HomeMy WebLinkAbout2017-01-04 Council Packet
KENAI CITY COUNCIL – REGULAR MEETING
JANUARY 4, 2017 – 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. 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. 5
2. 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. 9
• Substitute Ordinance ....................................................Pg. 13
3. 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. 17
4. 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. 21
5. 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. 25
6. 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. 29
7. 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. 35
8. Resolution No. 2017-01 – Authorizing a Budget Transfer within Departments
of the Airport Fund for the Unbudgeted Replacement of Equipment in the
Terminal’s Restaurant. ........................................................................... Pg. 47
E. MINUTES
1.*Work Session of October 19, 2016
2.*Special Meeting of October 25, 2016 ...................................................... Pg. 49
3.*Work Session of December 1, 2016 ........................................................ Pg. 53
4.*Special Meeting of December 1, 2016 ..................................................... Pg. 55
5.*Work Session of December 8, 2016 ........................................................ Pg. 57
6.*Work Session of December 13, 2016 ...................................................... Pg. 59
7.*Regular Meeting of December 7, 2016 .................................................... Pg. 61
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 75
2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 77
3. *Action/Approval – Non-Objection of the Liquor License Renewal for Ramon
Gonzalez d/b/a/ Playa Azul. ................................................................... Pg. 79
4. *Action/Approval – Non-Objection of the Liquor License Renewal for Griffin
Golf Enterprise, LLC. d/b/a Kenai Golf Course. ...................................... Pg. 89
5. *Ordinance No. 2934-2017 – Accepting and Appropriating Funds Forfeited to
the Kenai Police Department. ............................................................ Pg. 105
Kenai City Council Meeting Page 2 of 4
January 4, 2016, 2017
6. *Ordinance No. 2935-2017 – Accepting and Appropriating a Federal Grant
from the Institute of Museum and Library Services (IMLS) Passed through the
Alaska State Library for Employee Travel And Training. ................... Pg. 107
7. *Ordinance No. 2936-2017 – Increasing (Decreasing) Estimated Revenues
and Appropriation in the Personal Use Fishery Fund and Authorizing
Budgetary Transfers in that Fund for Remaining FY2017 Projected
Expenditures. ..................................................................................... Pg. 111
8. *Ordinance No. 2937-2017 – Increasing Estimated Revenues and
Appropriations by $59,000 in the Airport Fund for the Purchase of
Approximately 80 Acres of Real Property Described as SW1/4 Excepting
Therefrom those Portions as Per W/D 51 @ 152 and as Per Superior Court
Order under Case No 3KN-86-1406, CI, Section 29, T6N, R11W, to be
Retained by the City for Public Use and Reserved for Airport Purposes.
.......................................................................................................... Pg. 125
9. *Ordinance No. 2938-2017 – Increasing Estimated Revenues and
Appropriations by $20,600 in the Water & Sewer Fund for the Purchase of
Approximately 2.27 Acres of Real Property Described as Lots 1 and 2, Block
B, Beaver Creek Alaska Subdivision Amended, Section 36, T6N, R11W, to be
Retained by the City for Public Use. .................................................. Pg. 129
10. Action/Approval – Schedule a Work Session to Discuss an Offer to Purchase
a Portion of Property and other Options for Property Located at 10095 Kenai
Spur Highway, Kenai AK 99611, KPB Parcel No. 04501003. ............. Pg. 143
11. Action/Approval – Mayoral Nomination and Council Confirmation to Appoint
or Reappoint Applicants to Committee/Commission Vacancies. ........ Pg. 147
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission ............................................................................ Pg. 149
4. Parks and Recreation Commission ..................................................... Pg. 151
5. Planning and Zoning Commission ...................................................... Pg. 153
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager ...................................................................................... Pg. 161
2. City Attorney
3. City Clerk
Kenai City Council Meeting Page 3 of 4
January 4, 2016, 2017
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – Discuss an Offer to Purchase Property Located at 10639
Kenai Spur Highway, Kenai AK also known as Lot 3A, Block 1, Spur Subdivision
No. 1, 1983 Addition (the old Bowling Alley), 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.
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Kenai Historical Society December 2016 Newsletter.
3. Gaming Permit Application for the Fraternal Order of Eagles Aerie #3525 to
Conduct Raffle or Lottery Games.
4. Correspondence from the Kenai Chamber of Commerce and Visitor Center
Expressing its Gratitude for the City’s Participation in Christmas Comes to
Kenai.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
Kenai City Council Meeting Page 4 of 4
January 4, 2016, 2017
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AGENDA
KENAI CITY COUNCIL – SPECIAL MEETING
OCTOBER 25, 2016 – 12:00 P.M.
KENAI CITY COUNCIL CHAMBERS,
210 FIDALGO AVENUE, KENAI, ALASKA, 99611
http://www.kenai.city
MINUTES
CALL TO ORDER
Mayor Gabriel called the meeting to order at approximately 12:00 p.m.
1. Pledge of Allegiance
Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Pat Porter, Mayor Bob Molloy
Mike Boyle (arrived at 12:15 p.m.) Henry Knackstedt
Tim Navarre Brian Gabriel
Glenese Pettey Jim Glendening
comprising a quorum of the Council.
Also in attendance were:
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
3. Agenda Approval
Mayor Gabriel requested to have public comments placed after the interviews.
MOTION:
Council Member Navarre MOVED to approve the agenda with the recommendations of
Mayor Gabriel. Councilor Knackstedt SECONDED the motion and requested
UNANIMOUS CONSENT.
There being no objections, SO ORDERED.
