HomeMy WebLinkAbout2017-02-15 Council Packet
KENAI CITY COUNCIL – REGULAR MEETING
FEBRUARY 15, 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. Presentation of a Proclamation Declaring February 28, 2017 Rare Disease
Day
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 2939-2017 – Decreasing Estimated Revenues and
Appropriations by $35,000.00 in the Parks Improvement Capital Project Fund
and by $20,000.00 in the Kenai Recreation Center Improvements Capital
Project Fund for Postponed Capital Projects and Authorizing Budget Transfers
in the Parks Improvement Capital Project Fund, the Cemetery Improvements
Capital Project Fund, the Comprehensive Plan Capital Project Fund, the City
Hall Improvements Capital Project Fund and the Trail Construction Capital
Project Fund for the Transfer of Remaining Balances from Completed or
Postponed Capital Projects to the General Fund. .................................Pg. 5
2. Ordinance No. 2940-2017 – Accepting and Appropriating Additional Funds
from the Federal Aviation Administration for the Small Taxiways and Aircraft
Tie-Down Rehabilitation 2015-2016 Project. .........................................Pg. 13
3. Resolution No. 2017-07 – Adopting an Alternative Allocation Method for the
FY17 Shared Fisheries Business Tax Program and Certifying that this
Allocation Method Fairly Represents the Distribution of Significant Effects of
Fisheries Business Activity in FMA 14: Cook Inlet.................................Pg. 17
4. Resolution No. 2017-08 – Requesting an Amendment to the Alaska Board of
Fisheries Proposal Number 201 which Proposes to Amend the Area Open to
Dipnetting from Shore in the Kenai River Personal Use Dip Net Fishery, by
Moving the Proposed Upstream Boundary. ..........................................Pg. 21
5. Resolution No. 2017-09 – Opposing Alaska Board of Fisheries Proposal
Number 203 Extending the Season and Liberalizing the Bag Limit in the Kenai
River Personal Use Fishery when the Sonar Estimate is Projected to Exceed
1.2 Million Sockeye. ..............................................................................Pg. 25
6. Resolution No. 2017-10 – Strongly Opposing Alaska Board of Fisheries
Proposal Number 204 Extending the Boundary of the Kenai River Personal
Use Dip Net Boat Fishery Upstream to Cunningham Park. ...................Pg. 27
7. Resolution No. 2017-11 – Awarding an Agreement for Construction of
Reservoir #1 Interior Coatings and Repairs. .........................................Pg. 29
E. MINUTES
1.*Regular Meeting of February 1, 2017
2. *Work Session Summary of January 24, 2017 .......................................Pg. 31
F. UNFINISHED BUSINESS
1. Resolution No. 2017-03 – Establishing a Sub-Committee of Council for the
Purpose of Improving Efficiency in the Supervision of the City Attorney, City
Clerk and City Manager and Approving Council Policy 2017-02 Establishing
Procedures and Responsibilities of the Sub-Committee. [Clerk’s Note: This
resolution was postponed from the January 18 and the February 1 meeting to
the February 15 meeting; a motion to enact is on the floor.] ..................Pg. 35
2. 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.
[Clerk’s Note: This ordinance was postponed from the January 4 meeting and
again from the January 18 to the February 15 meeting; a motion to enact is on
the floor.] ..............................................................................................Pg. 43
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ...............................................Pg. 57
2. *Action/Approval – Purchase Orders Exceeding $15,000. ..................Pg. 59
3. *Action/Approval – Non-Objection of the Liquor License Renewals for the
Following: .............................................................................................Pg. 65
• Pizza Paradisos
Kenai City Council Meeting Page 2 of 4
February 15, 2017
• Three Bears
• Don Jose’s Mexican Restaurant
• Kenai Joe’s
• The Bow
4. *Ordinance No. 2941-2017 – Increasing Appropriations in the General Land
Sales Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts
to the City’s General Fund. ...................................................................Pg. 81
5. Action/Approval – Consent to Assignment of Lease for Security Purposes 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 RABUF, LLC
(Assignor) to Washington Federal (Assignee). ......................................Pg. 85
6. Action/Approval – Consent to Assignment of Lease for Security Purposes of
General Fund Lands for Property Described as Tract C, Kenai Tidelands
Survey No. 2 from RABUF, LLC (Assignor) to Washington Federal (Assignee).
