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Home My WebLink About2016-10-05 Council PacketKENAI CITY COUNCIL – REGULAR MEETING OCTOBER 5, 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. 2924-2016 – Accepting and Appropriating Additional Funds from the Federal Aviation Administration for the Small Taxiways and Aircraft Tie-Down Rehabilitation 2015-2016 Project. .......................................... Pg. 5 2. Ordinance No. 2925-2016 – Appropriating Funds in the Vintage Pointe Enterprise Funds for Unbudgeted Repairs to the Facility’s Elevator. ....... Pg. 9 3. Resolution No. 2016-42 – Authorizing a Budget Transfer within the General Fund – City Lands Department for the Appraisal of 3 Parcels. ..............Pg. 13 4. Resolution No. 2016-43 – Opposing the Selection of G-South as the Preferred Alternative for the Sterling Highway at MP45-60 Project and Supporting the Juneau Creek Alternative. ..................................................................... Pg. 17 E. MINUTES 1.*Regular Meeting of September 7, 2016 ................................................... Pg. 27 2.*Regular Meeting of September 21, 2016 3.*Special Meeting of September 28, 2016 .................................................. Pg. 51 Kenai City Council Meeting Page 2 of 3 October 5, 2016 F. UNFINISHED BUSINESS 1. Ordinance No. 2917-2016 – Amending Kenai Municipal Code Section 3.10.020 – Control and Confinement of Animals, to Require Cats in the City to be Restrained at all Times. [Clerk’s Note: At its meeting on September 21, 2016, Council approved a motion to postpone the enactment of this ordinance; a motion to enact is on the floor.] ..........................................................Pg. 55 • Substitute Ordinance No. 2917-2016 – Impounding Procedure, to Clarify that all Domestic Animals Including Cats and Dogs may be Impounded if Found at Large on Public or Private Property…….Pg. 63 2. Ordinance No. 2920-2016 – Increasing Estimated Revenues and Appropriations by $4,206 in the Airport Fund, by $62,981 in the General Fund, and Amending KMC 23.50.010 for the Creation of a Fulltime Human Resource Officer. [Clerk’s Note: At its meeting on September 21, 2016, Council approved a motion to postpone the enactment of this ordinance; a motion to enact is on the floor.] ..............................................................................................Pg. 99 G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ............................................. Pg. 107 2. *Action/Approval – Purchase Orders Exceeding $15,000. ............... Pg. 109 3. Action/Approval – Mayoral Nomination to Appoint an Applicant to the Planning and Zoning Commission. ..................................................... Pg. 111 4. Action/Approval – Authorize the Donation of Approximately Twenty-Three (23) Bikes to Mountain View Elementary. ........................................... Pg. 113 5. Action/Approval – Status of the Sale of City Owned Property Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition. [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.] 6. Action/Approval – Schedule Work Session to discuss 2017 Capital Improvement Project Priorities. ........................................................... Pg. 115 7. Action/Approval – Schedule a Joint Work Session with the City Council, Harbor Commission and Parks & Recreation Committee to Review the 2016 Kenai River Personal Use Fishery (Dipnet) Report. 8. Action/Approval – Schedule a W ork Session to Discuss Airport Leases within the Airport Reserve. 9. Action/Approval – City Manager Recruitment. [AS 44.62.310(C)(2)(D)(5) a Subject that Tends to Prejudice the Reputation and Character of an Applicant; Kenai City Council Meeting Page 3 of 3 October 5, 2016 and Meetings of the Governmental Body when Holding a Meeting Solely to Act Upon Matters of Professional Qualifications] H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging ................................................................................ Pg. 119 2. Airport Commission ............................................................................ Pg. 121 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission ...................................................... Pg. 125 6. Beautification Committee .................................................................... Pg. 133 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – See item G.5 & G.9 M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Kenai Visitor and Cultural Center Report, 2nd Quarter, April-June 2016. 3. Correspondence from the Kenai Watershed Forum Expressing Appreciation for the City of Kenai’s 2016Kenai River Festival Sponsorship. 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. [PAGE LEFT BLANK INTENTIONALLY] Page 4 of 144 Page 5 of 144 Page 6 of 144 Page 7 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 8 of 144 Page 9 of 144 Page 10 of 144 Page 11 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 12 of 144 Page 13 of 144 Page 14 of 144 Page 15 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 16 of 144 Page 17 of 144 Page 18 of 144 Page 19 of 144 Page 20 of 144 Page 21 of 144 Page 22 of 144 Page 23 of 144 Page 24 of 144 Page 25 of 144 Page 26 of 144 KENAI CITY COUNCIL – REGULAR MEETING SEPTEMBER 7, 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 September 7, 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 (telephonic) Robert Molloy Henry Knackstedt Tim Navarre Terry Bookey (absent) 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. 2908-2016 • Amendment Memorandum Add to Item D. 6 Ordinance No. 2916-2016 • Amendment Memorandum MOTION: Council Member Molloy MOVED to approve the agenda with requested additions to the packet and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. Page 27 of 144 VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Navarre 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 1. Kenai Peninsula Borough Mayor Mike Navarre -- Presentation of the Two Tax Propositions that will be on the October 4, 2016 Borough-Wide General Election Ballot: 1) Raising the Taxable Transaction Cap for Borough Sales Tax to $1,000; and 20 Phasing in a Reduction in the Borough’s Senior Citizen Property Tax Exemption. Mayor Navarre gave an overview of the ballot measures that would change the borough’s taxing structures including senior property tax exemption and the sales tax cap. He noted that the purpose of asking the voters to consider changing the taxing structures was because it was found that there was a growing revenue disparity between the two means of taxing. C. UNSCHEDULED PUBLIC COMMENTS – None. D. PUBLIC HEARINGS 1. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2908-2016 and the motion was SECONDED by Council Member Navarre. Vice Mayor Gabriel opened the public hearing; Barbara Christian spoke against the Land Use Map and Zoning Map suggesting two properties, one owned by the City (04901016), and one owned privately (04901056), should not be Industrial and instead, per the goals, be changed to either the Low Density Residential or the Parks, Recreational, and Open Space land use classifications as they were more compatible than the Page 28 of 144 Industrial classification, due to the nature of the view properties of Rogers Road. Also noted the Parks, Recreational, and Open Space classification would meet other goals, including the Quality of Life and the Parks and Recreation goals. Michael Christian echoed Barbara Christian regarding reclassification of the properties noting that the Parks, Recreational, and Open Space classification would preserve and protect water features and wetlands. Requested Council make an amendment to the Plan to change the classification of the properties from Industrial to Low Density Residential. Carol Freas spoke against the Comprehensive Plan noting the lack of City owned property for the protection of wetlands and wildlife. She pointed out that Council Member Molloy’s amendments, provided in the laydown, would increase protection; specific parcels near the airport and Walker Lane were noted. She requested that buffer language be included in the plan. Kelly Kelso spoke regarding the need for protecting residential neighborhoods from commercial areas. Noted the petition that the Walker Lane residents circulated and signed; requested the residents wishes be honored and that buffer areas be protected. Richard Kelso spoke about the need to protect the W alker Lane buffer area noting the rejection of the 2013 Plan was due to commercial zoning on the Kenai Spur Highway and the voters’ preference for protection of neighborhoods. Bob McIntosh spoke against the Comprehensive Plan noting he attended the first meeting and listened to recordings of the others; noted the residents had spoken before the Planning & Zoning Commission and City Council and their comments had been disregarded. There was question whether the business community had requested the land use classifications and zoning or