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HomeMy WebLinkAbout2016-07-20 Council PacketAGENDA KENAI CITY COUNCIL – REGULAR MEETING JULY 20, 2016, 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. 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. 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. 5 2. Resolution No. 2016-35 – Expressing a Deep Sense of Urgency for the Alaska State Legislature to take Immediate Action During the Fifth Special Session of the 29th Legislature to Pass All Necessary Fiscal Legislation Required to Provide for a Fair, Balanced, And Sustainable State Budget. ................ Pg. 9 E. MINUTES 1.*Regular Meeting of July 6, 2016 .............................................................. Pg. 11 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 21 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 23 3. *Ordinance No. 2907-2016 – Increasing Estimated Revenues and Appropriations in the Airport Fund and in the Airport Improvement Capital Project Fund for Phase III Improvements at the Airport’s Automated Flight Service Station Pursuant to Terms of the Lease Agreement for the Facility with the Federal Aviation Administration. ...................................................... Pg. 25 4. *Ordinance No. 2908-2016 – Approving and Adopting a Revised 2030 Comprehensive Plan Updated in 2016 for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. .................. Pg. 29 5. Action/Approval – Special Use Permit to CPD Alaska, LLC for Aviation Fueling on the Apron Fueling Area of Kenai Municipal Airport. .............. Pg. 33 6. Action/Approval – Special Use Permit to United Parcel Service (UPS) for Aviation Fueling on the Apron Fueling Area of Kenai Municipal Airport. . Pg. 43 7. Action/Approval – Reschedule the 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. 53 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission ............................................................................ Pg. 57 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ...................................................................................... Pg. 61 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 Kenai City Council Meeting Page 2 of 3 July 20, 2016 1. Airport Offer to Purchase Property, Kenai Peninsula Borough Parcel Number 04101013, Owned by Myrna Rocha Near the Float Plane Basin for Airport Related Purposes. [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.] 2. City Offer to Purchase Two Lots, Kenai Peninsula Borough Parcel Numbers 04106202 and 04106201, owned by Douglas W. Cofer for the Purposes of Wellhead Protection. [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.] 3. Unsolicited Offer to Purchase City Property Described as Tract A, Dragseth Subdivision 2016 Addition. [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.] M. PENDING ITEMS 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. 2. Resolution No. 2016-32 – Approving a Policy for the Sale of Ten Specific Airport Owned Leased Lands with Substantial Constructed Leasehold Improvements. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. .. Pg. 73 2. Correspondence from the Kenai Chamber of Commerce & Visitors Center. Pg. 75 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 20, 2016 [PAGE LEFT BLANK INTENTIONALLY] Page 5 of 75 Page 6 of 75 Page 7 of 75 [PAGE LEFT BLANK INTENTIONALLY] Page 8 of 75 Page 9 of 75 Page 10 of 75 KENAI CITY COUNCIL – REGULAR MEETING JULY 6, 2016 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on July 6, 2016, in City Hall Council Chambers, Kenai, AK. Vice Mayor Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Robert Molloy Henry Knackstedt Tim Navarre (telephonic) Terry Bookey Brian Gabriel, Vice Mayor Mike Boyle A quorum was present. Also in attendance were: **Mackenzie Lindeman, Student Representative Terry Eubank, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy City Clerk 3. Agenda Approval Vice Mayor Gabriel noted the following items to be added to the packet: Add to Item D. 1 Ordinance No. 2904-2016 • Correspondence received from Duane Bannock Add to Item D. 4 Resolution No. 2016-32 • Correspondence received from Lindsay Olsen Add to Item E. 3 Minutes • Regular Minutes of May 18, 2016 (draft) Add to Item J. 1 City Manager Report • Public Service Announcement Page 11 of 75 City of Kenai Council Meeting Page 2 of 9 July 6, 2016 MOTION: Council Member Molloy MOVED to approve the agenda with requested additions to the packet and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Vice Mayor Gabriel 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. B. SCHEDULED PUBLIC COMMENTS C. UNSCHEDULED PUBLIC COMMENTS Jack Sinclair, Executive Director of the Kenai Watershed Forum, thanked Council for their support of the Kenai River Festival, noting it had been taking place for 26 years; advised that two youth received an iPad mini which the donated funds helped purchase. He also noted that the Agency’s education specialist worked with Kenai Middle School and Kaleidoscope Elementary School and that their agency helped with beach clean-up. 