.............................................................................................................Pg. 95
7. Action/Approval – Schedule a Work Session to Learn how to Use Electronic
Devices and Navigate Software ......................................................... Pg. 103
8. Action/Approval – Schedule a Work Session to Review and Discuss the Draft
Fund Balance Policy on Thursday, February 23. ............................... Pg. 105
9. Action/Approval – Reduce the Harbor Commission’s Meetings from Monthly
to Quarterly as Recommended by the Harbor Commission. .............. Pg. 105
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission ........................................................................... Pg. 115
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission ..................................................... Pg. 119
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager ..................................................................................... Pg. 127
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
Kenai City Council Meeting Page 3 of 4
February 15, 2017
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
1. Discussion of an Offer to Purchase Property Located at 2270 Royal Street,
Kenai, AK, Tract A Dragseth Subdivision 2016 Addition (Dragseth House),
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. .. Pg. 143
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
February 15, 2017
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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 P. Ostrander, City Clerk S. Modigh, City Attorney Bloom
Mayor Gabriel began the work session at approximately 6:00 p.m. advising the work session
was called to discuss offers to purchase a portion of property and other options for property
located at 10095 Kenai Spur Highway, Kenai, KPB Parcel No. 04501003. Mayor Gabriel
requested that an additional public comment be added to the end of the agenda.
City Attorney Bloom provided a brief summary of the zoning and development history of “Lawton
Acres”, a 16.49 acre parcel fronting the Spur Highway and Lawton Drive.
Council Member Navarre inquired whether we could retain the property as City property as it’s
Airport Land. It was noted that there was a clause in the deed acknowledging that the federal
government may take the land under certain circumstances, for example if the City does
something to devalue the property for the Airport. As long as it remains for sale or the City uses
it for improvements, the clause would not be triggered. City Attorney Bloom advised the property
was last appraised when the City appraised all its land and that a new appraisal would be
necessary for the rezone or the sale of said property.
It was noted that the Airport Master Plan was requesting guidance on this property.
City Manager Ostrander advised that negotiated sales on City property were bad public policy
unless there would be a large benefit to the City. Ostrander further advised that he would like to
see, if the City was selling land, it be open to a public process. Ostrander recommended the
City complete an analysis of all City land and decide which land was needed to keep for a public
purpose and which could be surplused or sold, identify demand and a competitive public
process for future sales.
Bloom advised that if the City were to subdivide and rezone, the City would run the risk of spot
rezoning which would need to be done through the rezone of the Comprehensive Plan as the
Plan currently has it zoned as conservation.
Councilor Mollo y noted that there has been a large amount of public comment in the past to
keep the parcel as a buffer and/or a green space and noted his curiosity as to what would
trigger the clause in the deed to revert the property.
Bloom advised that a residential zone did not require a site plan, but was required to meet
setbacks.
Mayor Gabriel opened public comment:
Page 31 of 143
Dr. Sorhus advised that he was seeking to purchase four acres of the parcel to build a dental
office; advised he was not looking for your typical commercial facility, but more of a cottage in
the woods environment. Sorhus was willing to move the entrance road to Rodgers Road versus
Lawton, if the residents would prefer. Sorhus expressed his desire to create a nice development
for the City and noted that it was not his intent to create a contentious situation within the
community. Sorhus further advised that anti commercial stance and opposition to flashy or
illuminated signage.
Dale Daniels spoke in opposition on behalf of several residents that were in attendance,
however, read a letter in opposition, provided as part of the record, in his own words.
Roy Wells expressed his discontent of this topic continuing to come up and wanted to see
compromise. Wells preferred to have Dr. Sohrus’s facility over other interested parties and
reminded Council that all the residents wanted to ensure was some type of buffering.
Glenda Feekan requested that this offer be considered carefully and reminded that the Airport is
self-funding and thought this offer was a good compromise.
Mike Beck advised that his letter provided in the record was not meant to be snarky and noted
that emotions get high and that the residents needed a resolution; wished Dr. Sorhus the best.
Mayor Gabriel closed public comment.
Councilor Pettey reminded all that a private citizen could purchase and donate this property to
the City to save the land.
Council Member Glendening noted this is a valuable property in many ways and would like to
see what type of compromise could be made.
Council Member Navarre advised that he had heard new information at this meeting liked the
City Managers comments, thought it would provide a known development and impact which
could meet the need for a negotiated sell. Navarre further spoke in favor or moving forward and
noted that this offer represents minimal development.
Councilor Molloy thanked all in attendance and spoke in favor of the City Managers
recommendation of a proposed analysis of City owned property. Molloy noted that he was open
to other options like looking into the General Fund or by having the community step in and
purchase the property; spoke in favor of a vote of the residents.
