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HomeMy WebLinkAbout2016-12-07 Council Packet KENAI CITY COUNCIL – REGULAR MEETING DECEMBER 7, 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. Election of Vice Mayor 4. Agenda Approval 5. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Joy Merriner with BDO – FY2016 City of Kenai Comprehensive Annual Financial Report by the City’s External Auditor. [Clerk’s Note: It has been requested to allow 20-25 minutes to complete this presentation.] 2. Bob McIntosh – Lawton Acres. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2926-2016 – Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. ............................................................................. Pg. 5 2. Resolution No. 2016-46 – Establishing the 2017 Dates for Regular Meetings of the City Council. .................................................................................. Pg. 7 3. Resolution No. 2016-48 – Authorizing the City Manager to Accept a Donation, on Behalf of the City, of Property Described as Lot 1, Block 20, Original Townsite of Kenai, Kenai, Alaska from Kenai Bible Church, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that the Public Interest will not be Served by an Appraisal.Pg. 11 4. Resolution No. 2016-49 – Supporting the Vacation of Section Line Easements Located on the Section Line in Common with Section 7 and Section 18, T5N, R11W, Seward Meridian, further Located on Old Cannery Road between Royal Street and the Mean High-Water of Cook Inlet within the City Limits of Kenai. .............................................................................................................. Pg. 17 E. MINUTES 1.*Regular Meeting of November 2, 2016 .................................................... Pg. 21 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 29 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 31 3. *Ordinance No. 2927-2016 – Amending Kenai Municipal Code 23.55.020- Compensation Structure by Grade, and 23.55.050-Hourly Rates, to Clarify Step Increase Differences between Permanent Full-Time and Permanent Part- Time Employees. ................................................................................... Pg. 35 4. *Ordinance No. 2928-2016 – Increasing Estimated Revenues and Appropriations by $1,400,120 in the Water and Sewer Capital Project Fund for Construction of Improvements to the City’s Waste Water Treatment Plant and by $353,791.51 in the Water and Sewer Special Revenue Fund to Provide the Required 30% Local Match to the Project. ............................................ Pg. 39 5. *Ordinance No. 2929-2016 – Amending KMC 22.05.100-Sale Procedure, to Eliminate the Requirement that the City Utilize a Title or Escrow Company within the City for Closing of General Fund Land Sales. ........................ Pg. 43 6. *Ordinance No. 2930-2016 – Amending KMC 12.40.060-Violations and Penalties, to Set Specific Fine Amounts for Violations of the City’s Regulation of Smoking in Order to Eliminate the Requirement of a Mandatory Court Appearance for each Citation Issued. .................................................... Pg. 47 7. *Ordinance No. 2931-2016 – Amending KMC 23.50.010-Employee Classification, to Remove the Class Title of Human Resource Officer and Class Code 123 in its Entirety and Amend the Class Title Human Resource Specialist/Assistant to City Manager to Human Resource Officer Pursuant to a Position Reclassification. ......................................................................Pg. 51 8. *Ordinance No. 2932-2016 – Donating and Declaring no Longer Needed for a Public Purpose a Certain Parcel Described as Lot 17, Block 5, Original Townsite of Kenai, (KPB Parcel No. 047-071-21) to the Kenaitze Indian Tribe. .............................................................................................................Pg. 55 Kenai City Council Meeting Page 2 of 5 December 7, 2016, 2016 9. *Ordinance No. 2933-2016 – Authorizing an Amendment to Extend the Term of Lease to 2035 of Certain City-Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as the “Fine Arts Center”, to the Peninsula Art Guild, Inc, without a Current Appraisal and Declaring an Amendment to the Lease is in the Best Interest of the City. .............................................................................................................. Pg. 61 10. Action/Approval – Consent to Assignment of Lease of General Fund Lands for Property Described as a portion of Government Lot 10, Section 4, Township 5 North, Range 11 West, and Lots 2 and 4, Amended U.S. Survey 4563 Located at Bridge Access Road from Salamatof Fisheries, LLC (Assignor) to RABUF, LLC (Assignee). ....................................................................... Pg. 71 11. Action/Approval – Consent to Assignment of Lease of General Fund Lands for Property Described as Tract C, Kenai Tidelands Survey No. 2 from Salamatof Fisheries, LLC (Assignor) to RABUF, LLC (Assignee). ......... Pg. 81 12. Action/Approval – Consent to Assignment of Lease of General Fund Lands for Property Described as Lot 2, Kenai Spit Subdivision, Located at 2000 Columbia Street from Wild Pacific Salmon, Inc. (Assignor) to North Pacific Seafoods, Inc. (Assignee). ..................................................................... Pg. 89 13. Action/Approval – Mayoral Appointment and Council Confirmation of Council Liaisons to Committees and Commission. ............................................. Pg. 95 14. Action/Approval – Council Confirmation of the Mayor’s Nomination to Appoint Gary Greenberg to the Planning and Zoning Commission. .................... Pg. 97 15. Action/Approval – Mayoral Nomination and Council Confirmation to Appoint Applicants to the Planning and Zoning Commission Vacancies. ............ Pg. 99 16. Action/Approval – Mayoral Nomination and Council Confirmation to Appoint or Reappoint Applicants to Committee/Commission Vacancies. ......... Pg. 107 17. Action/Approval – Providing Direction to the City Manager Regarding Property Acquisition in Support of the Bluff Erosion Project. ............... Pg. 109 18. Action/Approval – Council Approval of a $500 Donation to Wreaths Across America Recognizing United States Veterans. ................................... Pg. 111 19. Action/Approval – Scheduling a Council Work Session to Discuss FY17 Financial Performance. ...................................................................... Pg. 115 20. Discussion – Kenai Peninsula Borough Action on City of Kenai Comprehensive Plan. ........................................................................ Pg. 117 Kenai City Council Meeting Page 3 of 5 December 7, 2016, 2016 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission ............................................................................ Pg. 133 3. Harbor Commission 4. Parks and Recreation Commission ..................................................... Pg. 137 5. Planning and Zoning Commission ...................................................... Pg. 141 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR ...................................................................... Pg. 145 J. ADMINISTRATION REPORTS 1. City Manager ...................................................................................... Pg. 153 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 1. City Manager Hiring and Recruitment. [Clerk’s Note: Council may convene into executive session to discuss this agenda item pursuant to AS 44.62.310(C)(1)(2)(a matter if which the immediate knowledge would clearly have an adverse effect upon the finances of the city; a subject that tends to prejudice the reputation and character of an applicant.] 2. Offer to purchase a portion of property located at 10095 Kenai Spur Highway, Kenai AK 99611, KPB Parcel No. 04501003. [AS 44.62.310(c)(1)(3) a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential.] M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Correspondence from the Performing Arts Society to the Kenai and Soldotna Chamber of Commerce Members regarding Donations for Music Classes. 3. Correspondence regarding the Opposition of further Development of Lawton Acres. Kenai City Council Meeting Page 4 of 5 December 7, 2016, 2016 Page 5 of 167 Page 6 of 167 Sponsored by: Council Member Navarre CITY OF KENAI RESOLUTION NO. 2016-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING THE 2017 DATES FOR REGULAR MEETINGS OF THE CITY COUNCIL. WHEREAS, the City’s Charter to allows for cancellation of meetings by the Mayor due to lack of a quorum or for an emergency, or by a majority of council members for any reason as long as at least twenty (20) regular meeting are held each calendar year and at least one each month; and, WHEREAS, it is in the best interest of the City for City Council to provide as much advance notification as possible to the public and administration of any cancelled meetings; and, WHEREAS, timely adopting a calendar of meeting dates for 2017, including any cancelled meetings, provides advance notice to the public and administration; and, WHEREAS, cancelling the second regular meeting of the City Council in July, allows for Council, administration and residents to participate in the personal use fishery and other outdoor activities; and, WHEREAS, rescheduling the second regular meeting of the City Council in October to Thursday, October 19, is necessary as the regularly scheduled meeting falls on October 18, Alaska Day, which is a City recognized holiday and City Hall will be closed; and, WHEREAS, cancelling the second regular meeting of the City Council in November, allows for Council and administration to attend Alaska Municipal League conferences; and, WHEREAS, cancelling the second regular meeting of the City Council in December, which falls close to the Christmas holiday during the 2017 Calendar year, recognizes that many Council Members, employees and residents may be traveling or on leave during this time; and, WHEREAS, cancelling one Regular Council Meeting in July, November and December, complies with the minimum standards for meeting requirements as provided in the City’s Charter. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council of Kenai establishes the following Calendar of Meetings for the 2017 Calendar Year: Regular Meeting shall be held every first and Page 7 of 167 second Wednesday of each month during 2017, except that there will not be a second meeting in July, November or December; and that the second meeting in October will be rescheduled to Thursday, October 19. Section 2. That this Calendar may be further amended by Council in compliance with the City Charter and Kenai Municipal Code. Section 3. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of December, 2016. _______________________________________ BRIAN G. GABRIEL, SR., MAYOR ATTEST: ______________________________________ Sandra Modigh, City Clerk Page 8 of 167 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Council Member Navarre DATE: December 1, 2016 SUBJECT: Resolution No. 2016-46 This resolution is intended to establish a calendar for the regular meetings of the City Council in 2017. Pursuant to City Charter, a meeting may be cancelled by the Mayor due to a lack of a quorum, or for an emergency, or by a majority of council members for any reason as long as at least twenty (20) regular meetings are held each year and at least one each month. The proposed resolution maintains at least one regular meeting each month and more than the minimum twenty (20) regular meeting each year. This resolution proposes scheduling regular meeting every first and third Wednesday of each month except for the months of July, November and December, when a second meeting of each month would be cancelled. The second meeting of July coincides with the peak season the personal use dipnet fishery which consumes the full attention of the administration and is a busy time of year for other residents. The second meeting in November coincides with the AML conferences in Anchorage, which are attended by many council members and administrative personnel. The second meeting in December is very close to the Christmas holiday in 2017 and likely conflicts with many council member, administrative and resident holiday plans. Additionally, the second meeting in October in 2017 falls on Alaska Day, which is a City recognized holiday and as such, City Hall will be closed. This resolution proposed to reschedule the second meeting in October from Wednesday, the 18 to Thursday the 19. Your consideration is appreciated. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 9 of 167 City of Kenai 2017 Packet Deadline Schedule City Council December 30, 2016 January 13, 2017 January 27, 2017 February 10, 2017 February 24, 2017 March 10, 2017 March 31, 2017 April 14, 2017 April 28, 2017 May 12, 2017 June 2, 2017 June 16, 2017 Planning & Zoning Commission (deadlines may vary per planning dept.) Parks & Recreation Commission Airport Commission June 30, 2017 July 28, 2017 August 11, 2017 September 1, 2017 September 15, 2017 September 29, 2017 October 13, 2017 October 27, 2017 December 1, 2017 December 29, 2017 January 6, 2017 January 20, 2017 February 3, 2017 February 17, 2017 March 3, 2017 March 17, 2017 April 7, 2017 April 21, 2017 May 5, 2017 May 19, 2017 June 9, 2017 June 23, 2017 July 7, 2017 July 21, 2017 August 4, 2017 August 18, 2017 September 8, 2017 September 22, 2017 October 6, 2017 October 20, 2017 November 3, 2017 November 17, 2017 December 8, 2017 December 22, 2017 December 29, 2016 January 26, 2017 February 23, 2017 March 30, 2017 April 27, 2017 May 25, 2017 July 27, 2017 August 31, 2017 September 28, 2017 October 26, 2017 November 30, 2017 December 28, 2017 January 5, 2017 February 2, 2017 March 2, 2017 April 6, 2017 May 4, 2017 June 1, 2017 July 6, 2017 August 3, 2017 September 7, 2017 October 5, 2017 November 2, 2017 December 7, 2017 The following calendars reflect meeting dates for our Commissions, Committees, and Council’s. The list reflect packet deadlines. All meetings take place at Kenai City Hall Council Chambers, 210 Fidalgo Ave, unless otherwise noted. For more information call 283-8231. Harbor Commission January 3, 2017 January 30, 2017 February 27, 2017 April 3, 2017 May 1, 2017 May 30, 2017 July 3, 2017 July 31, 2017 September 5, 2017 October 2, 2017 October 30, 2017 December 4, 2017 Council on Aging (meets at Kenai Senior Center, 361 Senior Ct.) January 5, 2017 February 2, 2017 March 2, 2017 April 6, 2017 May 4, 2017 June 1, 2017 July 6, 2017 August 3, 2017 September 7, 2017 October 5, 2017 November 2, 2017 December 7, 2017 Beautification Committee January 3, 2017 April 4, 2017 May 2, 2017 September 5, 2017 October 3, 2017 Jan 2017 S M T W T F S 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 Feb 2017 S M T W T F S 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 Mar 2017 S M T W T F S 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 Apr 2017 S M T W T F S 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 May 2017 S M T W T F S 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 Jun 2017 S M T W T F S 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 Jul 2017 S M T W T F S 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 Aug 2017 S M T W T F S 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 Sep 2017 S M T W T F S 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 Oct 2017 S M T W T F S 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 Nov 2017 S M T W T F S 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 Dec 2017 S M T W T F S 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 Page 10 of 167 Page 11 of 167 Page 12 of 167 Page 13 of 167 Page 14 of 167 Page 15 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 16 of 167 Page 17 of 167 Page 18 of 167 Page 19 of 167 Page 20 of 167 KENAI CITY COUNCIL – REGULAR MEETING NOVEMBER 2, 2016 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on November 2, 2016, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt (absent) Tim Navarre (absent) Jim Glendening Glenese Pettey Mike Boyle A quorum was present. Also in attendance were: **Mackenzie Lindeman, Student Representative Rick Koch, City Manager Sandra Modigh, City Clerk Jamie Heinz, Deputy City Clerk 3. Mayoral Oath of Office City Clerk, S. Modigh, administered the Oath of Office to Mayor Gabriel. [Clerk’s Note: Student Representative Lindeman joined the meeting at 6:03 p.m.] 4. Agenda Approval Mayor Gabriel noted the following items to be added to the packet: Add to Item D. 2 Resolution No. 2016-45 • Memorandum from City Manager Add to Item G. 4. KVCC Agreement Extension • KVCC 3rd Quarter Report Page 21 of 167 Add to Information Items Correspondence Regarding Sale of Bowling Alley • Additional Correspondence 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. VOTE: There being no objections, SO ORDERED. 5. Consent Agenda MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. 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. Kathy Gensel & Jodi Stuart – Continuum of Care/Project Homeless Connect. Jodi Stuart noted their agency, Project Homeless Connect, connected people that were homeless or near homeless with resources such as clothing, shelter, or phone service; explained much of the funding was from the U.S. Department of Housing and Urban Development; asked for contributions of funding or volunteers; noted an upcoming event on January 24. C. UNSCHEDULED PUBLIC COMMENTS Lisa Gabriel, Chair of the Beautification Committee, reported the idea for the Pumpkin Festival had come from a vacation where she attended a similar event and after suggesting it, the Parks and Recreation Director ran with it. She noted the pumpkins were brought in and available to be taken by participants, there were warm beverages served, a small petting zoo, and a photo opportunity. She also reported there were several suggestions for additions for the event in the future. Mary Jo Joiner, Library Director, reported that the Library hosted a Literary Haunted House; over 450 people over three days attended the event. She noted that the event featured events inspired Page 22 of 167 by books such as “Frankenstein,” “Dracula,” the “Harry Potter” series,” and Edgar Allen Poe’s “The Raven.” Jeremy Sorhus, Owner of River City Dental, spoke in favor of the City selling him a portion of the property adjacent to Wildflower Field. He cited proximity to patients coming from Kenai Central High School and Kenai Middle School and the number of patients that have anxiety as reasons he was looking into the property; envisioned an open bay window to view the flowers and trees to ease anxiety, and a professionally built building. D. PUBLIC HEARINGS 1. Resolution No. 2016-44 – Adopting the City of Kenai Capital Improvements Plan Priority Lists for State Funding Requests for the Fiscal Year 2018. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2016-44 and the motion was SECONDED by Council Member Boyle. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Gabriel, Glendening, Pettey, Molloy, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2016-45 – Opposing Kenai Peninsula Borough Ordinance 2016- 38 Allowing For Permanent Motor Vehicle Registration Tax For Non-Commercial Motor Vehicles And Non-Commercial Trailers That Are At Least Eight Years Old. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2016-45 and the motion was SECONDED by Council Member Boyle. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Administration pointed out the Borough Assembly Member that drafted the ordinance had intended to amend the ordinance to increase the one-time vehicle registration making the ordinance revenue neutral. He also noted that the savings came from not paying the state any longer. MOTION TO AMEND : Council Member Molloy MOVED to rephrase the resolution clause to state, “Now, therefore, be it resolved by the City of Kenai, Alaska , that the Council opposes Kenai Peninsula Borough 2016- Page 23 of 167 38, allowing for permanent motor vehicle registration tax for non-commercial vehicles and non- commercial trailers that are at least eight years old, unless ordinance 2016-38 is amended to be at least revenue-neutral to the City of Kenai,” and the motion was SECONDED by Council Member Boyle. VOTE ON THE AMENDMENT: YEA: Gabriel, Glendening, Pettey, Molloy, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND : Council Member Pettey MOVED to insert a whereas clause after the fourth whereas clause to read, “Whereas, if KPB Ordinance 2016-38 is amended to increase the one-time vehicle registration fee from $75 to $150, the effect of the ordinance would be revenue-neutral to the City, and the ordinance would not be opposed,” and the motion was SECONDED by Council Member Molloy. VOTE ON THE AMENDMENT: YEA: Gabriel, Glendening, Pettey, Molloy, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Gabriel, Glendening, Pettey, Molloy, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Regular Meeting of October 5, 2016 Meeting minutes approved by the consent agenda. 2.*Regular Meeting of October 19, 2016 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS Page 24 of 167 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. 2926-2016 – Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. Introduced by the consent agenda and public hearing set for December 7, 2016. 4. Action/Approval – Extension of the Facilities Management Agreement for Kenai Visitors and Cultural Center. MOTION: Council Member Molloy MOVED to approve an extension of the Facilities Management Agreement for the Kenai Visitors and Cultural Center and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED The Chamber of Commerce was thanked for the statistics that were provided in the laydown. 5. Action/Approval – Special Use Permit to Everts Air Fuel, Inc. for Equipment Parking and Container Storage. MOTION: Council Member Molloy MOVED to approve the Special Use Permit to Evert’s Air Fuel, Inc. for Equipment Parking and Container Storage and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED 6. Action/Approval – Mayoral Nomination to Appoint an Applicant to the Planning and Zoning Commission. Mayor Gabriel noted his intent to nominate Gary Greenberg to the Planning & Zoning Commission. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report; next meeting November 10. 2. Airport Commission – No report; next meeting November 10. 3. Harbor Commission – November meeting cancelled; next meeting Joint Work Session on December 1, next Regular Meeting on January 9. Page 25 of 167 4. Parks and Recreation Commission – No report; next meeting November 3. 5. Planning and Zoning Commission – No report; next meeting November 9. 6. Beautification Committee – No report; next meeting January 10 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • The Air Force sent F-22 jets to go through landing and fueling operations as the agency considered Kenai Municipal Airport as an alternate airport should they be unable to land at Joint Base Elmendorf-Richardson; • Swore in two new police officers; • Congratulated Officer Prins on his promotion to Sergeant; • Attended the Literary Haunted House at the Library; • Updated Senator Murkowski on the bluff erosion project; thanked the Senator for her help. J. ADMINISTRATION REPORTS 1. City Manager – R. Koch noted an updated investment report was in the packet. 2. City Attorney – no report. 3. City Clerk – S. Modigh noted Election Day was upcoming on November 8 and absentee voting was extremely busy. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Student Representative Lindeman reported on the various sporting events taking place; noted a blood drive taking place on November 8. Council Member Molloy congratulated Mayor Gabriel on his swearing in as Mayor. Council Member Boyle echoed Council Member Molloy’s comments congratulating Mayor Gabriel. Council Member Glendening echoed previous members’ comments congratulating Mayor Gabriel. Council Member Pettey also congratulated Mayor Gabriel, noting she was looking forward to working with him; also thanked the airport manager for hosting the event for the F-22 military jets. Page 26 of 167 L. EXECUTIVE SESSION 1. Offer to Purchase a Portion of Property located at 10095 Kenai Spur Highway, Kenai AK 99611, KPB Parcel No. 04501003. [AS 44.62.310(c)(1)(3) a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential.] MOTION: Council Member Molloy MOVED to convene in executive session to discuss an offer to purchase property located at 10095 Kenai Spur Highway, Kenai, AK 99611, a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential per AS 44.62.310(c)(1)(3) and requested the attendance of the City Manager as needed and the motion was SECONDED by Council Member Boyle. VOTE: YEA: Gabriel, Glendening, Pettey, Molloy, Boyle NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and it was noted that the City Manager had been given direction. 2. Purchase of Property Located at 10639 Kenai Spur Highway, Kenai AK 99611. [AS 44.62.310(c)(1)(3) a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential.] MOTION: Council Member Molloy MOVED to convene in executive session to discuss the purchase of property located at 10639 Kenai Spur Highway, Kenai, AK 99611, a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential per AS 44.62.310(c)(1)(3) and requested the attendance of the City Manager and the motion was SECONDED by Council Member Boyle. VOTE: YEA: Gabriel, Glendening, Pettey, Molloy, Boyle NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. Page 27 of 167 Council reconvened in regular session and it was noted that the City Manager had been given direction. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:17 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of November 2, 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 28 of 167 Page 29 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 30 of 167 Page 31 of 167 Page 32 of 167 Page 33 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 34 of 167 Page 35 of 167 Page 36 of 167 Page 37 of 167 Page 38 of 167 Page 39 of 167 Page 40 of 167 Page 41 of 167 Page 42 of 167 Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 2929-2016 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.100-SALE PROCEDURE, TO ELIMINATE THE REQUIREMENT THAT THE CITY UTILIZE A TITLE OR ESCROW COMPANY WITHIN THE CITY FOR CLOSING OF GENERAL FUND LAND SALES. WHEREAS, Kenai Municipal Code 22.05.100-Sale Procedure, requires in relevant part that closing of sale of City lands shall be handled by a title or escrow company within the City which specializes in closing of real estate sale; and, WHEREAS, the municipal code of ordinances already provides for a local preference in certain competitive procurement processes; and, WHEREAS, the provision is unique within the municipal code of ordinances and conflicts with many state and federal grant requirements as well as an open competitive procurement process; and, WHEREAS, there are not sufficient resources within the City to allow reasonably procurement flexibility in fulfilling the existing ordinance requirements. 