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HomeMy WebLinkAbout2021-08-25 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 August 25, 2021 Kenai Planning & Zoning Commission - Regular Meeting August 25, 2021 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 2** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *Excused Absences *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 it em will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of August 11, 2021 C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS F. PUBLIC HEARINGS G. UNFINISHED BUSINESS H. NEW BUSINESS 1. Action/Approval - Recommendation for Ordinance No. 3237-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Land Administration Department to Provide Funding for a Kenai Waterfront Revitalization Feasibility Study. I. PENDING ITEMS Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 August 25, 2021 J. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration K. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. September 8, 2021 N. COMMISSION COMMENTS AND QUESTIONS O. ADJOURNMENT 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. Join Zoom Meeting https://us02web.zoom.us/j/82095790960 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 820 9579 0960 Passcode: 442785 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 11, 2021 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, J. Halstead, A. Douthit, D. Fikes, G. Woodard, G. Greenberg Commissioners absent: R. Springer Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W. Anderson, Deputy City Clerk M. Thibodeau, Council Liaison J. Glendening A quorum was present. 3. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda as written and Commissioner Douthit SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Commissioner Woodard 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. 5. *Excused absences – R. Springer Page 3 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 4 August 11, 2021 B. APPROVAL OF MINUTES 1. *Regular Meeting of July 28, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2021-31 - Preliminary Subdivision Plat of Townsite of Kenai Kenaitze Courthouse Replat, submitted by Edge Survey and Design, LLC, P. O. Box 208, Kasilof, AK 99610, on behalf of Kenaitze Indian Tribe, 150 N. Willow St. Suite 33, Kenai, AK 99611 MOTION: Commissioner Douthit MOVED to approve Resolution No. PZ2021-31 and Commissioner Woodard SECONDED the motion. Planning Director Foster presented his staff report with information provided in packet explaining that the property owners, Kenaitze Indian Tribe, will be expanding on the tribal court building and the proposed expansion will not currently meet the setback requirement of the Townsite Historic District; therefore, it is proposed to remove the property lines between the properties so that the setback requirements can be met. The proposed expansion of the tribal court building will result in an encroachment onto a ten-foot utility easement, and the applicant wishes to vacate the portion of a ten-foot utility easement as delineated on the preliminary plat. Approval of the plat was recommended, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. The Kenai City Council must declare that the portion of ten-foot utility easement to be vacated is not needed for a public purpose and approve the vacation of the utility easement as shown on the preliminary plat. 3. Prior to issuance of a building permit, a Landscape/Site plan must be submitted to the City of Kenai for review and approval. Clarification was provided on where the building expansion will be in correlation with the setback, and it was noted that there may be inaccuracies with the Geographic Information System (GIS) mapping. Don Ohler, Construction Director with the Kenaitze Indian Tribe, clarified details about the preliminary plat including structure relocation and parking lot expansion. VOTE: YEA: Halstead, Douthit, Greenberg, Woodard, Twait, Fikes Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 4 August 11, 2021 NAY: MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval - A Resolution Of The Council Of The City Of Kenai, Alaska Approving The Development Incentives Per Kenai Municipal Code 21.10.100. For A Lease Of Airport Reserve Lands Between The City Of Kenai And Schilling Rentals, Llc On General Aviation Apron Sub No. 1 Amended Lot 2 Block 3 MOTION: Commissioner Woodard MOVED to recommend approval of Resolution No. 2021-55 to Council for approving the development incentives per Kenai Municipal Code 21.10.100 for a Lease of Airport reserve lands between the City of Kenai and Schilling Rentals, LLC on General Aviation Apron Sub No. 1 Amended Lot 2 Block 3. Vice Chair Fikes SECONDED the motion. Planning Director Foster noted that City Council Resolution No. 2021-55 would approve development incentives for an existing lease to Schilling Rentals. The lessee intends to do an estimated $230,000 worth of improvements to the property, such as unclassified and classified excavation. After Council approval, there are further steps that lessee would go through