Councilor Knackstedt stated that something eventually would happen to that area in the future
and didn’t think the residents would be able to afford the parcel nor did he believe the residents
vote for the City to spend General Funds for the parcel; spoke in favor of this proposal and then
to move forward with the City Managers recommendation; thought this was a good compromise.
Councilor Pettey noted that there were many variables and moving parts with high emotions
related to this property sale; consideration of the Council, being stewards financially of the City,
needs to continue to focus on revenues; spoke in favor of the City Managers recommendation
as well as the opportunity the offer is providing.
Page 32 of 143
Councilor Boyle noted that he appreciated the proposal, but would need something more
significant for him to consider this proposal; spoke in opposition of selling City property; stated
we should be looking at quality of life for residents.
Dr. Sorhus advised that this was not time sensitive and that there wouldn’t be any sub rentals or
other businesses in his facility.
Mayor Gabriel noted that he appreciated Ostrander’s recommendation and spoke in favor of the
proposal to satisfy the neighborhoods apprehension and a good compromise. Bloom advised
that there could be conditions placed the sale or initial lease to meet specific requirements;
recommended this be placed on the agenda as a discussion item to allow Council to digest all of
the information that was provided at the work session.
City Attorney Bloom advised that he and City Manager Ostrander would provide additional
information and options for Council to consider at an upcoming meeting.
Mayor Gabriel opened the floor for additional public comment:
Dr. Sorhus stated that there would not be a more suitable establishment proposed in that area;
didn’t mind if it remained conservation with a special use permit; offered to buy the lot and
subdivide to donate to the City to use as a buffer as a compromise; stated that it’s this lot or no
purchase of a lot as he’s happy where he is; noted that this was requested by clients to better
serve his clients
Dale Daniels noted that he was feeling better about the proposal and Dr. Sorhus’ ability to
compromise; noted his concerns related to the subdivision and rezoning; inquired as to how the
rest of the parcel would be preserved.
The residents expressed concern relating to advanced notification regarding upcoming action at
a Council meeting, whereby Council advised that they could request more notification.
Mr. Beck thanked Dr. Sorhus for his offers to accommodate the neighboring residents; further
spoke in opposition of the community not being interested paying out of the General Fund.
Diane Fikes requested fiscal responsibility to meet the needs of the Airport as well as the needs
for the buffer; spoke in favor of the offer and the amendments to meet the needs of the
community.
Ray Wells reiterated the need to move on and how the compromise is a stretch in the right
direction; appreciated the newer approach; wanted to see it remain as conservation with a
permit.
Council thanked all that attended and participated in the meeting and agreed that a laundry list
of new information was brought forward.
The work session adjourned at 8:50p p.m.
Notes prepared by:
_______________________________
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Sandra Modigh, CMC
City Clerk
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Parks and
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02/02/2017 - 7:00pm
Coᣴee with the
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02/04/2017 -
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Harbor Commission
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Planning & Zoning
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Council on Aging
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02/09/2017 - 4:30pm
Airport
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City Council
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President's Day
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March 2017
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Meeting
03/01/2017 - 6:00pm
Parks and
Recreation
Commission
Meeting
03/02/2017 - 7:00pm
Coﰘ�ee with the
Mayor
03/04/2017 -
9:00am to 10:30am
Harbor Commission
Meeting
03/06/2017 - 7:00pm
Planning & Zoning
Commission
Meeting
03/08/2017 - 7:00pm
Council on Aging
Meeting
03/09/2017 - 4:30pm
Airport
Commission
Meeting
03/09/2017 - 6:00pm
City Council
Meeting
03/15/2017 - 6:00pm
Planning & Zoning
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April 2017
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04/01/2017 -
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City Council
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04/05/2017 - 6:00pm
Parks and
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Commission
Meeting
04/06/2017 - 7:00pm
Harbor Commission
Meeting
04/10/2017 - 6:00pm
Beautiication
Committee
04/11/2017 - 7:00pm
Planning & Zoning
Commission
Meeting
04/12/2017 - 7:00pm
Council on Aging
Meeting
04/13/2017 - 4:30pm
Airport
Commission
Meeting
04/13/2017 - 6:00pm
City Council
Meeting
04/19/2017 - 6:00pm
Planning & Zoning
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KENAI AIRPORT COMMISSION
JANUARY 12, 2017 – 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
Chair 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 H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Minelga MOVED to approve the agenda with the addition of New Business item 7.
b. for approval of a Special Use Permit for the Challenger Learning Center and Commissioner
Bielefeld SECONDED the motion. There were no objections; SO ORDERED.
