action/Approval – Schedule a Board of Adjustment Hearing for an Appeal
Filed by Ronald and Deniece Isaacs, Appealing the Decision of the Planning
and Zoning Commission to Deny a Conditional Use Permit for a Marijuana
Retail Store and Limited Cultivation Located at 11888 Kenai Spur Highway,
Swanson Square #3, Kenai, AK. ...........................................................Pg. 83
8. Action/Approval – Recruitment Process for Hiring a City Manager. ....Pg. 87
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging ..................................................................................Pg. 95
Kenai City Council Meeting Page 2 of 3
July 6, 2016
2. Airport Commission ..............................................................................Pg. 97
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission ........................................................Pg. 99
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. .. Pg. 105
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
Kenai City Council Meeting Page 3 of 3
July 6, 2016
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Sponsored by: Council Member Knackstedt
CITY OF KENAI
RESOLUTION NO. 2016-31
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING KENAI
PENINSULA BOROUGH ORDINANCE 2016-25 AS INTRODUCED, WHICH PROPOSES
TO REDUCE BOROUGH PLANNING COMMISSION MEMBERSHIP AND ELIMINATE
THE DESIGNATED SEAT FOR THE CITY OF KENAI.
WHEREAS, the City of Kenai has the largest population of any city in the Borough,
exceeding 12.5% of the total Borough population according to estimated 2015 census
data; and,
WHEREAS, the Cities of Kenai has traditionally held a seat on the Borough’s Planning
Commission allowing the City to provide input and weigh in on important development
and economic activities, inside and outside its boundaries, that affect the City; and,
WHEREAS, City representatives on the Borough Planning Commission can provide
knowledge on local practices, comprehensive plans, capital plans and laws; and,
WHEREAS, Borough Ordinance 2016-25, as introduced, proposes to not only reduce
the number of Planning Commission Members from 13 to 9, but also to
disproportionately reduce the representation of the Cities of Kenai, Soldotna, Homer and
Seldovia, in what appears to be an arbitrary fashion; and,
WHEREAS, the Ordinance proposes to provide the City of Seward a designated seat
representing over 10% of the Planning Commission composition, while Seward’s
population is less than 5% of the Borough’s population and requires Soldotna and Kenai
to share a seat even though Kenai’s population exceeds 12.5% of the Borough’s and the
two municipalities have a combined population in excess of 20% of the Borough
population; and,
WHEREAS, the Ordinance does not provide any process for cities to share seats, which
could lead to a representative from one city holding the seat for numerous or indefinite
terms preventing the other city sharing the seat from ever having representation; and,
WHEREAS, the School Board and Assembly having nine members does not provide
support to the Ordinance’s proposed allocation of seats; and,
WHEREAS, while Planning Commissioners review land use regulations throughout the
Borough, specific representation on the Planning Commission for municipalities and
population centers is important as evidenced by the Alaska Statute 29.40.020 which
sets out a specific apportionment based on population inside and outside cities within
the Borough.
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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Resolution No. 2016-31
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. That the City Council of Kenai opposes Kenai Peninsula Borough
Ordinance 2016-25 as introduced and recommends the Kenai Peninsula Borough
Assembly make no changes to KPB 2.40.010 at this time, or in the alternative, adopt an
apportionment method for Planning Commission membership that fairly represents the
interest of Kenai and other municipalities and population centers in the Borough.
Section 2. That a copy of this Resolution be forwarded to the Kenai Peninsula
Borough Assembly and Mayor Navarre.
Section 3. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of July,
2016.
_______________________________________
PAT PORTER, MAYOR
ATTEST:
______________________________________
Sandra Modigh, City Clerk
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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MEMORANDUM
TO: Mayor Porter and Council Members
FROM: Henry Knackstedt, Council Member
DATE: June 29, 2016
SUBJECT: Resolution No. 2016-31
Assembly Member Brent Johnson introduced an Ordinance before the Kenai Peninsula
Borough Assembly that proposes to amend the Borough’s code by reducing the number of
Borough Planning Commission Members from thirteen to nine. The Ordinance proposes
to do this by requiring Kenai and Soldotna to share a seat, as well as requiring Homer and
Seldovia to share a seat, while granting Seward its own spot. The Ordinance provides that
the Borough Mayor would select a candidate from either Kenai or Soldotna and Homer or
Seldovia. Kenai has traditionally held a seat on the Borough’s Planning and Zoning
Commission and I believe that having representation of the City on the Commission is very
important to the City. I believe Mr. Johnson’s proposed Ordinance arbitrarily designates
seats on the Commission given that Kenai compromises over 12.5% of the Borough’s
population, while Seward is the fourth largest City in Borough population wise, with less
than 5% of the Borough population but gets a designated seat representing over 10% of the
Commission.
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: Councilor Navarre
CITY OF KENAI
RESOLUTION NO. 2016-34
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CANCELLING
THE JULY 20, 2016 REGULARLY SCHEDULED CITY COUNCIL MEETING.
WHEREAS, pursuant to Charter Section 2-6, a meeting may be cancelled by a majority
of council members for any reason as long as at least twenty regular meetings are held
each calendar year and at least once a month; and,
WHEREAS, Kenai Municipal Code 1.10.040(c) states the Council may cancel or
reschedule a regular meeting during the calendar year for any reason by a majority
vote on a resolution, as long as the Council complies with the minimum requirements
for regular meetings; and,
WHEREAS, Council adopted Resolution No. 2015-67 establishing the 2016 dates for
regular meetings which included cancellation of the second meeting scheduled in
November and December; and,
WHEREAS, Charter’s requirement of at least twenty regular meetings per calendar
year would be met if the July 6, 2016 meeting is cancelled in addition to the second
meeting in November and December that have already been cancelled; and,
WHEREAS, cancellation of this meeting recognizes a lack of agenda items for the
second meeting in July and allows for council members, administration and the public
time to participate in summer activities without missing City business.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Effective Date: That pursuant to KMC 1.15.080(b), this resolution shall
take effect upon final passage.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of July
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, CMC
City Clerk
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KENAI CITY COUNCIL – REGULAR MEETING
JUNE 15, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR PAT PORTER, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on June 15, 2016, in City Hall Council
Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 6:00 p.m.
1. Pledge of Allegiance
Mayor Porter led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Pat Porter, Mayor Robert Molloy
Henry Knackstedt Tim Navarre
Terry Bookey Brian Gabriel, Vice Mayor
Mike Boyle
A quorum was present.
Also in attendance were:
**Mackenzie Lindeman, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Jamie Heinz, Deputy Clerk
3. Agenda Approval
Mayor Porter noted the following revisions to the agenda and packet:
Add to item D. 1 Ordinance No. 2897-2016
• Memo from City Planner and revised map
Add to items D.4
And D.5 Ordinance No. 2898-2016 and Ordinance No. 2899-2016
• Written Presentation from Steven L. Rouse, Kenai Peninsula
Housing Initiatives, Inc.
• Memo from City Planner
• Possible Partial Subdivision Drawing
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City of Kenai Council Meeting Page 2 of 16
June 15, 2016
Add to item J. 1 City Manager’s Report
• Fire Department Mid-month Report
• Parks & Recreation Department Mid-month Report
Remove Item E.1. Minutes
• Regular Meeting of May 18, 2016.
Move Item D. 10
To the first item under
Public Hearings Resolution No. 2016-29
MOTION:
Council Member Molloy MOVED to approve the agenda with requested revisions to the agenda
and packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED
the motion.
VOTE: There being no objections, SO ORDERED.
Council Member Boyle joined the meeting at 6:01 pm.
4. Consent Agenda
MOTION:
Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS
CONSENT. Council Member Knackstedt SECONDED the motion.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
*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.