if it was the planners and politicians. There being no one else wishing to be heard, public comment was closed. [Clerk’s Note: The September 7 memo from the City Planner was referenced for the following amendments.] MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 2908-2016 as indicated by the first four items included in the September 7 memorandum from the City Planner and the motion was SECONDED by Council Member Molloy. VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 2908-2016 as indicated by item five included in the September 7 memorandum from the City Planner which replaced the second Page 29 of 144 paragraph under section 4.3.2 Education with the following: “In addition, the citizens of Kenai have access to college courses at the Alaska Vocational Technical Center (AVTEC) which is located in Seward as well as Kenai Peninsula College (KPC) which is located within the unincorporated area of Soldotna. Students can take courses though the University of Alaska, Anchorage, Fairbanks or South East while attending KPC to earn a Bachelor’s Degree in a number of different subjects including but not limited to Anthropology, Elementary Education and Biology. Furthermore, KPC offers a number of Associate of Arts and Certificate programs. AVTEC offers programs in offers short term and long term programs including the Alaska Culinary Academy, the Alaska Maritime Training Center, and courses in information technology, nursing, applied technology and power plant operations.” and the motion was SECONDED by Council Member Molloy. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to delete “programs in offers,” after the words “AVTEC offers,” to read as follows: “In addition, the citizens of Kenai have access to college courses at the Alaska Vocational Technical Center (AVTEC) which is located in Seward as well as Kenai Peninsula College (KPC) which is located within the unincorporated area of Soldotna. Students can take courses though the University of Alaska, Anchorage, Fairbanks or South East while attending KPC to earn a Bachelor’s Degree in a number of different subjects including but not limited to Anthropology, Elementary Education and Biology. Furthermore, KPC offers a number of Associate of Arts and Certificate programs. AVTEC offers short term and long term programs including the Alaska Culinary Academy, the Alaska Maritime Training Center, and courses in information technology, nursing, applied technology and power plant operations.” and the motion was SECONDED by Council Member Molloy. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. UNANIMOUS CONSENT was requested on the amended amendment. VOTE ON THE AMENDED AMENDMENT: There being no objection; SO ORDERED. MOTION TO AMEND : Council Member Molloy MOVED to amend Ordinance No. 2908-2016 as indicated by item number six included in the September 7 memorandum from the City Planner, removing the words “retail space” from the introductory sentence under Section 4.4.2 Business Indicators and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND : Council Member Molloy MOVED to amend Ordinance No. 2908-2016 as indicated by item number seven in the September 7 memorandum from the City Planner, replacing the last paragraph under Page 30 of 144 section 4.4.4 Fisheries and Seafood Processing and replacing with the following: “The rapid growth of the Kenai River personal use dipnet fishery has added a 250,000-400,000 sockeye fish harvest in a short time period to the management mix. The City provides a number of services to support this fishery including parking and camping on the beaches, restrooms and trash collection, police patrols and a boat dock with a 4 ramp boat launch. The City works collaboratively with agencies and the fishing industry to support sustainable fisheries harvests. In 2014 the City instituted a tide dependent no wake zone for a 6,000-foot segment of the south river bank to reduce erosion; eliminated an access and improved another, and is constructing a new access at the Kenai River mouth; maintained solid waste and pit toilets, and provided police foot and boat patrols. Revenue was generated from municipal boat launch and parking fees. The costs for management equal revenue derived from the boat launch and parking fees collected during the fishery (KPEDD 2016),” and the motion was SECONDED by Council Member Knackstedt. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to move the third sentence before the first sentence to read: “The City works collaboratively with agencies and the fishing industry to support sustainable fisheries harvests. The rapid growth of the Kenai River personal use dipnet fishery has added a 250,000-400,000 sockeye fish harvest in a short time period to the management mix. The City provides a number of services to support this fishery including parking and camping on the beaches, restrooms and trash collection, police patrols and a boat dock with a 4 ramp boat launch. In 2014 the City instituted a tide dependent no wake zone for a 6,000-foot segment of the south river bank to reduce erosion; eliminated an access and improved another, and is constructing a new access at the Kenai River mouth; maintained solid waste and pit toilets, and provided police foot and boat patrols. Revenue was generated from municipal boat launch and parking fees. The costs for management equal revenue derived from the boat launch and parking fees collected during the fishery (KPEDD 2016),” and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT TO THE AMENDMENT: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the amended amendment motion. VOTE ON THE AMENDED AMENDMENT: There being no objection; SO ORDERED. MOTION TO AMEND : Council Member Knackstedt MOVED to amend Ordinance No. 2908-2016 as indicated by items eight through ten in the September 7 memorandum from the City Planner and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND : Council Member Knackstedt MOVED to amend Ordinance No. 2908-2016 as indicated by item number eleven in the September 7 memorandum from the City Planner, including the following paragraph at the end of section 4.5.4 Parks and Recreation, “In 2015 the City Council established the Kenai Outdoor Opportunity Location (KOOL) Subcommittee. The subcommittee was given the task of putting together a Feasibility Study to look at the opportunities and costs to expand Page 31 of 144 and/or create a new park designed to host current and future public events. In March of 2016 the KOOL Subcommittee presented its findings to the City Council at a Work Session. The KOOL Subcommittee recommended that a portion of Millennium Square (see Section 5.4.1.1) be constructed to house the proposed event park. The Subcommittee also further recommended that this park could be constructed over four phases. For further information, please see the 2016 KOOL Subcommittee Feasibility Report (http://www.ci.kenai.ak.us/sites/default/files/commissions_committees/KOOL_Presentation.pdf). Staff would like to recommend that Section 6.3, Goal 2 – Economic Development be amended to add Objective ED-8 – Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural, and other events,” and the motion was SECONDED by Mayor Porter. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to amend the amendment by deleting the last sentence, “Staff would like to recommend that Section 6.3, Goal 2 – Economic Development be amended to add Objective ED-8 – Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural, and other events,” in its entirety and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT TO THE AMENDMENT: There being no objection; SO ORDERED. VOTE ON THE AMENDED AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter NAY: Boyle **Student Representative Lindeman: YEA MOTION PASSED. MOTION TO AMEND : Council Member Knackstedt MOVED to amend Ordinance No. 2908-2016 as indicated by items twelve through eighteen in the September 7 memorandum from the City Planner and the motion was SECONDED by Council Member Molloy. MOTION TO DIVIDE THE QUESTION: Council Member Molloy MOVED to divide the question, voting on item number seventeen separately and the motion was SECONDED by Council Member Boyle. VOTE TO DIVIDE THE QUESTION: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. Page 32 of 144 It was determined that consideration of items twelve through sixteen and eighteen would be taken first and item number seventeen would be considered last. MOTION TO AMEND THE AMENDMENT: Mayor Porter MOVED to amend the amendment by rephrasing the last sentence in item number twelve to read as follows, “The development by Hall Quality Builders in Kenai, further demonstrates the importance and continued growth of the elders in the Kenai Community,” and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT TO THE AMENDMENT: There being no objection; SO ORDERED. VOTE ON THE AMENDED AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. [Clerk’s Note: The following is consideration of the second half of the division