2. ELECTION OF CHAIR AND VICE CHAIR
MOTION:
Commissioner Bielefeld MOVED to maintain the Chair and Vice Chair status quo and
Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED.
3. PERSONS SCHEDULED TO BE HEARD – None.
4. UNSCHEDULED PUBLIC COMMENT – None.
5. APPROVAL OF MEETING SUMMARY
a. September 8, 2016
MOTION:
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Commissioner Minelga MOVED to approve the meeting summary from September 8, 2016 and
Commissioner Henry SECONDED the motion. There were no objections; SO ORDERED.
b. October 13, 2016
MOTION:
Commissioner Henry MOVED to approve the meeting summary from October 13, 2016 and
Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED.
c. November 10, 2016
MOTION:
Commissioner Henry MOVED to approve the meeting summary from November 10, 2016 and
Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED.
6. UNFINISHED BUSINESS
a. Discussion – Master Plan
Casey Madden with Wince-Corthell-Bryson reviewed the Master Plan process and timeline of the
three phases.
b. Discussion/Recommendation – Airport’s Goals & Objectives FY2017
A final review of the Goals and Objectives was conducted prior to their submission.
MOTION:
Commissioner Minelga MOVED to approve the Goals and Objectives and Zirul SECONDED the
motion. There were no objections; SO ORDERED.
7. NEW BUSINESS
a. Discussion/Recommendation – Special Use Permit to Evert’s Air
It was noted that the Special Use Permit was for equipment and container storage.
MOTION:
Commissioner Henry MOVED to approve the Special Use Permit to Evert’s Air and Feeken
SECONDED the motion. There were no objections; SO ORDERED.
b. Discussion/Recommendation – Special Use Permit to Challenger Learning Center
It was noted that the Special Use Permit was for a kiosk inside the airport terminal.
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MOTION:
Commissioner Zirul MOVED to approve the Special Use Permit to the Challenger Learning
Center and Commissioner Henry SECONDED the motion. There were no objections; SO
ORDERED.
8. REPORTS
a. Airport Manager – reported on the following:
• The FAA Inspector would be conducting an annual review soon;
• Crews were busy with snow and ice control;
• Preparing an invitation to bid for terminal advertising concessions;
• The airport manager and new city manager meeting with FAA.
b. City Council Liaison – reported on the actions at the January 3, 2017 meeting.
9. NEXT MEETING ATTENDANCE NOTIFICATION – February 9, 2017.
10. COMMISSIONER COMMENTS AND QUESTIONS – None.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATION ITEMS – None.
13. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:15 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JANUARY 25, 2017- 7:00 P.M.
COMMISSION 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
Commission Chair Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, D. Fikes, J. Twait, K. Peterson, J. Halstead, G.
Greenberg, V. Askin
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
Chariman Twait noted the following revisions to the agenda and packet:
Add to Item 6. a. & 6. b. Resolution Nos. PZ16-39 & PZ16-40
• Amendment Memorandum
• Correspondence from Property Owner
Add to Item 8. a. Resolution No. PZ16-44
• Revised Map
Move item 6. c. to be considered before item 6. a.
MOTION:
Commissioner Askin MOVED to approve the agenda with the revisions to the agenda and packet
and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda; Commissioner Springer
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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: January 11, 2017
Minutes were approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
c. PZ16-43 - Application for a Conditional Use Permit for a dog daycare which
provides grooming, training and overnight care for the property known as G. L.
19, 20, & 21, Sec. 6, T5N, R11W, (11888 Kenai Spur Hwy., Unit 1) Kenai,
Alaska. Application submitted by Lizz Giver, d/b/a Woof Pack Grooming &
Daycare, P.O. Box 3218, Soldotna, AK 99669.
[Clerk’s Note: This item was moved to be considered first at approval of the agenda.]
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.
• Prior to operation, the applicant must obtain a commercial kennel license from Animal
Control pursuant to Kenai Municipal Code section 3.05.10(7)(a).
• Prior to any construction, the applicant must obtain a Building Permit for any work
requiring a Building Permit.
• Dog Day Care business hours shall be from 8:00 a.m. to 7:00 p.m., Monday through
Saturday.
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code section 14.20.150(f).