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. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2904-2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Page 12 of 75 City of Kenai Council Meeting Page 3 of 9 July 6, 2016 MOTION: Council Member Navarre MOVED to postpone to the first meeting in August and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Bookey NAY: Boyle **Student Representative Lindeman: YEA MOTION PASSED. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2905-2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Boyle, Bookey NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 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. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016-31 and the motion was SECONDED by Councilor Molloy. UNANIMOUS CONSENT was requested. Vice Mayor Gabriel opened the public hearing. Jim Glendening spoke in favor, noting the Commission’s duty to provide an informed perspective on needs and land use issues, and advise the City Council and Borough Assembly. He also noted that Alaska Statute, Title 29 indicated planning, platting and land use authority rested with the boroughs pointing out that the Kenai Peninsula Borough retains the ultimate planning and platting authority, though zoning and land use had been delegated to the City. He further noted Page 13 of 75 City of Kenai Council Meeting Page 4 of 9 July 6, 2016 that the population of Kenai and Soldotna combined, was over 20% of borough population and over 35% of tax revenue, suggesting each City deserved representation. There being no one else wishing to be heard, public comment was closed. It was clarified that the effort to reduce the Planning Commission from thirteen to nine was understandable, but the plan combined Soldotna and Kenai, while allowing Seward to retain its seat was unfair representation. It was suggested that because the borough was the platting authority, cities having zoning powers should have representation on the Commission. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2016-32 – Approving a Policy for the Sale of Ten Specific Airport Owned Leased Lands with Substantial Constructed Leasehold Improvements. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016-32 and the motion was SECONDED by Councilor Molloy. Vice Mayor Gabriel opened the public hearing. Donald Moffits noted he was supportive of transferring the properties to the entities that built the structures as banks wouldn’t lend using leased property as collateral. He also asked if the appraised value was a value the City put on the property or a private appraiser. Sid Morris spoke in favor of the policy noting he had leased property from the City for over twenty years. He also spoke in favor of an honest and fair process noting different rates being paid by different leaseholders and purchasers. There being no one else wishing to be heard, the public hearing was closed. It was suggested that a lease value was more valuable to the City than a private person and noted there was no requirement for leaseholders to leave the buildings on the properties. It was noted that the policy had been requested due to several unsolicited offers being made since the most recent appraisal and deserved thought. It was further noted that the City was never obligated to sell at the end of the term of the leases. There was also suggestion that airport reserve lands should be kept and not sold as there were other methods for economic development than selling lands and selling the land was not in the best interest of the City or its future. It was noted that putting the policy into place effectively offered ten properties in spirit, though the resolution indicated it was not an offer for sale to anyone. MOTION: Council Member Molloy MOVED to postpone to the next meeting and the motion was SECONDED by Councilor Bookey. Page 14 of 75 City of Kenai Council Meeting Page 5 of 9 July 6, 2016 VOTE: YEA: Knackstedt, Bookey, Gabriel, Boyle, Molloy, Navarre NAY: **Student Representative Lindeman: YEA MOTION PASSED. 