to receive development credits such as providing an estimate of the value of the work including a scope of work, and certification from a qualified engineer. Once these have been reviewed and accepted by the City, that credit could be applied towards rent for a maximum of 5 years. It was noted that dirt work was taking place, and this application is just for development credits for an engineer-estimated scope of work from July. Chair Twait disclosed that he is a contractor working at this site and explained that the lessee is extending the hangar, but because that is separate from this development credit application he did not see a conflict of interest. Discussion included previous construction that had been done in the area. VOTE: YEA: Douthit, Fikes, Greenberg, Woodard, Twait, Halstead NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Glendening reported on the actions from the August 4, 2021 City Council meeting. Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 4 August 11, 2021 2. Borough Planning – Vice Chair Fikes reported on the actions from the August 9th Planning Commission Meeting, and noted August 14th Kenai Peninsula Borough land auction. 3. City Administration – Planning Director Foster reported on the following: • There was a City Council Work Session on August 4, 2021 to discuss waterfront revitalization and economic development incentives. The next Planning & Zoning Commission meeting on August 25, 2021 will include a recommendation to Council on a feasibility study for waterfront revitalization. K. ADDIT IONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION 1. August 25, 2021 N. COMMISSION COMMENTS & QUESTIONS – None. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:43 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 6 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: August 17, 2021 SUBJECT: Ordinance 3237-2021 – Appropriation to Fund a Kenai Waterfront Revitalization Feasibility Study At the August 4, 2021 Council work session, administration presented the framework of a process to pursue revitalization strategies on the Kenai waterfront and received testimony from the public and feedback and direction from Council. The effort to determine how the City can facilitate the redevelopment of our waterfront will be a multi-year effort with the first step being the completion of a feasibility study. Ordinance 3237-2021 will appropriate $95,000 from the City’s General Fund to pay for the Study. This includes $20,000 in contingency due to the unique nature of the Study and the possibility that the scope of work may change as the project unfolds. The draft scope of work for the feasibility study is under development and will be provided for the September 1, 2021 Council meeting. Generally, the scope will be focused on the following:  Evaluate market conditions and identify opportunities for potential revitalization of the area  Review and recommend any necessary changes to existing plans, zoning, and/or regulations  Engage community and develop vision, core concepts, and priorities  Assess infrastructure needs to support redevelopment  Identify economic investments and incentives that encourage development  Prepare examples of conceptual plans for potential site redevelopment alternatives  Prepare financial analysis to evaluate the feasibility of redevelopment concepts It is evident from public testimony that there is significant interest in development of this area to achieve its full potential. Because of the transformative opportunity that development of this area has for the City, a Study that will identify how the City can best support revitalization of the area is an important first step. Please review the attached materials. Does the Commission recommend Council approve the appropriation to fund a Kenai Waterfront Revitalization Feasibility Study? Page 7 Page 2 of 2 Attachment A: August 4, 2021 Council Work Session Agenda and Packet Materials Attachment B: Ordinance 3237-2021 introduced to Council on August 18, 2021. Page 8 Kenai City Council - Work Session - Kenai Waterfront Revitalization and Economic Development Incentives Page 1 of 1 August 4, 2021 Kenai City Council - Work Session - Kenai Waterfront Revitalization and Economic Development Incentives August 4, 2021 ꟷ 5:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city *Telephonic/Virtual Information Below* Agenda A. CALL TO ORDER AND PLEDGE OF ALLEGIANCE B. INTRODUCTION – Paul Ostrander, City Manager C. COUNCIL DISCUSSION AND COMMENTS D. PUBLIC COMMENT (limited to 3 minutes per speaker; 20 minutes aggregated) E. ADJOURNMENT Join Zoom Webinar https://us02web.zoom.us/j/81168359551 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 811 6835 9551 Passcode: 784457 Meeting ID: 811 6835 9551 Passcode: 784457 1 Page 9 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: June 29, 2021 SUBJECT: Discussion Item – Introduction of Kenai Waterfront Revitalization and Economic Development Incentives and Request to Schedule Work Session In January of this year, Administration provided the Council with two programs currently under