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 22.05.100 of the Kenai Municipal Code: That Kenai Municipal Code, Section 22.05.100(a) – Sale Procedure, is hereby amended as follows: (g) Closing of sale of City lands shall be handled by a title or escrow company. [WITHIN THE CITY WHICH SPECIALIZES IN CLOSING OF REAL ESTATE SALES] 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. Page 43 of 167 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of December, 2016. ______________________________________ BRIAN GABRIEL, MAYOR ATTEST: ___________________________________ Sandra Modigh, City Clerk Introduced: December 7, 2016 Enacted: December 21, 2016 Effective: January 20, 2017 Page 44 of 167 Page 45 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 46 of 167 Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 2930-2016 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.40.060-VIOLATIONS AND PENALTIES, TO SET SPECIFIC FINE AMOUNTS FOR VIOLATIONS OF THE CITY’S REGULATION OF SMOKING IN ORDER TO ELIMINATE THE REQUIREMENT OF A MANDATORY COURT APPEARANCE FOR EACH CITATION ISSUED. WHEREAS, Kenai Municipal Code Chapter 12.40 regulates smoking in the City; and, WHEREAS, Kenai Municipal Code 12.40.060 provides the fine structure for violations of the City’s smoking ordinances; and, WHEREAS, the current fine structure provides that fines may be implemented up to a certain amount which necessitates a mandatory court appearance (arraignment); and, WHEREAS, providing a set fine amount allows citations to be processed without a mandatory court appearance, which saves City resources, State Court resources, and time and resources for those cited, who may or may not live within the City; and, WHEREAS, having a set fine amount does not preclude those cited from requesting an arraignment should they so desire; and, WHEREAS, fine amounts of $50, $100, and $200 dollars for the first, second, and subsequent offenses are reasonable and consistent with other City fines. 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 12.40.060 of the Kenai Municipal Code: That Kenai Municipal Code, Section 12.40.060 – Violations and Penalties, is hereby amended as follows: 12.40.060 Violations and [P]Penalties. (a) It is unlawful for any person who operates any premises subject to regulation under this chapter to fail to comply with any provisions of this chapter. (b) It is unlawful for any person to smoke in any area where smoking is prohibited by this chapter. (c) Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by: Page 47 of 167 (1) A fine [NOT EXCEEDING ONE HUNDRED DOLLARS ($100.00)] of fifty dollars ($50.00), plus any surcharge required to be imposed by AS 12.55.039, for a first violation within a twenty-four (24) month period; (2) A fine [NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00)] of one hundred dollars ($100.00), plus any surcharge required to be imposed by AS 12.55.039, for a second violation within a twenty-four (24) month period as measured from the date of first violation; or (3) A fine [NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00)] of two hundred dollars ($200.00), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a twenty-four (24) month period as measured from the date of first violation. (d) Each and every day that such violation continues shall be deemed a separate and distinct violation. (e) Any person aggrieved by a violation or threatened violation of this chapter or the City may bring a civil action against a person who violates this chapter and may recover a civil penalty not to exceed three hundred dollars ($300.00) per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. 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 21st day of December, 2016. ______________________________________ BRIAN GABRIEL, MAYOR ATTEST: ___________________________________ Sandra Modigh, City Clerk Introduced: December 7, 2016 Enacted: December 21, 2016 Effective: January 20, 2017 Page 48 of 167 Page 49 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 50 of 167 Page 51 of 167 Page 52 of 167 Page 53 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 54 of 167 Page 55 of 167 Page 56 of 167 Page 57 of 167 Page 58 of 167 Page 59 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 60 of 167 Page 61 of 167 Page 62 of 167 Page 63 of 167 Page 64 of 167 Page 65 of 167 Page 66 of 167 Page 67 of 167 Page 68 of 167 Page 69 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 70 of 167 Page 71 of 167 Page 72 of 167 Page 73 of 167 Page 74 of 167 Page 75 of 167 Page 76 of 167 Page 77 of 167 Page 78 of 167 Page 79 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 80 of 167 Page 81 of 167 Page 82 of 167 Page 83 of 167 Page 84 of 167 Page 85 of 167 Page 86 of 167 Page 87 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 88 of 167 Page 89 of 167 Page 90 of 167 Page 91 of 167 Page 92 of 167 Page 93 of 167 Page 94 of 167 MEMORANDUM: TO: City Council Members FROM: Brian Gabriel, Mayor DATE: November 28, 2016 SUBJECT: Liaison Nominations Pursuant to KMC 1.90.010, “….At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, shall nominate Council Members as a council liaison to any board, commission or committee.” The following individuals are being nominated pursuant to KMC 1.90.010. Your consideration is appreciated. Council on Aging Council Member Mike Boyle Airport Commission Council Member Henry Knackatedt Harbor Commission Council Member Glenese Pettey Parks and Recreation Commission Council Member Tim Navarre Planning and Zoning Commission Council Members Jim Glendening & Bob Molloy Beautification Committee Council Members Jim Glendening & Bob Molloy Mini-Grant Steering Committee Mayor Brian Gabriel Kenai River Special Management Board (KRSMA) Administrative Staff Member Economic Development District City Manager Rick Koch Cook Inlet Regional Citizens Advisory Council (CIRCAC) John Williams, Citizen 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 95 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 