October 25, 2016 Page 1 of 3
Special City Council Meeting
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NEW BUSINESS
1. City Council Interviews of City Manager Applicant Finalists. [Clerk’s Note: Council
may convene into executive session to discuss this agenda item pursuant to AS
44.62.310(C)(2)(D)(5) a Subject that Tends to Prejudice the Reputation and
Character of an Applicant; and Meetings of the Governmental Body when Holding
a Meeting Solely to Act Upon Matters of Professional Qualifications]
Council conducted interviews in open session of city manager candidates in the
following order: Paul Ostrander; Jason Hooley.
PUBLIC COMMENTS
Christine Hutchison inquired about the requirement of the City Manager to reside within
City limits and the timeline on wastewater treatment and the bluff erosion.
MOTION:
Council Member Navarre MOVED to enter into executive session to discuss the interviews
of city manager applicant finalists pursuant to AS 44.62.310(C)(2)(D)(5) a subject that
tends to prejudice the reputation and character of an applicant; and meetings of the
governmental body when holding a meeting solely to act upon matters of professional
qualifications, and requested the City Attorney and City Clerk be available. Councilor
Glendening SECONDED the motion.
VOTE
YEA: Gabriel, Knacksted, Boyle, Molloy, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
Council reconvened in open session and Councilor Navarre advised that they discussed
the qualifications of the finalists for the City Manager position in executive session.
MOTION:
Council Member Navarre MOVED to enter into employment agreement negotiations with
Paul Ostrander for the position of city manager and that Mayor Gabriel and Molloy act as
the negotiating committee on behalf of Council of the agreement, and that a letter be sent
to finalist Jason Hooley for his time. Councilor Boyle SECOND the motion.
VOTE
YEA: Gabriel, Knackstedt, Boyle, Molloy, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
October 25, 2016 Page 2 of 3
Special City Council Meeting
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at
approximately 5:30 p.m.
Minutes prepared and submitted by:
____________________________
Sandra Modigh, CMC, City Clerk
October 25, 2016 Page 3 of 3
Special City Council Meeting
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KENAI CITY COUNCIL JOINT WORK SESSION
2016 DIP NET REPORT
DECEMBER 1, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR GABRIEL, PRESIDING
NOTES
Council present: R. Molloy, M. Boyle, B. Gabriel, H. Knackstedt, T. Navarre, G. Pettey, J.
Glendening,
Others present: City Manager R. Koch, City Clerk S. Modigh, Commissioner B. Peters, T.
Wisniewski, Commissioner G. Greenberg.
Mayor Gabriel began the work session at approximately 6:00 p.m.
City Manager Koch provided an overview of the 2016 Dip Net Report noting that once again the
season presented operations and management challenges for the City of Kenai and its citizens.
Koch advised that the 2016 Personal Use Fishery Sockeye run was similar to the last year in
that it didn’t have a pronounced peak although at times there were significant numbers of
salmon available during the fishery.
Koch provided a recap on the following:
• the no wake zone along approximately 6,000 lineal feet of the Kenai River continued to
work extremely well, there were requests from commercial drift fishermen that the no
wake zone be extended down river to encompass the area in which a large number of
commercial vessels are moored.
• The entrance to the south shore via Old Cannery Road was again closed through a
temporary section-line access closure permit issued to the City by the Alaska
Department of Natural Resources. It was noted that it was the intent to continue to
eliminate all access at Old Cannery Road and Dunes Road in the future as a result of
the construction of the new Royal Street access.
• Two fee shacks were relocated from Dunes Road to the new Royal Street access to
provide access to the south beach and access along the south beach was prohibited by
jersey barriers placed across the tidelands.
Koch advised that the City and Legislature has appropriated funds to construct a new access
road to the beach south of the mouth of the river. The City purchased property and constructed
phase I of the new Royal Street access road to minimize environmental impacts and to that the
roadway was operational for the 2016 fishery. Phase II will be completed in 2017.
It was noted that Council adopted a budget for the Fishery with revenues in the amount of
$582,886 and expenditures of $580,209. Projected revenues were $574,768 and projected
expenses were $589,261 resulting in revenues over expenditures in the amount of -$9,493. The
P.U. Fishery Fund began FY17 with a fund balance of $139,963 and is projected to end the
fiscal year at approximately $130,443.
Koch advised that Administration does not recommend any changes to the fee structure for the
2017 Personal Use Fishery. FY17 Capital requests were the following:
• Parks & Rec 4X4 Tractor $49,000.00
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KENAI CITY COUNCIL WORK SESSION
DECMEBER 1, 2016
PAGE 2
• Parks & Rec 12’ Hydraulic Rake $9,000.00
Koch noted that there are items that need to be addressed at the nest Board of Fish meeting
most importantly a proposal to extend up river the P.U. Fishery and recommended Council take
action in opposition via resolution. Additionally, the proposal to eliminate dip net fishing in areas
other than the mouth of the river would be prohibited.
Glenn Arendall, resident of Kenai, expressed his concern with the safety of the individuals
participating in the fishery primarily due to the type of boats that are permitted during the Fishery
and recommended that there only be 50horsepower boat limitation.
It was noted that there was room on the south beach to lease lots for vendors however, the
north beach would be taking away from other participating in the fishery.
Council thanked Administration for their continued efforts in creating a better Fishery.
The work session adjourned at 7:16 p.m.