development – the Storefront Improvement Program and the Property Tax Incentive Program . Since that time, Administration has continued to evaluate and develop a framework for a number of programs focused on the long -term health of our business community. The intent of these programs is to strengthen the economic vitality of Kenai and best serve the citizens of Kenai with responsible management. The City of Kenai Imagine Kenai 2030 Comprehensive Plan includes goals and objectives to promote projects that create workforce development opportunities, implement business -friendly regulations, taxation and incentives, and encourage the adaptive reuse of vacant commercial buildings in the City Center and alon g the Kenai Spur Highway. It further states that the City should develop land use strategies to implement a forward -looking approach to community growth and development and specifically identifies the waterfront adjacent to the Bridge Access Road beginning at Millennium Square to the City dock as an area for revitalization. One of the greatest potentials to attract significant investment in Kenai is the waterfront area. The untapped potential and importance of Kenai’s unique, defining natural asset near t he mouth of the Kenai River has catalytic possibilities for large -scale waterfront development on vacant or abandoned sites previously utilized by commercial fishing processors. The City is in a position to provide strategic investments in infrastructure o n our waterfront through public – private partnerships to facilitate redevelopment. However, it would be premature to propose a specific project or respond to an opportunity to promote a project should one arise without confirming that existing ownership, infrastructure, planning, and zoning will support the revitalization of the area. Administration supports a feasibility study that would consider all aspects of the waterfront area and provide recommendations for a revitalization initiative, including any regulatory or code changes and partnership models necessary to support a revitalization of the area. This study would also look at the economic incentive programs that are under development to gauge the effectiveness of these programs in coordination with any revitalization effort. 2 Page 10 Page 2 of 2 Included as attachments to this memo are two documents that give a broad overview of programs that administration is working on, as well as a timeline that , with Council approval, we hope to follow over the next eight to nine months as we work through the process of development, public participation, and Council consideration. As proposed, the Kenai Waterfront Initiative would follow a separate process and legislation from the other economic development incentive programs, however, providing the information on all of the programs that are under development was important to demonstrate how the programs would work in concert to achieve the larger Council directed vision of creating an environment for both new and existing businesses in Kenai to thrive. In order to engage residents in developing plans for the waterfront , given the potential to transform the area and attract large -scale investment in Kenai, Administration recommends sch eduling a work session in early August and invite property owners and the community to gauge support for the program and to help administration refine the scope of work for a feasibility study for the area. Your consideration is appreciated. Attachments: • Kenai Waterfront and Development Incentive Timeline • Proposed Incentive Tools for Economic Development or Redevelopment in Kenai 3 Page 11 KENAI WATERFRONT AND ECONOMIC DEVELOPMENT INCENTIVES TIMELINE DISCUSSION ITEM: KENAI WATERFRONT REDEVELOPMENT / SCHEDULE WORK SESSION JULY 7 WORK SESSION: KENAI WATERFRONT REDEVELOPMENT EARLY AUG KENAI WATERFRONT REVITALIZATION INITIATIVE Revitalization of Kenai Waterfront through public/private partnership INTRODUCTION: ORDINANCE FUNDING KENAI WATERFRONT FEASIBILITY STUDY AUG 18 PUBLIC HEARING: ORDINANCE FUNDING WATERFRONT FEASIBILITY STUDY SEPT 1 KENAI KENAI PROPERTY TAX EXEMPTION FOR ECONOMIC DEVELOPMENT KENAI STOREFRONT IMPROVEMENT PROGRAM KENAI COMMERCIAL BUILDING FEE WAIVER PROGRAM KENAI TAX EXEMPTION FOR DEPRECIATED PROPERTY Incentivizes significant capital investment to create revenue and local jobs to sustain and grow Kenai’s economy Incentivizes substantial redevelopment of deteriorated commercial buildings to create local jobs and/or revenue to sustain and grow Kenai’s economy Incentivizes local business improvements and reinvestment in Kenai to enhance economic vitality in Kenai Contributes to feasibility of a development or re- development project that provides a public benefit INVITE PRIVATE PROPERTY OWNERS TO WORK SESSION DRAFT WATERFRONT FEASIBILITY SCOPE OF WORK ADMIN. REVIEW OF PROPOSED INCENTIVE PROGRAMS (ONGOING) FINALIZE WATERFRONT FEASIBILITY SCOPE OF WORK ISSUE / AWARD FEASIBILITY STUDY ADMIN. REVIEW OF PROPOSED INCENTIVE PROGRAMS (ONGOING) INTRODUCTION: PROPOSED INCENTIVE PROGRAMS/TOOLS NOV 3 PUBLIC HEARING: PROPOSED INCENTIVE