5. Resolution No. 2016-33 – Awarding an Agreement to Peninsula Pumping, Inc. for Portable Restrooms and Dumpster Service during the 2016 Personal Use Fishery. MOTION: Council Member Bookey MOVED to adopt Ordinance No. 2016-33 and the motion was SECONDED by Councilor Knackstedt. UNANIMOUS CONSENT was requested. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2016-34 – Cancelling the July 20, 2016 Regularly Scheduled City Council Meeting. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2016-34 and requested UNANIMOUS CONSENT. The motion was SECONDED by Councilor Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Unanimous consent was objected. It was clarified that all agenda items moving forward were not time sensitive. It was noted that the entire City would be busy with dipnet fishery and suggested that staff could be given a reprieve. There was concern regarding the public’s ability to address the Council; it was noted that emailing and phone calls were available means for addressing the Council members. VOTE: YEA: Knackstedt, Gabriel, Navarre NAY: Boyle, Molloy, Bookey ** Student Representative Lindeman: YEA MOTION FAILED. Page 15 of 75 City of Kenai Council Meeting Page 6 of 9 July 6, 2016 E. MINUTES 1.*Regular Meeting of June 15, 2016 Meeting Summary approved by the consent agenda. 2.*Special Meeting of June 16, 2016 Minutes were approved by the consent agenda. 3.*Regular Meeting of May 18, 2016 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Ordinance No. 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. Introduced by the consent agenda and public hearing set for July 20, 2016. Council Member Bookey left the meeting at 6:53 P.M. Mayor Porter joined the meeting at 6:53 P.M. MOTION: Council Member Knackstedt MOVED to reconsider postponement of Resolution No. 2016-34 and the motion was SECONDED by Councilor Navarre. VOTE: YEA: Knackstedt, Bookey, Gabriel, Boyle, Molloy, Navarre NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. Page 16 of 75 City of Kenai Council Meeting Page 7 of 9 July 6, 2016 [Clerk’s Note: The effect of the reconsideration motion put the motion to adopt Resolution No. 2016-34 back on the floor for consideration.] MOTION: Council Member Knackstedt MOVED to postpone to the first meeting in August and the motion was SECONDED by Councilor Molloy. UNANIMOUS CONSENT was requested. VOTE: There was no objection; SO ORDERED. 4. Action/Approval – Special Use Permit to Pacific Star Seafood for a Fish Haul. MOTION: Mayor Porter MOVED to approve a special use permit to Pacific Star Seafood for a Fish Haul and the motion was SECONDED by Council Member Molloy. VOTE: YEA: Porter, Gabriel, Boyle, Navarre, Knackstedt, Molloy NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 5. Action/Approval – Consent to Assignment of Restaurant Concession Agreement from PS241, LLC, d/b/a Odie’s to Double O Express, LLC. MOTION: Council Member Knackstedt MOVED to approve assignment of restaurant concession agreement from PS241, LLC, d/b/a Odie’s to Double O Express, LLC. and the motion was SECONDED by Mayor Porter. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 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. MOTION: Council Member Molloy MOVED to approve the 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 and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 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 Page 17 of 75 City of Kenai Council Meeting Page 8 of 9 July 6, 2016 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. It was decided a hearing would be held on August 9, 2016 at 5:00 P.M. 8. Action/Approval – Recruitment Process for Hiring a City Manager. A salary range was discussed; it was decided the manager’s suggestion was consistent with the position elsewhere. It was noted that the process presented was a starting point and adjustments would be made. Appreciation was expressed for the revised job description. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report; next meeting 7/13 2. Airport Commission – It was noted the new “No Drone Zone” signs had been put into place; next meeting 7/14 3. Harbor Commission – No report; next meeting 7/11 4. Parks and Recreation Commission – No report; next meeting 8/4 5. Planning and Zoning Commission – It was reported that at their last meeting, a preliminary plat of W ildrose Subdivision had been approved and a public hearing held for a Conditional Use Permit for a marijuana store which was denied; Comprehensive Plan work sessions were ongoing; next meeting 7/13 6. Beautification Committee – No report; next meeting 9/13 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Presented Fiacco Wilson with 100 red roses as she had just turned 100. Vice Mayor Gabriel reported on the following: • Former Student Representative Allie Ostrander had qualified to run at the Olympic trials. • Threw the first pitch for the local World Series games. J. ADMINISTRATION REPORTS 1. Acting City Manager reported on the following: • Noted the Public Service Announcement regarding closing Cannery Road. Page 18 of 75 City of Kenai Council Meeting Page 9 of 9 July 6, 2016 • The dipnet fishery was in full swing. 