HomeMy WebLinkAbout2016-05-18 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
MAY 18, 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. 2883-2016 – Amending Kenai Municipal Code Section
21.15.260 – Acquisition of Real Property, to Allow for Acquisition of Real
Property Outside the Airport Reserve as Airport Lands for Public Use, Including
Use for Establishing and Maintaining Buffer Zones. ............................... Pg. 5
2. Ordinance No. 2884-2016 – Enacting Kenai Municipal Code Section
14.20.065 – Airport Light Industrial Zone, Amending Kenai Municipal Code
Section 14.22.010 – Land Use Table and Kenai Municipal Code Chapter 14.24
– Development Requirements Table, to add the Airport Light Industrial Zone.
........................................................................................................................ Pg. 17
3. Ordinance No. 2885-2016 – Amending the Official Kenai Zoning Map by
Rezoning 51 Parcels Owned by the City of Kenai, Located within the Airport
Reserve Boundary from Conservation Zone, Rural Residential Zone, Suburban
Residential Zone, and Light Industrial Zone to Airport Light Industrial Zone and
Ratifying the Application to the Planning And Zoning Commission for the
Amendments. ........................................................................................ Pg. 47
4. Ordinance No. 2888-2016 – Accepting and Appropriating a Federal Grant
from the US Department of Agriculture, US Forest Service Passed Through
the State of Alaska Department of Natural Resources, Division of Forestry.
.............................................................................................................. Pg. 93
5. Ordinance No. 2889-2016 – Increasing Estimated Revenues and
Appropriations by $88,339 in the General Fund to Provide Supplemental Funds
for Fiscal Year 2016 due to an Unforeseen Loss of Revenue from the Choice
Waiver Meal Program. ........................................................................... Pg. 97
6. Resolution No. 2016-19 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes to be Adopted in the FY2017
Budget Process to Include Adjusting Monthly Rental Rates at Vintage Pointe,
Increasing Airport Apron Rental Fees, Increasing Fees for Water and Sewer
Service, and Making other Housekeeping Changes. ........................... Pg. 101
7. Resolution No. 2016-20 – Awarding Non-Exclusive On-Airport Car Rental
Concessions to Corporate Sales & Leasing, Inc. D/B/A Budget Rent a Car and
Alaska Rent a Car, Inc., D/B/A Avis for the Period July 1, 2016 Through June
30, 2021. ............................................................................................ Pg. 115
8. Resolution No. 2016-21 – Awarding a Contract for Management Services at
the City of Kenai Multi-Purpose Facility for Summer Ice...................... Pg. 117
9. Resolution No. 2016-22 – Awarding an Agreement for the Purchase of a
Columbarium. ..................................................................................... Pg. 121
E. MINUTES
1.*Work Session of April 30, 2016 ............................................................ Pg. 123
2.*Regular Meeting of May 4, 2016 ......................................................... Pg. 127
3.*Special Meeting of May 9, 2016 ........................................................... Pg. 137
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ............................................. Pg. 139
2. *Action/Approval – Purchase Orders Exceeding $15,000. ................ Pg. 141
3. *Ordinance No. 2890-2016 – Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2016 and Ending June 30, 2017. ....................... Pg. 143
4. *Ordinance No. 2891-2016 – Accepting and Appropriating a Grant for
$1,361.94 from the Alaska Police Standards Council for Police Department
Training. ............................................................................................. Pg. 159
5. *Ordinance No. 2892-2016 – Amending Title 2-Alcoholic Beverages, to Add
Provisions for Reviewing State Commercial Marijuana Establishment License
Applications and Make Other Housekeeping Changes. ...................... Pg. 161
Kenai City Council Meeting Page 2 of 4
May 18, 2016
6. *Ordinance No 2893-2016 – Amending Kenai Municipal Code Section
14.20.290 – Appeals – Board of Adjustment, to Allow Board of Adjustment
Hearings to be Held within 45 Days of the Filing of an Appeal Instead of 30
Days ................................................................................................... Pg. 167
7. *Ordinance No. 2894-2016 – Appropriating a Grant from the Federal Aviation
Administration for the Airfield Marking, Signage, and Asphalt Crack Sealing
2015-2016 Project and Awarding a Construction Contract to Lakloey, Inc.
........................................................................................................... Pg. 171
8. Action/Approval – Revise the Harbor Commission Meeting Start Time
Pursuant to Policy from 7:00 p.m. – 6:00 p.m. .................................... Pg. 175
9. Action/Approval – Approval of Special Use Permit to Reddi Towing &
Salvage, LLC for an Impound Lot. ...................................................... Pg. 177
10. Action/Approval – Renewal of Shore Fishery Leases. ..................... Pg. 185
11. Action/Approval – Schedule a Board of Adjustment Hearing for an Appeal
filed by Jeffery M. Twait, Appealing the Animal Control Officer’s Action on an
Application for a Personal Kennel License to Keep Four or More Dogs on the
Premises Located at 1808 Julie Anna Drive, Kenai, AK 99611. .......... Pg. 275
12. Action/Approval – Direct the City Manager to Draft Resolutions to Authorize
Kenai Peninsula Housing Initiatives Site Control of City Properties for Potential
Future Senior and Affordable Housing Projects. [Clerk’s Note: The Council may
convene in executive session to discuss this matter pursuant to AS
44.62.310(c)(1)(3) a matter of which the immediate knowledge may have an
adverse effect upon the finances of the City, and a matter by which law,
municipal charter, or ordinance are required to be confidential.]
13. Action/Approval – Unsolicited Offer to Purchase/Donate Property Located at
1207 Second Avenue, Kenai AK, KPB ID 04317003; and Located at 2300
Redoubt Avenue, Kenai AK, KPB ID 03901018. [Clerk’s Note: The Council may
convene in executive session to discuss this matter pursuant to AS
44.62.310(c)(1)(3) a matter of which the immediate knowledge may have an
adverse effect upon the finances of the City, and a matter by which law,
municipal charter, or ordinance are required to be confidential.]
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission ............................................................................ Pg. 279
4. Parks and Recreation Commission
5. Planning and Zoning Commission ...................................................... Pg. 283
6. Beautification Committee .................................................................... Pg. 287
7. Mini-Grant Steering Committee
Kenai City Council Meeting Page 3 of 4
May 18, 2016
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager ...................................................................................... Pg. 289
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 – See agenda items G.12 and G.13.
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. 301
2. Correspondence from the After Prom Committee Thanking Council for its
Donation. ............................................................................................ Pg. 302
3. Correspondence from KCHS Principal Alan Fields Advising of Mackenzie
Lindman’s Appointment as the New KCHS Student Representative to the City
Council. .............................................................................................. Pg. 303
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
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May 18, 2016
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Sponsored by: Council Member Knackstedt
CITY OF KENAI
ORDINANCE NO. 2885-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
OFFICIAL KENAI ZONING MAP BY REZONING 51 PARCELS OWNED BY THE CITY OF
KENAI, LOCATED WITHIN THE AIRPORT RESERVE BOUNDARY FROM
CONSERVATION ZONE, RURAL RESIDENTIAL ZONE, SUBURBAN RESIDENTIAL ZONE
AND LIGHT INDUSTRIAL ZONE TO AIRPORT LIGHT INDUSTRIAL ZONE AND
RATIFYING THE APPLICATION TO THE PLANNING AND ZONING COMMISSION FOR
THE AMENDMENTS.