PROGRAMS/TOOLS DEC 1 Proposed Incentive Programs/Tools: ADMIN. WORK W/ FEASIBILITY CONSULTANT UNTIL REPORT FINAL ADMIN. REVIEW OF ARPA FUNDING GUIDANCE (ONGOING) DISCUSSION ITEM: KENAI WATERFRONT FEASIBILIY STUDY / SCHEDULE WORK SESSION MAR 1 WORK SESSION: PROPOSED INCENTIVE PROGRAMS/TOOLS MID OCT INVITE LOCAL BUSINESS OWNERS TO WORK SESSION FINALIZE DRAFT PROPOSED INCENTIVE PROGRAMS 4 Page 12 Kenai Property Tax Exemption for Economic Development Incentivizes significant capital investment in Kenai to create local jobs and/or revenue Proposed Incentive Tools For Economic Development or Redevelopment in Kenai City of Kenai Proposed Incentives Kenai Commercial Building Fee Waiver Program Contributes to feasibility of a development or re-development project that provides a public benefit Kenai Tax Exemption for Depreciated Property Redevelopment Incentivizes substantial redevelopment of deteriorated commercial buildings Kenai Storefront Improvement Program Incentivizes local business improvements and reinvestment to enhance economic activity and vitality Kenai Waterfront Revitalization Initiative Revitalization of Kenai Waterfront through public/private partnerships EXAMPLE 2: Significant New Waterfront Development EXAMPLE 1: Substantial Renovation of a Deteriorated Building Imagine Kenai 2030 Comprehensive Plan Objectives: ED-1 ED-2 ED-2 ED-5 ED-2 ED-2 LU-4 PF-1ED-1 ED-2 ED-1 ED-2 ED-5 LU-4 PF-1 Substantial Renovation of a Deteriorated Building Project proposes a substantial redevelopment of a deteriorated commercial building in Kenai that is non-compliant with City building and property maintenance, incentives enable the project to move forward, the economic feasibility of the project has a long-term economic viability, will create additional employment, and provide public benefit. Significant New Waterfront Development Project proposes a significant capital investment in Kenai that requires a public/private partnership to move forward and the economic feasibility of the project has a long-term economic viability, will create additional employment, and provide public benefit. Imagine Kenai 2030 Comprehensive Plan Objectives: ED-1 ED-2 ED-5 LU-4 PF-1Promote projects that create workforce development opportunities Implement business-friendly regulations, taxation and incentives to create a stable, positive climate for private investment Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway Review revitalization strategies for the area adjacent to the Bridge Access Road beginning at Millennium Square to the boat landing Ensure that the installation of basic public infrastructure (roads, sewer, water, and drainage) is coordinated with development and that improvements needed to serve the development are in place at the time impacts occur5 Page 13 KENAI WATERFRONT REVITALIZATION AND ECONOMIC DEVELOPMENT KENAI Proposed Project Information for Work Session August 4, 2021 The Kenai waterfront presents a transformative opportunity for economic development and community enhancement. This study will evaluate the revitalization of the Kenai Waterfront area, including opportunities for core economic investments and incentives, public-private partnerships, and a comprehensive assessment of how the area can best serve the community of Kenai in the future. The feasibility study will evaluate constraints and opportunities for the area, along with risks and costs. PURPOSE OF STUDY Evaluate market conditions and identify opportunities for potential revitalization of the area Review and recommend any necessary changes to existing plans, zoning, and/or regulations Engage community and develop vision, core concepts, and priorities Assess infrastructure needs to support redevelopment Identify economic investments and incentives that encourage development Prepare examples of conceptual plans for potential site redevelopment alternatives Prepare financial analysis to evaluate the feasibility of redevelopment concepts ELEMENTS OF STUDY KEY OUTCOMES Understanding of risks and opportunities related to redevelopment of the area Redevelopment strategies and concepts to revitalize and incentivize development of the area to maximize the potential of the area to support a thriving business, residential, recreational and cultural community Recommendations for any necessary zoning or land and development code changes and potential economic incentive programs Implementation plan to guide redevelopment in the future KEY QUESTIONS What is the community's vision for this area? How does redevelopment of this area fit into the community's goals and objectives What types of uses are most appropriate for this area? How can the City best support revitalization of the area? For more information contact Assistant to City Manager Christine Cunningham at 907.283.8233 or ccunningham@kenai.city AREA INFORMATION Size: 160 acres Uplands: 138 acres Tidelands: 22 acres Zoning: Heavy Industrial Infrastructure: State Maintained Bridge Access Road City Water and Sewer Along Highway Natural Gas/Electric City Dock KENAI WATERFRONT REVITALIZATION AREA 6 Page 14 