Terry Eubank was commended for his achievement of excellence in financial reporting.
B. SCHEDULED PUBLIC COMMENTS
C. UNSCHEDULED PUBLIC COMMENTS
Council Member Bookey joined the meeting at 6:04 p.m.
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City of Kenai Council Meeting Page 3 of 16
June 15, 2016
Dorothy Gray thanked the City for providing a matching funds grant in the amount of $20,000
noting that the donations received had exceeded the match requirement and that the church was
about $5,000 away from being able to proceed with the $330,000 fire suppression system project.
D. PUBLIC HEARINGS
[Clerk’s Note: This item was moved to this point in the meeting at approval of the agenda.]
10. Resolution No. 2016-29 – Authorizing a Budget Transfer within the General Fund to
Provide a Matching Grant for Restoration of a Historical City of Kenai Fire Truck.
MOTION:
Council Member Kanckstedt MOVED to adopt Resolution No. 2016-29 and the motion was
SECONDED by Council Member Gabriel.
Mayor Porter opened the public hearing.
John Williams noted the individuals and businesses that donated funding and labor to the
restoration project and thanked the City of Kenai for considering support for the project.
Jim Glendening thanked Mayor Williams for bringing the project to life; noted that he was proud
to contribute to the restoration; noted he had an appreciation for properly working equipment.
There being no one else wishing to be heard, public comment was closed.
It was clarified that the 1941 fire truck was owned by the City of Kenai and that it was a part of
the City’s history; there were very few pieces of tangible history in the city. It was suggested that
due to the effort put forth by the citizens, it was appropriate for the City to match some of the
funds.
It was pointed out that significant funding and labor donations had been contributed; that funding
for the matching grant was coming from unspent FY16 funds, and funding had been removed
from the FY17 budget.
It was noted that while the efforts were appreciated for the worthwhile historical project, the City
should not be contributing and that the funds would go back into the general fund if not spent.
It was noted that the Council was the representatives of the public’s money and had the public
objected, consideration would have been given to the objection, but that wasn’t the case.
VOTE:
YEA: Knackstedt, Gabriel, Porter, Navarre
NAY: Bookey, Molloy, Boyle
** Student Representative Lindeman: YEA
MOTION PASSED.
1. 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
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City of Kenai Council Meeting Page 4 of 16
June 15, 2016
Insurance Carrier, Alaska Public Entity Insurance to Assist in the Purchase of an
Automated External Defibrillator
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2895-2016 and the motion was
SECONDED by Council Member Gabriel.
Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment
was closed.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Molloy, Boyle, Navarre
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
2. 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.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2896-2016 and the motion was
SECONDED by Councilor Bookey.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Molloy, Boyle, Navarre
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
3. 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.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2897-2016 and the motion was
SECONDED by Councilor Navarre.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
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City of Kenai Council Meeting Page 5 of 16
June 15, 2016
It was clarified that signage would be ordered, advertising would be accomplished in Anchorage
to notify users, and the City’s Facebook page would also be used to get the information out
regarding the road closures. It was further clarified that the City Manager had authorization to
change the dates, without needing another code change, if there were changes to the dates of
the dipnet fishery in the future. It was noted that access to the wetlands was prohibited year round.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Molloy, Boyle, Navarre
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
4. 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.
MOTION:
Council Member Navarre MOVED to enact Ordinance No. 2898-2016 and the motion was
SECONDED by Councilor Boyle.
Mayor Porter opened the public hearing.
Mary Dubee spoke against the ordinance noting that she didn’t think selling land for less than
appraised value was allowed and that it was far more advantageous to the City to sell. She also
suggested subdividing and making two properties available from the property on Redoubt Drive.
She added that she would like to see all properties be sold and not donated.
Brandi McGee, Kenai Peninsula Housing Initiative (KPHI) Associate Director, noted that the
property was being requested because of its close access to amenities that seniors needed.
Dan McKernon noted that there was an application in process for a marijuana store within 600
feet of the property, yet it was nearly a mile to the nearest grocery store. He suggested that both
projects be placed on Redoubt Drive.
Bob Peters spoke against the ordinance noting that donating wasn’t necessarily for his
betterment; noted anyone given land would be grateful for it. Suggested both projects be built on
the same property on Redoubt Drive and sell the property identified in this ordinance.
There being no one else wishing to be heard, the public hearing was closed.
MOTION TO AMEND:
Council Member Gabriel MOVED to amend by striking the third and fourth whereas clauses and
inserting the property description as described in Ordinance No. 2899-2016 and the motion was
SECONDED by Councilor Knackstedt.
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City of Kenai Council Meeting Page 6 of 16
June 15, 2016
Clarification was provided that the public had been notified that the property noted in the
Ordinance would be the topic of discussion; it was suggested that if amending the property
description that the matter be postponed to the next meeting, or amend the ordinance listed as
the next item of business.
The motion to amend was rescinded with concurrence with the second.
There was discussion regarding location of the property relevant to accessibility. It was noted
that the projects were positive for the community; gratitude was expressed that KPHI was looking
at Kenai for future projects.
VOTE:
YEA:
NAY: Knackstedt, Bookey, Gabriel, Boyle, Navarre Porter, Molloy
** Student Representative Lindeman: NAY
MOTION FAILED .
5. 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.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2899-2016 and the motion was
SECONDED by Councilor Boyle.
Mayor Porter opened the public hearing.
Mary Dubee spoke against the ordinance, clarified that she supported elders, but questioned
whether donation of the property qualified as public purpose; noted the senior and assisted living
facilities already available; encouraged conditions be put into place such as proof of grants and
building plans before signing the property over.
Brandi McGee, Kenai Peninsula Housing Initiative (KPHI) Associate Director, spoke in favor of
the ordinance noting that Kenai officials reached out to KPHI to develop projects for senior and
restricted income housing; pointed out that their agency needed site control in order to apply for
grants; also noted that their agency receives many calls looking for senior and restricted income
housing in the Kenai area and they have to refer the callers to Soldotna. She also pointed out
that KPHI is breaking ground on a project in Seward this year.
There being no one else wishing to be heard, the public hearing was closed.
Administration provided suggested amendments to make two parcels of property available, one
for each project, on the property noted in the ordinance.
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City of Kenai Council Meeting Page 7 of 16
June 15, 2016
MOTION:
Council Member Knackstedt MOVED to amend the ordinance as indicated in the manager’s notes
creating two 1.25 acre parcels for income restricted and senior housing and the motion was
SECONDED by Councilor Molloy. UNANIMOUS CONSENT was requested.
City Attorney S. Bloom read into the record that the ordinance would be amended to read as
follows: “An ordinance of the Council of the City of Kenai, Alaska, conditionally donating certain
foreclosed city owned property described as two approximate 1 ¼ acre parcels 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 and 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 an approximate 1 ¼ 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 Low Income Senior Housing within the City of Kenai; and, whereas,
there is a need for low income and senior housing in the City of Kenai; and, whereas, the City
desires to support low income housing in the community; and, whereas, donating the subject
parcels 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 and
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. 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 properties: two approximate 1 ¼ acre parcels 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, Inc. (KPHI), on a form approved by the City Attorney, for less than fair market
value and for the sole purpose of developing income restricted and senior housing. Section 3.
That KPHI must complete at its own expense all actions necessary for the subdivision and
development of the properties; and to provide proof of financing sufficient for the projects as prior
conditions of the transfer of title; and to pay all closing costs and fees for said properties and said
consideration to the City for the properties. Section 4. That the Kenai City Council further finds
the disposal of the parcels 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 properties 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 lands lapses unless further authorized by the
City Council.” It was noted that sections six and seven remained unchanged.