WHEREAS, the 2003 City of Kenai Comprehensive Plan, Polices AP2 and AP3 discuss
revising the Kenai Zoning Code to create a Zoning District by which suitable parcels are
retained and available for future public and private airport-related development; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan, designates parcels within the
Airport Reserve Boundary as Airport Industrial, which identifies airport lands reserved
for the Kenai Municipal Airport and its future expansion, and tracts needed for present
and future aviation-related uses and activities; and,
WHEREAS, the 2003 Comprehensive Plan discusses the opportunities and challenges
for existing and future commercial use in the City; and,
WHEREAS, the Airport Master Plan Phase 2 Report discusses the need to rezone airport
lands currently zoned as “Conservation;” and,
WHEREAS, at the May 6, 2015 Council Meeting, the Council of the City of Kenai took
action “directing the Airport Commission, Planning and Zoning Commission and
Administration to provide recommendations regarding appropriate zoning for Airport
Lands”; and,
WHEREAS, the Airport Commission and the Planning and Zoning Commission held joint
work sessions on June 23, 2015, November 12, 2015 and January 13, 2016 to discuss
the creation of the Airport Light Industrial Zoning District and change in zoning to the
affected parcels; and,
WHEREAS, the Airport Commission held a regular meeting on February 11, 2016 and
voted unanimously in support of the rezone proposed by this Ordinance; and,
WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9,
2016 and voted in support of the rezone proposed by this Ordinance initiated by an
application on behalf of the City Council; and,
WHEREAS, Kenai Municipal Code Section 14.20.270 describes the amendment
procedures and initiation of Zoning Code and Official Map Amendments; and,
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Ordinance No. 2885-2016
Page 2 of 3
WHEREAS, the area to be rezoned is larger than one acre and the proposed amendment
to the zoning ordinance is not substantially the same as any other proposed amendment
submitted within the previous nine months; and,
WHEREAS, notice the public hearing held on the rezone was published and sent by mail
to property owners within 300 feet of the affected parcels; and
WHEREAS, the subject parcels are currently zoned Conservation Zone, (C), Rural
Residential Zone (RR), Suburban Residential Zone (RS) and Light Industrial Zone (IL);
and,
WHEREAS, the legal descriptions and Kenai Peninsula Borough parcel numbers of the
subject parcels are attached hereto as Exhibit “B”; and,
WHEREAS, Kenai Municipal Code Section 14.20.070 states the intent of the
Conservation Zone (C) is “to apply to areas which should be preserved primarily as open
areas and as watersheds and wildlife reserves. Airport and related uses have been
included in this zone to allow for the reservation of aircraft approach zones. It is
intended that this zone shall apply mainly to publicly owned land.”; and,
WHEREAS, Kenai Municipal Code Section 14.20.090 states the intent of the Suburban
Residential Zone (RS) is “to provide for medium density residential development in areas
which will be provided with common utility systems”; and,
WHEREAS, Kenai Municipal Code Section 14.20.080 states that the intent of the Rural
Residential Zone (RR) is “to provide for low density residential development in outlying
and rural areas in a form which creates a stable and attractive residential environment”;
and,
WHEREAS, Kenai Municipal Code Section 14.20.130 states that the intent of the Light
Industrial Zone is “designed to provide for the development of industrial and commercial
uses which are usually compatible and which are of a type which has no nuisance effects
upon surrounding property, or which may be controlled to prevent any nuisance effects
upon surrounding property. New residential uses and other non-industrial uses, except
as otherwise provided in this chapter, are not permitted in this zone as principal uses
because it is intended that land classified in this zone be reserved for industrial and
commercial purposes, and because the IL zone is not suited to the excluded uses”; and,
WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on
Exhibit “A” to the Airport Light Industrial Zone (ALI); and,
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.
Page 48 of 303
Ordinance No. 2885-2016
Page 3 of 3
Section 2. Amendment of the City of Kenai Official Zoning Map: The Official Kenai
Zoning Map is amended by rezoning the subject parcels shown on Exhibit
“A” from Rural Residential Zone, Suburban Residential Zone, Light
Industrial Zone and Conservation Zone to Airport Light Industrial.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation
to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or
impair the validity of the remainder of this title or application thereof to
other persons or circumstances. The City Council hereby declares that it
would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to 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 18th day of May,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: May 4, 2016
Adopted: May 18, 2016
Effective: June 18, 2016
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MARCH 9, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, J. Twait, K. Peterson, J. Glendening, J. Focose, D.
Fikes, G. Pettey
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, Airport Manager M.
Bondurant, Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
Commissioner Peterson noted the following items to be removed/added to the agenda/packet:
6.a. PZ16-05
• Memo from Councilor Knackstedt, Approved by Council
• Copy of Quitclaim Deed from FAA
6.b. PZ16-07
• Copy of Rezoning Application
• Memo from the Airport Manager
• Memo from the City Planner
• Correspondence from residents
6.c. PZ16-08
• Copy of Rezoning Application
• Memo from the Airport Manager
• Correspondence from residents
MOTION:
Commissioner Peterson MOVED to approve the agenda including the additions to the packet;
Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED.
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d. Consent Agenda
MOTION:
Commissioner Glendening MOVED to approve the consent agenda; Commissioner Peterson
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be removed
from the Consent Agenda and considered in its normal sequence on the agenda as part of
the General Orders.
e. *Excused Absences – None.
2. *APPROVAL OF MINUTES: February 24, 2016
Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ16-05 – An Ordinance of the Council of the City of Kenai, Alaska Amending Kenai
Municipal Code Chapter 14.20 – Kenai Zoning Code, to Enact Kenai Municipal Code
Section 14.20.065 – Airport Light Industrial Zone and Amending Kenai Municipal Code
Chapter 14.24 – Development Requirements Tables, to Add the Airport Light Industrial
Zone.
City Planner Kelley reviewed his staff report providing a history explaining that the Ordinance was
the culmination of work sessions between the Planning and Zoning Commission and the Airport
Commission, at the direction of City Council, and recommended approval of the Resolution, which
was a recommendation to City Council to approve the ordinance. The ordinance provided the
following code amendments:
• Adding sections regarding intent, development requirements, and parking requirements
• Adding definitions for airport compatible uses and necessary aviation facilities
• Modifying the land use table
The City Planner recommended the following additional amendment:
• Changing the land use table to reflect that mini-storage facilities, storage yards, and
warehouses be allowed by conditional use permit as opposed to being allowed without
permitting.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-05 with staff recommendations
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and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution noting there were no provisions for buffers between
residences and the airport and also does not address the health and safety of residents. She
also suggested the airport was a high impact to residents on Float Plane Road.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the land was trapped and a solution was being sought to try to resolve the issue
and allow Kenai to grow. It was also noted that the land’s specific use was to fund the airport and
be used for airport uses.
MOTION TO AMEND :
Commissioner Springer MOVED amend the land use table to change mini-storage facilities,
storage yards, and warehouses from permitted use to allowable by conditional use permit and
Commissioner Focose SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ16-07 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map by Rezoning 48 Parcels Owned by the City of Kenai,
Located Within the Airport Reserve Boundary from Conservation Zone, Rural
Residential, and Light Industrial Zone to Airport Light Industrial Zone, and Rezoning a
Parcel Owned by the City of Kenai, Located Within the Airport Reserve Boundary
Described as: Lot 1A, Kenai Cemetery Expansion #2 With Vacation of Section Line
Easements; (KPB Parcel No. 04317037) from Suburban Residential Zone together
with Conservation Zone (Split Zone) to Conservation Zone.
City Planner Kelley reviewed his staff report recommending approval of the Resolution PZ16-07,
which was a recommendation to City Council to approve an ordinance to rezone 48 parcels to
protect the viability of the airport and encourage appropriate development and compatible land
uses consistent with aviation uses
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-07 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution suggesting City Council asked for
recommendations, not rezoning. Also suggested that a rezoning shouldn’t be done due to the
repeal of the Comprehensive Plan; she read her letter into the record which was included in the
laydown.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the airport was a nuisance because of noise; that the buffer zones could be
reconsidered; that a lot of time was spent at work sessions reviewing buffer zones but no one
came forth to express concerns.