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3237-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – LAND ADMINISTRATION DEPARTMENT TO PROVIDE FUNDING FOR A KENAI WATERFRONT REVITALIZATION FEASIBILITY STUDY. WHEREAS, the City of Kenai 2030 Comprehensive Plan states that the City should develop land use strategies to implement a forward-looking approach to community growth and development; and, WHEREAS, the Comprehensive Plan specifically identifies the waterfront adjacent to Bridge Access Road beginning at Millennium Square to the City Dock as an area where revitalization strategies should be explored; and, WHEREAS, the City Council held a work session on August 4, 2021 to gauge the interest of the community in the revitalization of this area and to discuss the need for a feasibility report that will refine the vision of the community, determine if redevelopment of this area fits into the community’s goals and objectives, determine what types of development is most appropriate, and identify how the City can best support revitalization of the area; and, WHEREAS, the estimated cost of the feasibility report, based on the preliminary scope of work and the cost of similar studies in other communities in Alaska is $75,000; and, WHEREAS, due to the unique nature of this work and the possibility that additional items may be identified that should be added to the scope of the contract, this ordinance appropriates $20,000 in contingency; and, WHEREAS, the Airport Commission reviewed the Kenai Waterfront Revitalization and Economic Incentives materials provided at the August 4, 2021 Work Session at its meeting on August 26, 2021 and recommended ____________________; and, WHEREAS, the Harbor Commission reviewed the Kenai Waterfront Revitalization and Economic Incentives materials provided at the August 4, 2021 Work Session at its meeting on August 23, 2021 and recommended ____________________; and, WHEREAS, the Planning and Zoning Commission reviewed the Kenai Waterfront Revitalization and Economic Incentives materials provided at the August 4, 2021 Work Session at its meeting on August 25, 2021 and recommended ____________________; and, Page 15 Ordinance No. 3237-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, the recommendation in the City of Kenai Comprehensive Plan to review revitalization strategies in this area, the public support demonstrated during the Council August 4, 2021 work session, and the transformative opportunity for economic development and community enhancement through the redevelopment of this area demonstrates that funding a feasibility study for this area is in the best interest of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $95,000 Increase Appropriations – Land Administration – Professional Services $95,000 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of September, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: August 18, 2021 Enacted: September 1, 2021 Effective: September 1, 2021 Page 16 Kenai City Council - Regular Meeting Page 1 of 4 August 18, 2021 Kenai City Council - Regular Meeting August 18, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Action Agenda 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) 1. Tim Dillon, Executive Director, Kenai Peninsula Economic Development District - Quarterly Update. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3226-2021 - Increasing Fiscal Year 2021 Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3227-2021 - Accepting and Appropriating a Grant from the U.S. Department of Homeland Security Passed Through the State of Alaska Department of Military and Veterans’ Affairs, Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department, and Authorizing the Sole Source Purchase of Portable Radios and Accessories for the Fire Department. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3228-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund, Terminal Repair and Maintenance Department for Page 17 Kenai City Council - Regular Meeting Page 2 of 4 August 18, 2021 Expenditures in Excess of Budgeted Amounts Related to Damage to Terminal Building Siding and Authorizing a Purchase Order to Blazy Construction, Inc. (Administration) 4. ENACTED UNANIMOUSLY. Ordinance No. 3229-2021 - Accepting a Grant from the Federal Aviation Administration and Increasing Estimated Revenues and Appropriations in the Airport Snow Removal Equipment Capital Project Fund. (Administration) 5. ENACTED UNANIMOUSLY. Ordinance No. 3230-2021 - Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department for the Purchase of Extrication Equipment Needed to Provide Emergency Response to Motor Vehicle Accidents. (Administration) 6. ENACTED UNANIMOUSLY. Ordinance No. 3231-2021 - Increasing Estimated Revenues and Appropriations in the COVID-19 Cares Act Recovery Fund for a Federal Cares Act Grant Passed Through the State of Alaska Department of Public Safety for Overtime and Direct Expenditures of the Police, Fire, and Communications Departments of the City. (Administration) 7. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3232-2021 - Increasing Estimated Revenues and Appropriations in the General Fund, Kenai Fine Arts Center Capital Project Fund and Amending the Lease for a Portion of Lot 3, Block 17, Original Townsite of Kenai for the Kenai Fine Arts Center to Provide Additional Funding for Improvements and Modifications Amendment to the Lease for the Kenai Fine Arts Center. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2021-54 - Adopting Joint Resolution No. 2021-002 of the Assembly of the Kenai Peninsula Borough and Councils of the Cities of the Kenai Peninsula Borough, Supporting a Request for Federal Aid Submitted by the Kenai Peninsula Borough to Alaska’s U.S. Congressional Delegation for the Purpose of Spruce Bark Beetle Mitigation. (Administration) 9. ADOPTED UNANIMOUSLY. Resolution No. 2021-55 - Approving the Development Incentives per Kenai Municipal Code 21.10.100 for a Lease of Airport Reserve Lands Between the City of Kenai and Schilling Rentals, LLC on General Aviation Apron Sub No. 1 Amended Lot 2 Blk 3. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Work Session of August 4, 2021. (City Clerk) 2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 4, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) Page 18 Kenai City Council - Regular Meeting Page 3 of 4 August 18, 2021 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/1/2021. *Ordinance No. 3234-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund, Amending the City’s Professional Services Agreement with HDL Engineering Consultants, Accepting Grant Funding from the Federal Aviation Administration, and Issuing a Purchase Order for Construction of the 2021 Airfield Drainage Rehabilitation Project at the Kenai Municipal Airport. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/1/2021. *Ordinance No. 3235-2021 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/1/2021. *Ordinance No. 3236-2021 - Amending the Official Zoning Map by Rezoning T 5N R 11W Sec 6 Seward Meridian KN North 150 Ft of Govt Lot 34 from Suburban Residential to General Commercial. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/1/2021. *Ordinance No. 3237-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Land Administration Department to Provide Funding for a Kenai Waterfront Revitalization Feasibility Study. (Administration) 6. APPROVED UNANIMOUSLY. Action/Approval - Authorizing a Special Use Permit to Boys and Girls Club of the Kenai Peninsula for Office Space at the Beacon Building. (Administration) 7. APPROVED UNANIMOUSLY. Action/Approval - Letter of Support for a Kenaitze Indian Tribe Grant Request for a Pilot Fixed-Route Transportation Program. (Administration) 8. APPROVED UNANIMOUSLY. Action/Approval - Potential Partnership with the City of Soldotna to Provide 9-1-1 Dispatch Services. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager Page 19 Kenai City Council - Regular Meeting Page 4 of 4 August 18, 2021 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Review and Discussion of the Terms of Employment Agreement for the City Clerk which, Pursuant to AS 44.62.310(c)(2) May be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk. 2. Action/Approval - Amending an Employment Agreement between the City of Kenai and City Clerk, Jamie Heinz. (City Clerk) M. PENDING ITEMS 1. Ordinance No. 3224-2021 - Repealing and Reenacting Kenai Municipal Code Title 6 - Elections, to Provide Clarity, Housekeeping, and Process Improvements. (Vice Mayor Molloy and City Clerk) [Clerk's Note: At the August 4 Council Meeting, this item was postponed to the September 18 Council Meeting for a second public hearing. A motion to enact is on the floor.] N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 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. Join Zoom Meeting https://us02web.zoom.us/j/84517385498 Meeting ID: 845 1738 5498 Passcode: 819757 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 845 1738 5498 Passcode: 819757 Page 20 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2215  (907) 714-2378 Fax Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Office of the Borough Clerk Melanie Aeschliman, Planning Director • Charlie Pierce, Borough Mayor Plat Committee Tentative Agenda August 23, 2021 6:30 p.m. Zoom Meeting Link: https://zoom.us/j/2084259541 Zoom Toll Free Phone Numbers: 888 788 0099 or 877 853 5247 Zoom Meeting ID: 208 425 9541 The hearing procedure for the Plat Committee public hearings is as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign-in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non- controversial by the Plat Committee and may be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda. The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of your wish to comment. *1. Agenda *2. Member / Alternate Excused Absences *3. Minutes July 12, 2021 Plat Committee Meeting Minutes D. OLD BUSINESS - None E. NEW BUSINESS 1. Falls Creek Estates Unit 5: KPB File 2021-110 Ability Surveys / Metcalf Location: Falls Creek Road, Bush Drive & Furrow Road Fritz Creek Area Kachemak Bay APC Page 21 Plat Committee Tentative Agenda August 23, 2021 Page 2 2. Mackey Lakes Subdivision Douglas