96 of 167 MEMO: TO: Mayor Gabriel and City Council Members FROM: Sandra Modigh, City Clerk DATE: December 1, 2016 SUBJECT: Planning & Zoning Commission Vacancy At the November 2, 2016 meeting, Mayor Gabriel nominated Gary Greenberg to fill the vacancy on the Planning and Zoning Commission. Pursuant to 14.15.015 (c), “… the Kenai City Council shall review the Mayor’s nomination no later than the next regular Council meeting following the meeting in which the Mayor made the nomination…” Council shall consider confirmation of the Mayor’s nomination no later than the December 7 meeting. /sm/ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 97 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 98 of 167 MEMO: TO: Mayor Gabriel and City Council Members FROM: Sandra Modigh, City Clerk DATE: December 1, 2016 SUBJECT: Planning & Zoning Commission Vacancy The Planning & Zoning Commission will have two vacancies as of December 31, 2016, one vacancy due to a term ending and the other due to a commissioner being elected to City Council. All requirements pursuant to Code have been met to fill this vacancy. Applications received for consideration are attached to this correspondence. Pursuant to KMC 14.05.015 (b),”… the Mayor shall make nominations only from the list of persons who timely submitted an application…” and, as per 14.15.015 (c), “… The Kenai City Council shall review the Mayor’s nomination no later than the next regular Council meeting following the meeting in which the Mayor made the nomination…” Council shall consider confirmation of the Mayor’s nomination no later than the January 4 meeting. Attachments 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 99 of 167 Page 100 of 167 Page 101 of 167 Page 102 of 167 Page 103 of 167 Page 104 of 167 Page 105 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 106 of 167 MEMO: TO: Mayor Gabriel and City Council Members FROM: Sandra Modigh, City Clerk DATE: December 1, 2016 SUBJECT: Nomination and Confirmation of Applicants for Appointment to Committee/Commission Vacancies Pursuant to Kenai Municipal Code (KMC) 1.90.010 & 1.90.040, the Mayor has submitted the following individuals to be nominated for appointment to a three-year term ending December 31, 2019: Airport Commission: Charles Henry III – Lessee (reappointment) Harbor Commission: Bob Peters (reappointment) Park and Recreation: Noel Widmayer (reappointment) Jacqueline E. Hudson KMC requires Council confirmation of nominations presented by the Mayor. Your consideration is appreciated. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 107 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 108 of 167 Page 109 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 110 of 167 Page 111 of 167 Page 112 of 167 Page 113 of 167 Page 114 of 167 Page 115 of 167 Page 116 of 167 Page 117 of 167 Page 118 of 167 Page 119 of 167 Page 120 of 167 Page 121 of 167 Page 122 of 167 Page 123 of 167 Page 124 of 167 Page 125 of 167 Page 126 of 167 Page 127 of 167 Page 128 of 167 Page 129 of 167 Page 130 of 167 Page 131 of 167 Page 132 of 167 KENAI AIRPORT COMMISSION NOVEMBER 10, 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, C. Henry, P. Minelga J. Zirul, K. Dodge Staff/Council Liaison Present: Airport Manager M. Bondurant, Airport Assistant E. Shinn, Council Member J. Glendening 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. September 8, 2016 The meeting summary was omitted from the packet, therefore not considered. b. October 13, 2016 The meeting summary was omitted from the packet, therefore not considered. 5. UNFINISHED BUSINESS a. Discussion – Master Plan Page 133 of 167 It was noted that the Technical Advisory Committee was waiting for the consultants to respond to their comments on Phase III. 6. NEW BUSINESS a. Discussion/Recommendation – Helicopter Operations: Arrival and Departure Routes at Kenai Airport It was noted that there was concern with helicopter operation on the apron and the Tower Manager had developed some standard operating procedures including prior coordination and directing itinerant helicopters to use taxiway Juliet. b. Discussion/Recommendation – Goals & Objectives 2016-2017 The goals and objectives for 2015-2016 were reviewed and topics for 2016-2017 goals and objectives were discussed. c. Discussion/Recommendation – Hilcorp Alaska, LLC - Special Use Permit It was noted that Hilcorp Alaska, LLC’s Special Use Permit for forty-four parking spaces at the airport terminal was up for renewal. MOTION: Commissioner Minelga MOVED to approve renewal of the Hilcorp Alaska, LLC Special Use Permit for airport terminal parking, and Commissioner Henry SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Airport Manager – reported on the following: • The F-22 jets had visited the Kenai Airport as a part of considering the airport as an alternate airport; • The Float Plane Basin project went well; • The Float Plane Basin was closed until spring 2017; • Decorating the airport for Christmas. b. City Council Liaison – reported on the actions at the November 2, 2016 meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – December 8, 2016. 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Bielefeld noted he was pleased that the taxiway project turned out so great. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS – None. Page 134 of 167 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:10 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 135 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 136 of 167 KENAI PARKS & RECREATION COMMISSION NOVEMBER 3, 2016 CITY HALL COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR CHARLIE STEPHENS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Vice Chair Stephens called the meeting to order at 7:05 p.m. Roll was confirmed as follows: Commissioners present: C. Stephens, J. Halstead, N. Widmayer, T. Wisniewski Commissioners absent: Staff/Council Liaison present: Parks & Rec Staff Director B. Frates, Council Liaison Bob Molloy A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Widmayer MOVED to approve the agenda; Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. May 5, 2016 MOTION: Commissioner Halstead MOVED to approve the meeting summary of May 5, 2016 and Commissioner Widmayer SECONDED the motion. There were no objections; SO ORDERED. b. August 4, 2016 MOTION: Commissioner Widmayer MOVED to approve the meeting summary of August 4, 2016 and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. c. October 6, 2016 MOTION: Commissioner Wisniewski MOVED to approve the meeting summary of October 6, 2016 with corrections and Commissioner Widmayer SECONDED the motion. There were no objections; SO ORDERED. Page 137 of 167 4. PERSONS SCHEDULED TO BE HEARD – None. 5. PERSONS PRESENT NOT SCHEDULED – None 6. UNFINISHED BUSINESS a. Fourth Avenue Playground Parks and Recreation Director Frates recommended that the Fourth Avenue playground equipment be removed due to the age of the equipment, poor placement of the equipment, and inadequate use zones and protrusion hazards. It was noted that there wasn’t funding for replacement, but a request would be made in the FY18 budget. Staff clarified that engineered wood fiber would be the preferred material for fall prevention; was thanked for the comprehensive review of the equipment. 