• If there is a change of use for the above described property, a new Conditional Use
Permit must be obtained pursuant to Kenai Municipal Code section 14.20.150(i)(5).
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-43 and Commissioner Askin
SECONDED the motion.
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Commission Chair Twait opened the public hearing
Applicant Lizz Giver clarified that commercial chain link fencing with privacy slats would be utilized
and noted that, though the premises wouldn’t be staffed overnight surveillance cameras would be
in place and the animals viewable through the ‘Petcube’ phone application.
Animal Control noted that once the public comment period closed, they would be able to view the
premises and issue their decision; had approximately seventeen days to accomplish their tasks.
There being no one else wishing to speak, public hearing was closed.
VOTE:
YEA: Springer, Fikes, Halstead, Twait, Peterson, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen-day appeal period.
a. PZ16-39 – Application 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 James Doyle on behalf of Mary Doyle, 2243 Beaver
Loop Road., Kenai, AK 99611. [Clerk’s Note: This item was continued from the
January 11, 2017 meeting.]
It was noted the staff report had been given at the January 11 meeting; requested whereas be
added to the resolutions; available to answer questions.
It was noted that the public hearing was properly noticed for this meeting.
Commission Chair Twait opened the public hearing.
Don Moffits added that the adjacent property the City owned wasn’t worth anything, thus the ten-
foot buffer would not be a big deal. Also noted that the ten-foot buffer was consistent with the
other adjacent gravel pits; pointed out that a portion of the site had been reclaimed as duck habitat
and permits would be required to fill the pond back in with material.
There being no one else wishing to speak, the public hearing was closed.
It was clarified that each gravel pit was different depending on the amount of material available
and reclamation plans go into effect once the desired material had been extracted. It was also
noted the area within the 150-foot buffer was included in the reclamation plan.
MOTION TO AMEND :
Commissioner Askin MOVED to amend by adding a whereas clause immediately before the
Conditions of Approval, that read, “Whereas, a Public Hearing was held on January 11, 2017 and
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was continued until January 25, 2017, and said public hearing was duly advertised as required
by the Kenai Municipal Code 14.20.280 and was conducted by the Planning and Zoning
Commission on January 25, 2017; and,” and Commissioner Fikes SECONDED the motion.
VOTE:
YEA: Peterson, Springer, Fikes, Twait, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Peterson, Springer, Fikes, Halstead, Greenberg, Askin, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen-day appeal period.
b. PZ16-40 – 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 for the property located at
2369 Beaver Loop Road; and further described as Tract A1, Beaver Loop Acres
Addition No. 1. Application submitted by James Doyle on behalf of Mary Doyle,
2243 Beaver Loop Road., Kenai, AK 99611. [Clerk’s Note: This item was continued
from the January 11, 2017 meeting.]
It was noted the staff report had been given at the January 11 meeting; nothing to add; available
to answer questions.
Commission Chair Twait opened and closed the public hearing; there was no one wishing to
testify
It was suggested that there would be more damage trying to put the buffer back; there was
minimal amount of impact to the adjacent property; other gravel pits buffers were at the same
distance.
MOTION TO AMEND :
Commissioner Askin MOVED to amend by adding a whereas clause immediately before the
Conditions of Approval, that read, “Whereas, a Public Hearing was held on January 11, 2017 and
was continued until January 25, 2017, and said public hearing was duly advertised as required
by the Kenai Municipal Code 14.20.280 and was conducted by the Planning and Zoning
Commission on January 25, 2017; and,” and Commissioner Halstead SECONDED the motion.
VOTE:
YEA: Peterson, Springer, Fikes, Halstead, Twait, Greenberg, Askin
NAY:
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MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Peterson, Springer, Fikes, Twait, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen-day appeal period.
c. PZ16-43 - Application for a Conditional Use Permit for a dog daycare which
provides grooming, training and overnight care for the property known as G. L.
19, 20, & 21, Sec. 6, T5N, R11W, (11888 Kenai Spur Hwy., Unit 1) Kenai,
Alaska. Application submitted by Lizz Giver, d/b/a Woof Pack Grooming &
Daycare, P.O. Box 3218, Soldotna, AK 99669.
[Clerk’s Note: This item was moved to be considered before item 6.a. at approval of the
agenda.]
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. PZ16-44 – Application for a Transfer of a Conditional Use Permit PZ97-38 (PZ88-
16) for Surface Extraction of Natural Resources (Gravel Pit) from Zubeck, Inc,
Transferor, to Beaver Loop Pit LLC, Transferee.