Staff pointed out that the Airport Master Plan was being reviewed by the Airport Commission and
operations, expansions, and noise mitigation options were being considered; that rezoning the
properties dovetailed with the master plan review. It was also pointed out that most development
was near the current terminal.
VOTE:
YEA: Glendening, Fikes, Focose, Springer, Pettey
NAY: Twait, Peterson
MOTION PASSED.
c. PZ16-08 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map By Rezoning an approximately 900-foot portion of a Parcel
Owned by the City of Kenai Described as: W1/2 Lying N. of Kenai Spur Hwy. & E. of
Marathon Rd., Excluding All Baron Park Subs. & Kenai Industrial Park, (KPB Parcel
No. 04501057), and a Parcel Owned by the City of Kenai Described as: S 1/2, S 1/2,
SW 1/4, Lying South of the Kenai Spur Hwy. (KPB Parcel No. 04501003) from
Conservation to General Commercial.
City Planner Kelley reviewed his staff report and provided a history of the parcels, noting previous
plats had been approved but not recorded; recommended approval of the rezone noting the
following:
• Any future development would require Landscape Site Plans which would address buffers
for residents along Lawton Drive
• Adoption of the ordinance changes the zones; doesn’t change the uses
• Further subdivision would be required to retain buffers or designate a park
• Parcels were narrow and after parking, setbacks, snow storage, etc. there was little left to
develop.
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-08 with staff recommendations
and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Mayor Porter noted consideration of rezoning these particular parcels had always been a
contentious issue and that the Airport Commission requested it so they could complete the Airport
Master Plan. She also noted that the airport had to remain self-sustaining in order that taxpayers
didn’t have to subsidize it and when airport properties were leased or sold, the funds were
designated to the Airport Fund.
Roy Wells spoke against rezoning one of the parcels due to the houses across street; noted
general commercial was much different than conservation; spoke in favor of keeping the park.
Lucy Barton encouraged the City to purchase the parcel from the airport.
Kristine Schmidt spoke against rezoning the parcels, noting there wasn’t a big demand to rezone,
that residents oppose rezoning, and that restrictions created by Landscape Site Plans were not
satisfactory as rocks were not as good as trees. She suggested the City purchase the property
and that not every inch of property needed to be developed and monetized.
Debbie Adamson spoke against rezoning suggesting the City and the Airport trade land. She
noted she loved the green look of Kenai; used Lawton Drive to walk; many visit the park. She
also noted that school children walked to and from school utilizing Lawton Drive and the additional
traffic that rezoning would bring was worrisome.
Bob McIntosh noted the history of the funding of Wildflower Field; suggested the Federal Aviation
Administration wouldn’t repossess the land and that conservation is not a trap. He also noted the
green spaces were what made people want to live here.
Roy Wells spoke regarding the monetization of property, pointing out that the City benefited twice
when selling property for retail use, first with the profits from selling the land and then again with
the taxes collected by the retail establishment. He suggested it was a small price to pay to keep
a buffer of land to separate residences from commercial.
There being no one else wishing to be heard, the public hearing was closed.
Administration clarified differences in the meaning of conservation district in the 2003
Comprehensive Plan and in Kenai Municipal Code. Also noted the original deed pre-dated zoning
codes.
VOTE:
YEA:
NAY: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
MOTION FAILED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
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8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reported on the following meetings:
March 2, 2016:
• Enacted an Ordinance to fund the revisions of the 2003 Comprehensive Plan.
• Also provided a challenge grant for the fire suppression system for the Russian
Orthodox Church.
b. Borough Planning – No report; no meetings.
c. Administration – Kelley reported on the following matters:
• The All Hazard Mitigation Plan required a 5-year update; would be scheduling
meetings to do so.
• Met with the consultant for the Comprehensive Plan Revision; discussed meetings
and developing a process.
11. PERSONS PRESENT NOT SCHEDULED:
Airport Manager M. Bondurant spoke about the process required for projects at the airport; noting
environmental assessments and findings of impact as well as public noticing and public hearings.
She also noted that the airport wanted to be a good neighbor and took impacts of construction
and noise seriously.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 23, 2016
Commissioner Pettey noted she would be absent.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey thanked City Planner M. Kelley and those that testified. She noted she
would like to see the parcels on Lawton Drive to be permanently placed in conservation.
Commissioner Fikes added that she appreciated public comments and the transparency from the
airport manager.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
9:38 p.m.
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Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy Clerk
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KENAI CITY COUNCIL WORK SESSION
FY2017 PROPOSED BUDGET
APRIL 30, 2016
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
Council present: P. Porter, R. Molloy, H. Knackstedt, B. Gabriel, T. Navarre, T. Bookey, M.
Boyle
Others present: City Manager R. Koch, Finance Director T. Eubank, City Attorney S.
Bloom, and City Clerk S. Modigh
Mayor Porter began the work session at approximately 9:00 a.m.
City Manager Koch provided an introduction on the FY2017 Manager’s Proposed Budget
process. Koch advised that the proposed FY17 draft budget when originally distributed included
a 20% increase in employee health care premiums. It has been determined since then that the
actual renewal for the FY17 is a decrease of 5.7%.
Mr. Koch advised that the General Fund budget, as presented, resulted in revenues over
expenditures of $2,479 including a projected budget lapse of $755,909, therefore no use of the
Fund balance was required.
Public Comment:
June Harris, on behalf of the Kenai Historical Society requested the City Council include a
grant for the historic cabin park in the amount of $500 to match the $4,000 provided in FY16.
Mr. Harris requested funding be included to place a monitoring system and street lighting in the
amount $15,000 -18,000 for the cabin park.
Megan Smith from the Chamber of Commerce requested that the City partner with the Chamber
to create a Come to Kenai brand similar to Soldotna’s creation. The cost is estimated at
$10,000. Mrs. Smith requested the two entities split the cost in efforts of marketing the City for
tourism.
Mr. Koch recommended that if Council desires to create surveillance system, the City look at
this on a larger scale for the parks, etc.
Finance Director Terry Eubank provided an overview of factors considered during the budget
process and outlined the main components of the budget. It was noted there wasn’t an increase
proposed to City salaries due to the Anchorage index being in the negative.
Eubank advised that the City’s beginning to see the slowdown of the north area related to sales
tax revenue and that the City may not hit its projected revenue for 2015. The City has seen a
marginal increase in property taxes.
The information below are the areas of the budget that the Administration and/or Council
requested revisions to the proposed FY17 budget.
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Page 2
Expenditures
Legislative
Proposed Additional
5047-Legislative Grants to Other Agencies and breakdown
for distribution of grant funds
a. Kenai Watershed Forum Water Testing $5,000
b. Oilers Baseball Park Utilities 2,650
c. Kenai Chamber of Commerce 4th of July Activities 2,500
d. Kenai Chamber of Commerce Fireworks 3,500
e. Industry Appreciation Day Sponsorship 500
f. Economic Outlook Forum 500
g. Kenai Historic Society 3,500 $500
h. Kenai Boys & Girls Club Grant 10,000
i. CARTS $4,000 $1,000
j. Chamber of Commerce “Come to Kenai” $5,000
k. Fire Truck $10,000 $10,000
l. Miscellaneous $2,500
Total Grants to Other Agencies $32,150
Total Recommended Amendments $ $19,000
Fire
With no objection from Council, the City Manager requested to include the following:
• Scheduling Software $2,200
• Respirator Fit Tester $8, 200
• Mobile Data Project $4,200
Streets
With no objection from Council, the City Manager requested to include the following:
• Inlet Woods Storm Drain Improvements $78,000
Library
With no objection from Council, the City Manager requested to include the following:
• Children’s Library Book Shelves $15,000
Parks & Recreation
With no objection from Council, the City Manager requested to include the following:
• 72” Mower Replacement $30,000
• Millennial Town Square Design $35,000
Planning & Zoning
With no objection from Council, the City Manager requested to include the following:
• GIS Consultant $2,200
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Page 3
Buildings
With no objection from Council, the City Manager requested to include the following:
• Recreation Center Mechanical Improvements $20,000
Personal Use Fishery
City Manager advised that it was his intent to include a drop off fee in the fishery to help build a
fund balance to protect the fishery.
