HomeMy WebLinkAbout2009-05-06 Council MinutesYTEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*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.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Brenda Ahlberg, Executive Director, Boys & Girls Clubs of the Kenai
Peninsrila -- Kenai Club Benefits/Request for Funding Consideration.
2. Mark Schrag -- Zoning Instability
3. Kathy Johnson -- Limited Commercial Rezoning
4. D'Anna Gibson, KCHS Nordic Ski Team -- Request/Beach Cleaning
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
%TEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
1. Ordinance No. 2397-2009 -- Increasing Estimated Revenues and
Appropriations by $65,750 in the Airport Special Revenue Fund and the
Courthouse Parking Capital Project Fund for Construction.
2. Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and
Appropriations by X250,000 in the Street and Sewer Capital Projects and
Increasing Estimated Revenues and Appropriations by $250,000 in the
Library Expansion Capital Projects Fund for Capital Improvements.
r-- , 3. Ordinance No. 2399-2009 -- Increasing Estimated Revenues and
Appropriations by X1,221.96 in the General Fund for Library Travel and
Transportation.
a. Substitute Ordinance No. 2399-2009 -- Increasing Estimated
Revenues and Appropriations by $1,000 in the General Fund for
Library Travel and Transportation.
4. Ordinance No. 2400-2009 -- Increasing Estimated Revenues and
Appropriations by $5,173 in the General Fund for State Traffic Grant
Overtime Expenditures.
5. Ordinance No. 2401-2009 -- Increasing Estimated Revenues and
Apprepriations by $853.55 in the General Fttnd for Forensic Computer
Training from Internet Crimes Against Children (ICAO).
6. Ordinance No. 2402-2009 -- Authorizing a Budget Transfer of $5,000
Within the General Fund/Non-Departmental Account and Increasing
Estimated Revenues and Appropriations by $5,000 to Provide for
Additional Funding for the Soccer Park Maintenance Building Project.
7. Resolution No. 2009-15 -- Approving a Contract to Peninsula
Construction, Inc. for the Project Entitled Kenai Courthouse Parking
Expansion - 2009 for the Total Amount of $220,32'7.50.
8. Resolution No. 2009-16 -- Authorizing a Budget Transfer of $10,000
Within the Water and Sewer Special Revenue Fund From Contingency to
Operating and Repair Supplies.
9. Resolution No. 2009-1'7 -- Authorizing a Budget Transfer Within the
City Shop Department to Cover Costs in Excess of Budgeted Amounts for
Operating and Repair Supplies.
10. Resolution No. 2009-18- Authorizing a Budget Transfer Within the
General Fund, Police Department to Cover Costs for Equipping a New
Police Cruiser.
ITEM F: MINUTES
1. *Regular Meeting of April 15, 2009.
2. *Budget Work Session of March 30, 2009.
3. "Budget Work Session of April 2, 2009.
4. *Council Work Session of April 28, 2009.
ITEM G:
ITEM H:
Ratification of Bills
2. Approval of Purchase Orders Exceeding $15,000
3. *®rdinance No. 2403-2009 -- Amending the Land Use Table in KMC
14.22.010 to: 1) Change the Uses of Personal Services, Restaurants,
Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from
Principal Permitted Uses (P) to Conditional Uses (C) in the Limited
Commercial Zone (LC); 2) Change Mobile Home Parks from Conditional
Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3)
Change Automotive Repair from Not Permitted (N) to Conditional Use (C)
in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to
Clarify that Tattoo Parlors are Personal Services; and; S) Require Tattoo
Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning
District (TSH).
4. *®rdinance No. 2404-2009 -- Authorizing a Budget Transfer of $ 11,000
Within the General Fund/Non-Departmental Account and Increasing
Estimated Revenues and Appropriations by $11,000 to Provide for
Funding to the Kenai Convention and Visitors Bureau to Compensate It
for Lost Revenue Due to the Four-Month Closure of the Kenai Visitors
and Cultural Center (the "Center") for Repairs to the In-Floor Heating
System.