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VOTE: There were no objections; SO ORDERED.
Gratitude was expressed that KPHI was looking at Kenai for development projects; it was noted
that there was an understanding that though it was in one ordinance that two 1.25 acre parcels
were being donated, one for each project and each project standing on its own.
It was noted that the property being offered for the senior housing project was not the parcel KPHI
requested.
MOTION TO AMEND:
Council Member Boyle MOVED to amend the ordinance by removing the third whereas clause in
its entirety and the motion was SECONDED by Councilor Bookey. UNANIMOUS CONSENT was
requested.
VOTE: There were no objections; SO ORDERED.
It was noted that when other properties had been donated, there had been a clause providing that
the City be reimbursed in the event of a land sale.
There was discussion regarding placing additional restrictions on the agency; it was suggested
that a timeframe on the condition be added at the point that the City benefitted from the projects.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend the ordinance by adding a sentence to the last
whereas clause that read, “In the event of a land sale, the value of the property shall be
reimbursed to the City if the sale occurs within twenty years.” and the motion was SECONDED
by Councilor Molloy.
MOTION TO AMEND THE AMENDMENT:
Council Member Molloy MOVED to amend the amendment by inserting where appropriate “sale
to a for profit entity,” and the motion was SECONDED by Councilor Knackstedt.
VOTE ON THE AMENDMENT TO THE AMENDMENT:
YEA: Bookey, Gabriel, Knackstedt, Boyle, Molloy
NAY: Porter, Navarre
** Student Representative Lindeman: NAY
MOTION PASSED.
MOTION TO AMEND THE AMENDMENT:
Council Member Gabriel MOVED to amend the amendment by inserting the words “after transfer
to KPHI,” after the words “twenty years,” and the motion was SECONDED by Councilor Boyle.
VOTE ON THE AMENDMENT TO THE AMENDMENT:
YEA: Knackstedt, Bookey, Gabriel, Porter, Molloy, Boyle, Navarre
Page 34 of 105
City of Kenai Council Meeting Page 9 of 16
June 15, 2016
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
VOTE ON THE AMENDED AMENDMENT:
YEA: Bookey, Gabriel, Knackstedt, Molloy, Porter, Navarre
NAY: Boyle
** Student Representative Lindeman: YEA
MOTION PASSED.
It was noted that the property shouldn’t be donated, but sold for assessed value as donation was
not in the best interest of the City.
It was pointed out that every community in Alaska had a homeless problem and that it was up to
the communities to make impacts on the homeless problem to keep it from growing.
It was further noted that transferring City properties was a difficult process; the property had been
identified for donation for a similar project in the past that wasn’t able to acquire financing;
conditions would be attached; the property wouldn’t be donated if conditions were not met.
It was also pointed out that KPHI’s properties were well managed and maintained and they would
be an asset to the community.
VOTE ON THE MAIN MOTION:
YEA: Knackstedt, Gabriel, Porter, Molloy, Boyle, Navarre
NAY: Bookey
** Student Representative Lindeman: YEA
MOTION PASSED.
6. 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.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2900-2016 and the motion was
SECONDED by Councilor Gabriel.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Bookey, Boyle, Navarre, Gabriel, Porter, Molloy
NAY:
** Student Representative Lindeman: YEA
Page 35 of 105
City of Kenai Council Meeting Page 10 of 16
June 15, 2016
MOTION PASSED UNANIMOUSLY.
7. 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.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2901-2016 and the motion was
SECONDED by Councilor Molloy.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Bookey, Boyle, Navarre, Gabriel, Porter, Molloy
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
8. Ordinance No. 2902-2016 – Amending Chapter 4.32-Residential Code, by Adopting
the 2012 Edition of the International Residential Code and Making Local Amendments.
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 2902-2016 and the motion was
SECONDED by Councilor Molloy.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
It was clarified that some sections had been deleted; some changes had been made relevant to
the location of the City; other states were making similar changes.
VOTE:
YEA: Knackstedt, Bookey, Boyle, Navarre, Gabriel, Porter, Molloy
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
9. 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.
Page 36 of 105
City of Kenai Council Meeting Page 11 of 16
June 15, 2016
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2903-2016 and the motion was
SECONDED by Councilor Knackstedt.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Bookey, Boyle, Navarre, Gabriel, Porter, Molloy
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
10. Resolution No. 2016-29 – Authorizing a Budget Transfer within the General Fund to
Provide a Matching Grant for Restoration of a Historical City of Kenai Fire Truck.
[Clerk’s Note: This item was moved to the first item under Public Hearings at approval of the
agenda.]
11. Resolution No. 2016-30 – Authorizing an Agreement with Copper River Seafoods,
Inc. to Dispense Fuel at the Kenai Boating Facility.
MOTION:
Council Member Gabriel MOVED to adopt Resolution No. 2016-30 and the motion was
SECONDED by Councilor Knackstedt. UNANIMOUS CONSENT was requested.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections; SO ORDERED.
E. MINUTES
1.*Regular Meeting of May 18, 2016
[Clerk’s Note: This item was removed at Approval of the Agenda.]
2.*Regular Meeting of June 1, 2016
Minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS
1. 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
Page 37 of 105
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 15, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR PAT PORTER, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on June 15, 2016, in City Hall Council
Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 6:00 p.m.
1. Pledge of Allegiance
Mayor Porter led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Pat Porter, Mayor Robert Molloy
Henry Knackstedt Tim Navarre
Terry Bookey Brian Gabriel, Vice Mayor
Mike Boyle
A quorum was present.
Also in attendance were:
**Mackenzie Lindeman, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Jamie Heinz, Deputy Clerk
3. Agenda Approval
Mayor Porter noted the following revisions to the agenda and packet:
Add to item D. 1 Ordinance No. 2897-2016
• Memo from City Planner and revised map
Add to items D.4
And D.5 Ordinance No. 2898-2016 and Ordinance No. 2899-2016
• Written Presentation from Steven L. Rouse, Kenai Peninsula
Housing Initiatives, Inc.
• Memo from City Planner
• Possible Partial Subdivision Drawing
Page 27 of 105
City of Kenai Council Meeting Page 2 of 16
June 15, 2016
Add to item J. 1 City Manager’s Report
• Fire Department Mid-month Report
• Parks & Recreation Department Mid-month Report
Remove Item E.1. Minutes
• Regular Meeting of May 18, 2016.
Move Item D. 10
To the first item under
Public Hearings Resolution No. 2016-29
MOTION:
Council Member Molloy MOVED to approve the agenda with requested revisions to the agenda
and packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED
the motion.
VOTE: There being no objections, SO ORDERED.
Council Member Boyle joined the meeting at 6:01 pm.
4. Consent Agenda
MOTION:
Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS
CONSENT. Council Member Knackstedt SECONDED the motion.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
*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.
Terry Eubank was commended for his achievement of excellence in financial reporting.
B. SCHEDULED PUBLIC COMMENTS
C. UNSCHEDULED PUBLIC COMMENTS
Council Member Bookey joined the meeting at 6:04 p.m.
Page 28 of 105
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 15, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR PAT PORTER, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on June 15, 2016, in City Hall Council
Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 6:00 p.m.
1. Pledge of Allegiance
Mayor Porter led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Pat Porter, Mayor Robert Molloy
Henry Knackstedt Tim Navarre
Terry Bookey Brian Gabriel, Vice Mayor
Mike Boyle
A quorum was present.
Also in attendance were:
**Mackenzie Lindeman, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Jamie Heinz, Deputy Clerk
3. Agenda Approval
Mayor Porter noted the following revisions to the agenda and packet:
Add to item D. 1 Ordinance No. 2897-2016
• Memo from City Planner and revised map
Add to items D.4
And D.5 Ordinance No. 2898-2016 and Ordinance No. 2899-2016
• Written Presentation from Steven L. Rouse, Kenai Peninsula
Housing Initiatives, Inc.