There was not consensus by Council on this matter; therefore, Council requested Administration
provide a report to Council for further determination.
General Discussion
The Finance Director and Administration discussed the idea of creating a Fund for potential health
care deductibles.
It was noted with the proposed budget, an estimated $137,310 surplus could be placed into the
General Fund.
The work session was adjourned at 1:29 p.m.
Notes prepared by:
_______________________________
Sandra Modigh, CMC
City Clerk
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KENAI CITY COUNCIL – REGULAR MEETING
MAY 4, 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 May 4, 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:
**Hannah Drury, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy Clerk
3. Agenda Approval
Mayor Porter noted the following items to be added to the packet:
Revise Language
Of Item F.4. Unfinished Business
• Action/Approval – Schedule a Work Session to Discuss
Proposed Ordinances Relating to Establishment of Airport
Light Industrial Zone and the Rezoning of Parcels to Airport
Light Industrial.
Add to item H.4 Parks and Recreation Commission Report
• Resolution No. PR2016-01
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MOTION:
Council Member Molloy MOVED to approve the agenda with requested revisions to the agenda
and packet and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the
motion.
VOTE: There being no objections, SO ORDERED.
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.
B. SCHEDULED PUBLIC COMMENTS
1. Steven L. Rouse, Executive Director, Kenai Peninsula Housing Initiatives (KPHI)
– Requesting Land Donation for the Development of Senior and Other Needed
Housing in Kenai.
Steven Rouse noted he met with City Manager R. Koch and Mayor Porter regarding affordable
independent senior housing and income restricted housing projects. He suggested two parcels
of property where ten units total could be built and urged the Council to direct the manager to
prepare resolutions giving Kenai Peninsula Housing Initiatives (KPHI) site control. It was
explained that providing site control showed the granting agencies community support which was
a requirement for grant funding. He also provided a history of KPHI and their projects noting that
it was formerly an advocacy group, now a community housing development corporation
developing projects in Homer, Ninilchik and Soldotna.
C. UNSCHEDULED PUBLIC COMMENTS
D. PUBLIC HEARINGS
1. Ordinance No. 2886-2016 – Accepting and Appropriating Funds Forfeited to the
Kenai Police Department.
MOTION:
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May 4, 2016
Council Member Gabriel MOVED to enact Ordinance No. 2886-2016 and the motion was
SECONDED by Council Member Knackstedt.
Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment
was closed.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Boyle, Molloy
NAY:
** Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
2. Ordinance No. 2887-2016 – Accepting and Appropriating a Grant from the Federal
Aviation Administration for the Small Taxiways and Aircraft Tiedown Rehabilitation
2015-2016 Project and Awarding a Construction Contract to Knik Construction
Company, Inc.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2887-2016 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.
It was noted that the bid prices of many projects have come in low this year.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Boyle,Molloy
NAY:
** Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
3. Resolution No. 2016-17 – Authorizing the Amendment of the City’s Public
Employee’s Retirement System Participation Agreement with the State of Alaska to
Exclude All Seasonal Employees.
MOTION:
Council Member Bookey MOVED to adopt Resolution No. 2016-17 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.
It was clarified that the amendment did not affect any current practices.
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VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Boyle, Molloy
NAY:
** Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
4. Resolution No. 2016-18 – Authorizing a Budget Transfer Within the General Fund –
Shop Department for the Modification and Upgrade of the Shop’s Air Quality
Monitoring System.
MOTION:
Council Member Gabriel MOVED to adopt Resolution No. 2016-18 and the motion was
SECONDED by Councilor Bookey. 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.*Work Session of April 18, 2016
Minutes were approved by the consent agenda.
2.*Regular Meeting of April 20, 2016
Minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS –
1. Ordinance No. 2883-2016 – Amending Kenai Municipal Code Section 21.15.260 –
Acquisition of Real Property, to Allow for Acquisition of Real Property Outside the
Airport Reserve as Airport Lands for Public Use, Including Use for Establishing and
Maintaining Buffer Zones. [Clerk’s Note: At its April 6 meeting, Council postponed
introduction of this ordinance to the May 4 meeting. A motion to introduce is on the
floor.]
It was clarified that the public hearing would be held on 5/18.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Boyle, Molloy
NAY:
** Student Representative Drury: YEA
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2. Ordinance No. 2884-2016 – Enacting Kenai Municipal Code Section 14.20.065 –
Airport Light Industrial Zone, Amending Kenai Municipal Code Section 14.22.010 –
Land Use Table and Kenai Municipal Code Chapter 14.24 – Development Requirements
Table, to add the Airport Light Industrial Zone. [Clerk’s Note: At its April 6 meeting,
Council postponed introduction of this ordinance to the May 4 meeting. A motion to
introduce is on the floor.]
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Boyle, Molloy
NAY:
** Student Representative Drury: YEA
3. Ordinance No. 2885-2016 – Amending the Official Kenai Zoning Map by Rezoning 51
Parcels Owned by the City of Kenai, Located within the Airport Reserve Boundary from
Conservation Zone, Rural Residential Zone, Suburban Residential Zone, and Light
Industrial Zone to Airport Light Industrial Zone and Ratifying the Application to the
Planning And Zoning Commission for the Amendments. [Clerk’s Note: At its April 6
meeting, Council postponed introduction of this ordinance to the May 4 meeting. A
motion to introduce is on the floor.]
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Boyle, Molloy
NAY:
** Student Representative Drury: YEA
4. Action/Approval – Schedule a Work Session to Discuss Proposed Ordinances
Relating to Establishment of Airport Light Industrial Zone and the Rezoning of Parcels
to Airport Light Industrial Zone at the Rezoning of Parcels to Airport Light Industrial.
[Clerk’s Note: At its April 6 meeting, Council postponed introduction of this ordinance
to the May 4 meeting. A motion to introduce is on the floor.]
It was suggested that there were questions and ideas that would better be handled at a work session.
It was pointed out that there was a public hearing scheduled, that there had been previous work
sessions and public hearings on the matters and if it became clear a work session was needed in the
future, one could be scheduled.
MOTION:
Council Member Molloy MOVED to schedule a work session to discuss Ordinance numbers 2884-
2016 & 2885-2016 and the motion was SECONDED by Council Member Boyle.
VOTE:
YEA: Bookey, Boyle, Molloy
NAY: Gabriel, Knackstedt, Porter
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May 4, 2016
** Student Representative Drury: YEA
MOTION FAILED.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Ordinance No. 2888-2016 – Accepting and Appropriating a Federal Grant from the
US Department of Agriculture, US Forest Service Passed Through the State of Alaska
Department of Natural Resources, Division of Forestry.
Introduced by the consent agenda and public hearing set for May 18, 2016.
3. *Ordinance No. 2889-2016 – Increasing Estimated Revenues and Appropriations by
$88,339 in the General Fund to Provide Supplemental Funds for Fiscal Year 2016 due
to an Unforseen Loss of Revenue From the Choice Waiver Meal Program.
Introduced by the consent agenda and public hearing set for May 18, 2016.
4. Action/Approval – Purchase Orders Exceeding $15,000.
MOTION:
Council Member Bookey MOVED to approve the purchase orders exceeding $15,000 and the
motion was SECONDED by Council Member Gabriel. UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
Council Member Navarre joined the meeting at 6:38pm.