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) None. 2. Council Comments Councilor Knackstedt noted he hosted Coffee with the Mayor where he learned of wooden hull Bristol Bay fishing boat that had been donated by the Hutchings family and signage below the bluff needed replaced. Council Member Molloy thanked his colleagues for the postponement of the policy for selling properties. Mayor Porter noted she had been out of town and thanked those that filled in for her in her absence. L. EXECUTIVE SESSION – None Scheduled. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:27 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of July 6, 2016. _____________________________ Sandra Modigh, CMC City Clerk **The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 19 of 75 [PAGE LEFT BLANK INTENTIONALLY] Page 20 of 75 Page 21 of 75 [PAGE LEFT BLANK INTENTIONALLY] Page 22 of 75 Page 23 of 75 Page 24 of 75 Page 25 of 75 Page 26 of 75 Page 27 of 75 [PAGE LEFT BLANK INTENTIONALLY] Page 28 of 75 Sponsored by: City Manager CITY OF KENAI ORDINANCE NO. 2908-2016 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING AND ADOPTING A REVISED 2030 COMPREHENSIVE PLAN UPDATED IN 2016 FOR THE CITY OF KENAI AND RECOMMENDING ADOPTION BY THE KENAI PENINSULA BOROUGH. WHEREAS, the Kenai Peninsula Borough as a Second-Class Borough provides for planning on an area wide-basis in accordance with Chapter 29.40 of the Alaska Statutes; and, WHEREAS, the Kenai Peninsula Borough has delegated authority to the City of Kenai to enact land use plan amendment to the Kenai Comprehensive Plan in accordance with Kenai Peninsula Borough Code 21.01.025; and, WHEREAS, Kenai Peninsula Borough Code 21.01.025 requires Kenai Peninsula Borough adoption by ordinance of amendments to the City’s Comprehensive Plan for all amendments other than land use plan amendments; and, WHEREAS, the City of Kenai, as a Home Rule City inside a Second-Class Borough, has updated its Comprehensive Plan; and, WHEREAS, the revised 2030 Comprehensive Plan was updated using the draft 2030 Comprehensive Plan approved by the Council of the City of Kenai on April 17, 2013 and the 2003 Comprehensive Plan which was adopted by the Council of the City of Kenai on November 5, 2003 WHEREAS, the revised 2030 Comprehensive Plan was created with extensive public outreach and participation including Town Hall Meetings, agency outreach, meetings with business leaders, and a “Facebook” page; and, WHEREAS, the Planning and Zoning Commission of the City of Kenai and Planning Staff has received numerous comments and input regarding the updating of the revised 2030 Comprehensive Plan; and, WHEREAS, the Planning and Zoning Commission of the City of Kenai considered public comments and made changes to the draft revised 2030 Comprehensive Plan based on those comments; and, WHEREAS, Planning Staff held Town Hall meetings on March 23, 2016, April 16, 2016, April 21, 2016 and May 10, 2016 and the Planning and Zoning Commission held Work Sessions on May 17, 2016, May 31, 2016 and June 23, 2016 to receive public comments and discuss the revised 2030 Comprehensive Plan; and, Page 29 of 75 Ordinance No. 2908-2016 Page 2 of 2 WHEREAS, the Planning and Zoning Commission held a Public Hearing on July 13, 2016 and unanimously recommended that the Council of the City of Kenai approve the revised 2030 Comprehensive Plan, updated in 2016. WHEREAS, the Council of the City of Kenai on August 3, 2016 held a Public Hearing and reviewed the final draft of the revised 2030 Comprehensive Plan, updated in 2016 and recommended approval of the Plan to the Kenai Peninsula Borough. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that, Section 1. Form: That this is a non-code ordinance. Section 2. The Final Draft of the revised 2030 Comprehensive Plan prepared by Benson Planning Associates, Glenn Gray and Associates, Bechtol Planning and Development, and Alaska Map Company is hereby approved and adopted as the Comprehensive Plan of the City of Kenai. Section 3. This Plan is hereby recommended to the Kenai Peninsula Borough for adoption as the official Borough Comprehensive Plan within he City of Kenai planning area of the Borough. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to Kenai Municipal Code Section 1.15.070(f), this Ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of August, 2016. ______________________________________ PAT PORTER, MAYOR ATTEST: ___________________________________ Sandra Modigh, City Clerk Introduced: July 20, 2016 Adopted: August 3, 2016 Effective: September 2, 2016 Page 30 of 75 Page 31 of 75 Page 32 of 75 Page 33 of 75 Page 34 of 75 Page 35 of 75 Page 36 of 75 Page 37 of 75 Page 38 of 75 Page 39 of 75 Page 40 of 75 Page 41 of 75 Page 42 of 75 Page 43 of 75 Page 44 of 75 Page 45 of 75 Page 46 of 75 Page 47 of 75 Page 48 of 75 Page 49 of 75 Page 50 of 75 Page 51 of 75 Page 52 of 75 Page 53 of 75 Page 54 of 75 Page 55 of 75 Page 56 of 75 KENAI HARBOR COMMISSION MEETING JULY 11, 2016 – 6:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR PHIL MORIN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Morin called the meeting to order at 6:00 p.m. Roll was confirmed as follows: Commissioners present: Chair P. Morin, B. Peters, V. Askin, S. Thornton, C. Hutchison Commissioners Absent: G. Greenberg, D. Barth, Staff/Council Liaison present: Public Works Director S. Wedemeyer, Council Member Molloy A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Thornton MOVED to approve the agenda; Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. April 11, 2016 MOTION: Commissioner Askin MOVED to approve the meeting summary of April 11, 2016 and Commissioner Thornton SECONDED the motion. There were no objections; SO ORDERED. b. May 9, 2016 MOTION: Commissioner Askin MOVED to approve the meeting summary of April 11, 2016 and Commissioner Thornton SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS Page 57 of 75 Harbor Commission Meeting July 11, 2016 Page 2 a. Recommendation to Council Regarding Classifying for Leasing, a Parcel Identified as, a Portion of Tidelands Survey No. 272 within Section 35, Township 5 North, Range 11 West. MOTION: Commissioner Peters MOVED to recommend approval of classification to lease a portion of Tidelands Survey Number 272 Section 35, Township 5 North, Range 11 West and Commissioner Thornton SECONDED the motion. There were no objections; SO ORDERED. b. Recommendation to Council Regarding Classifying for Leasing, a Parcel Identified as Tract 4, Shore Fishery Plat No. 71 MOTION: Commissioner Peters MOVED to recommend approval of classification to lease, Tract 4, Shore Fishery Plat No. 71 and Commissioner Thornton SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Public Works Director – provided passes to the commissioners present allowing them access to the fee areas of the Personal Use Fishery; noted that the Personal Use Fishery opened Sunday; South Beach Road was substantially complete; advised of his trip to Russia for six to eight weeks. b. Commission Chair – asked the Council Liaison for advice how to get clarification of Harbor Commission duties c. City Council Liaison – Noted he would relay to Council that the Commission wanted for them to advise them of their duties; also noted that Council had renewed fishery leases, set the mil rate, approved a drop off fee during the Personal Use Fishery, confirmed commission nominations, approved a contract to Copper River Seafoods to dispense fuel, and discussed the sale of airport lands. 8. NEXT MEETING ATTENDANCE NOTIFICATION – August 8, 2016 9. COMMISSIONER COMMENTS/QUESTIONS Commissioner Peters thanked Councilor Molloy for attending the meeting and noted he liked the cameras showing the lines on the website. Commissioner Hutchison noted a noise complaint regarding the North beach. It was suggested that complaints be called in to the non-emergency police dispatch number. 10. PERSONS NOT SCHEDULED TO BE HEARD Diedre Cobal noted she just attended to see what the Harbor Commission did. Page 58 of 75 Harbor Commission Meeting July 11, 2016 Page 3 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:39p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC, Deputy City Clerk Page 59 of 75 [PAGE LEFT BLANK INTENTIONALLY] Page 60 of 75 Page 61 of 75 Page 62 of 75 Page 63 of 75 Page 64 of 75 Page 65 of 75 Page 66 of 75 Page 67 of 75 Page 68 of 75 Page 69 of 75 Page 70 of 75 Page 71 of 75 [PAGE LEFT BLANK INTENTIONALLY] Page 72 of 75 Page 73 of 75 [PAGE LEFT BLANK INTENTIONALLY] Page 74 of 75 Page 75 of 75