Notes prepared by:
_______________________________
Sandra Modigh, CMC
City Clerk
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AGENDA
KENAI CITY COUNCIL – SPECIAL MEETING
DECEMBER 1, 2016 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS,
210 FIDALGO AVENUE, KENAI, ALASKA, 99611
http://www.kenai.city
MINUTES
CALL TO ORDER
Mayor Gabriel called the meeting to order at approximately 7:17 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 Bob Molloy
Mike Boyle Henry Knackstedt
Tim Navarre Glenese Pettey
Jim Glendening
comprising a quorum of the Council.
Also in attendance were:
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
3. Agenda Approval
MOTION:
Council Member Navarre MOVED to approve the agenda and Councilor Knackstedt
SECONDED the motion and requested UNANIMOUS CONSENT.
There being no objections, SO ORDERED.
PUBLIC COMMENTS – None.
NEW BUSINESS
1. Action/Approval – Hiring and Recruitment of a City Manager.
[Clerk’s Note: Council May Convene into Executive Session to Discuss this
Agenda Item which Pursuant to AS 44.62.310(C)(2) May be a Subject that
December 1, 2016 Page 1 of 2
Special City Council Meeting
Page 55 of 182
Tends to Prejudice the Reputation and Character of the Applicant and per AS
44.62.310(c)(1) is a Matter of which the Immediate Knowledge may have an
Adverse Effect Upon the Finances of the City]
MOTION:
Council Member Molloy MOVED to enter into executive session to discuss this agenda
item which pursuant to AS 44.62.310(c)(2) may be a subject that tends to prejudice the
reputation and character of the applicant and per AS 44.62.310(c)(1) is a matter of which
the immediate knowledge may have an adverse effect upon the finances of the City and
request the City Attorney, City Clerk, Paul Ostrander and Shane Levesque be available.
Councilor Knackstedt SECONDED the motion.
VOTE
YEA: Gabriel, Knacksted, Boyle, Molloy, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
Council reconvened in open session and advised that they consulted with its outside legal
counsel Mr. Lévesque and with the City Attorney regarding hiring a new city manager.
MOTION:
Council Member Navarre MOVED to award a three-year employment agreement to Paul
Ostrander, term to begin in January of 2017. Councilor Glendening SECONDED the
motion.
VOTE
YEA: Gabriel, Knackstedt, Boyle, Molloy, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at
approximately 10:20 p.m.
Minutes prepared and submitted by:
____________________________
Sandra Modigh, CMC, City Clerk
December 1, 2016 Page 2 of 2
Special City Council Meeting
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KENAI CITY COUNCIL JOINT WORK SESSION
DECEMBER 8, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR GABRIEL, PRESIDING
NOTES
Council present: R. Molloy, B. Gabriel, H. Knackstedt, G. Pettey, J. Glendening,
Others present: City Manager R. Koch, City Clerk S. Modigh, City Attorney S. Bloom,
Airport Director M. Bondurant, Airport Commissioners Commissioner J.
Zirul, J. Bielefeld, P. Minelga, G. Feeken, C. Henry, K. Dodge, D. Pitts.
Mayor Gabriel began the work session at approximately 6:00 p.m.
City Manager Koch noted that within past year the City Council has expressed discontent
related to the way the City currently executes airport leases both new and renewals. It was
advised that to date none of the leases have complied with Kenai Municipal Code, hence the
need to review the process and Code.
At the end of a lease there isn’t any defined process and in order to renew our code requires
additional investments. Koch recommended that code be revised removing the strict
requirements because each lease is unique. Koch advised that it was Administrations intent to
move forward with amending leases and code with the input of the Airport Commission and
Lessee’s.
Attorney Bloom noted that in the 4 years he’s been drafting the leases they have been 35 year
leases with additional 20 year renewal and option to own at the end of the lease via a non-code
ordinance.
Koch noted that if the Commission didn’t have any opposition, Administration would move
forward with a code amendment and new lease agreement form similar to what Scott is
currently drafting.
The Commission concurred with moving forward with Administrations suggestions. Attorney
Bloom advised that he could draft most of the changes, but would like to have a consultant to
assist.
The need to update the terminal was discussed.
The work session adjourned at 7:40 p.m.
Notes prepared by:
_______________________________
Sandra Modigh, CMC
City Clerk
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KENAI CITY COUNCIL JOINT WORK SESSION
DECEMBER 13, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR GABRIEL, PRESIDING
NOTES
Council present: R. Molloy, B. Gabriel, H. Knackstedt, G. Pettey, J. Glendening, T. Navarre
Others present: City Manager R. Koch, City Clerk S. Modigh, City Attorney S. Bloom and
Finance Director E. Eubanks
Mayor Gabriel began the work session at approximately 6:00 p.m.
City Manager Koch advised that the reason the work session was called was to review the
FY2017 budget and discuss issues that may arise in FY2018 budget. Koch advised that it’s
projected to have a decrease in sales tax revenue in the amount of $375,000, a decrease in the
choice waiver revenue in the amount of $50,000 and a decrease of the 5% lapse of estimated
revenues of $11,563.40 with a total shortfall of $436,563.40.
Koch noted that he met with department directors to review departmental budgets and located
areas in which he believed items could possibly be removed from next year’s budget in the
amount of $231,268.00 leaving an estimated revenue shortfall of $205,295.40. Koch advised
that the City has built its general fund which unrestricted funds are available for use and have
been used in the past.
It was noted that the FY2017 budget adopted a budget surplus of $151,560.00 designating
$100,00.00 for future health care, FY2016’s carry forward encumbrances was $50,000,
ordinance dock repair in the amount of $35,000 and the reclassification of the HR/City Manager
Administration Assistant to the Human Resources Specialist in the amount of $61,433.00 for a
projected deficit of $95,181.83. Koch recommended that with the approval of Council,
Administration does not move forward with the reclassification adopted by Ordinance No. 2920-
2016. Koch further recommended that the City not spend the funds that have been noted in his
handout.