• Memo from City Planner
• Possible Partial Subdivision Drawing
Page 27 of 105
City of Kenai Council Meeting Page 2 of 16
June 15, 2016
Add to item J. 1 City Manager’s Report
• Fire Department Mid-month Report
• Parks & Recreation Department Mid-month Report
Remove Item E.1. Minutes
• Regular Meeting of May 18, 2016.
Move Item D. 10
To the first item under
Public Hearings Resolution No. 2016-29
MOTION:
Council Member Molloy MOVED to approve the agenda with requested revisions to the agenda
and packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED
the motion.
VOTE: There being no objections, SO ORDERED.
Council Member Boyle joined the meeting at 6:01 pm.
4. Consent Agenda
MOTION:
Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS
CONSENT. Council Member Knackstedt SECONDED the motion.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
*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.
Terry Eubank was commended for his achievement of excellence in financial reporting.
B. SCHEDULED PUBLIC COMMENTS
C. UNSCHEDULED PUBLIC COMMENTS
Council Member Bookey joined the meeting at 6:04 p.m.
Page 28 of 105
City of Kenai Council Meeting Page 3 of 16
June 15, 2016
Dorothy Gray thanked the City for providing a matching funds grant in the amount of $20,000
noting that the donations received had exceeded the match requirement and that the church was
about $5,000 away from being able to proceed with the $330,000 fire suppression system project.
D. PUBLIC HEARINGS
[Clerk’s Note: This item was moved to this point in the meeting at approval of the agenda.]
10. Resolution No. 2016-29 – Authorizing a Budget Transfer within the General Fund to
Provide a Matching Grant for Restoration of a Historical City of Kenai Fire Truck.
MOTION:
Council Member Kanckstedt MOVED to adopt Resolution No. 2016-29 and the motion was
SECONDED by Council Member Gabriel.
Mayor Porter opened the public hearing.
John Williams noted the individuals and businesses that donated funding and labor to the
restoration project and thanked the City of Kenai for considering support for the project.
Jim Glendening thanked Mayor Williams for bringing the project to life; noted that he was proud
to contribute to the restoration; noted he had an appreciation for properly working equipment.
There being no one else wishing to be heard, public comment was closed.
It was clarified that the 1941 fire truck was owned by the City of Kenai and that it was a part of
the City’s history; there were very few pieces of tangible history in the city. It was suggested that
due to the effort put forth by the citizens, it was appropriate for the City to match some of the
funds.
It was pointed out that significant funding and labor donations had been contributed; that funding
for the matching grant was coming from unspent FY16 funds, and funding had been removed
from the FY17 budget.
It was noted that while the efforts were appreciated for the worthwhile historical project, the City
should not be contributing and that the funds would go back into the general fund if not spent.
It was noted that the Council was the representatives of the public’s money and had the public
objected, consideration would have been given to the objection, but that wasn’t the case.
VOTE:
YEA: Knackstedt, Gabriel, Porter, Navarre
NAY: Bookey, Molloy, Boyle
** Student Representative Lindeman: YEA
MOTION PASSED.
1. 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
Page 29 of 105
City of Kenai Council Meeting Page 3 of 16
June 15, 2016
Dorothy Gray thanked the City for providing a matching funds grant in the amount of $20,000
noting that the donations received had exceeded the match requirement and that the church was
about $5,000 away from being able to proceed with the $330,000 fire suppression system project.
D. PUBLIC HEARINGS
[Clerk’s Note: This item was moved to this point in the meeting at approval of the agenda.]
10. Resolution No. 2016-29 – Authorizing a Budget Transfer within the General Fund to
Provide a Matching Grant for Restoration of a Historical City of Kenai Fire Truck.
MOTION:
Council Member Kanckstedt MOVED to adopt Resolution No. 2016-29 and the motion was
SECONDED by Council Member Gabriel.
Mayor Porter opened the public hearing.
John Williams noted the individuals and businesses that donated funding and labor to the
restoration project and thanked the City of Kenai for considering support for the project.
Jim Glendening thanked Mayor Williams for bringing the project to life; noted that he was proud
to contribute to the restoration; noted he had an appreciation for properly working equipment.
There being no one else wishing to be heard, public comment was closed.
It was clarified that the 1941 fire truck was owned by the City of Kenai and that it was a part of
the City’s history; there were very few pieces of tangible history in the city. It was suggested that
due to the effort put forth by the citizens, it was appropriate for the City to match some of the
funds.
It was pointed out that significant funding and labor donations had been contributed; that funding
for the matching grant was coming from unspent FY16 funds, and funding had been removed
from the FY17 budget.
It was noted that while the efforts were appreciated for the worthwhile historical project, the City
should not be contributing and that the funds would go back into the general fund if not spent.
It was noted that the Council was the representatives of the public’s money and had the public
objected, consideration would have been given to the objection, but that wasn’t the case.
VOTE:
YEA: Knackstedt, Gabriel, Porter, Navarre
NAY: Bookey, Molloy, Boyle
** Student Representative Lindeman: YEA
MOTION PASSED.
1. 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
Page 29 of 105
City of Kenai Council Meeting Page 4 of 16
June 15, 2016
Insurance Carrier, Alaska Public Entity Insurance to Assist in the Purchase of an
Automated External Defibrillator
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2895-2016 and the motion was
SECONDED by Council Member Gabriel.
Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment
was closed.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Molloy, Boyle, Navarre
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
2. 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.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2896-2016 and the motion was
SECONDED by Councilor Bookey.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Molloy, Boyle, Navarre
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
3. 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.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2897-2016 and the motion was
SECONDED by Councilor Navarre.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
Page 30 of 105
City of Kenai Council Meeting Page 5 of 16
June 15, 2016
It was clarified that signage would be ordered, advertising would be accomplished in Anchorage
to notify users, and the City’s Facebook page would also be used to get the information out
regarding the road closures. It was further clarified that the City Manager had authorization to
change the dates, without needing another code change, if there were changes to the dates of
the dipnet fishery in the future. It was noted that access to the wetlands was prohibited year round.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Molloy, Boyle, Navarre
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
4. 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.
MOTION:
Council Member Navarre MOVED to enact Ordinance No. 2898-2016 and the motion was
SECONDED by Councilor Boyle.
Mayor Porter opened the public hearing.
Mary Dubee spoke against the ordinance noting that she didn’t think selling land for less than
appraised value was allowed and that it was far more advantageous to the City to sell. She also
suggested subdividing and making two properties available from the property on Redoubt Drive.
She added that she would like to see all properties be sold and not donated.
Brandi McGee, Kenai Peninsula Housing Initiative (KPHI) Associate Director, noted that the
property was being requested because of its close access to amenities that seniors needed.
Dan McKernon noted that there was an application in process for a marijuana store within 600
feet of the property, yet it was nearly a mile to the nearest grocery store. He suggested that both
projects be placed on Redoubt Drive.
Bob Peters spoke against the ordinance noting that donating wasn’t necessarily for his
betterment; noted anyone given land would be grateful for it. Suggested both projects be built on
the same property on Redoubt Drive and sell the property identified in this ordinance.
There being no one else wishing to be heard, the public hearing was closed.
MOTION TO AMEND:
Council Member Gabriel MOVED to amend by striking the third and fourth whereas clauses and
inserting the property description as described in Ordinance No. 2899-2016 and the motion was
SECONDED by Councilor Knackstedt.