5. Action/Approval – Assignment of Lease between Russell Winger and Dewayne
Benton for property described as Lot 3, Block 4, General Aviation Apron, According to
Plat 73-68.
MOTION:
Council Member Molloy MOVED to approve the assignment of lease between Russell Winger
and Dewayne Benton for property described as Lot 3, Block 4, General Aviation Apron, according
to Plat 73-68 and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS
CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
6. Action/Approval – Authorizing the Third Amendment to Lease of Airport Facilities
between the City of Kenai and Alaska Realty Group, Inc.
MOTION:
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City of Kenai Council Meeting Page 7 of 10
May 4, 2016
Council Member Knackstedt MOVED to authorize the third amendment to lease of airport facilities
between the City of Kenai and Alaska Realty Group, Inc. and the motion was SECONDED by
Council Member Bookey. UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
7. Action/Approval – Approving a Special Use Permit for a Carnival at the Softball
Green Strip.
MOTION:
Council Member Molloy MOVED to approve a Special Use Permit for a carnival that the Softball
Green Strip and the motion was SECONDED by Council Member Navarre. UNANIMOUS
CONSENT was requested.
It was confirmed that the Airport Manager had no objection.
VOTE: There being no objections, SO ORDERED.
8. Action/Approval – Schedule Annual Employee Performance Evaluation for the City
Manager.
MOTION:
Council Member Molloy MOVED to schedule a meeting for the employee performance evaluation
for the City Manager and the motion was SECONDED by Council Member Bookey. UNANIMOUS
CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
It was decided that the meeting would be held on June 16, 2016 at 6:00 p.m.
9. Discussion – Ballot Proposition Regarding the City’s Purchase of Lawton Acres.
It was pointed out that rezoning the property becomes a controversial issue every time it is
suggested. It was suggested tax payers of the City of Kenai purchase the property from the
airport; also suggested the matter be put to an advisory vote at the next election.
There was other suggestion that the airport could benefit from development of the property with
buffer protections as had been done in the Three Bears area and other ways to monetize the
property before putting it before the voters should be looked at.
10. Discussion – City of Kenai Land Sales.
Administration advised that unsolicited offers for purchase of City property were becoming more
robust; noted the code wasn’t very detailed in the parameters to follow; suggested a code change
to make unsolicited offers work better and allow for competitive process.
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City of Kenai Council Meeting Page 8 of 10
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There was concern regarding the timeframe of developing and adopting a code amendment and
the potential moratorium it would put in place while the amendments were developed and
enacted.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – No report; next meeting 5/12
2. Airport Commission – No report; next meeting 5/12
3. Harbor Commission – No report; next meeting 5/9
4. Parks and Recreation Commission – No report; next meeting 5/5
5. Planning and Zoning Commission – It was reported that the shore fishery leases were
approved; also noted upcoming Comprehensive Plan meetings and work sessions.
6. Beautification Committee – No report; next meeting 5/10.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Porter reported on the following:
• Proclamation for Nedra Evensen
• Attended the Comprehensive Plan Town Hall meeting
• Met with candidates for the Airport Commission vacancy
• Met with the American Legion regarding the Memorial Day
Ceremony
• Noted the Kenai Peninsula Borough decided to publish meeting
notices on their website; asked consideration of doing similar in
Kenai.
It was noted that this was Drury’s last meeting and that Mackenzie Linderman would be the next
Student Representative.
J. ADMINISTRATION REPORTS
1. City Manager reported on the following:
• A day use permit had been granted to the Far North Roller Derby
for the Multi-Purpose Facility
• Meeting with bowling alley RFP respondents was planeed
• Planned to meet with Committees and Commissions to discuss the
FY17 Budget
• Provided an update on bills in the legislature
• Advised that hiring summer temporary staff was ongoing
• Noted a retirement party for Police Chief G. Sandahl
2. City Attorney – no report.
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3. City Clerk – reported an appeal had been received and a Board of Adjustment hearing
needed to be scheduled; it was decided that the hearing would be scheduled at the
next Council meeting. The committee and commission members that volunteered
their time were also thanked.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Charlie Yamada advised that she was still interested in bowling alley should her proposal be
chosen; still researching and receiving offers for assistance with renovations. She also advised
that her son had received $20,000 in scholarship funds from the bowling association noting that
it was a good cause. Finally, she thanked Council for their work.
2. Council Comments
Councilor Knackstedt thanked Drury for her time as Student Representative; noted the housing
project looked like a good one and hoped for discussion later regarding cost/benefit analysis;
attended the volunteer appreciation dinner and thanked the Clerk for organizing it and the Mayor
for requesting it.
Vice Mayor Gabriel also thanked Drury for her service on City Council; attended the volunteer
appreciation dinner, noted it was nice to honor those that unselfishly serve committees and
commissions; reported on Department of Transportation plans for repaving and fixes on the Kenai
Spur Highway; thanked the Kenai Police Department and Kenai Streets Department for
assistance with the sink hole; requested action/approval items on the next agenda for the housing
projects discussed earlier in the meeting.
Council Member Navarre echoed gratitude for Drury’s service on City Council; attended BP’s
Teacher of Excellence award banquet on behalf of the school board noting five Kenai Peninsula
Borough School District teachers received awards; thanked Sandahl for his service to the City.
Council Member Molloy thanked Yamada for her interest in the bowling alley property, Rouse for
interest in housing projects, and Drury for participation on City Council.
Council Member Bookey thanked Drury and wished best of luck; noted he was proud to be able
to say Sandahl was Kenai’s Police Chief and the work that had been accomplished to build up
the department.
Council Member Boyle explained he had wanted to reconsider the vote on scheduling the work
session to be fair to the city; noted he was supportive of code changes regarding land sales;
thanked Drury for her time on City Council and congratulated her on graduation.
Student Representative Drury noted a district wide leadership meeting had been set up for several
Student Council’s to participate in; thanked for opportunity to be a part of Council.
L. EXECUTIVE SESSION – None Scheduled.
M. PENDING ITEMS – None.
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May 4, 2016
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:18 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of May 4, 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 136 of 303
AGENDA
KENAI CITY COUNCIL – SPECIAL MEETING
MAY 9, 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:
Scott Bloom, City Attorney
Sandra Modigh, 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
City of Kenai Meeting Minutes
May 9, 2016 Page 1 of 2
Page 137 of 303
1. Review and Discussion of the City Attorney’s Evaluation which may be a Subject
that Tends to Prejudice the Reputation and Character of the City Attorney [AS
44.62.310(C)(2)].
MOTION:
Council Member Gabriel MOVED to convene in executive session for review and
discussion of the City Attorney’s evaluation which may be a subject that tends to prejudice
the reputation and character of the City Attorney [AS 44.62.310(C)(2)] and requested
UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion and
requested the City Attorney be available.
There being no objections, SO ORDERED.
Council reconvened in open session and Vice Mayor Gabriel advised that City Attorney
Scott Bloom received a positive evaluation.
2. Review and Discussion of the City Clerk’s Evaluation which may be a Subject that
Tends to Prejudice the Reputation and Character of the City Clerk [AS
44.62.310(C)(2)].
MOTION:
Council Member Gabriel MOVED to convene in executive session for review and
discussion of the City Clerk’s evaluation which may be a subject that tends to prejudice
the reputation and character of the City Clerk [AS 44.62.310(C)(2)] and requested
UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion and
requested the City Clerk be available.
There being no objections, SO ORDERED.
Council reconvened in open session and Vice Mayor Gabriel advised that City Clerk
Sandra Modigh received a positive evaluation.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at
approximately 9:55 p.m.