Koch advised of Administrations potential significant budget issues for FY2018 to be the
following:
Estimated FY2017 General Fund Deficit ($205,295.00)
PERS On-Behalf ($281,404.00)
Community Assistance (Municipal Revenue Sharing) ($277,930.00)
15% Health Care Increase ($210,911.70)
Total Deficit ($975,540.70)
Koch noted that he didn’t expect for all of these items to pan out, but wanted Council to be
aware of the possibilities.
There was no one in attendance to provide public comment.
Koch advised that unless there was objection from Council he planned on moving forward with
his recommendations provided to Council and that the discussion take place again after the next
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KENAI CITY COUNCIL WORK SESSION
DECMEBER 13, 2016
PAGE 2
financial quarter. Koch also noted that there was a savings in funds between him and the new
city manager’s salary, which was not outlined in the material, provided for review.
Council and Administration discussed meeting with the local legislators prior to them leaving for
Juneau and decided on a resolution to be drafted for the meeting.
Paul Ostrander noted that he had been having these conversations with our delegation and will
continue to do so.
Council thanked Administration for the update.
The work session adjourned at 7:12 p.m.
Notes prepared by:
_______________________________
Sandra Modigh, CMC
City Clerk
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KENAI CITY COUNCIL – REGULAR MEETING
DECEMBER 7, 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 December 7, 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 Tim Navarre (telephonic)
Jim Glendening Glenese Pettey
Mike Boyle (absent)
A quorum was present.
Also in attendance were:
**Mackenzie Lindeman, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy City Clerk
3. Election of Vice Mayor
MOTION:
Council Member Glendening MOVED to nominate Tim Navarre as Vice Mayor. Council Member
Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE: There being no objection; SO ORDERED.
4. Agenda Approval
Mayor Gabriel noted the following revisions to the agenda and packet:
Remove Item B. 2 Scheduled Public Comment
• Bob McIntosh
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City of Kenai Council Meeting Page 2 of 13
December 7, 2016
Add to Item D. 4. Resolution No. 2016-49
• Amendment Memorandum
Add Item G. 21 New Business
• Action/Approval – Appoint Terry Eubank as the Interim City
Manager from January 1, 2017 to January 8, 2017.
MOTION:
Council Member Navarre MOVED to approve the agenda with requested revisions to the agenda
and packet and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the
motion.
VOTE: There being no objections, SO ORDERED.
5. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Molloy 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. Joy Merriner – BDO
Joy Merriner, auditor with BDO noted the audit of the City’s finances went extremely well and the
City was issued a clean--unmodified opinion which was the best possible. She noted there were
new investment disclosures required of the City, and that there was nothing to report with internal
controls which was a testament to the City’s policies and its staff.
It was further noted that the net pension obligation had increased due to state regulations
changing and they wouldn’t change again unless the state changes regulations going forward
pointing out that in two years the City would also be required to add medical benefits to the
pension liabilities.
2. Bob McIntosh – Lawton Acres
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City of Kenai Council Meeting Page 3 of 13
December 7, 2016
[Clerk’s Note: This item was removed from the agenda during Approval of the Agenda.]
C. UNSCHEDULED PUBLIC COMMENTS – None.
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.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2926-2016 and the motion was
SECONDED by Council Member Knackstedt.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
Hilcorp Energy Company was thanked for their generous donation for the Kenai Senior Center
Thanksgiving Dinner.
VOTE:
YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy
NAY:
**Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
2. Resolution No. 2016-46 – Establishing the 2017 Dates for Regular Meetings of
the City Council.
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2016-46 and the motion was
SECONDED by Council Member Glendening.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
VOTE:
YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey
NAY: Molloy
**Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
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
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the Property in the Bluff Erosion Restoration Project and Determining that the
Public Interest will not be Served by an Appraisal.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2016-48 and the motion was
SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
VOTE: There being no objections, SO ORDERED.
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.
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2016-49 and the motion was
SECONDED by Council Member Glendening.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend the resolution by amending the preamble to read,
“a Resolution of the Council of the City of Kenai, Alaska, supporting the vacation of the full width
of the 83-foot section line easement 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 both the City limits of Kenai and outside the
City limits within the Kenai Peninsula Borough,” amending the fourth whereas clause to read,
“Whereas, the Council of the City of Kenai previously, unanimously approved through Ordinance
2771-2014, a State Grant for one million nine hundred thousand dollars ($1,900,000) for the
purpose of designing and constructing a new roadway to provide equal or better access to the
South Beach and related improvements; and,” amending the ninth whereas clause to read,
“Whereas, each year the City has applied to the State of Alaska, Department of Natural Resources
to temporarily close the Section Line Easement located in common with Section 7 and Section
18, T5N, R11W, Seward Meridian, and further located on Old Cannery Road between Royal
Street and the mean High-Water of Cook Inlet within the City limits of Kenai and outside the City
Limits within the Kenai Peninsula Borough,” adding a tenth whereas clause to read, “Whereas,
the full width of the 83-foot Section Line Easement located in common with Section 7 and Section
18, T5N, R11W, Seward Meridian, is no longer needed because a new City of Kenai right-of-way
and extension of Royal Street was constructed to provide equal or better access to South Beach
and the waters of Cook Inlet,” and replace the resolved statement to read, “now, therefore, be it
resolved by the Council of the City of Kenai, Alaska, that the Council supports the vacation of the
full width of the 83-Foot Section Line Easement 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-Waters of Cook Inlet within both the City Limits of Kenai and outside the City Limits
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within the Kenai Peninsula Borough,” and the motion was SECONDED by Council Member
Molloy. UNANIMOUS CONSENT was requested.