7. NEW BUSINESS a. Cemetery Fees Parks and Recreation Director Frates reported that the columbarium was complete and that Administration was considering reviewing the fee schedule for the cemetery. It was noted that the plot fees charged were lower than other municipalities across the board and that funds had been spent recently, updating maps and surveying plots. It was noted that the fee increases being considered were as follows: • Standard Plot – raise from $250 to $1,000 • Cremains Plot – raise from $100 to $300 • Infant Plot to remain the same • Columbarium Niche - $1,000 Parks and Recreation Director Frates also reported that a process could be put into place to address individuals or families unable to secure finances to cover expenses. Commissioner Wisniewski explained the City of Soldotna had originally decided columbarium name plates would be uniform and subsequently made an exception which caused issues; they have since gone back to the uniform format. It was further explained that the engraver at Peninsula Memorial Chapel was able to perform the engraving onsite. b. 2017 – 2018 Goals & Objectives Parks and Recreation Director Frates referred to the draft outline in the packet pointing out accomplishments were noted; new goals highlighted in orange; Beautification Committee to review as well; draft would come back to the Parks and Recreation Commission in the future. It was clarified that bleacher upgrades for the adult softball fields would be added. 8. REPORTS a. Parks and Recreation Director – Frates reported on the following: • New Administrative Assistant hit the ground running; doing great. • Pumpkin Festival was a huge success. Page 138 of 167 • Winter decorations were being installed throughout town. b. Commission Chair – Commission Vice Chair Stephens noted the zip line at Beaver Creek Park was a nice addition to the City’s Parks; thanked the department for the Pumpkin Festival and commented on a job well done. c. City Council Liaison - Council Member Molloy reported on miscellaneous Council actions including the upcoming joint work session regarding the Dip Net Fishery report, an update on the bowling alley property, fire truck restoration project, swearing in of Mayor Gabriel, and City Manager recruitment. 9. NEXT MEETING ATTENDANCE NOTIFICATION – December 1, 2016 10. COMMISSION QUESTIONS & COMMENTS – None. 11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None. 12. INFORMATION – None. 13. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:10 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 139 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 140 of 167 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS NOVEMBER 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 Fikes led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: J. Twait, G. Pettey, R. Springer, K. Peterson, J. Glendening, J. Halstead (telephonic) Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Deputy Clerk J. Heinz, and Council Liaison J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Springer SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; Commissioner Springer 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: October 12, 2016 Page 141 of 167 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. PZ16-36 – Preliminary Original Plat of Ridgeview Subdivision 2016 Replat, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611 City Planner Kelley reviewed his staff report, which was provided in the packet, noting the new plat vacated the property lines resulting in the creation of one large tract of land, and recommended approval with following recommendations: • Further development of the property shall conform to all Federal, State, and local regulations • The ten foot utility easements along the East boundary of lots one (1) and three (3) and the West boundary of lot three (3), Ridgeview Estates Subdivision be delineated on the proposed plat • The City of Kenai must sign the final plat accepting for public use the fifteen foot utility easement dedicated by the plat. • Ridgeway Street as shown in the title block for the plat should be revised to read Ridgeway Court. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ16-36 and Commissioner Halstead SECONDED the motion. Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing was closed. VOTE: YEA: Twait, Peterson, Springer, Halstead, Fikes NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. PZ16-37 – Application for a Variance Permit for the placement of an approximately 32 foot square sign within one (1) foot of the property line where ten (10) feet is required pursuant to KMC 14.20.220(b)(2)(c). Located at 8333 Kenai Spur Highway, and further described as Tract A, Kenai Fellowship Church. The application was submitted by the Kenai Fellowship A Church of Christ, Inc. P.O. Box 538, Kenai, AK 99611. Page 142 of 167 City Planner Kelley reviewed his staff report, which was provided in the packet, recommending approval due to consistency with the intent of Kenai Municipal Code Section 14.20.180(a) which stated “to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his property,” with the following recommended conditions: • Applicant must comply with all Federal, State, and local regulations. • Prior to obtaining a Building Permit, the Applicant must submit a Sign Permit application. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ16-37 and Commissioner Peterson SECONDED the motion. Commission Chair Twait opened the public hearing. Jay Pettey, worship leader, noted he was available for questions; clarified the sign was to be back lit and would not include the time and temperature feature as flashing was not allowed by Code; noted that Integrity Survey’s paperwork indicated the building was twenty-two feet from the Right- of-Way and be close in proximity to the existing sign which was to be removed. There being no one else wishing to testify, the public hearing was closed. VOTE: YEA: Twait, Peterson, Springer, Halstead, Fikes NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the 15-day appeal period. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Glendening reported on actions from the November 2 meeting including the Mayoral Oath of Office for Gabriel; Project Homeless Connect reported on the services they provided; Capital Improvement Project list adopted; approved an extension of the Facilities Management Agreement for Kenai Visitors and Cultural Center; approved a Special Use Permit for Evert’s Air Fuel, Inc., Gary Greenberg nominated to the Planning and Zoning Commission; City Manager given direction on revised conditions for the purchase of the bowling alley property; welcomed Commissioner Halstead to the Planning and Zoning Commission. b. Borough Planning – No report; there was not a meeting held. Page 143 of 167 c. Administration – City Planner M. Kelley reporting on the following: • Gary Greenberg was nominated for the Planning and Zoning Commission; City Council would have an opportunity to appoint on December 7 • American Planning Association conferences were upcoming • Comprehensive Plan had been submitted to the Kenai Peninsula Borough; Assembly introduced November 22 for referral to Borough Planning and Zoning for November 28 meeting; 20 day waiting period; Public Hearing in January • Next meeting was scheduled for the day before Thanksgiving. It was decided to cancel the November 23 meeting. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: December 14, 2016 14. COMMISSION COMMENTS & QUESTIONS: None. Commissioner Peterson thanked Councilor Glendening for attending the meeting. Vice Chair Fikes welcomed Commissioner Halstead; congratulated Glendening on his election to Council. Commissioner Halstead noted he was looking forward to the upcoming Commissioner training at the American Planning Association conference and being a part of the Planning and Zoning team. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:36 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy City Clerk Page 144 of 167 Page 145 of 167 Page 146 of 167 Page 147 of 167 Page 148 of 167 Page 149 of 167 Page 150 of 167 Page 151 of 167 Page 152 of 167 Page 153 of 167 Page 154 of 167 Page 155 of 167 Page 156 of 167 Page 157 of 167 Page 158 of 167 Page 159 of 167 Page 160 of 167 Page 161 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 162 of 167 Page 163 of 167 Page 164 of 167 Page 165 of 167 [PAGE LEFT BLANK INTENTIONALLY] Page 166 of 167 Page 167 of 167 CITY OF KENAI F__1 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 (907) 283 -7535 Ext. 223 -APPLICATION For Land Outside the Kenai Municipal Airport Reserve 1. Name of Applicant -,.1 t r ( vv/`_ C/ S' 2. Business Name i ✓s1 v 3. Business Type (circle one) sole nronrietor parMMO co oration WC_ 4. AK Business License 5. Mailing Address /2O 6. Telephone, fa 7 93 S = 036.3 7, Email Address �i^J"v�6x�5 j� „ ✓� c c . n 8. Kenai Peninsula Borough Sales Tax No. (if applicable) 9. Land Requested: If platted, give legal description fd Aeed.# e%15, If not platted, attach a site plan showing the proposed dimensions and location on the Airport. V 10. Proposed Use of the Property (Be specific) �f tic �e ne^ -( L'l"n,C 11. Lease Term Desired_ Wx_ years 12. If you plan to construct improvements or otherwise develop the property: a. Attach a Development Plan (see attached checklist) b. Describe the building type, construction materials, size, etc....... w 64_w6 .c " c. Construction beginning date ✓ Mart.1. '171"+- �s i) U d. Construction completion date (maximum of two years) ()r. +obtr 1 0 }ev e �) e. Estimated total cost of the proposed development & improvements $ "Ji VIA, ( (. ow 14. If you would like the City to consider any additional information relating to your proposal, please put it in writing and submit it with this application. APPLICANT'S SIGNATURE _� Date: ( �_ ZD /. Printed name: ./etc - _ u.6o,� 7jhs Tide: _Owes � APPLICANT'S SIGNATURE: Printed name: Page 1 of 3 Title: Date: Dental September 30, 2016 Rick Koch Kenai City Manager 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mr. Koch and Kenai City Council members: My name is Dr. Jeremy Sorhus and I am the owner and principal dentist at River City Dental, Inc. here in beautiful Kenai, Alaska. We have actively been serving the dental needs of the city of Kenai and its residents for the past 15+ years and have immensely enjoyed our continued relationships with the residents here. Those same residents, and our patients, have expressed several ways we can improve our approach to their care. One of their concerns was our current location. We serve a large number of children that attend Kenai Central High School, and many of those parents indicated they wished we were closer to the school and more importantly, for safety's sake, were on the same side of the street so as not to have to cross the busy Kenai Spur Highway. That would allow students to safely get to their appointments, have less of a disruption to their academic day, and would allow them to keep more of their appointments because they wouldn't have to worry about transportation or weather concerns. We have located an ideal piece of property that would allow us to accomplish exactly those goals. In addition, this property would help make us more visible to the rest of the community so we can more effectively treat their needs. Jeremy S. Sorhus, D.D.S. 120 Trading Bay Rd. #280 Kenai, AK 99611 Ph 907- 335 -0363 Fax 907 - 335 -0364 rivercitydental@hotmaiI.com I�enta As you can see in the enclosed site plans, we expect that the building will be a beautiful addition to the city and due to its location opposite the "Welcome to Kenai" sign, will augment the beautiful approach into the city and will be a piece of property all the residents of the city can be proud is in their city. The purpose of this letter is to approach the Kenai City Council and gauge interest in selling us the partial part of the lot we think would meet our needs well I am excited to be a part of this project, excited to be part of building a very impressive part of this great city, and excited about continuing the great relationships we have established with the City of Kenai and its residents, and excited about helping to set its future in a beautiful way. Sincerely, 7 Dr. Jeremy S. Sorhus Enclosures Jeremy S. Sorhus, D.D.S. 120 Trading Bay Rd. #280 Kenai, AK 99611 Ph 907- 335 -0363 Fax 907- 335 -0364 rivercitydental@hotmail.com wP PI i ell -4L O O � ���� p � #i C og ■,, a <, m o ;� a w �_ _° fag{ YP Iz g Q 7 J 9 i 0 z °= a S F i 'fit 1 V 'QIT W t d O �/ -it z° o° u o w a° mo Q y S