Minutes prepared and submitted by:
____________________________
Sandra Modigh, CMC, City Clerk
City of Kenai Meeting Minutes
May 9, 2016 Page 2 of 2
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_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: City Attorney
CITY OF KENAI
ORDINANCE NO. 2892-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE TITLE 2 – ALCOHOLIC BEVERAGES, TO ADD PROVISIONS
FOR REVIEWING STATE COMMERCIAL MARIJUANA ESTABLISHMENT LICENSE
APPLICATIONS AND MAKING OTHER HOUSEKEEPING CHANGES.
WHEREAS, on November 4, 2014, the voters of the State of Alaska passed Ballot
Measure 2, an Act to Tax and Regulate the Production, Sale, and Use of Marijuana,
codified as Alaska Statute 17.38; and,
WHEREAS, Alaska Statute 17.38.210 states in part that “a local government may enact
ordinances or regulations not in conflict with this chapter or with regulations enacted
pursuant to this chapter, governing the time, place, manner and number of marijuana
establishment operations”; and,
WHEREAS, on January 20, 2016, the City Council of the City of Kenai enacted an
ordinance designating itself as the local regulatory authority for regulation of local
marijuana establishments as provided for under Alaska Statute 17.38 and also enacted
Planning and Zoning regulations; and,
WHEREAS, State regulations provide, similar to liquor licenses, that a local municipality
may protest a state application for a commercial marijuana establishment, or
recommend its approval subject to certain conditions; and,
WHEREAS, the State is beginning to process the first commercial marijuana licenses;
and,
WHEREAS, it is in the best interest of the City to amend Title 2 of the Kenai Muncipal
Code which currently regulates alcohol and the processing of State liquor licenses, to
include provisions for processing State commercial marijuana licenses.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Title 2 of the Kenai Municipal Code: That Kenai Municipal
Code, Title 2 – Alcoholic Beverages, is hereby amended as follows:
Title 2
ALCOHOLIC BEVERAGES AND MARIJUANA
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Page 2 of 4
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New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Amendment of Chapter 2.05 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 2.05 – Intoxicating Liquor Defined, is hereby amended as
follows:
2.05 [INTOXICATING LIQUOR DEFINED] DEFINITIONS
2.05.010 Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the following
words shall have the meanings given to them by this section:
(a) [AS USED IN THIS TITLE,] “[I]Intoxicating [L]Liquor” includes but is not limited
to whiskey, brandy, rum, gin, wine, ale, port, or beer, and all other spirituous, vinous
malt, and other fermented or distilled liquors intended for human consumption and
containing more than one percent (1%) alcohol by volume.
(b) “Marijuana” means all parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof, the resin extracted from any part of the plant, and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,
or its resin, including marijuana concentrate. The term does not include fiber produced
from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant
which is incapable of germination, or the weight of any other ingredient combined with
marijuana to prepare topical or oral administrations, food, drink, or other products.
Section 4. Amendment of Chapter 2.10 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 2.10 – Transfer of License, is hereby amended as follows:
2.10 TRANSFER OF [LIQUOR] LICENSE
2.10.030 Hearing Standards
A hearing pursuant to this Code shall inquire into the manner of conduct of the
premises licensed for liquor dispensary operation or commercial marijuana operation,
and the Council may establish standards for the individual licensee in question, to be
incorporated into a resolution, with respect to the premises which are the subject of the
hearing in question to include, but not necessarily be limited to, the following:
(a) Conduct of the business by the transferee or applicant and employees, as well as
past conduct of the transferor;
(b) Maintenance of health standards on the premises in question or any
improvements to be required;
(c) Set an amount of public liability insurance to apply to the licensed premises
which shall carry reasonable limits consistent with industry standards[COMMONLY
REFERRED TO AS NOT LESS THAN $20,000/100,000 OR SUCH OTHER HIGHER
LIMITS AS MAY BE REQUIRED BY THE COUNCIL];
(d) Payment to the City of all taxes or obligations of the premises involved and limited
to such premises;
Page 162 of 303
Ordinance No. 2892-2016
Page 3 of 4
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
(e) A requirement that the operations of the premises shall be for a period of not less
than nine (9) months out of each calendar year of operation;
(f) A finding that disorderly conduct has occurred on the premises at least three
times in the course of any one particular calendar year—such violations to include
instances where the licensee has failed to request assistance of the police in maintaining
order;
(g) And such other aspects of the proposed operation as would reasonably be a
matter for public concern pursuant to the police powers of the City of Kenai, Alaska.
Section 5. Amendment of Chapter 2.20 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 2.20 – Sales on Election Day, is hereby amended as follows:
2.20.010 Sales permitted.
The provisions of AS 04.16.070 do not apply within the City of Kenai when
elections are being held and intoxicating liquor and marijuana may be sold or otherwise
disposed of within the City of Kenai on election days in the same manner and pursuant
to the same regulations as on other days.
Section 6. Amendment of Chapter 2.40 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 2.40 – Approval of an Activity of a Licensee, is hereby amended
as follows:
2.40.010 Obligations to City.
It is determined to be in the public interest that holders of or applicants for
licenses issued by the Alcoholic Beverage Control Board and the Marijuana Control
Board of the State of Alaska shall have all obligations to the City of Kenai on a
satisfactory basis prior to the City Council approval of any activity of said license holder
or applicant.
2.40.020 Approval by Council.
The Council may approve a notice of non-objection for the issuance, transfer, or
renewal of any license or permit issued by the Alcoholic Beverage Control Board or the
Marijuana Control Board in the City of Kenai as long as the licensee(s) or permittee(s)
has satisfied all obligations to the City or entered into a City approved payment plan
with the Borough or City on any obligations owed to the City and the licensee(s) or
permittee(s) is in compliance with such payment plan. If the licensee(s) or permittee(s)
has an outstanding obligation to the City and a City approved payment plan has not
been entered into, or if the licensee(s) or permittee(s) is not in compliance with the plan,
the Council may cause a protest to be filed with the State Alcoholic Beverage Control
Board or Marijuana Control Board.
Section 7. 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
Page 163 of 303
Ordinance No. 2892-2016
Page 4 of 4
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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 8. Effective Date: That pursuant to Kenai Municipal Code Section
1.15.070(f), this ordinance shall take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: May 18, 2016
Enacted: June 1, 2016
Effective: July 1, 2016
Page 164 of 303
MEMORANDUM
TO: Mayor Porter and Council Members
FROM: Scott M. Bloom, City Attorney
DATE: May 9, 2016
SUBJECT: KMC Title 2, Marijuana License Ordinance No. 2892-2016
On January 20, 2016, the City Council enacted an ordinance designating itself as the local
regulatory authority for regulation of local marijuana establishments as provided for under
Alaska Statute 17.38. This designation allows the City to collect a share of licensing fees
and establishes the Council as the body to process State marijuana licenses at the local level
after notification by the State. The State is currently processing the first commercial
marijuana licenses. This Ordinance amends Title 2 of the City’s Code which currently
includes provisions for processing State liquor licenses, to include provisions for
processing State marijuana licenses. This approach is consistent with the concept of
treating marijuana like alcohol.
Your consideration is appreciated.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.kenai.city
Page 165 of 303
[PAGE LEFT BLANK INTENTIONALLY]
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_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Council Member Bookey
CITY OF KENAI
ORDINANCE NO. 2893-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 14.20.290-APPEALS-BOARD OF ADJUSTMENT,
TO ALLOW BOARD OF ADJUSTMENT HEARINGS TO BE HELD WITHIN 45 DAYS OF
THE FILING OF AN APPEAL INSTEAD OF 30 DAYS.
WHEREAS, Kenai Municipal Code Section 14.20.290(f)(1) – Appeals – Board of
Adjustment, currently requires the Board to hold a hearing within 30 days of the filing
of an appeal unless good cause is found; and,
WHEREAS, due to City Council meeting schedules and practices for scheduling Board
hearings, appeals are almost always heard outside the 30 day window; and,
WHEREAS, amending KMC 14.20.290 to allow for appeals to be heard within 45 days
instead of 30 days, without a finding of good cause will make the code more consistent
with actual practices and eliminate the extra step of having to find good cause for each
hearing held outside 30 days; and,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 14.20.290 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.290 – Appeals–Board of Adjustment, is hereby amended
as follows:
(f) Procedure.