Administration noted the amendments clarified that the properties described were inside and
outside city limits and provided more justification due to closure requests. It was clarified the next
step in the process was to prepare and submit a packet requesting vacation from the State of
Alaska, Department of Natural Resources
VOTE ON THE AMENDMENT: There being no objections; SO ORDERED.
MOTION TO AMEND:
Council Member Knackstedt MOVED to strike three instances of 83-foot on section line easement
widths and insert 66-foot and the motion was SECONDED by Council Member Molloy.
UNANIMOUS CONSENT was requested.
It was clarified that when drafting the legislation, it was assumed that the easements totaled
eighty-three feet but after researching it was found that the easements totaled sixty-six feet.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERED.
VOTE ON THE MAIN MOTION:
YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy
NAY:
**Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
E. MINUTES
1.*Regular Meeting of November 2, 2016
Meeting minutes approved by the consent agenda.
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000.
Approved by the consent agenda.
3. *Ordinance No. 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.
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Introduced by the consent agenda and public hearing set for January 4, 2017.
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.
Introduced by the consent agenda and public hearing set for January 4, 2017.
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.
Introduced by the consent agenda and public hearing set for January 4, 2017.
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.
Introduced by the consent agenda and public hearing set for January 4, 2017.
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.
Introduced by the consent agenda and public hearing set for January 4, 2017.
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.
Introduced by the consent agenda and public hearing set for January 4, 2017.
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.
Introduced by the consent agenda and public hearing set for January 4, 2017.
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).
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MOTION:
Council Member Molloy MOVED to approve the 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), and requested
UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt.
VOTE: There being no objection; SO ORDERED.
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).
MOTION:
Council Member Knackstedt MOVED to approve the 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), and requested UNANIMOUS CONSENT.
The motion was SECONDED by Council Member Glendening.
VOTE: There being no objection; SO ORDERED.
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).
MOTION:
Council Member Knackstedt MOVED to approve the 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), and
requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member
Glendening.
VOTE: There being no objection; SO ORDERED.
13. Action/Approval – Mayoral Appointment and Council Confirmation of Council
Liaisons to Committees and Commission.
MOTION:
Council Member Molloy MOVED to confirm Mayoral appointments of Council Liaisons to
Committees and Commissions as listed in the memorandum in the packet and requested
UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt.
VOTE: There being no objection; SO ORDERED.
14. Action/Approval – Council Confirmation of the Mayor’s Nomination to Appoint Gary
Greenberg to the Planning and Zoning Commission.
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MOTION:
Council Member Molloy MOVED to confirm the Mayor’s nomination of Gary Greenberg to the
Planning and Zoning Commission and requested UNANIMOUS CONSENT. The motion was
SECONDED by Council Member Knackstedt.
VOTE: There being no objection; SO ORDERED.
15. Action/Approval – Mayoral Nomination and Council Confirmation to Appoint
Applicants to the Planning and Zoning Commission Vacancies.
The Mayor noted his intent to nominate Joe Halstead for reappointment and Victoria Askin for
appointment to the Planning and Zoning Commission vacancies.
MOTION:
Council Member Knackstedt MOVED to confirm the Mayor’s nomination to reappoint Joe
Halstead and appoint Victoria Askin to the Planning and Zoning Commission vacancies and the
motion was SECONDED by Council Member Glendening.
VOTE:
YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy
NAY:
**Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
16. Action/Approval – Mayoral Nomination and Council Confirmation to Appoint or
Reappoint Applicants to Committee/Commission Vacancies.
MOTION:
Council Member Molloy MOVED to confirm the Mayoral nomination of Charles Henry for
reappointment to the Airport Commission, Bob Peters for reappointment to the Airport
Commission, Noel Widmayer for reappointment to the Parks and Recreation Commission, and
Jacquelyn Hudson for appointment to the Parks and Recreation Commission and requested
UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening.
VOTE: There being no objection; SO ORDERED.
17. Action/Approval – Providing Direction to the City Manager Regarding Property
Acquisition in Support of the Bluff Erosion Project.
It was clarified that a title report would need to be generated for twenty-five parcels as well as
purchase agreements. It was noted that there were a few situations that would require subdividing
to preserve economical remnants of property.
18. Action/Approval – Council Approval of a $500 Donation to Wreaths Across America
Recognizing United States Veterans.
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MOTION:
Council Member Knackstedt MOVED to approve a $500 donation to Wreaths Across America
and Recognize United States Veterans and the motion was SECONDED by Council Member
Glendening. UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
19. Action/Approval – Scheduling a Council Work Session to Discuss FY17 Financial
Performance.
Administration noted negative impacts to future budget creation such as reduced sales tax
revenue, reduced revenue sharing.
It was decided a work session would be held December 13 at 6:00 p.m., tentatively, contingent
on availability of advertising in the newspaper.
20. Discussion – Kenai Peninsula Borough Action on City of Kenai Comprehensive Plan.
Administration explained the Kenai Peninsula Borough Planning and Zoning Commission
approved the City of Kenai Comprehensive Plan unanimously, with a few textual changes; noted
the Kenai Peninsula Borough was set to vote on approval on January 3, 2017.