of the question.] MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by replacing item number seventeen of the September 7 memorandum from the City Planner, with item number five from the memorandum he provided in the laydown and the motion was SECONDED by Council Member Boyle. Council Member Molloy thanked those that testified regarding buffers and agreed that the issue of buffers needed to be to be alleviated. It was clarified that a future Council had the authority to amend the Plan. It was noted that the proposed change was to the Land Use Plan and not the zoning; there were right-of-way issues; plat notes in place for protection; desire to maintain maneuverability in the front portion of the property. It was further noted that the airport had a right to be compensated, even if the City purchased the property from the airport. Clarification was provided that the property was zoned General Commercial. It was suggested that the intent of a prior Council was that the property not be developed and a deed restriction was put in place to that end. It was also pointed out that the intent of past Councils was that the property’s land use be subdivided as appropriate pursuant to the deed restriction. It was noted that compensating the airport and the airport’s responsibility to provide buffers were topics of concern, that an implementation plan would be developed after the Comprehensive Plan was adopted, and that the parcel had not yet been legally divided. Page 33 of 144 Suggestion was made that the determination could be made on any benefits to the airport, if any, if and when a developer came forward with a development plan. It was pointed out that the highway corridor was valuable to small businesses and that it was not conducive to business to buffer the highway VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Gabriel, Molloy, Boyle NAY: Navarre, Porter, Knackstedt **Student Representative Lindeman: NAY MOTION FAILED. It was noted that it was clear in history that residents of W alker Lane had rights to the property. VOTE ON THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter NAY: Boyle **Student Representative Lindeman: YEA MOTION PASSED. [Clerk’s Note: The September 6 memo from Council Member Molloy, which was provided in the laydown, was referenced for the following amendments.] MOTION TO AMEND : Council Member Molloy MOVED to amend Ordinance No. 2908-2016 by amending the Land Use Plan to change Parcel #04301040 from Low Density Residential to Parks, Recreational and Open Space and the motion was SECONDED by Council Member Boyle. It was noted that the property was acquired by the City along with the adjacent property with the purpose of a buffer at the recommendation of the Airport Commission and therefore the land use for the parcel should be Parks, Recreational and Open Space. It was pointed out that there was a creek running through the property that created a gulley and gradation issues. Suggestion was made that there were uplands on the airport side of the property and if the land use was changed, it would be different than everything around it. It was clarified that there was a platted road to the property and that the property was not yet served by water or sewer; buffers were addressed by the airport Master Plan as the onus was on the airport to buffer itself. Suggestion was made that if the airport wanted more buffer, it could purchase the property from the City. VOTE: YEA: Molloy, Boyle Page 34 of 144 NAY: Gabriel, Navarre, Knackstedt, Porter **Student Representative Lindeman: YEA MOTION FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2908-2016 by amending the Land Use Plan to change Parcel #04301041 from Low Density Residential to Parks, Recreational and Open Space and the motion was SECONDED by Council Member Boyle. Suggestion was made that the property’s features were consistent with buffer provisions as it contained a trail and was bisected by a creek. It was pointed out that the northwestern corner could be developed and that the southern end had been developed. It was also pointed out that the tract should be subdivided prior to designating the unusable portion Parks, Recreational and Open Space VOTE: YEA: Boyle, Molloy NAY: Knackstedt, Navarre, Porter, Gabriel **Student Representative Lindeman: NAY MOTION FAILED. MOTION TO AMEND : Council Member Molloy MOVED to amend Ordinance No. 2908-2016 by amending the Land Use Plan to change Parcel #04301035 from Mixed Use to Institutional and the motion was SECONDED by Council Member Boyle It was clarified that the property’s tax base was borough institutional. There was suggestion that the transfer station would be an appropriate Institutional land use. It was noted that, if subdivided, the rest of property could be designated Mixed Use. The definition for Institutional was reviewed; pointed out it was defined as churches, schools, and other facilities which didn’t match the property’s use and was more appropriate to remain Mixed Use. VOTE: YEA: Boyle, Molloy NAY: Navarre, Porter, Gabriel, Knackstedt **Student Representative Lindeman: NAY MOTION FAILED. Page 35 of 144 MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2908-2016 by amending the Land Use Plan to change Parcel #04910105 from Industrial to Parks, Recreational and Open Space and the motion was SECONDED by Council Member Boyle. It was pointed out that the parcel was owned by the City, was under water in the spring and was important for bird migration and the wildlife encouraged tourism. It was also pointed out that there was more City owned property and that it would be appropriate for the property to be open space. It was noted that all adjacent properties were industrial and that the 2013 Comprehensive Plan had been changed in this way by the Council. VOTE: YEA: Boyle, Gabriel, Navarre, Molloy, Porter NAY: Knackstedt **Student Representative Lindeman: YEA MOTION PASSED. MOTION TO AMEND : Council Member Molloy MOVED to amend Ordinance No. 2908-2016 by amending the Land Use Plan to change parcel #04901016 from Industrial to Low Density Residential and the motion was SECONDED by Council Member Boyle. The comments made during public testimony were referenced as reasons for the amendment. VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND : Council Member Molloy MOVED amend Ordinance No. 2908-2016 by amending the Land Use Plan to change parcel #04901056 from Industrial to Low Density Residential and the motion was SECONDED by Council Member Boyle. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED amend the amendment by changing the land use of parcel #04901056 to be consistent with way the parcel is split zoned with Industrial remaining Industrial and the remainder changing to Low Density Residential and the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. Page 36 of 144 VOTE ON THE AMENDMENT TO THE AMENDMENT: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the amendment motion. VOTE ON THE AMENDED AMENDMENT: There being no objection; SO ORDERED. MOTION TO AMEND : Council Member Molloy MOVED amend the Ordinance No. 2908-2016, Chapter 5, Commercial Land Use Classifications, by adding a sentence as the last paragraph to read, “Buffers or buffer zones between commercial uses and adjacent non-commercial uses are desirable,” and the motion was SECONDED by Council Member Boyle. There was suggestion that the statement may be more appropriately accomplished in Kenai Municipal Code. It was noted that separations were important; that it was appropriate to be placed in the Comprehensive Plan as it was a guide, and as a part of the implementation plan, work on the Landscape Plan requirements in Kenai Municipal Code. It was pointed out that the term buffers needed defined. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED amend the amendment by replacing the word “are” with “may be,” so the statement read, “Buffers or buffer zones between commercial uses and adjacent non-commercial uses may be desirable,” and the motion was SECONDED by Council Member Navarre. It was suggested that the amendment diluted the intent of the plan. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Navarre NAY: Porter, Gabriel, Boyle, Molloy **Student Representative Lindeman: NAY MOTION FAILED. VOTE ON THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Boyle, Molloy, Porter NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND : Page 37 of 144 Council Member Molloy MOVED amend Ordinance No. 2908-2016, Chapter 5, Mixed Use (MU) Land Use Classification, by adding a new last sentence that reads, “Use of buffers may be required and is desirable in site layout,” and the motion was SECONDED by Council Member Boyle. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED amend the amendment by removing, “required and is,” and, “in site layout,” so the sentence reads, “Use of buffers may be desirable” and the motion was SECONDED by Mayor Porter. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle, Molloy **Student Representative Lindeman: NAY MOTION PASSED. UNANIMOUS CONSENT was requested on the amendment motion. VOTE ON THE AMENDED AMENDMENT: There being no objection; SO ORDERED. MOTION TO AMEND : Council Member Molloy MOVED amend Ordinance No. 2908-2016, Chapter 5, Parks, Recreational and Open Space Land Use Classification, by adding a new last sentence that reads, “Buffers or buffer zones are a desirable use of open space,” and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND : Council Member Molloy MOVED amend the 2030 Comprehensive Plan, Chapter 6, Goal 3 Objectives, by adding a new first sentence that reads, “Review Zoning Code to ensure use of buffers and buffer zones to separate incompatible land uses,” and the motion was SECONDED by Council Member Boyle. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED amend the amendment by replacing the word, “ensure” with the word, “consider” and the motion was SECONDED by Mayor Porter. It was pointed out that the change would make the objective more clear and that it may help neighboring property owners support development. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle, Molloy Page 38 of 144 **Student Representative Lindeman: NAY MOTION PASSED. UNANIMOUS CONSENT was requested on the amendment motion. VOTE ON THE AMENDED AMENDMENT: There being no objection; SO ORDERED. Staff was thanked for their work, and the public was thanked for their contributions to the Plan It was noted that there was hope that the public would be happy with the Plan after the amendments had been made. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle, Molloy **Student Representative Lindeman: NAY MOTION PASSED. 2. Ordinance No. 2912-2016 – Accepting and Appropriating a Grant from the Federal Aviation Administration for the 2016 Improved Airport Drainage Project and Awarding a Construction Contract to Peninsula Construction, Inc. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2912-2016 and the motion was SECONDED by Council Member Navarre. 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, Porter NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2913-2016 – Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2913-2016 and the motion was SECONDED by Councilor Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Page 39 of 144 VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Boyle, Porter NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2914-2016 – Increasing Estimated Revenues and Appropriations by $8,000 in the Senior Citizen Fund, for Supplemental Nutrition, Transportation, And Support Services Grant Funding Received For Fiscal Year 2017. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2914-2016 and the motion was SECONDED by Councilor 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, Porter NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2915-2016 – Amending KMC Section 4.32.15-Local Amendments to the 2012 International Residential Code, by Making Local Amendments to the 2012 Edition of the International Residential Code Regarding Smoke Alarms in Crawl Spaces. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2915-2016 and the motion was SECONDED by Councilor Navarre. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION: Councilor Molloy MOVED to postpone to the October 5 meeting and the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 6. Ordinance No. 2916-2016 – Amending KMC Chapter 12.10-Nuisances In General, to Include Abandoned Structures, Change the Enforcement Process, and Make Other Material and Housekeeping Changes. Page 40 of 144 MOTION: Mayor Porter MOVED to enact Ordinance No. 2916-2016 and the motion was SECONDED by Councilor Navarre. Vice Mayor Gabriel opened the public hearing. Sandra Lashbrook asked that consideration be given for structures that were connected to water, sewer or electricity noting that it could be feasible for someone to start a cabin then run out of money. She suggested 180 days was not long enough for people to remedy a situation. She also suggested there should be at least ninety days per structure given to remedy. There being no one else wishing to be heard, public comment was closed. The City Attorney asked that two amendments be made - first in the last whereas clause the Planning and Zoning Commission recommended that City Council “enact” this ordinance, second in section 12.10.010 – Public Nuisances, subsection k, last underlined portion to read, “or are not properly constructed, fenced or barricaded and endangers public health or safety.” MOTION TO AMEND: Council Member Knackstedt MOVED amend by inserting the word, “enact,” in the space provided in the last whereas clause indicating the recommendation made by the Planning and Zoning Commission, and by rewording the last underlined portion of 12.10.010 – Public Nuisances, subsection k, to read, “or are not properly constructed, fenced or barricaded and endangers public health or safety,” replacing the words, “so as to,” with the word, “and” and making the word endanger plural and the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED amend 12.10.010 – Public Nuisances, subsection r, replacing the word, “or,” with the word, “and,” in the third line and the motion was SECONDED by Council Member Boyle. Staff clarified that there are several instances that where water couldn’t be disconnected because the key valve was broken. It was pointed out that a nuisance was determined to be abandoned by administration; determination could be appealed to the Board of Adjustment and further to the Supreme Court; City needed court order in order to abate. Suggestion was made that abandoned was defined in the sentence itself. It was noted that administration hasn’t had any tools available to fix the community. VOTE: Page 41 of 144 YEA: Boyle, Molloy NAY: Knackstedt, Navarre, Porter, Gabriel **Student Representative Lindeman: YEA MOTION FAILED. MOTION TO AMEND: Council Member Boyle MOVED amend section 12.10.020 - Enforcement and Abatement of Public Nuisances, subsection (d)(3) by replacing the words “not to exceed 90 days,” and replace with “at least 90 days, but not to exceed 180 days per structure,” and the motion was SECONDED by Council Member Molloy. It was noted that the intent was that the timeframe for each structure not run concurrently. MOTION TO AMEND THE AMENDMENT: Council Member Navarre MOVED amend the amendment by removing, “per structure,” and the motion was SECONDED by Mayor Porter. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle Molloy **Student Representative Lindeman: YEA MOTION PASSED. Staff clarified that structures were not the only nuisance the ordinance dealt with. VOTE ON THE AMENDED AMENDMENT: YEA: Boyle, Molloy NAY: Navarre, Porter, Knackstedt, Gabriel **Student Representative Lindeman: NAY MOTION FAILED. MOTION TO AMEND: Council Member Boyle MOVED to postpone to the October 5 meeting and the motion was SECONDED by Council Member Molloy. VOTE ON POSTPONEMENT: YEA: Molloy, Boyle NAY: Porter, Gabriel, Knackstedt, Navarre **Student Representative Lindeman: NAY MOTION FAILED. Page 42 of 144 MOTION TO AMEND: Council Member Navarre MOVED amend section 12.10.020 - Enforcement and Abatement of Public Nuisances, subsection (d)(3) to read “provide a reasonable time period in which to comply, not to exceed 90 days, except structures, which have 180 days” and the motion was SECONDED by Mayor Porter. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There was no objection; SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle, Molloy **Student Representative Lindeman: YEA MOTION PASSED. 7. Resolution No. 2016-38 – Declaring Equipment, Supplies, and Materials Surplus 0r Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 and 7.15.070. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016-38 and the motion was SECONDED by Councilor Navarre. UNANIMOUS CONSENT was requested. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Mayor Porter requested the bikes be removed from the list and donated to the Boys and Girls Club or to a local school. MOTION TO AMEND : Mayor Porter MOVED to amend by removing usable bikes from the list and the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the main motion. VOTE ON THE MAIN MOTION: There being no objection; SO ORDERED. 8. Resolution No. 2016-39 – Accepting a Donation of a Parcel of Property Described as Lots One (1) and Two (2), Block One (1) Bush Lanes Subdivision, Kenai, Alaska from Gene E. Lynn, for the Public Purpose of Future Water and Sewer Utility Expansion and Determining that the Public Interest will not be Served by an Appraisal. MOTION: Page 43 of 144 Council Member Molloy MOVED to adopt Resolution No. 2016-39 and the motion was SECONDED by Councilor Boyle. 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 objection; SO ORDERED. 9. Resolution No. 2016-40 – Approving the Purchase of a 2016 F-150 XL 4x4 Supercrew Cab Pickup Truck through the State of Alaska Equipment Fleet Contract Pricing. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016-40. The motion was SECONDED by Councilor Navarre. 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 objection; SO ORDERED. There was gratitude expressed that the local dealer was consulted. 10. Resolution No. 2016-41 – Consenting to the Vacation of a Right-of-Way, Approximately 104 Feet in Length and 20 to 30 Feet in Width, between Lot 16A Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite Of Kenai, And Consenting To The Acceptance Of The Right-Of-Way Affecting A Portion Of Lot 17, Block 5, Townsite Of Kenai, Located At The Intersection Of Mission Avenue And Upland Street As Set Forth On The Plat Of Townsite Of Kenai 2016 Addition, Which Is Attached Hereto As Exhibit “A”. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016-41. The motion was SECONDED by Councilor Navarre. 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 objection; SO ORDERED. E. MINUTES 1.*Regular Meeting of August 17, 2016 Meeting Summary approved by the consent agenda. F. UNFINISHED BUSINESS – None. Page 44 of 144 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. 2917-2016 – Amending Kenai Municipal Code Section 3.10.020 – Control and Confinement of Animals, to Require Cats in the City to be Restrained at all Times. Introduced by the consent agenda and public hearing set for September 21, 2016. 4. *Ordinance No. 2918-2016 – Waiving Certain Lease Provisions Imposed by Kenai Municipal Code Chapter 21.10 – Leasing of Airport Reserve Lands, and Approving a Non-Standard Form of Lease for the Lease of Lot 5, FBO Subdivision No. 8, According to Plat No. 2004-85, Located within the Airport Reserve, to Soar International Ministries, Inc. Introduced by the consent agenda and public hearing set for September 21, 2016. 5. *Ordinance No. 2919-2016 – Determining that Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition, City-Owned Airport Property Located Outside the Airport Reserve, is Not Needed for a Public Purpose and Authorizing the Sale of the Property to Dean You, or His Assignee. Introduced by the consent agenda and public hearing set for September 21, 2016. 6. *Ordinance No. 2920-2016 – Increasing Estimated Revenues and Appropriations by $4,206 in the Airport Fund, by $62,981 in the General Fund, and Amending KMC 23.50.010 for the Creation of a Fulltime Human Resource Director Position. Introduced by the consent agenda and public hearing set for September 21, 2016. 7. *Ordinance No. 2921-2016 – Appropriating Funds in the General and City Dock Capital Project Funds for Engineering and Design Services to Repair Damage to the Kenai City Dock Caused by Age and the January 2016, 7.1 Magnitude Earthquake that Shook the Cook Inlet Region. Introduced by the consent agenda and public hearing set for September 21, 2016. 8. *Ordinance No. 2922-2016 – Accepting and Appropriating a Grant from the Rasmuson Foundation for Restoration of a Historic City of Kenai Fire Truck. Introduced by the consent agenda and public hearing set for September 21, 2016. 9. *Ordinance No. 2922-2016 – Amending Kenai Municipal Code Section 21.05.020 – Airport Reserve Boundary Map, to Relocate the Airport Reserve Boundary from the Page 45 of 144 Kenai Spur Highway to the North Side of Cohoe Avenue and to Replace the Airport Reserve Boundary Map in Appendix I of Chapter 21.05 – Airport Administration and Operation with a New Updated Map. Introduced by the consent agenda and public hearing set for September 21, 2016. 10. Action/Approval – Consent to Assignment of Lease of Airport Reserve Lands for Property Described as Lot 1A, Block 2, General Aviation Apron Subdivision No. 3 located at 135 Granite Point Court, from SOAR International Ministries, Inc. (Assignor) to Schilling Rentals, LLC (Assignee). MOTION: Mayor Porter MOVED to approve a Consent to Assignment of Lease of Airport Reserve Lands for Property Described as Lot 1A, Block 2, General Aviation Apron Subdivision No. 3 located at 135 Granite Point Court, from SOAR International Ministries, Inc. (Assignor) to Schilling Rentals, LLC (Assignee) and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. It was noted that the use of the property needed to remain aviation related and that the new lessee assumed all responsibilities and obligations. It was pointed out that there was a small amount of pollution on the property and that administration’s intent was that the pollution would be cleaned up prior to transfer; it was not thought that the cleanup process would take long. Clarification was provided by the current lessee that contaminated soils had already been excavated and the testing report was due back within approximately two weeks. VOTE: There being no objection; SO ORDERED. 11. Action/Approval – Assignment of Non-Exclusive On-Airport Automobile Rental Concession Agreement from Corporate Sales & Leasing, Inc., d/b/a Budget Rent A Car to Copper River Rentals, LLC. MOTION: Council Member Knackstedt MOVED to approve Assignment of Non-Exclusive On-Airport Automobile Rental Concession Agreement from Corporate Sales & Leasing, Inc., d/b/a Budget Rent A Car to Copper River Rentals, LLC, and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 12. Action/Approval – Approving a Special Use Permit for an Oktoberfest Event at Millennium Square. MOTION: Page 46 of 144 Mayor Porter MOVED to Approve a Special Use Permit for an Oktoberfest Event at Millennium Square and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 13. Action/Approval – Schedule a Meeting to Interview Candidates that Submitted Applications for the City Manager Position. MOTION: Council Member Navarre MOVED postpone to the September 21 meeting. The motion was withdrawn. It was decided this item would be placed on the September 21 meeting agenda. 14. Action/Approval – Kenai Peninsula Borough Substitute Ordinance 2016-25, An Ordinance Reducing the Planning Commission Membership. It was clarified that the interpretation was that the City of Kenai would still lose a guarantee; that by 2020 there would only be five seats allotted for cities. It was also clarified that there were four years to come up with a different solution, if desired. MOTION: Council Member Navarre MOVED to withdraw the resolution previously adopted that opposed the Ordinance. It was clarified that withdrawing the resolution was not an appropriate action. MOTION: Council Member Navarre MOVED to instruct the Clerk to provide information to the Borough that the City took a neutral position on the substitute ordinance and Councilor Knackstedt SECONDED the motion. VOTE: YEA: Knackstedt, Gabriel, Navarre, Porter, Boyle NAY: Molloy **Student Representative Lindeman: YEA MOTION PASSED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report; next meeting September 8 2. Airport Commission – No report; next meeting September 8 Page 47 of 144 3. Harbor Commission – No report; next meeting October 10 4. Parks and Recreation Commission – It was reported that the Commission was taken on a tour of the gardens and trails; noted that there are two vacancies on the commission; next meeting October 6 5. Planning and Zoning Commission – It was noted that the minutes were in the packet; next meeting September 12 6. Beautification Committee – No report; next meeting September 13 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Planning & Zoning Commissioner Focose’s passing; City Clerk providing a donation in his memorial to the Elks Lodge. • Thanked Vice Mayor Gabriel for substituting; husband’s surgery went well. • Thanked Vice Mayor Gabriel for attending the Chamber of Commerce meeting and presenting a proclamation on her behalf. J. ADMINISTRATION REPORTS 1. Acting City Manager – no report. 2. City Attorney – no report. 3. City Clerk – It was reported that a Special Meeting would be held at the Kenai Community Library on September 14 and that absentee and early voting would be available in City Hall from September 19 through October 4. It was requested that the information item regarding the Visitor’s Center be in the meeting packet for the first meeting in October. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob McIntosh asked whether Mayor Porter was eligible to be Mayor, it was his understanding she had moved to Texas; suggested an investigation be conducted. Clarification was provided that the Mayor was registered to vote in Kenai, was living with her daughter and that her husband elected to have a medical procedure done in Texas. 