(1) The Board of Adjustment shall ordinarily set a date for and hold a hearing
on all appeals within [THIRTY (30)]forty-five (45) days of the filing of the appeal.
However, should the [THIRTIETH]forty-fifth day fall on a weekend or a municipal
holiday, the hearing may be scheduled for the next following weekday which is
not a municipal holiday under KMC 23.40.020(a)(1) through (10) and (b). For
good cause, the Board of Adjustment may hold the hearing up to sixty (60) days
after the filing of the appeal. Notice of the time and place of such hearing shall be
mailed to all interested parties and to all property owners within three hundred
feet (300′) of the property involved at least fifteen (15) days prior to the hearing.
Notices to the appellant and/or applicant for the action or determination must
be sent by certified mail, return receipt requested.
Page 167 of 303
Ordinance No. 2893-2016
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part,
provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of June,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: May 18, 2016
Enacted: June 1, 2016
Effective: July 1, 2016
Page 168 of 303
MEMORANDUM
TO: Mayor Porter and Council Members
FROM: Terry Bookey, Council Member
DATE: May 11, 2016
SUBJECT: Ordinance No. 2893-2016, KMC Section, 14.20.290 – BOA Appeals
Kenai Municipal Code Section 14.20.290 – Appeals – Board of Adjustment, currently
requires the Board to hold a hearing within 30 days of the filing of an appeal unless good
cause is found. Hearings are almost never held within 30 days because of Council meeting
schedules and scheduling practices. Amending the code to allow hearings to be held within
45 days of the filing of an appeal without having to find good cause, allows sufficient time
to hold hearing consistent with current practices. Your consideration is appreciated.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.kenai.city
Page 169 of 303
[PAGE LEFT BLANK INTENTIONALLY]
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Page 174 of 303
Memorandum:
TO: Mayor and Council Members
FROM: Sandra Modigh, City Clerk
City of Kenai
DATE: May 13, 2016
RE: Request to Change Meeting Start Time
At its May 9 meeting, the Harbor Commission requested City Council revise its meeting start
time pursuant to Council Policy No. 2016-01(3)(c). The policy provides that by motion, Council
may revise meeting start times for committees and commissions.
The Commission has requested Council change its meeting start time from 7:00 p.m. to 6:00
p.m. Your consideration is appreciated.
Attachment.
/SM/
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
Page 175 of 303
MOTION:
Commissioner Peters MOVED to recommend approval of the leases and Commissioner
Greenberg SECONDED the motion. There were no objections; SO ORDERED.
b. Request Council Revise the Commission’s Meeting Start time from 7pm to 6pm.
It was noted that City Council meets at 6pm.
MOTION:
Commissioner Hutchison MOVED to request City Council revise the Commission’s meeting time
to 6pm and Commissioner Barth SECONDED the motion.
VOTE:
YEA: Morin, Barth, Greenberg, Hutchison
NAY: Peters
MOTION PASSED.
5. UNFINISHED BUSINESS
a. Proposed Resolution Requesting City Council Clarify the Harbor Commission’s
Duties and Responsibilities.
It was noted that a draft resolution was mailed to the commissioners and recommended that the
Public Works Director work with the City Attorney to prepare a resolution and add it to the next
meeting’s agenda.
7. REPORTS
a. Public Works Director – noted that construction was near completion on the
South Beach Road Project and that the floats had been installed at the dock. It
was also noted that funds had been budgeted in the FY17 Budget to fix the
concrete dock.
b. Commission Chair – frustration with City Council.
c. City Council Liaison – no report.
8. NEXT MEETING ATTENDANCE NOTIFICATION – June 6, 2016
It was noted that Commissioners Morin, Greenberg and Barth may be gone.
9. COMMISSIONER COMMENTS/QUESTIONS
Harbor Commission Meeting
May 9, 2016
Page 2
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Page 274 of 303
Memorandum:
TO: Mayor and Council Members
FROM: Sandra Modigh, City Clerk
City of Kenai
DATE: May 11, 2016
RE: Appeal of Animal Control Officer’s Action on an Application for an Animal Control
Kennel License to Keep Four or More Dogs on the Premises Located at 1808
Julie Anna Drive, Kenai AK; Appeal Submitted by Jeffery Twait and Heather
Morning.
An application to appeal the above-referenced matter was received on May 3, 2016.
KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides,
(1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on
all appeals within thirty (30) days of the filing of the appeal. However, should the
thirtieth day fall on a weekend or a municipal holiday, the hearing may be
scheduled for the next following weekday which is not a municipal holiday under
KMC 23.40.020(a)(1)-(10) and (b). For good cause, the Board of Adjustment
may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of
the time and place of such hearing shall be mailed to all parties interested and to
all property owners within 300 feet of the property involved at least fifteen (15)
days prior to the hearing. Notices to the appellant and/or applicant for the action
or determination must be sent by certified mail, return receipt requested.
Please set a Board of Adjustment hearing for the above-referenced matter using the following
information:
THIRTY-DAY END DATE Thursday, June 2, 2016
COUNCIL MEETING DATE (within 30-day
requirement)
Wednesday, May 18, 2016
SIXTY-DAY END DATE Saturday, July 2, 2016 (Weekend)
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
Page 275 of 303
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. Scheduling the hearing within the 30 day
time period would not provide enough time to meeting the notice requirement. 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, June 21
Thursday, June 23
Monday, June 27
Tuesday, June 28
Your consideration is appreciated.
/SM/
Monday, July 4, 2016 (Holiday)
Tuesday, July 5, 2016
COUNCIL MEETING DATE(S) (within 60-day
requirement)
Wednesday, May 18, 2016
Wednesday, June 1, 2016
Wednesday, June 15, 2016
[Type text]
Page 276 of 303
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Page 278 of 303
KENAI HARBOR COMMISSION MEETING
MAY 9, 2016 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR PHIL MORIN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Morin called the meeting to order at 7:02 p.m. Roll was confirmed as follows:
Commissioners present: Chair P. Morin, B. Peters, G. Greenberg, D. Barth, C.
Hutchison
Commissioners Absent: V. Askin, S. Thornton
Staff/Council Liaison present: Public Works Director S. Wedemeyer
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Peters MOVED to approve the agenda with the change of moving 5a to come
after 6; Commissioner Hutchison SECONDED the motion. There were no objections; SO
ORDERED.
3. APPROVAL OF MEETING SUMMARY – April 11, 2016
It was noted that the dates were wrong, that a Commissioner was listed as present that was no
longer a Commissioner, and there was a wrong name under Commissioner Comments.
It was suggested that a substitute be provided at the next meeting.
MOTION:
Commissioner Barth MOVED to postpone approval of the meeting summary of April 11, 2016 to
the next meeting and Commissioner Peters SECONDED the motion. There were no objections;
SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
[Clerk’s Note: The order of the agenda was adjusted at approval of the agenda.]
6. NEW BUSINESS
a. Renewal of Shore Fishery Leases
It was noted that the City could not charge more than the state, who charges $300 per year.
Page 279 of 303
Harbor Commission Meeting
May 9, 2016
Page 2
MOTION:
Commissioner Peters MOVED to recommend approval of the leases and Commissioner
Greenberg SECONDED the motion. There were no objections; SO ORDERED.
b. Request Council Revise the Commission’s Meeting Start time from 7pm to 6pm.
It was noted that City Council meets at 6pm.
MOTION:
Commissioner Hutchison MOVED to request City Council revise the Commission’s meeting time
to 6pm and Commissioner Barth SECONDED the motion.