Gratitude was expressed to those that were involved in creation of the Comprehensive Plan; staff
was commended for its presentation to the Kenai Peninsula Borough Planning and Zoning
Commission.
21. Action/Approval – Appoint Terry Eubank as the Interim City Manager from January
1, 2017 to January 8, 2017.
MOTION:
Council Member Molloy MOVED to appoint Terry Eubank as the Interim City Manager from
January 1, 2017 to January 8, 2017 and requested UNANIMOUS CONSENT. The motion was
SECONDED by Council Member Glendening.
VOTE: There being no objection; SO ORDERED.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – No report; next meeting December 8.
2. Airport Commission – It was reported that at their November 10 meeting an update
was provided that administration was waiting on comments on the Master Plan; an
approach pattern had been developed for helicopters to follow, keeping them away
from residential areas where possible; goals and objectives for FY18 budget would be
further fleshed out, and approval of a Special Use Permit for Hilcorp.
3. Harbor Commission – No report; next meeting January 9.
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4. Parks and Recreation Commission – It was reported that at their November 3 meeting,
the removal of dangerous playground equipment, raising cemetery fees, and goals
and objectives for the FY18 budget were topics discussed; next meeting January 5.
5. Planning and Zoning Commission – It was reported that at their November 9 meeting,
the Commission approved a plat and approved a variance for a sign along the Kenai
Spur Highway for placement and minor relocation of a refurbished existing sign; next
meeting December 14.
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:
• Attended a Project Homeless Connect forum;
• Coffee with the Mayor was well attended;
• Attended the Boys and Girls Club fundraiser noting a great turnout;
• Attended the Alaska Municipal League Conference and noted
concern regarding the financial condition of state and congratulated
Council Member Navarre on receiving the Vic Fischer award for
Municipal Public Service;
• Attended Thanksgiving Dinner at the Senior Center;
• Attended the Christmas Comes to Kenai event;
• Noted the passing of Gary Superman who served on the Kenai
Peninsula Borough Assembly and offered his condolences to the
family;
• Welcomed new members to the Boards and Commissions;
• Thanked the Finance Director for the clean audit;
• Wished all a Merry Christmas and a Happy New Year.
J. ADMINISTRATION REPORTS
1. City Manager – R. Koch reported on the following:
• Congratulated Council Member Navarre on receiving the Vic
Fischer award for Municipal Public Service;
• Working on re-appropriation of funding for the Bluff Erosion Project;
• Corps of Engineers to do a site visit for the Bluff Erosion Project as
design had been de-scoped;
• Met with Hilcorp regarding their interest in leasing airport property;
• Attended the municipal managers meetings at Alaska Municipal
League where fiscal issues, Public Employee Retirement System,
and Revenue Sharing were topics discussed;
• Wished all a Merry Christmas and Happy Holidays;
• Noted the Hockey Alumni game between Soldotna High School and
Kenai Central High School scheduled for December 23 and was a
fundraiser for Kenai Central High School hockey.
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Also reported that administration had recently received comments from the consultants regarding
the Airport Master Plan and had responded; noted the next stage was a meeting with the financial
sub-consultant to incorporate the financial plan into the report and then give the plan back to the
consultant.
It was noted this was Koch’s last official meeting; he was thanked for his service.
2. City Attorney – no report.
3. City Clerk – S. Modigh noted upcoming meetings.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Marian Nelson spoke in favor of Ordinance 2933-2016, the Kenai Fine Arts Center lease noting
the intent was to seek grants to open up the back section of the building to make a more useful
space and other general upgrades.
2. Council Comments
Student Representative Lindeman reported there was an upcoming wrestling regional
tournament, a new cheer team with new coaches, and a spaghetti feed and auction for Students
in Transition.
Council Member Molloy thanked Ms. Merriner for her presentation on the audit thanked the
Finance Director for a clean audit; congratulated Councilor Navarre on receipt of the Vic Fischer
award and election to Vice Mayor; thanked Rick Koch for more than ten years of service to the
City of Kenai and wished him well in future endeavors; thanked Paul Ostrander for attending the
meeting and congratulated him on appointment to the City Manager position; attended the
attorney’s association seminar at Alaska Municipal League.
Councilor Knackstedt congratulated the Mayor on his first meeting; echoed previous comments
of congratulations and gratitude for Council Member Navarre and Rick Koch; thanked Council
Member Glendening for attending the Planning and Zoning Commission meeting in his absence;
attended Coffee with the Mayor where he enjoyed supporting the Mayor; helped serve
Thanksgiving Dinner at the Senior Center; Noted it was Pearl Harbor Remembrance Day –
recounted a story from a former pilot he met.
Council Member Navarre thanked the Council for electing him Vice Mayor and those that
nominated him for the Vic Fischer award, noting his parents had served with Vic Fischer in writing
the State of Alaska’s Constitution; echoed previous gratitude to Rick Koch for service to the City;
suggested a moment be taken to remember Pearl Harbor and honor the veterans.
Council Member Glendening echoed previous comments regarding Rick Koch; noted he attended
Newly Elected Official training at Alaska Municipal League and found the mock meeting
interesting; pointed out that the City was well run and well instructed.
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Council Member Pettey thanked the City for the opportunity to go to Newly Elected Official training
at Alaska Municipal League; thanked Rick Koch for his service to the City wishing him well in
future endeavors.
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.]
[Clerk’s Note: This item was not taken up by the Council.]
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.]
MOTION:
Council Member Molloy MOVED to convene in executive session to discuss an offer to purchase
a portion of property located at 10095 Kenai Spur Highway, Kenai, AK 99611, KPB parcel No.