2. Council Comments Vice Mayor Gabriel reported that he attended Industry Appreciation Day, noted that it was well attended; attended Planning and Zoning Commissioner Focose’s memorial, noted a high number Page 48 of 144 of old and young in attendance; attended the announcement of the Memorandum of Understanding regarding Old Town Park with the Kenaitze Indian Tribe. Councilor Navarre noted he was happy with the accomplishments of the Comprehensive Plan; looked forward to moving the City forward; wished Larry Porter a speedy recovery; looked forward to seeing the Mayor back in town; noted the questioning of the commitment of the Mayor was a disservice to the City. Pointed out there were rules in place for missing meetings. Student Representative Lindeman noted Kenai Central High School’s homecoming was coming up on Friday and that the Cross Country team was in Seward. Council Member Molloy suggested Mr. McIntosh’s issue with the Mayor was legitimate to be raised; noted the Council couldn’t discuss due to the topic not being on the agenda; thanked for Mr. McIntosh for his comments; thanked participants and colleagues for their work on the Comprehensive Plan. Councilor Knackstedt pointed out the Historical Society document in the packet. L. EXECUTIVE SESSION – None Scheduled. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:52 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September 7, 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 49 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 50 of 144 AGENDA KENAI CITY COUNCIL – SPECIAL MEETING SEPTEMBER 28, 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 Terry Bookey (telephonic) comprising a quorum of the Council. Also in attendance were: Terry Eubank, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval MOTION: Vice Mayor Gabriel MOVED to approve the agenda. Councilor Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the agenda. Vice Mayor Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. Page 51 of 144 There being no objections, SO ORDERED PUBLIC COMMENTS – None. NEW BUSINESS 1. Action/Approval – Review City Manager Candidate Questionnaire Responses. [Council may enter into executive session on the aforementioned agenda item pursuant to AS 44.62.310(C)(2) a subject that tends to prejudice the reputation and character of an applicant] MOTION: Vice Mayor Gabriel MOVED to convene in executive session for the review city manager candidate questionnaire responses. [AS 44.62.310(C)(2)(D)(5) a Subject that Tends to Prejudice the Reputation and Character of an Applicant]. It was requested that the City Attorney, Acting City Manager and City Clerk be available. Council Member Knackstedt SECONDED the motion. Council discussed whether the review of the responses should be conducted in open session. City Attorney Bloom provided direction on topics to be discussed while in executive session. Councilors Molloy and Boyle concurred that the recruitment process should be handed over to the newly elected and Council to be seated in October. VOTE: YEA: Knackstedt, Porter, Navarre, Gabriel NAY: Boyle, Molloy, Bookey MOTION PASSED. Councilor Boyle inquired about a Charter requirement for the vote to go into executive session; it was determined the Charter requirement was related to Committee of a Whole rather than executive session. MOTION TO RECONSIDER: Council Member Navarre MOVED to reconsider the vote to go into executive session. Council Member Gabriel SECONDED the motion. VOTE: YEA: Knackstedt, Porter, Navarre, Gabriel, Molloy, Bookey NAY: Boyle MOTION PASSED. Page 52 of 144 Council further discussed whether this review was to be held in closed or open session. VOTE ON ENTERING EXECUTIVE SESSION: YEA: Knackstedt, Porter, Navarre, Gabriel NAY: Boyle, Molloy, Bookey MOTION PASSED. Council reconvened in open session and Vice Mayor Gabriel advised that Council reviewed the city manager applicant responses to the questionnaire; no action was taken. Council directed the City Clerk to add and executive session to the next meeting agenda to allow Council to further discuss candidates if necessary. 2. *Action/Approval – Kenai Precinct Election Boards for the October 4, 2016 Election. Item was approved by the consent agenda. EXECUTIVE SESSION – Review Background Checks for City Manager Candidates. [Pursuant to AS 44.62.310(C)(2) a subject that tends to prejudice the reputation and character of an applicant] City Attorney Bloom advised that the Human Resources Specialist completed the background checks and all candidates passed the criteria established by Council. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 7:30 p.m. Minutes prepared and submitted by: ____________________________ Sandra Modigh, CMC, City Clerk Page 53 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 54 of 144 Page 55 of 144 Page 56 of 144 Page 57 of 144 Page 58 of 144 Page 59 of 144 Page 60 of 144 Page 61 of 144 Page 62 of 144 Page 63 of 144 Page 64 of 144 Page 65 of 144 Page 66 of 144 Page 67 of 144 Page 68 of 144 Page 69 of 144 Page 70 of 144 Page 71 of 144 Page 72 of 144 Page 73 of 144 Page 74 of 144 Page 75 of 144 Page 76 of 144 Page 77 of 144 Page 78 of 144 Page 79 of 144 Page 80 of 144 Page 81 of 144 Page 82 of 144 Page 83 of 144 Page 84 of 144 Page 85 of 144 Page 86 of 144 Page 87 of 144 Page 88 of 144 Page 89 of 144 Page 90 of 144 Page 91 of 144 Page 92 of 144 Page 93 of 144 Page 94 of 144 Page 95 of 144 Page 96 of 144 Page 97 of 144 Page 98 of 144 Page 99 of 144 Page 100 of 144 Page 101 of 144 Page 102 of 144 Page 103 of 144 Page 104 of 144 Page 105 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 106 of 144 Page 107 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 108 of 144 Page 109 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 110 of 144 Page 111 of 144 Page 112 of 144 Page 113 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 114 of 144 9/30/2016 The City of Kenai http://www.kenai.city/calendar/month 1/1 Popular Links Living HereVisitingGovernmentDoing Business Events Search this site CAPTCHA: no challenge enabled Home » 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 Sun Mon Tue Wed Thu Fri Sat October 2016 Co琀ee with the Mayor 10/01/2016 - 9:00am to 10:30am Regular Election 10/04/2016 - 7:00am to 8:00pm City Council Meeting 10/05/2016 - 6:00pm Parks and Recreation Commission Meeting 10/06/2016 - 7:00pm Harbor Commission Meeting 10/10/2016 - 7:00pm Canvass Board Meeting 10/11/2016 - 8:30am to 5:00pm Beauti愀cation Committee Meeting 10/11/2016 - 7:00pm Planning & Zoning Commission Meeting 10/12/2016 - 7:00pm Council on Aging Meeting - CANCELLED 10/13/2016 - 4:30pm Airport Commission Meeting 10/13/2016 - 6:00pm Alaska Day 10/18/2016 - 12:00am to 11:45pm City Council Meeting 10/19/2016 - 6:00pm Planning & Zoning Commission Meeting 10/26/2016 - 7:00pm City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907) 283-7535 KMC Sta䤵댛 Webmail Site Credits Disclaimer « Prev Next » Hello smodigh Log outDashboardContentStructureAppearancePeopleModulesConfigurationReportsHelp Add contentFind content Edit shortcuts Page 115 of 144 9/30/2016 The City of Kenai http://www.kenai.city/calendar/month 1/1 Popular Links Living HereVisitingGovernmentDoing Business Events Search this site CAPTCHA: no challenge enabled Home » 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 Sun Mon Tue Wed Thu Fri Sat November 2016 City Council Meeting 11/02/2016 - 6:00pm Parks and Recreation Commission Meeting 11/03/2016 - 7:00pm Co††ee with the Mayor 11/05/2016 - 9:00am to 10:30am Harbor Commission Meeting 11/07/2016 - 7:00pm General Election 11/08/2016 - 7:00am to 8:00pm Planning & Zoning Commission Meeting 11/09/2016 - 7:00pm Council on Aging Meeting 11/10/2016 - 4:30pm Airport Commission Meeting 11/10/2016 - 6:00pm Veteran's Day 11/11/2016 - 12:00am to 11:45pm Planning & Zoning Commission Meeting 11/23/2016 - 7:00pm Thanksgiving City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907) 283-7535 KMC Sta†† Webmail Site Credits Disclaimer « Prev Next » Hello smodigh Log outDashboardContentStructureAppearancePeopleModulesConfigurationReportsHelp Add contentFind content Edit shortcuts Page 116 of 144 9/30/2016 The City of Kenai http://www.kenai.city/calendar/month 1/1 Popular Links Living HereVisitingGovernmentDoing Business Events Search this site CAPTCHA: no challenge enabled Home » 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sun Mon Tue Wed Thu Fri Sat December 2016 Parks and Recreation Commission Meeting 12/01/2016 - 7:00pm Co††ee with the Mayor 12/03/2016 - 9:00am to 10:30am City Council Meeting 12/07/2016 - 6:00pm Council on Aging Meeting 12/08/2016 - 4:30pm Airport Commission Meeting 12/08/2016 - 6:00pm Harbor Commission Meeting 12/12/2016 - 7:00pm Planning & Zoning Commission Meeting 12/14/2016 - 7:00pm Christmas Day 12/25/2016 - 12:00am to 11:45pm Observation of Christmas 12/26/2016 - 12:00am to 11:45pm Planning & Zoning Commission Meeting 12/28/2016 - 7:00pm City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907) 283-7535 KMC Sta†† Webmail Site Credits Disclaimer « Prev Next » Hello smodigh Log outDashboardContentStructureAppearancePeopleModulesConfigurationReportsHelp Add contentFind content Edit shortcuts Page 117 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 118 of 144 COUNCIL ON AGING MEETING SEPTEMBER 8, 2016 – 4:30 P.M. KENAI SENIOR CENTER CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Geller called the meeting to order at 4:30 p.m. Roll was confirmed as follows: Members Present: Chair V. Geller, Vice Chair M. Milewski, L. Nelson, J. Hollier, V. Hallmark, F. Walters Members Absent: B. Modigh, B. Osborn, A. Weeks Staff/Council Liaison Present: Senior Center Staff C. Bannock, Council Liaison B. Gabriel A quorum was present. 