Page 31 of 105
City of Kenai Council Meeting Page 6 of 16
June 15, 2016
Clarification was provided that the public had been notified that the property noted in the
Ordinance would be the topic of discussion; it was suggested that if amending the property
description that the matter be postponed to the next meeting, or amend the ordinance listed as
the next item of business.
The motion to amend was rescinded with concurrence with the second.
There was discussion regarding location of the property relevant to accessibility. It was noted
that the projects were positive for the community; gratitude was expressed that KPHI was looking
at Kenai for future projects.
VOTE:
YEA:
NAY: Knackstedt, Bookey, Gabriel, Boyle, Navarre Porter, Molloy
** Student Representative Lindeman: NAY
MOTION FAILED .
5. 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.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2899-2016 and the motion was
SECONDED by Councilor Boyle.
Mayor Porter opened the public hearing.
Mary Dubee spoke against the ordinance, clarified that she supported elders, but questioned
whether donation of the property qualified as public purpose; noted the senior and assisted living
facilities already available; encouraged conditions be put into place such as proof of grants and
building plans before signing the property over.
Brandi McGee, Kenai Peninsula Housing Initiative (KPHI) Associate Director, spoke in favor of
the ordinance noting that Kenai officials reached out to KPHI to develop projects for senior and
restricted income housing; pointed out that their agency needed site control in order to apply for
grants; also noted that their agency receives many calls looking for senior and restricted income
housing in the Kenai area and they have to refer the callers to Soldotna. She also pointed out
that KPHI is breaking ground on a project in Seward this year.
There being no one else wishing to be heard, the public hearing was closed.
Administration provided suggested amendments to make two parcels of property available, one
for each project, on the property noted in the ordinance.
Page 32 of 105
City of Kenai Council Meeting Page 7 of 16
June 15, 2016
MOTION:
Council Member Knackstedt MOVED to amend the ordinance as indicated in the manager’s notes
creating two 1.25 acre parcels for income restricted and senior housing and the motion was
SECONDED by Councilor Molloy. UNANIMOUS CONSENT was requested.
City Attorney S. Bloom read into the record that the ordinance would be amended to read as
follows: “An ordinance of the Council of the City of Kenai, Alaska, conditionally donating certain
foreclosed city owned property described as two approximate 1 ¼ acre parcels 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 and 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 an approximate 1 ¼ 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 Low Income Senior Housing within the City of Kenai; and, whereas,
there is a need for low income and senior housing in the City of Kenai; and, whereas, the City
desires to support low income housing in the community; and, whereas, donating the subject
parcels 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 and
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. 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 properties: two approximate 1 ¼ acre parcels 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, Inc. (KPHI), on a form approved by the City Attorney, for less than fair market
value and for the sole purpose of developing income restricted and senior housing. Section 3.
That KPHI must complete at its own expense all actions necessary for the subdivision and
development of the properties; and to provide proof of financing sufficient for the projects as prior
conditions of the transfer of title; and to pay all closing costs and fees for said properties and said
consideration to the City for the properties. Section 4. That the Kenai City Council further finds
the disposal of the parcels 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 properties 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 lands lapses unless further authorized by the
City Council.” It was noted that sections six and seven remained unchanged.
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June 15, 2016
VOTE: There were no objections; SO ORDERED.
Gratitude was expressed that KPHI was looking at Kenai for development projects; it was noted
that there was an understanding that though it was in one ordinance that two 1.25 acre parcels
were being donated, one for each project and each project standing on its own.
It was noted that the property being offered for the senior housing project was not the parcel KPHI
requested.
MOTION TO AMEND:
Council Member Boyle MOVED to amend the ordinance by removing the third whereas clause in
its entirety and the motion was SECONDED by Councilor Bookey. UNANIMOUS CONSENT was
requested.
VOTE: There were no objections; SO ORDERED.
It was noted that when other properties had been donated, there had been a clause providing that
the City be reimbursed in the event of a land sale.
There was discussion regarding placing additional restrictions on the agency; it was suggested
that a timeframe on the condition be added at the point that the City benefitted from the projects.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend the ordinance by adding a sentence to the last
whereas clause that read, “In the event of a land sale, the value of the property shall be
reimbursed to the City if the sale occurs within twenty years.” and the motion was SECONDED
by Councilor Molloy.
MOTION TO AMEND THE AMENDMENT:
Council Member Molloy MOVED to amend the amendment by inserting where appropriate “sale
to a for profit entity,” and the motion was SECONDED by Councilor Knackstedt.
VOTE ON THE AMENDMENT TO THE AMENDMENT:
YEA: Bookey, Gabriel, Knackstedt, Boyle, Molloy
NAY: Porter, Navarre
** Student Representative Lindeman: NAY
MOTION PASSED.
MOTION TO AMEND THE AMENDMENT:
Council Member Gabriel MOVED to amend the amendment by inserting the words “after transfer
to KPHI,” after the words “twenty years,” and the motion was SECONDED by Councilor Boyle.
VOTE ON THE AMENDMENT TO THE AMENDMENT:
YEA: Knackstedt, Bookey, Gabriel, Porter, Molloy, Boyle, Navarre
Page 34 of 105
City of Kenai Council Meeting Page 9 of 16
June 15, 2016
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
VOTE ON THE AMENDED AMENDMENT:
YEA: Bookey, Gabriel, Knackstedt, Molloy, Porter, Navarre
NAY: Boyle
** Student Representative Lindeman: YEA
MOTION PASSED.
It was noted that the property shouldn’t be donated, but sold for assessed value as donation was
not in the best interest of the City.
It was pointed out that every community in Alaska had a homeless problem and that it was up to
the communities to make impacts on the homeless problem to keep it from growing.
It was further noted that transferring City properties was a difficult process; the property had been
identified for donation for a similar project in the past that wasn’t able to acquire financing;
conditions would be attached; the property wouldn’t be donated if conditions were not met.
It was also pointed out that KPHI’s properties were well managed and maintained and they would
be an asset to the community.
VOTE ON THE MAIN MOTION:
YEA: Knackstedt, Gabriel, Porter, Molloy, Boyle, Navarre
NAY: Bookey
** Student Representative Lindeman: YEA
MOTION PASSED.
6. 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.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2900-2016 and the motion was
SECONDED by Councilor Gabriel.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Bookey, Boyle, Navarre, Gabriel, Porter, Molloy
NAY:
** Student Representative Lindeman: YEA
Page 35 of 105
City of Kenai Council Meeting Page 10 of 16
June 15, 2016
MOTION PASSED UNANIMOUSLY.
7. 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.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2901-2016 and the motion was
SECONDED by Councilor Molloy.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Bookey, Boyle, Navarre, Gabriel, Porter, Molloy
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
8. Ordinance No. 2902-2016 – Amending Chapter 4.32-Residential Code, by Adopting
the 2012 Edition of the International Residential Code and Making Local Amendments.
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 2902-2016 and the motion was
SECONDED by Councilor Molloy.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
It was clarified that some sections had been deleted; some changes had been made relevant to
the location of the City; other states were making similar changes.
VOTE:
YEA: Knackstedt, Bookey, Boyle, Navarre, Gabriel, Porter, Molloy
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
9. 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.
Page 36 of 105
City of Kenai Council Meeting Page 11 of 16
June 15, 2016
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2903-2016 and the motion was
SECONDED by Councilor Knackstedt.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Bookey, Boyle, Navarre, Gabriel, Porter, Molloy
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
10. Resolution No. 2016-29 – Authorizing a Budget Transfer within the General Fund to
Provide a Matching Grant for Restoration of a Historical City of Kenai Fire Truck.
[Clerk’s Note: This item was moved to the first item under Public Hearings at approval of the
agenda.]