04501003, 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, Paul Ostrander, City
Attorney, and City Clerk as needed and the motion was SECONDED by Council Member
Knackstedt.
VOTE:
YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy
NAY:
**Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
Council reconvened in regular session and it was noted that Administration had been given
direction; instructed the Clerk to add an item to the 1/4/17 agenda for scheduling a work session
to discuss the property.
M. PENDING ITEMS – None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:51 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of December
7, 2016.
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December 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.
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Page 146 of 182
MEMO:
TO: Mayor Gabriel and City Council Members
FROM: Sandra Modigh, City Clerk
DATE: December 30, 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:
Harbor Commission: Jeanette Desimone
Council on Aging: Roy D. Williams
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
[Type text]
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Page 148 of 182
From:Phil Morin
To:Jamie Heinz; Phillip Morin
Cc:Sean Wedemeyer
Subject:Re: Harbor Commission Term Expiration
Date:Thursday, December 01, 2016 2:19:51 PM
Attachments:ATT00001.png
To All Concerned:
My apologies, I have been preoccupied with personal situations that have me needing to offer
my resignation.
I regret giving such short notice, I was hoping things would resolve in a more favorable
fashion.
I hope to be able to serve again in the future, but at this time I can not
best regards
Phil Morin
On 12/1/2016 10:54 AM, Jamie Heinz wrote:
Hi Phil,
In early November I mailed you a letter notifying you that your term on
the Harbor Commission is expiring and instructions for submitting an
application if you’d like reappointment.
Today is the deadline for submitting your application for reappointment in
order for us to include it in the packet.
I’ve provided a copy of the letter sent, and below is a link to the online
application if you need.
http://www.kenai.city/sites/default/files/forms/Commission_Application.pdf
Thank you,
Jamie Heinz, CMC
Deputy Clerk
City of Kenai
City Clerk’s Office
210 Fidalgo Ave.
Kenai, AK 99611
Phone: (907) 283-8231
Fax: (907) 283-5068
Email: jheinz@kenai.city
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December 13, 2016
Jamie Heinz, CMC
Deputy Clerk, City of Kenai
Kenai AK 99611
Re: Resignation of Harbor Commission
Dear Ms. Heinz,
With the appointment recently to the Planning and Zoning Commission, I hereby tender my resignation,
effective December 31, 2016, on the Harbor Commission.
I have thoroughly enjoyed the membership and serving on the Harbor Commission. Thank you for the
opportunity.
Respectfully,
Victoria Askin
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
DECEMBER 14, 2016 - 7:00 P.M.
PRESIDENT PRO TEMPORE PETERSON, PRESIDING
MINUTES
1. CALL TO ORDER:
Commissioner Peterson called the meeting to order at 7:02 p.m.
a. Pledge of Allegiance
Commissioner Peterson led those assembled in the Pledge of Allegiance.
Deputy Clerk J. Heinz administered the Oaths of Office to Commissioners Greenberg, Askin, and
Halstead.
b. Roll Call
Commissioners present: R. Springer, K. Peterson, J. Halstead, G. Greenberg, V. Askin
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, and Council
Liaisons J. Glendening and H. Knackstedt
A quorum was present.
MOTION:
Commissioner Springer MOVED to appoint Commissioner Peterson as President Pro Tempore
for the meeting and Commissioner Halstead SECONDED the motion. There were no objections;
SO ORDERED.
c. Agenda Approval
MOTION:
Commissioner Springer MOVED to approve the agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Springer MOVED to approve the consent agenda; Commissioner Askin
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
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Planning and Zoning Commission Meeting
December 14, 2016
Page 2
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 – Commission Chair Twait, Vice Chair Fikes.
2. *APPROVAL OF MINUTES: November 9, 2016
Minutes were approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. PZ16-41 – Vacation of Utility Easements – 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 utility easements, and recommended approval with following recommendations:
• Further development of the property shall conform to all Federal, State, and local
regulations
• The City Council for the City of Kenai must approve the vacation of the utility
easements, pursuant to Kenai Municipal Code 22.05.110.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-41 and Commissioner Halstead
SECONDED the motion.
President Pro Tempore Peterson opened the public hearing; there being no one wishing to testify,
the public hearing was closed.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. PZ16-38 – Application for Conditional Use Permit to construct a greenhouse
located on the property known as 513 Overland Dr.; and further described as Lot
5, Block 5, Original Townsite of Kenai, excluding the Southwesterly 20 feet of the
Southeasterly 20 feet. Application submitted by Kenaitze Indian Tribe, P.O. Box
988, Kenai, AK 99611.
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City Planner Kelley reviewed his staff report, which indicated staff found the proposal satisfied the
review criteria and recommended approval with the following conditions:
• Applicant must comply with all Federal, State, and local regulations.
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
• If there is a change of use for the described property, a new Conditional Use Permit
must be obtained pursuant to KMC 14.20.150(i)(5).
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ16-38 and Commissioner Springer
SECONDED the motion.
President Pro Tempore Peterson opened the public hearing.
Rusty Swan, director of housing, noted the tribe’s intent to break ground in the spring, that
diabetes and other health related concerns were intended to be the core purpose for the
greenhouse but depending on production could be used for classrooms or food banks.