5. *®rdinance No. 2405-2009 -- Increasing Estimated Revenues and
Appropriations by $8,590.27 in the General Fund for Reimbursement
Received on the Kenai Historic Cabin Move Project.
6. *Ordinance No. 2406-2009 -- Increasing General Fund Estimated
Revenues and Appropriations for Costs in Excess of Budgeted Amounts.
7. *®rdinance No. 2407-2009 -- Increasing Estimated Revenues and
Appropriations in the Airport Fund for Costs in Excess of Budgeted
Amounts.
8. *®rdinance No. 2408-2009 -- Increasing Estimated Revenues and
Appropriations in the Water 8s Sewer Fund for Costs in Excess of
Budgeted Amounts.
9. *Ordinanee No. 2409-2009 -- Increasing Estimated Revenues and
Appropriations by $1,092.40 in the General Fund for Datamaster
Training Reimbursements from the Alaska Highway Safety Office (AHSO).
10. *Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal
Year Commencing July 1, 2009 and Ending June 30, 2010.
11. *®rdimanee No. 2411-2009 -- Increasing Estimated Revenues and
Appropriations by $175,000 in the Water and Sewer Fund and
Increasing Estimated Revenues and Appropriations by $175,000 in the
Bridge Access Water and Sewer Extension Capital Project Fund.
12. Approeral -- Lease of Airport Lands Outside the Kenai Municipal Airport
Reserve/Alaska State Court System -- Lot 1.3, Block I, Cook Inlet
Industrial Air Park.
i3. Discussion -- Schedule Executive Sessions for Annual Evaluations of the
City Clerk, City Attorney and City Manager.
14. Discussion -- Schedule Board of Appeals Hearing/Kenai Landing.
ITEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8v Recreation Commission
6. Planning fiv Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Mini-Grant Steering Committee
d. Advisory Cemetery Committee
e. Kenai Convention ~ Visitors Bureau
f. Salmon Task Force
- ITEM J: REPORT OF THE MAYOR
ITEM K: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
1. Citizens (five minutes)
2. Council
ITEM M: PENDING LEGISLATION (?`his item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to
Limited Commercial (LC).
Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's
Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to
$500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first
meeting in July, 2009, to allow for further consideration of a salary increase during the
budget FYIO budget process.)
Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC
1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and
Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -
Development-Preparation-Distribution-Publication-Late Materials. (Clerk's Note:
Ordinance No. 2,347-2008, Substitute B was moved for adoption at the January 21,
2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items
from the ordinance are to be incorporated into a suggested policy as well as an
ordinance identifying those items to codify.)
Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by
$45,501 in the Airport Fund and by p 1,820,000 in the Runway Improvement Capital
Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation
Project. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, a,t the
April 1, 2009 council meeting.)
Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,415,000
in the Airport Apron Rehabilitation--Stimulus Fund for the Grant Funds Awarded
Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package."
(Clerk's Note: Ordinance No. 2395-2009 was postponed, no time certain, at the April 1,
2009 council meeting.)
Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition
of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning
Public Record Inspections." (Clerk's Note: Ordinance No. 2396-2009 was postponed as
amended with Substitute Attachment B, to the May 20, 2009 council meeting. The
motion to enact is active.)
-- Financial Affairs of the City
YTEM N:
MINUTES
ITEM A: CALL TO ORDER
Vice Mayor Ross called the meeting to order at approximately 7:00 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-I. PLEDGE OF ALLEGIANCE
Vice Mayor Ross led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
A quorum was present.
Mayor Porter identified her location as Disney Old Key West Resort in Lake Buena
Vista, Florida and Council Member Molloy identified his location as the Travel Lodge
Juneau in Juneau, Alaska.
Also present: Student Representative Maya Johnson
Vice Mayor Ross read and presented a proclamation to City Clerk Freas in observance
of Municipal Clerks' Week.
A-3.