2. AGENDA APPROVAL Councilor Nelson MOVED to approve the agenda and Council Member Milewski SECONDED the motion. There being no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. June 9, 2016 Councilor Nelson MOVED to approve the June 9, 2016 meeting summary; Council Member Walters SECONDED the motion. There being no objections; SO ORDERED. b. July 13, 2016 Councilor Milewski MOVED to approve the July 13, 2016 meeting summary; Council Member Nelson SECONDED the motion. There being no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD a. Ken Youngberg, Licensed Clinical Social Worker Ken Youngberg explained that he has over a decade of experience, is new to the area, and travels to his clients homes to assist when different situations become more than they are capable of coping with; specializes in mental health issues such as post traumatic stress disorder, depression, and anxiety. 5. UNFINISHED BUSINESS – None 6. NEW BUSINESS a. Service Animals vs. Emotional Animals at the Senior Center Page 119 of 144 Staff reviewed information that had been provided; noted the director requested a recommendation for a policy at a future meeting. It was decided the Council would wait until the October meeting to discuss further. 7. REPORTS a. Senior Center Director – No report. b. Council on Aging Chair – No report. c. City Council Liaison – Council Liaison Gabriel noted Council had approved an amended 2030 Comprehensive Plan; approved increasing revenues and appropriating funds for the Senior Supplemental Nutrition, Transportation & Services Grant for 2017; Borough Mayor Navarre provided an overview of the two tax propositions on the October 4 ballot; Approved a memorandum of understanding with the Kenaitze Indian Tribe to improve Old Town Park; City Council narrowed its list of City Manager applicants from 28 to five. Gabriel also noted that he would look into the status on the atrium; that the architects were in the process of putting together a proposal for Senior Center Upgrades; there would be further discussion regarding bluff erosion in 2017. 8. NEXT MEETING ATTENDANCE NOTIFICATION –October 13, 2016 9. QUESTIONS & COMMENTS 10. PERSONS NOT SCHEDULED TO BE HEARD – None 11. INFORMATION 12. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 6:30 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC, Deputy Clerk Page 120 of 144 KENAI AIRPORT COMMISSION SEPTEMBER 8, 2016 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Commissioner Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, J. Bielefeld, D. Pitts, K. Dodge, P. Minelga J. Zirul, C. Henry Staff/Council Liaison Present: Airport Manager M. Bondurant, Airport Assistant E. Shinn A quorum was present. c. Agenda Approval MOTION: Commissioner Bielefeld MOVED to approve the agenda and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. 2. PERSONS SCHEDULED TO BE HEARD – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. July 14, 2016 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary of July 14, 2016, and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. b. August 11, 2016 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary of August 11, 2016, and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. Page 121 of 144 5. UNFINISHED BUSINESS a. Discussion – Master Plan It was noted that there were no changes in the Master Plan from the last meeting. 6. NEW BUSINESS a. Discussion/Recommendation – Special Use Permit to Empire Airlines for aircraft parking. It was noted that the Special Use Permit was for aircraft parking, loading, and unloading. MOTION: Commissioner Dodge MOVED to approve the Special Use Permit to Empire Airlines, and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. b. Discussion/Recommendation – SOAR Lease Application for Lot 5, FBO Subdivision No. 8. It was noted that the purpose of the lease was to build a new facility with the intent that the facility catered to private jets and that the Planning & Zoning Commission had approved the application MOTION: Commissioner Bielefeld MOVED to approve the SOAR lease application, and Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Airport Manager – reported on the following: • Planning was under way for the tri-annual mass casualty drill; • Annual snow removal meeting scheduled for October 12; • Airport Manager scheduled for training out of town September 30 through October 6; • Noted there had been interest from several companies to use the Kenai Airport as an alternate airport. b. City Council Liaison – No report. 8. NEXT MEETING ATTENDANCE NOTIFICATION – October 13, 2016. 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Bielefeld noted the taxiway project went well. Page 122 of 144 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:46 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 123 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 124 of 144 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 14, 2016 - 7:00 P.M. VICE CHAIR DIANE FIKES, PRESIDING MINUTES 1. CALL TO ORDER: Commission Vice Chair Fikes called the meeting to order at 7:01 p.m. a. Pledge of Allegiance Fikes led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: G. Pettey, D. Fikes, R. Springer, K. Peterson, J. Glendening Staff/Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Planning Assistant W. Anderson and Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Pettey SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; Commissioner Pettey 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 – J. Twait 2. *APPROVAL OF MINUTES: August 24, 2016 Page 125 of 144 Minutes were approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. PZ16-33 - A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending Ordinance No. 2923-2016 to the Council of the City of Kenai Alaska, Amending Kenai Municipal Code Section 21.05.020 – Airport Reserve Boundary Map, to Relocate the Airport Reserve Boundary from the Kenai Spur Highway to the North Side of Cohoe Avenue and to Replace the Airport Reserve Boundary Map in Appendix I of Chapter 21.05 – Airport Administration and Operation with a New Updated Map City Planner Kelley reviewed his staff report which was provided in the packet, noting that the resolution supported an ordinance to move the airport reserve boundary which affected nine properties; the Airport Commission had requested the adjustment; Airport Master Plan Phases II and III recommended the adjustment. Kelley added that the boundary relocation did not affect any leases in place; allowed for additional flexibility for leaseholders to extend leases or purchase the properties. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15-33 and Commissioner Glendening SECONDED the motion. Vice Chair FIkes opened the public hearing; there being no one wishing to testify, the public hearing was closed. Staff clarified that the airport properties recently sold that were within the airport boundaries were excepted by City Council and their titles were recorded properly. Council Liaison Knackstedt offered his opinion that there wasn’t controversy surrounding relocation of the airport boundaries; seemed appropriate due to Kenai Spur Highway access. VOTE: YEA: Pettey, Fikes, Peterson, Springer, Glendening NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. Page 126 of 144 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Knackstedt pointed out the action agenda for the September 7 meeting was in the packet. Noted that Ordinance 2908-2016 was enacted which was a version of the 2030 Comp Plan that included clarification amendments and a few changes to Land Use Map; Ordinance No. 2916-2016 – Nuisances In General enacted with minor amendments. Clarified that the process of selecting a City Manager was ongoing; Council had prepared a short list of applicants and specified questions to be asked; will be setting time to do Skype interviews; recruitment process started in June. b. Borough Planning – Commissioner Glendening reported the Borough Planning Commission met in Cooper Landing on September 12; Platting Committee approved seven plats; Planning Commission approved a Marijuana Limited Cultivation Facility in Kasilof; Recommended defeating an ordinance amending reduction in Borough Planning Commission membership; Recommended approval of an ordinance appropriating $325,000 for updating the Kenai Peninsula Borough Comprehensive Plan; Set a hearing for renaming a road near Homer for 2017. c. Administration – Kelley noted the 2030 Comprehensive Plan had been approved by City Council; would be making necessary amendments and forwarding it to the borough for adoption. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: September 28, 2016 14. COMMISSION COMMENTS & QUESTIONS: None. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:22 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy City Clerk Page 127 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 128 of 144 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 28, 2016 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair Twait called the meeting to order at 7:01 p.m. a. Pledge of Allegiance Fikes led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: J. Twait, G. Pettey, D. Fikes, R. Springer, K. Peterson, J. Glendening Staff/Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Planning Assistant W. Anderson and Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; Commissioner Pettey 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: September 14, 2016 Page 129 of 144 Minutes were approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None. 5. CONSIDERATION OF PLATS: a. PZ16-32 – Preliminary Original Plat of Redoubt Terrace Subdivision 2016 Replat, submitted by Seggeser Surveys, Inc., 30485 Rosaland St., Soldotna, AK 99669 City Planner Kelley reviewed his staff report, which was provided in the packet, noting that the plat reconfigured the property line between two lots; recommended approval with following recommendations: • Further development of the property shall conform to all Federal, State, and local regulations • Easement delineated on the North boundary of the proposed Lot 40A, Block 1, Redoubt Terrace Subdivision 2016 Replat should either be labeled or a legend added to indicate the width and type of easement, prior to recordation of the proposed plat. • Plat note be added to the proposed plat of Redoubt Terrace Subdivision 2016 Replat which reads, “Access to Lot 40A shall be from South Gill Street only.” MOTION: Commissioner Fikes MOVED to approve Resolution No. PZ15-32 and Commissioner Peterson SECONDED the motion. Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing was closed. Staff clarified that the proximity between the house and easement was acceptable; the presumed intent was to even out each lot. VOTE: YEA: Pettey, Fikes, Twait, Peterson, Springer, Glendening NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. PZ16-34 – A Application for a Transfer of a Conditional Use permit (PZ12-22) for an Assisted Living Facility from Clint Hall, Transferor, to J.A.C. Enterprises, Inc., Transferee. Page 130 of 144 City Planner Kelley reviewed his staff report, which was provided in the packet, noting that this was transfer of a Conditional Use Permit for Cheri’s Place Assisted Living Facility from the owner to his new corporation of which he is 100% shareholder. Recommended approval with following recommendations: • Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. • Applicant must comply with all Federal, State and local regulations. • Applicant shall file and annual report for the Conditional Use Permit as set forth in KMC 14.20.150(f). • If there is a change of use for the above described property, a new Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5) MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ15-34 and Commissioner Peterson SECONDED the motion. Staff clarified that the existing conditions transferred to the new entity. VOTE: YEA: Pettey, Fikes, Peterson, Springer, Twait, Glendening NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – No report; Council Member Knackstedt was not present. b. Borough Planning – Commissioner Glendening reported that at their September 26 meeting, the Platting Committee approved 8 preliminary; Planning Commission recommended adoption of an ordinance updating and clarifying coastal flood maps; recommended approval of a resolution authorizing acceptance of title from the Kenai Peninsula Building Authority, Inc., to be managed in support of the Kenai Peninsula Borough School District Vocational Education Support; approved a Conditional Use Permit for structures near anadromous fish habitat; noted the Anchor Point advisory commission was full membership. c. Administration – City Planner M. Kelley noted the local American Planning Association conference was coming up in November; encouraged any Commissioner interested in attending to contact him for registration. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: Page 131 of 144 Staff explained that Council approved a transfer of lease from SOAR International Ministries, Inc., to Schilling Rentals, LLC. 13. NEXT MEETING ATTENDANCE NOTIFICATION: October 12, 2016 14. COMMISSION COMMENTS & QUESTIONS: Glendening encouraged everyone to get out and vote by October 4. Pettey echoed Glendening’s remarks to vote by October 4. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:18 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy City Clerk Page 132 of 144 KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 13, 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 7:38 p.m. Roll was confirmed as follows: Members present: Chair L. Gabriel, T. Canady, S. Peterson, R. Sierer Members absent: C. Jung, A. Zulkanycz, B. Madrid Staff/Council Liaison present: Parks and Recreation Director B. Frates, Parks and Recreation Operator R. Dodge A quorum was present. 2. AGENDA APPROVAL MOTION: Committee Member Peterson MOVED to approve the agenda with the addition of a discussion item regarding the Beaver Loop water tank and Member Sierer SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. May 10, 2016 MOTION: Committee Member Peterson MOVED to approve the meeting summary of May 10, 2016, and Committee Member Canady SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Pumpkin Patch Activity There was discussion regarding time, location and activities for a Pumpkin Patch activity. It was decided that the activity would be held mid-October at wildflower field from 1-3 pm. Some activities discussed were a pumpkin patch, pumpkin painting, petting zoo, cookie decorating and hot drinks. Director Frates reported that a KCHS student would assist with the activity by painting a backdrop for taking photos during the event. It was recommended that the wildflowers be mowed prior to the event. b. 2016 Flowerbed Review Page 133 of 144 There was discussion regarding the various beds throughout town, including ideas for next year. Priorities the committee would like to focus on in 2017 are as follows: • Re-think the Dahlia flowerbed, • Complete the Old Town Historic sign bed, • Divide some plants at the Leif Hansen Park; create landscaped brick areas, • Look into adding Yarrow and Phlox, • Re-think the Poppies at Leif Hansen Park near the veteran’s memorial, • Utilize Begonias, • Add some formality and uniform structure to the landscaped brick beds at Leif Hansen Park, • Look at adding Maltese Cross, • Select three to four different designs for circle planters to create a variety. Director Frates noted the department aimed to recreate the rose bed near the fountain in Leif Hansen Park. Overall, the committee was satisfied with the flowerbeds this year, particularly some of the petunias and cardoon such as in the Leif Hansen Park sign bed. c. Water Tank Beautification on Beaver Loop Road Staff reported the item was added to the agenda pursuant to a request from Council. It was noted that the water tank was visited during the tour prior to the meeting and it was mentioned that at some point in the future, the tank could be made to be more attractive. Director Frates indicated that painting over the existing paint would prove difficult and expensive. It was further discussed that a metal or wood cutout could be attached to the exterior and that additional trees could be added outside the fence area for sight obscuring purposes. It was noted that no further action or discussion was needed at this time. 7. REPORTS a. Parks and Recreation – Director B. Frates reported on the following: • Thanked the committee members for attending the tour, • Noted he presented to the Kenai Rotary Club, • Noted 905 sixty gallon trash bags were hauled from Kenai’s park system from May to August, • A total of 431 hours of cleaning restrooms and trash hauling was performed from May to August, • The Parks & Recreation department planted over 4,000 flowers • The Parks & Recreation department added fall decorations to City Hall, Library, Airport and Animal Control. b. Committee Chair – Chair Gabriel noted she was excited that planning was moving forward for the Pumpkin Patch activity; thanked the Parks & Recreation department for the fall decorations and asked that winter decorations be added to the next meeting agenda. c. City Council Liaison – No report Page 134 of 144 8. NEXT MEETING ATTENDANCE NOTIFICATION – October 11, 2016 9. COMMITTEE MEMBER QUESTIONS AND COMMENTS 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 8:35pm. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC, Deputy City Clerk Page 135 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 136 of 144 Page 137 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 138 of 144 Page 139 of 144 Page 140 of 144 Page 141 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 142 of 144 Page 143 of 144 [PAGE LEFT BLANK INTENTIONALLY] Page 144 of 144