There being no one else wishing to testify, the public hearing was closed.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
Peterson noted the 15-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Conduct a Completeness Review of PZ16-39; a Request for an After the Fact
Amendment of PZ05-35 (PZ03-32), a Conditional Use Permit for the Extraction of
Natural Resources below the water table and the operation of a Sand and Gravel
Pit for the property located at 2369 Beaver Loop Road; further described as Tract
A1, Beaver Loop Acres Addition No. 1. Application submitted by Mary Doyle, 2243
Beaver Loop Road., Kenai, AK 99611 AND Consider Scheduling the Application
for a Public Hearing on January 11, 2017 before the Planning and Zoning
Commission.
Staff reviewed the memorandum which was included in the packet, noting the Conditional Use
Permit was transferred in its entirety to the Doyles in 1985, amended in 2003 to allow a storage
yard, and amended again in 2005 to address the water table. It was pointed out that excavation
had taken place in “area two” that fell within the required buffer to within ten feet of the property
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line, the applicant made it known to the City, health issues were a factor, and the erroneous
excavation was not believed to be malicious. It was also pointed out that the intent was to sell
the gravel pit. Staff recommended the Commission find both applications complete and schedule
both Public Hearings for January 11, 2017.
MOTION:
Commissioner Springer MOVED to determine application associated with PZ16-39 as complete
and set a public hearing for January 11, 2017 and Commissioner Askin SECONDED the motion.
It was noted that the amendment to the Conditional Use Permit that was considered in 2005 was
appealed to the Board of Adjustment and the decision was included in the packet.
President Pro Tempore Peterson opened the floor for public comment.
Don Moffits noted excavation had taken place into water table but not through the gravel layer; it
wasn’t feasible to get into the silt layer.
There being no one else wishing to be heard, public comment was closed.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
b. Conduct a Completeness Review of PZ16-40; an Application for an After the Fact
Variance to Setbacks for the Extraction of Natural Resources below the water table
within 10 (ten) feet of the Rear Property Line, where 150 (one hundred and fifty)
feet is required Permit for the property located at 2369 Beaver Loop Road; and
further described as Tract A1, Beaver Loop Acres Addition No. 1. Application
submitted by Mary Doyle, 2243 Beaver Loop Road., Kenai, AK 99611 AND
Consider Scheduling the Application for a Public Hearing on January 11, 2017
before the Planning and Zoning Commission.
It was noted work had been accomplished cleaning up the slope; the variance would reduce a
one hundred fifty buffer to ten feet.
MOTION:
Commissioner Springer MOVED to determine application associated with PZ16-40 as complete
and set a public hearing for January 11, 2017 and Commissioner Halstead SECONDED the
motion.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
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Page 5
MOTION PASSED UNANIMOUSLY.
c. Resolution No. PZ16-42 A Resolution of the Planning and Zoning Commission of
the City of Kenai, recommending an Ordinance to the Council of the City of Kenai,
consenting to an Amendment to Extend the Terms 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.
Staff noted the art guild was seeking grants for building renovations and the grants required a
longer lease; the lease extension required Planning and Zoning Commission review; lease was
not a traditional lease and a portion of the code needed to be waived due to the condition of the
building.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-42 and Commissioner Askin
SECONDED the motion.
It was noted that the roof had been repaired recently but the building was not understood to have
any other major maintenance issues. It was also noted the issues between the potters and the
art guild had been resolved.
VOTE:
YEA: Peterson, Springer, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Glendening reviewed the action agenda from the
December 7 Council Meeting which was provided in the packet and added that he
attended Alaska Municipal League noting the takeaway that stating findings were
important in quasi judicial situations and questioning shows the body is engaged in the
matter. Also reported that he attended work sessions on December 1 regarding the dipnet
fishery, December 8 regarding leases within the airport reserve, and December 13
regarding the FY17 budget.
b. Borough Planning – Council Member Glendening reported on actions from the November
28 and December 12 meetings, noting the following:
• approval of ten plats;
• approval of a vacation of a utility easement;
• approval of a vacation of a public trail in Homer;
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• two public hearings for a marijuana facilities in the Ridgeway area and Kasilof;
• heard the presentation of the City of Kenai Comprehensive Plan;
• made an exception to a flood plain management decision.
c. Administration – City Planner M. Kelley noted the Borough Planning and Zoning
Commission recommended approval of the City of Kenai Comprehensive Plan to the
Kenai Peninsula Borough with minor textual changes. Adoption scheduled for January 3.
Also pointed out the next meeting was scheduled for December 28 and recommended
canceling the meeting due to holidays.
It was decided to cancel the December 28 meeting.
11. PERSONS PRESENT NOT SCHEDULED:
Henry Knackstedt congratulated Commissioners Halstead, Greenberg, and Aksin on their
appointment to the Commission and noted the job well done on a difficult meeting with the
absence of the Chair and Vice Chair.
Jim Glendening also welcomed the new Commissioners and encouraged recruitment of
commissioners for other commissions.
12. INFORMATIONAL ITEMS:
a. 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 & 4, Amended U.S. Survey 4563 located at 672 Bridge Access Road from
Salamatof Fisheries, LLC. (Assignor) to RABUF, LLC (Assignee).
b. Consent to Assignment of Lease of General Fund Lands for Property Described as
Tract C, Kenai Tidelands Survey No. 2 from Pacific Star Seafoods, Inc., (Assignor)
to RABUF, LLC (Assignee).
c. 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).
.
13. NEXT MEETING ATTENDANCE NOTIFICATION: December 28, 2016 – cancelled.
14. COMMISSION COMMENTS & QUESTIONS: None.
Commissioner Peterson welcomed Commissioners Askin and Greenberg to the Commission;
welcomed Commissioner Halstead back.
Commissioner Springer echoed Commissioner Peterson’s comments.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:30 p.m.
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Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
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