Replat; KPB File 2021-109 Segesser Surveys / Douglas Location: Grayling Court & Dolly Varden Way Ridgeway Area 3. Bluesky Subdivision 2021 Addition; KPB File 2021-107 Fineline Surveys, Inc. / Trimark Earth Reserve, LLC Location: Old Sterling Highway & Deuce Avenue Anchor Point Area Anchor Point APC 4. Green Forest Subdivision Carew Addition; KPB File 2021-106 Fineline Surveys, Inc. / Carew Location: Pembroke Drive & Dudley Street Nikiski Area 5. Ninilchik River Estates Subdivision Addn. 1 McLean Addn.; KPB File 2021-108 Fineline Surveys, Inc. / Bruce & Charlene McLean Living Trust Location: Wild Salmon Way, Garrison Ridge Road and Alice Avenue Ninilchik Area F. PUBLIC COMMENT G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Plat Committee meeting will be held Monday, September 13, 2021 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 E-mail address: planning@kpb.us Website: http://www.kpb.us/planning-dept/planning-home Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of the Plat Committee meeting in which the item is being heard. If voluminous information and materials are submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the recording secretary to provide the information to each Committee member. If using large format visual aids (i.e. poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11) or digital file for the recording secretary. Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement, please provide a copy of that statement to the recording secretary. An interested party may request that the Planning Commission review a decision of the Plat Committee by filing a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080. Page 22 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2215  (907) 714-2378 Fax Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Office of the Borough Clerk Melanie Aeschliman, Planning Director • Charlie Pierce, Borough Mayor Blair Martin, Chair – Kalifornsky Beach ~ Robert Ruffner, Vice Chair – Kasilof/Clam Gulch Syverine Abrahamson-Bentz, Parliamentarian – Anchor Point/Ninilchik ~ Jeremy Brantley – Sterling Cindy Ecklund – City of Seward ~ Pamela Gillham – Ridge Way ~ Davin Chesser – Northwest Borough Diane Fikes – City of Kenai ~ Virginia Morgan – East Peninsula ~ Franco Venuti – City of Homer Planning Commission Tentative Agenda August 23, 2021 7:30 p.m. Zoom Meeting Link: https://zoom.us/j/2084259541 Zoom Toll Free Phone Numbers: 888 788 0099 or 877 853 5247 Zoom Meeting ID: 208 425 9541 The hearing procedure for the Planning Commission public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or her name and mailing address on the sign-in sheet located by the microphone provided for public comment. They must begin by stating their name and address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. A. CALL TO ORDER B. ROLL CALL 1. Reappointment of Commissioner C. APPROVAL OF CONSENT AND REGULAR AGENDAS All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non- controversial by the Planning Commission and may be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda. The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of your wish to comment. *1. Time Extension Request - None *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval a. McCorison Lindholm Subdivision; KPB File 2021-042 b. Rappe Gallant Subdivision Unit 5 No. 2: KPB File 2021-064 *4. Plats Granted Final Approval (20.10.040) *5. Plat Amendment Request - None *6. Commissioner Excused Absences Page 23 Planning Commission Tentative Agenda August 23, 2021 Page 2 *7. Minutes a. August 9, 2021 Planning Commission Meeting D. OLD BUSINESS - None E. NEW BUSINESS 1. Right-of-Way Vacation; KPB File 2021-111V Location: Vacate a 60' by 254' portion of Wildwood Drive on the southeast boundary of Lot 4-A Block 8, Black Gold Estates Subdivision No 2 (Plat KN 84-76) as dedicated on Black Gold Estates Subdivision Amended (KN 1399) Petitioner: Alexander Douthit of Kenai, AK 2. Conditional Use Permit; PC Resolution 2021-27 Location: T05N, R10W, SEC 19, S.M., KN 0970046 Poacher’s Cove Moore Addn. Amended Lot 177B Petitioner: Sharon Keating of Soldotna 3. Ordinance 2021-28: An ordinance authorizing a lease to Robert Gibson, DBA Alaska Land & Cattle Company for approximately 280 acres of Borough land in the Basargin Road area for agricultural use. 4. PC Resolution 2021-28: A resolution establishing the appeal procedure for appeal of the Planning Director’s decision approving a nonconforming use application within the C&H Estates LOZD. F. PLAT COMMITTEE REPORT - Plat Committee will review 5 Plats G. OTHER 1. Community Wildfire Protection Plan Update 2. Plat Committee for September 13, 2021 H. PUBLIC COMMENT/PRESENTATION (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made) I. DIRECTOR'S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, September 13, 2021 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home Page 24 Planning Commission Tentative Agenda August 23, 2021 Page 3 A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of right-of-ways, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. Page 25