City Planner Kelley reviewed his staff report, which noted the transferor and transferee were same
operator and recommended approval with the following conditions:
• Facility be licensed by the State of Alaska and managed in compliance with State
licensing requirements;
• Applicant must comply with all Federal, State, and local regulations;
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code section 14.20.150(f);
• If there is a change of use for the above described property, a new Conditional Use
permit must be obtained pursuant to Kenai Municipal Code 14.20150(i)(5).
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-44 and Commissioner
Springer SECONDED the motion.
It was clarified that in the past City staff didn’t annually inspect gravel pits; the Kenai Peninsula
Borough did; City Planner wanted to start inspecting gravel pits annually.
Halstead noted he had a working relationship with the Zubecks but felt he could be impartial with
his decision and added that he did not stand to gain financially if the Resolution was approved.
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Commission Chair Twait ruled Commissioner Halstead was allowed to vote.
It was clarified that there would not be a requirement for property corners and property lines to
be marked for inspection unless there was a question.
VOTE:
YEA: Peterson, Twait, Springer, Fikes, Halstead, Greenberg, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ17-01 – Application for a Transfer of a Conditional Use Permit PZ03-43 (amended
by PZ 05-03) for Hotels, Motels, Restaurant, Bar, Food Vendors, Bakery,
Theatre/Commercial Recreation, Recreational Vehicle Park, and Common Interest
Ownership Community (Condominium Project) from Kenai Landing, Inc., Transferor,
to PRL Logistics, Inc., Transferee.
City Planner Kelley reviewed his staff report, which indicated this Conditional Use Permit
recognized condominium ownership and use and staff recommended approval with the following
conditions:
• Facility be licensed by the State of Alaska and managed in compliance with State
licensing requirements;
• Applicant must comply with all Federal, State, and local regulations;
• Submit State of Alaska, Department of Environmental Conservation documentation
of approval for septic systems and water systems for the conditional uses;
• Provide landscape/site plans for review and approval when applications for building
permits are submitted;
• Provide landscape/site plan for the recreation vehicle park for review and approval;
• If the recreational vehicle sites are increased in the future, submit landscape/site plan
for approval;
• Mark all buildings with proper unit number not less than four inches (4”);
• Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code section 14.20.150(f);
• If there is a change of use for the above described property, a new Conditional Use
permit must be obtained pursuant to Kenai Municipal Code 14.20150(i)(5).
• All streets within the development must be maintained by the CIOC.
MOTION:
Commissioner Halstead MOVED to approve Resolution No. PZ17-01 with recommended
conditions and Commissioner Askin SECONDED the motion.
It was clarified that the transfer of ownership accomplished in 2005 did not include the units being
transferred with this resolution. It was further clarified that a transfer was accomplished when the
first two condominium lots were purchased, but not the subsequently purchased lots and this
resolution rectified that.
VOTE:
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YEA: Peterson, Springer, Fikes, 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 January
18 Council Meeting noting approval of increased appropriations for the Personal Use
Fishery for startup money for the 2017 season as the season falls on the threshold of fiscal
years; authorized a purchase of 80 acres north and west of the airport; authorized the
purchase of 2.7 acres in the Beaver Creek area to provide wellhead protection; adopted
a policy on Council’s use of mobile devices; authorized a rearranged sale of the Bowling
Alley property; appointed Shauna Thornton and Charlie Stephens to the Parks &
Recreation Commission. Also reported that at their January 24 Work Session, there was
discussion regarding selling a portion of Lawton acres in which an agreement had been
reached with the neighborhood’s residents.
b. Borough Planning – Council Member Glendening reported on actions from the January 23
Planning Commission meeting, noting the following:
• Supported the acquisition of access easements from the State of Alaska in a Flood
Risk Management Zone;
• Plat committee approved one preliminary plat.
c. Administration – City Planner M. Kelley noted administration was looking at developing a
land sale policy and amending Kenai Municipal Code where necessary; would be
distributing a bound copy of the adopted Comprehensive Plan soon.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: February 8, 2017
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Askin suggested meetings begin at 6:00 p.m.
Commissioner Peterson thanked Council Member Glendening and staff for their reports.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:22 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC, Deputy City Clerk
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MEMO:
TO: File
FROM: Jamie Heinz, Deputy City Clerk
DATE: February 17, 2017
SUBJECT: Confidential Meeting Material
Confidential material was presented to the Council in Executive Session and is sealed
as a part of the permanent meeting record.
For more information, see the City Clerk.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014