VOTE:
YEA: Morin, Barth, Greenberg, Hutchison
NAY: Peters
MOTION PASSED.
5. UNFINISHED BUSINESS
a. Proposed Resolution Requesting City Council Clarify the Harbor Commission’s
Duties and Responsibilities.
It was noted that a draft resolution was mailed to the commissioners and recommended that the
Public Works Director work with the City Attorney to prepare a resolution and add it to the next
meeting’s agenda.
7. REPORTS
a. Public Works Director – noted that construction was near completion on the
South Beach Road Project and that the floats had been installed at the dock. It
was also noted that funds had been budgeted in the FY17 Budget to fix the
concrete dock.
b. Commission Chair – frustration with City Council.
c. City Council Liaison – no report.
8. NEXT MEETING ATTENDANCE NOTIFICATION – June 6, 2016
It was noted that Commissioners Morin, Greenberg and Barth may be gone.
9. COMMISSIONER COMMENTS/QUESTIONS
Page 280 of 303
Harbor Commission Meeting
May 9, 2016
Page 3
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:32
p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
Page 281 of 303
[PAGE LEFT BLANK INTENTIONALLY]
Page 282 of 303
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MAY 11, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, J. Twait, K. Peterson, G. Pettey, J. Focose, D. Fikes,
J Glendening
Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Planning Assistant
W. Anderson, Council Liaison H. Knackstedt and Attorney S.
Bloom
A quorum was present.
c. Agenda Approval
Chairman Twait recommended revising the agenda by addressing item 8.a as the first item of
business.
MOTION:
Commissioner Glendening MOVED to approve the agenda with the recommended amendment
by the Chair; Commissioner Focose SECONDED the motion. There were no objections; SO
ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda; Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be removed
from the Consent Agenda and considered in its normal sequence on the agenda as part of
Page 283 of 303
the General Orders.
e. *Excused Absences – None
2. *APPROVAL OF MINUTES: April 27, 2016
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS: None.
6. NEW BUSINESS:
a. Parliamentary Procedure and Alaska’s Open Meetings Act Training by City Clerk Sandra
Modigh and City Attorney Scott Bloom
City Clerk S. Modigh and City Attorney S. Bloom provided an overview of the Open Meetings
Act and Parliamentary Procedures.
7. PUBLIC HEARINGS:
a. PZ16-12 – Application for a Conditional Use Permit for a lodge to be located on the
property known as 1530 Angler Drive, Tract 2, Anglers Acres Subdivision, submitted by
Curt and Debra Shuey, P.O. Box 515, Kenai, AK 99611.
Applicants Curt and Debra Shuey participated telephonically.
City Planner Kelley reviewed his staff report, reviewing the conditions that are to exist as a
prerequisite to issuance of a conditional use permit and recommending approval of the permit
with the following conditions:
• Compliance with all Federal, State, and Local regulations
• A biennial fire inspection must be completed by the Fire Marshall for the City of Kenai
• A yearly conditional use permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
• Prior to issuance of the conditional use permit, applicant shall submit verification from the
State of Alaska, Department of Conservation that the septic system which is installed is
adequate to service the lodge
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ16-12 with staff recommendations
and Commissioner Peterson SECONDED the motion.
Chairman Twait opened the public hearing.
Applicants advised that they planned on renting out rooms at the lodge.
Planner Kelley noted that this residence is being converted to a commercial property via this
Planning and Zoning Commission Meeting
May 11, 2016
Page 2 Page 284 of 303
conditional use permit.
MOTION TO AMEND:
Commissioner Glendening MOVED to amend Resolution No. PZ16-12 by striking the word, “not”
on page 9, second paragraph, first sentence and Commissioner Peterson SECONDED the
motion.
VOTE ON AMENDMENT:
YEA: Pettey, Glendening, Focose, Springer, Peterson, Fikes, Twait
NAY:
MOTION PASSED UNANIMOUSLY
VOTE ON MAIN MOTION:
YEA: Pettey, Glendening, Focose, Springer, Peterson, Fikes, Twait
NAY:
MOTION PASSED UNANIMOUSLY
Commission Chair Twait noted the 15-day appeal period.
8. UNFINISHED BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the May 9
Council Meeting which was provided in the packet discussing the potential donation of
land for senior housing; advised satisfactory evaluations were conducted for the City
Attorney and City Clerk; Mayor proposed a ballot proposition for the sale of lands.
b. Borough Planning – Commissioner Glendening reviewed the action of the May 9 meeting.
c. Administration – Kelley reported on the following:
• Thanked all that attended the 4th Town Hall meeting.
• Reminded of upcoming work sessions related to the Comprehensive Plan.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: May 25, 2016
14. COMMISSION COMMENTS & QUESTIONS:
Planning and Zoning Commission Meeting
May 11, 2016
Page 3 Page 285 of 303
Commissioner Glendening thanked staff for efforts on updating the Comprehensive Plan.
Commissioner thanked the Attorney and Clerk for the training.
Twait requested the Clerk purchase an “In Brief” parliamentary procedure book for the
Commission to review.
Knacksted advised of the Board of Adjustment hearing scheduled on Monday, May 16.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:13 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
Planning and Zoning Commission Meeting
May 11, 2016
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KENAI BEAUTIFICATION COMMITTEE
MAY 10, 2016 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR LISA GABRIEL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Gabriel called the meeting to order at 7:05 p.m. Roll was confirmed as follows:
Members present: Chair L. Gabriel, C. Jung, A. Zulkanycz, S. Peterson, R. Sierer
Members absent: T. Canady, B. Madrid
Staff/Council Liaison present: Parks and Recreation Director B. Frates
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Committee Member Jung MOVED to approve the agenda and Member Zulkanycz SECONDED
the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. April 12, 2016
MOTION:
Committee Member Peterson MOVED to approve the meeting summary of April 12, 2016, and
Committee Member Jung SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS
a. Volunteer Plant Day
Parks and Recreation Director B. Frates referenced the program outline for Volunteer Plant Day.
The process and planning for the day was explained; various beds were reviewed and members
self-appointed themselves to facilitate planting at individual beds.
b. Winter Static Displays
Various pictures of static displays were reviewed with the thought that it would be mounted to the
side of the Visitor’s Center. Costs were also discussed.
It was decided this topic should be discussed further at the September meeting.
c. Summer Flower Garden Plans
Parks and Recreation Operator R. Dodge reviewed various flower bed designs drafted for the
summer season; each bed was reviewed and modifications made.
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Beautification Committee Meeting
May 10, 2016
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It was noted that the department had a lot of available material and the beds would be full with
some new plants included.
6. NEW BUSINESS
a. Fall Programming Activity
There was discussion regarding working with local businesses to potentially sponsor a fall
pumpkin patch in the Wildflower Garden. It was clarified that the event would be an afternoon
where small children could walk through, pick out pumpkins, and have an opportunity for photos.
7. REPORTS
a. Parks and Recreation – B. Frates reported on the following:
• Spring Clean-up May 9-14
• Various signs throughout town were being refurbished
• Roller Derby Exhibition scheduled at the Multi-purpose Facility on May 14
• Town Carnival scheduled for June 3 – 5
• Summer staff training ongoing
• Arbor Day planting by Mountain View Elementary students; Wildflower Garden
b. Committee Chair – No report.
c. City Council Liaison – No report
8. NEXT MEETING ATTENDANCE NOTIFICATION – September 13, 2016
9. COMMITTEE MEMBER QUESTIONS AND COMMENTS
Sierer spoke regarding biosolids composting; explained that Fairbanks re-purposes sludge from
their waste water plant and that Kodiak has been doing so since 2015.
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION – None.
12. ADJOURNMENT
MOTION:
There being no further business before the Committee, the meeting was adjourned at 8:45pm.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
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