11. Resolution No. 2016-30 – Authorizing an Agreement with Copper River Seafoods,
Inc. to Dispense Fuel at the Kenai Boating Facility.
MOTION:
Council Member Gabriel MOVED to adopt Resolution No. 2016-30 and the motion was
SECONDED by Councilor Knackstedt. UNANIMOUS CONSENT was requested.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections; SO ORDERED.
E. MINUTES
1.*Regular Meeting of May 18, 2016
[Clerk’s Note: This item was removed at Approval of the Agenda.]
2.*Regular Meeting of June 1, 2016
Minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS
1. 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
Page 37 of 105
City of Kenai Council Meeting Page 12 of 16
June 15, 2016
Rentals, a Partnership Owned by David and Michael Schilling. [Clerk’s Note: At its
meeting on June 1, 2016, Council approved a motion to postpone the introduction of
this ordinance. A motion to introduce is on the floor.]
MOTION:
Council Member Knackstedt MOVED to suspend the rules and allow public testimony be taken
and the motion was SECONDED by Councilor Boyle.
VOTE:
YEA: Knackstedt, Bookey, Navarre, Gabriel, Porter, Molloy
NAY: Boyle
** Student Representative Lindeman: YEA
MOTION PASSED.
Mayor Porter opened the floor to public testimony.
Duane Bannock spoke regarding the process for purchasing City property being difficult and
disappointing. He noted he had thought the ordinance would be introduced at the last meeting,
otherwise he’d have come to the meeting to testify.
There being no one else wishing to be heard, the floor for public testimony was closed.
It was noted that the manager was doing his job by bringing the ordinance forward.
VOTE:
YEA: Knackstedt, Bookey, Navarre, Gabriel, Porter, Molloy
NAY: Boyle
** Student Representative Lindeman: YEA
MOTION PASSED.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000.
Approved by the consent agenda.
3. *Ordinance No. 2905-2016 – Increasing Estimated Revenues and Appropriation and
Authorizing a Budget Transfer in the Vintage Pointe Enterprise Fund and Awarding a
Contract for a Resident (On-Site) Maintenance Manager for the Vintage Pointe,
Congregate Housing Facility.
Introduced by the consent agenda and public hearing set for July 6, 2016.
Page 38 of 105
City of Kenai Council Meeting Page 12 of 16
June 15, 2016
Rentals, a Partnership Owned by David and Michael Schilling. [Clerk’s Note: At its
meeting on June 1, 2016, Council approved a motion to postpone the introduction of
this ordinance. A motion to introduce is on the floor.]
MOTION:
Council Member Knackstedt MOVED to suspend the rules and allow public testimony be taken
and the motion was SECONDED by Councilor Boyle.
VOTE:
YEA: Knackstedt, Bookey, Navarre, Gabriel, Porter, Molloy
NAY: Boyle
** Student Representative Lindeman: YEA
MOTION PASSED.
Mayor Porter opened the floor to public testimony.
Duane Bannock spoke regarding the process for purchasing City property being difficult and
disappointing. He noted he had thought the ordinance would be introduced at the last meeting,
otherwise he’d have come to the meeting to testify.
There being no one else wishing to be heard, the floor for public testimony was closed.
It was noted that the manager was doing his job by bringing the ordinance forward.
VOTE:
YEA: Knackstedt, Bookey, Navarre, Gabriel, Porter, Molloy
NAY: Boyle
** Student Representative Lindeman: YEA
MOTION PASSED.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000.
Approved by the consent agenda.
3. *Ordinance No. 2905-2016 – Increasing Estimated Revenues and Appropriation and
Authorizing a Budget Transfer in the Vintage Pointe Enterprise Fund and Awarding a
Contract for a Resident (On-Site) Maintenance Manager for the Vintage Pointe,
Congregate Housing Facility.
Introduced by the consent agenda and public hearing set for July 6, 2016.
Page 38 of 105
City of Kenai Council Meeting Page 13 of 16
June 15, 2016
4. Action/Approval – Authorizing an Amendment of the Special Use Permit to Hilcorp
Alaska, LLC to Allow for Additional Vehicle Parking at the Kenai Airport.
MOTION:
Council Member Molloy MOVED to authorize an amendment of the Special Use Permit to Hilcorp
Alaska, LLC to allow for additional vehicle parking at the Kenai Airport and the motion was
SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED
5. Action/Approval – City Donation of a Memorial Plaque Honoring Kayo McGillivary to
be placed at Leif Hanson Memorial Park.
MOTION:
Council Member Bookey MOVED to authorize donation of a memorial plaque honoring Kayo
McGillivray be placed at Leif Hanson Memorial Park and the motion was SECONDED by Council
Member Navarre. UNANIMOUS CONSENT was requested.
Council Member Bookey noted that he had worked for Kayo as summer recreation staff beginning
at age 15. He also noted that he worked for Kayo’s wife as an office aide in high school; wished
his family the best.
VOTE: There being no objection; SO ORDERED
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – It was reported that there were presentations regarding the FY17
Budget and also services provided by Adult Protective Services; next meeting July14.
2. Airport Commission – No report; next meeting July 14.
3. Harbor Commission – No report; next meeting July 11.
4. Parks and Recreation Commission – No report; next meeting August 4.
5. Planning and Zoning Commission – It was reported that on June 8, a preliminary plat
was approved to provide for easements and right-of-way transfer for a City well house.
Also approved was the transfer of a Conditional Use Permit for a coffee shack. It was
also reported that Comprehensive Plan work sessions were continuing; next meeting
June 22.
6. Beautification Committee – No report.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Page 39 of 105
City of Kenai Council Meeting Page 14 of 16
June 15, 2016
Mayor Porter reported on the following:
• Until the Borough adopts a process to vote by mail there was no
sense in the City changing its process due to the blending of
processes
• Attended a luncheon with Lynden Transportation
• Continued work with the Kenaitze Indian Tribe on a new park in the
community
J. ADMINISTRATION REPORTS
1. City Manager reported on the following:
• Happenings with the legislature
• Noted a new high capacity well; assured demand would be handled
by production
• Tendered resignation effective 12-31-16; listed accomplishments;
assured a transition plan.
[Clerk’s Note: The resignation letter has been included as a part of the record.]
2. City Attorney – no report.
3. City Clerk – no report.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Charlie Yamada explained timeframes required for remodeling the bowling alley space; noted a
projected opening date as the first of October. Also noted that she had spoken with two lenders
regarding loans and noted she was at an impasse regarding using the building as collateral; can’t
get loans without using the building as collateral, can’t use building as collateral without lending
in place.
2. Council Comments
Councilor Knackstedt noted his surprise with the announcement of the manager’s resignation.
Council Member Molloy thanked those that testified; thanked the Chamber of Commerce for help
with local events; noted it was Council Member Boyle’s birthday.
Council Member Boyle wished Mr. Koch well on future endeavors.
Vice Mayor Gabriel thanked those that attended and testified. Noted the flags gave the City a
patriotic feeling; asked that construction crews be given a bit of slack; thanked Mr. Koch for his
service to the City.
Councilor Navarre noted the great response to the matching grant for the church; pointed out the
Chamber of Commerce had awarded the Mayor the “Volunteer of the Year,” award; thanked Mr.
Koch for his leadership and direction and also noted his Board of Fisheries accomplishments.
Mayor Porter noted all members of the district would benefit if he were elected.
Page 40 of 105
City of Kenai Council Meeting Page 15 of 16
June 15, 2016
L. EXECUTIVE SESSION
1. Discussion/Direction RFP for Property for Sale or Lease Located at 10639 Kenai Spur
Highway, Kenai AK 99611. [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.]
MOTION:
Council Member Gabriel MOVED to enter executive session to discuss the RFP for property for
sale or lease located at 10639 Kenai Spur Highway, Kenai, AK 99611, 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 and the motion was
SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested.
VOTE: There was no objection; SO ORDERED.
Council Reconvened in regular session.
It was noted that direction was provided to the City Manager regarding the sale or lease of the
property located at 10639 Kenai Spur Highway.
2. Unsolicited Offer to Purchase Airport Land. Lot 1A, Deshka Subdivision, Plat No. K-
1577. [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.]
MOTION:
Council Member Gabriel MOVED to enter into executive session to discuss an unsolicited offer
to purchase airport land; Lot 1A, Deshka Subdivision, Plat No. K-1577, 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 and the motion was
SECONDED by Council Member Molloy.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Navarre, Porter, Molloy
NAY:
[Clerk’s Note: Council Member Boyle was out of the room during the vote.]
MOTION PASSED UNANIMOUSLY.
Council reconvened in regular session.
It was noted that direction was provided to the City Manager regarding an unsolicited offer to
purchase Lot 1A, Deshka Subdivision, Plat No. K-1577.
M. PENDING ITEMS – None.
Page 41 of 105
City of Kenai Council Meeting Page 16 of 16
June 15, 2016
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:39 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of June 15,
2016.
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
**The student representative may cast advisory votes on all matters except those subject to
executive session discussion. Advisory votes shall be cast in the rotation of the official council
vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded
in the minutes. A student representative may not move or second items during a council meeting.
Page 42 of 105
City of Kenai Meeting Minutes
June 16, 2016 Page 1 of 2
AGENDA
KENAI CITY COUNCIL – SPECIAL MEETING
JUNE 16, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS,
210 FIDALGO AVENUE, KENAI, ALASKA, 99611
http://www.kenai.city
MINUTES
CALL TO ORDER
Mayor Porter called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Mayor Porter led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Pat Porter, Mayor Bob Molloy
Mike Boyle Henry Knackstedt
Tim Navarre Brian Gabriel
comprising a quorum of the Council.
Also in attendance were:
Rick Koch, City Manager
Scott Bloom, City Attorney
Jamie Heinz, Deputy City Clerk
3. Agenda Approval
MOTION:
Council Member Molloy MOVED to approve the agenda as presented and requested
UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion.
There being no objections, SO ORDERED.
PUBLIC COMMENTS
There was no one in attendance wishing to speak.
EXECUTIVE SESSION
Page 43 of 105
City of Kenai Meeting Minutes
June 16, 2016 Page 2 of 2
1. Review and Discussion of the City Manager’s Evaluation which may be a Subject that
Tends to Prejudice the Reputation and Character of the City Manager [AS
44.62.310(C)(2)].
MOTION:
Vice Mayor Gabriel MOVED to convene in executive session for review and discussion of the City
Manager’s evaluation which may be a subject that tends to prejudice the reputation and character
of the City Manager [AS 44.62.310(C)(2)], requesting the presence of the City Manager as needed
and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion.
Council Member Molloy requested the presence of the City Attorney to be available as needed.
There was objection to the presence of the City Attorney.
It was clarified that the Attorney’s presence might be needed in case of contract questions.
Vice Mayor Gabriel requested to divide the question, voting on convening in executive session
and the presence of the City Manager as needed, first, and the availability of the City Attorney as
needed, second.
VOTE ON THE FIRST QUESTION:
YEA: Porter, Gabriel, Knackstedt, Boyle, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE SECOND QUESTION:
YEA: Knackstedt, Boyle, Molloy
NAY: Porter, Gabriel
MOTION PASSED.
Council Member Navarre joined the meeting at 6:09 p.m.
Council reconvened in open session and Vice Mayor Gabriel and advised that City Manager Rick
Koch received a satisfactory evaluation.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at approximately
6:55 p.m.
Minutes prepared and submitted by:
____________________________
Jamie Heinz, CMC, Deputy City Clerk
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Memorandum:
TO: Mayor and Council Members
FROM: Sandra Modigh, City Clerk
DATE: June 30, 2016
RE: Appeal Filed by Ronald and Deniece Isaacs, Appealing the Decision of the
Planning and Zoning Commission to Deny a Conditional Use Permit for a
Marijuana Retail Store and Limited Cultivation Located at 11888 Kenai Spur
Highway, Swanson Square #3, Kenai, AK.
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 forty-five (45) days of the filing of the appeal. However, should
the 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)-(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:
FORTY-FIFTH END DATE August 12, 2016
COUNCIL MEETING DATE (within 45-day
requirement)
Wednesday, July 20, 2016
Wednesday, August 3, 2016
SIXTY-DAY END DATE August 27, 2016 (Saturday)
Move to Monday, August 29, 2016
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
Page 83 of 105
Page 2 of 2
Scheduling BOA Hearing
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. 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.” It is my recommendation that the hearing be schedule on one of the
following days:
Tuesday, July 26, 2016
Thursday, July 28, 2016
Monday, August 1, 2016
Tuesday, August 2, 2016
Tuesday, August 9, 2016
/SM/
COUNCIL MEETING DATE(S) (within 60-day
requirement)
Wednesday, July 20, 2016
Wednesday, August 3, 2016
Wednesday, August 17, 2016
[Type text]
Page 84 of 105
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Meeting
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Parks and
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08/04/2016 - 7:00pm
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COUNCIL ON AGING MEETING
JUNE 9, 2016 – 4:30 P.M.
KENAI SENIOR CENTER
CHAIR VELDA GELLER, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Geller called the meeting to order at 4:30 p.m. Roll was confirmed as follows:
Members Present: Chair V. Geller, Vice Chair M. Milewski, A. Weeks, L. Nelson, J.
Hollier, B. Osborn, V. Hallmark, B. Modigh,
Members Absent: F. Walters
Staff/Council Liaison Present: Senior Center Director R. Craig, Finance Director T. Eubank,
Council Liaison P. Porter
A quorum was present.
2. AGENDA APPROVAL
There was no objection to the agenda as presented.
3. APPROVAL OF MEETING SUMMARY – April 14, 2016
Councilor Hollier MOVED to approve the April 14, 2016 meeting summary; Council Member
Nelson SECONDED the motion. There being no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Terry Eubank – Finance Director
Finance Director T. Eubank reported that the governor had not signed a budget yet so it was
unknown what funding would be, but pointed out that funding would be reduced. He also
pointed out that the funding received from the Choice Waiver program had decreased requiring
a transfer from the general fund.
b. Sheila Jacobson – Adult Protective Services
Sheila Jacobson from State of Alaska Adult Protective Services discussed many of the scams
affecting seniors, to include sweetheart scams, elder exploration scams, and financial
exploration scams noting that often, scammers are intertwined and are family members or
caregivers. She also discussed victim rights, appropriate roles for personal care assistants,
powers of attorney, payees, conservators, and guardians, and provided tips for helping a victim.
5. UNFINISHED BUSINESS – None
6. NEW BUSINESS - None
7. REPORTS
Page 95 of 105
Council on Aging
June 9, 2016
Page 2 of 2
a. Senior Center Director – No report.
b. Council on Aging Chair – No report.
c. City Council Liaison – Council Liaison Porter reported that the FY17 Budget
had been adopted and noted that the Kenai Spur Highway was a State Highway.
8. NEXT MEETING ATTENDANCE NOTIFICATION – July 14, 2016
9. QUESTIONS & COMMENTS
It was noted that ticket sales for the quilt were up.
10. PERSONS NOT SCHEDULED TO BE HEARD – None
11. INFORMATION
12. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 5:30 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy Clerk
Page 96 of 105
KENAI AIRPORT COMMISSION
JUNE 9, 2016 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Feeken called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Commissioner Feeken led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, D. Pitts, P. Minelga, J. Zirul, J. Bielefeld
K. Dodge, C. Henry
Staff/Council Liaison Present: Airport Manager M. Bondurant
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Bielefeld MOVED to approve the agenda and Commissioner Minelga SECONDED
the motion. There were no objections; SO ORDERED.
2. PERSONS SCHEDULED TO BE HEARD – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. May 12, 2016
MOTION:
Commissioner Zirul MOVED to approve the meeting summary of May 12, 2016, and
Commissioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS
a. Discussion – Master Plan
Airport Manager M. Bondurant reported that Wince-Corthell-Bryson was working with the planners
Page 97 of 105
Airport Commission
June 9, 2016
Page 2 of 2
to address the comments provided by the Technical Advisory Committee.
b. Discussion/Recommendation – Unmanned Aircraft Systems (drones)
Airport Manager M. Bondurant reported that they would be moving forward with an educational
program on drones to be advertised in the newspaper and on the airport’s Facebook page. The
“No Drone Zone” signs were also shown to the Commission.
6. NEW BUSINESS
a. Discussion/Recommendation – Special Use Permit for United Parcel Service (UPS)
MOTION:
Commissioner Minelga MOVED to approve the Special Use Permit to UPS; Commissioner
Bielefeld SECONDED the motion. There were no objections; SO ORDERED.
7. REPORTS
a. Airport Manager – reported on the following:
• AIP Projects
• FAA Conference
• Odie’s Deli closing on June 17
• Staff attending sexual harassment training
b. City Council Liaison – No report.
8. NEXT MEETING ATTENDANCE NOTIFICATION – July 14, 2016.
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Pitts noted he was happy to have been appointed; hoped to contribute.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:37 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 98 of 105
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JUNE 22, 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, G. Pettey, D. Fikes, J. Glendening, and J.
Focose
Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Planning Assistant
W. Anderson and Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Springer MOVED to approve the agenda with the addition of the items provided
as a laydown; Commissioner Pettey SECONDED the motion. There were no objections; SO
ORDERED.
d. Consent Agenda
MOTION:
Commissioner Fikes MOVED to approve the consent agenda; Commissioner Glendening
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 – K. Peterson
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2. *APPROVAL OF MINUTES: May 25, 2016 & June 8, 2016
Minutes were approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. PZ16-18 - Preliminary Original Plat of Wild Rose Subdivision 2016 Addition, submitted by
TAY Wild Rose LLC., 31878 Del Obispo St. #118-357, San Juan Capistrano, CA 92675.
City Planner Kelley reviewed his staff report recommending approval with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• Applicant must obtain a building permit prior to beginning construction of the detached
garage.
• At such time as Lot A4 is developed or sold, a well and DEC certified septic system must
be installed on said lot.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-18 with staff recommendations
and Commissioner Fikes SECONDED the motion.
Chair Twait opened and closed the public hearing; there was no one wishing to testify.
VOTE:
YEA: Pettey, Glendening, Springer, Fikes, Twait, Focose
NAY:
MOTION PASSED UNANIMOUSLY.
The Commission took a brief at ease to allow the City Planner to access the GIS system to provide
a visual of the measurements outlined in the meeting material for PZ16-17.
6. PUBLIC HEARINGS:
a. PZ16-17 Application for a Conditional Use Permit to operate an approximately 480
square-foot Retail Marijuana Store and an approximately 498 square-foot Marijuana
Cultivation Facility, Limited, within an existing approximately 1630 square-foot rental
space (Unit No. 3) within a commercial building; located on the property known as
11888 Kenai Spur Highway, Government Lots 19, 20, & 21, Sec. 6, T5N, R11W,
Application submitted by: Ronald & Deniece Isaacs, P.O. Box 3526, Kenai,
Alaska 99611.
City Planner Kelley reviewed his staff report provided in the packet. Staff recommended the
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Commission deny the permit based on the baseball fields on Government Lot 86, located within
the 500 foot buffer zone required by Kenai Municipal Code 14.20.330(f)(2). Its outer boundary
was determined by the property line located east of the centerline of South Spruce Street. The
measurement from the closest exterior wall of the proposed Commercial Marijuana Establishment
was approximately 455 ft.
It was noted that the nearby church met the buffering distance required by Code and wasn’t
hindering the permit application.
MOTION:
Commissioner Glendening MOVED to approve Resolution No. PZ16-17 with staff
recommendations and Commissioner Fikes SECONDED the motion.
Chair Twait opened the public hearing.
Joan Kirkham spoke in opposition of the permit on behalf of the Episcopal Diocese of Alaska
congregation as that type of business was against their religion.
Jeff Kipp noted that the type of business granted by the permit could decrease the value of his
rental properties; spoke in opposition of granting the permit; and further noted he wasn’t opposed
to the type of business, but more the location of such.
Christine Lagoutaris, owner of Katina’s, advised that her business had already suffered from the
Green Rush Events business and expressed health and safety concerns for her family and
patrons; spoke in opposition of the location.
Ron Isascs, applicant of conditional use permit, advised he and his wife were looking for a legal
and honest business within the City. Noted that the buffer zone measured was comprised of
wooded area and parking lots. Isascs advised that it was never their intent to allow smoking within
the establishment. He mentioned that the facility staff had completed the state’s handling
certification courses and that he would take measures to ensure a secure facility.
Mr. Isascs stated they were complying with all of the state’s regulations and that they had been
given consent from the building/property owner to conduct a marijuana business.
Deniece Isascs, applicant, stated that the confusion was due to the differing definitions of outer
boundary line and lot lines. Noted that the measurements from the GIS versus the actual
measurements differ significantly due to terrain and questioned the city’s measurements of the
property line.
It was noted that the applicant could not request a variance for buffer distances.
Administration confirmed that the property line did cross the road as the road was considered an
easement on city property. Administration agreed that the GIS database was approximately 7 feet
off of the actual lines in either direction, however would not affect the city’s measurements on this
permit.
It was discussed that there wasn’t a right-of-way to Coral Street, making the parcel in question,
one legal parcel and that although the land was considered airport land, the current ball fields on
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the land created a recreational parcel.
Twait noted loopholes not in favor of the applicant,prohibiting the business from operating at the
requested location; however, had a duty to the City’s regulations.
Commissioner Glendening advised of his obligation to uphold the criteria of the Kenai Municipal
Code.
Fikes questioned the state’s regulations related to odors emanating from the facility, and spoke
in opposition of the location and close proximity to other local business.
VOTE:
YEA:
NAY: Pettey, Glendening, Springer, Fikes, Twait, Focose
MOTION FAILED UNANIMOUSLY.
Chairman Twait advised of the 15 day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the June 15
meeting noting an ordinance enacted prohibiting motorized vehicles on South Street;
commented on the Kenai Initiative Housing legislation; ordinance to update the city’s
codes were enacted; allocated a $10,000 grant for the restoration of a fire truck; and the
City Manager’s resignation as of the end of the year.
b. Borough Planning – Commissioner Glendening reviewed the action taken at the June 13
meeting noting there were seven plats approved; 15 public hearings, nine of which were
marijuana applications, all of which were approved; authorized a one year renewal
borough annexation in Seward; introduction of an ordinance to reduce the number of
commissioners.
c. Administration – Kelley reminded the Commission of the work session scheduled on June
23 for review of the Comprehensive Plan and the Land Use Map.
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 13, 2016
14. COMMISSION COMMENTS & QUESTIONS:
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Commissioner’s thanked those that attended and participated in the meeting, and thanked staff
for their assistance on the conditional use permit.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:32 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
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