AGENDA APPROVAL
The following changes were requested:
SUBSTITUTE: Ii-2, Revised List/Purchase Orders Exceeding $15,000 --
Removal of purchase order to ECI/HYER
MOTION:
Council Member Smalley MOVED for approval of the agenda with the requested H-2
Substitute and Council Member SECONDED the motion. There were no objections.
SO ORDERED.
The City Clerk took roll. Present were:
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 2
A-4. CONSENT AGENDA
M®TI®N:
Council Member Smalley M'.21TED to approve the cen sent agenda as presented and
requested UNANIM®US C®NSENT. Council Member Eldridge SECONDED the
motion. There were no objections. SO ®RDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
B-1. Brenda Ahlberg, Executive Director, Boys & Girls Clubs of the Kenai
Peninsula -- Kenai Club Benefits/Request for Funding Consideration.
Brenda Ahlberg, Executive Director, Boys Ss Girls Club, 705 Frontage Road, Kenai
-- Thanked the council for its support of the Boys & Girls Club of the Kenai Peninsula.
Tanya Erwin, 106 Wooded Glen, Kenai -- Spoke in support of City funding of the
Club.
Mitch Michaud, 44135 Shirley Way, Ridgeway -- Spoke in support of funding the
Boys 8s Girls Club.
Arika Jensen, 45820 Fox Circle, Nikiski -- Spoke in support of funding the Boys 8v
Girls Club.
Mike Navarre, Boys & Girls Club Board of Directors -- Spoke support of funding the
Boys & Girls Club, thanked council for their consideration, and noted fundraising
efforts.
B-2. Mark Schrag -- Zoning Instability
Mark Sehrag, 312 Princess Lane, Kenai -- Commented on stability, predictability,
and balance with regard to city zoning.
B-3. Kathy Johnson -- Limited Commercial Rezoning
Kathy Johnson, 5345 Kenai Spur Highway, Kenai -- Commented on her concerns
with the suggested changes to the Land Use Table, i.e. requiring a Conditional Use
Permit, inability for future sale of her property, possible loan insurance problems, etc.
Requested her property be "grandfathered" in as it was currently zoned, reconsider the
personal services and divide them, and rezone Thompson Park as General
Commercial.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 3
Vice Mayor Ross requested a verbatim of Johnson's comments be prepared for the
public hearing.
B-4a D'Anna Gibson, KCAS IQordic Ski Team -- Request/Beach Cleaning
No show.
ITEM C: UNSCIiEDULED PUBLIC C®MMENTS (3 minutes)
Sue Carter, 15Q5 Toyon Way, Kenai -- Discussed concerns related to beach safety,
noise, racing of vehicles (including motorcycles and four-wheelers), etc. Carter
suggested appropriate signage and enforcement.
Council Member Boyle reported he intended to request an ordinance be prepared that
would set a speed limit on the beach.
Keith Kornelis, 1513 Toyon Way, Kenai -- Stated concerns with noise, speed of
vehicles, safety, vehicles racing around kids and pedestrians, property damage, fire
hazards, etc.
Jim White, 15®9 Toyon Way, Kenai -- Commented on racing on the beach and noise
and requested enforcement of the noise ordinance.
Patricia Falkenberg, 399 MoCollum 17rtve, Kenai -- Commented on her concerns of
zoning changes of the Kathy Johnson property.
Kellie Kelso, 1117 Walker Lane, Kenai -- Stated she received notice from the
Planning Department the plat note on the buffer strip along Walker Lane was to be
removed. City Attorney Graves explained events taking place and noted, the Borough
would no longer allow a plat note and a deed restriction would now be needed.
Administration intended to have the deed restriction put in place upon the completion
of the Borough's replat procedures.
l~xathony Pisa, 39575 Moose Range ISrive, Soldotna -- Reported he was the owner of
Anthony's Transmission and stated concerns with the proposed change in the Land
Use Table which would require him to obtain a conditional use permit to expand his
business (many of the same concerns as Johnson).
Vice Mayor Ross requested a verbatim be prepared of this discussion for inclusion
with the ordinance when it comes to public hearing.
Harold Steiner, 3~1 Senior Court, #289, Kenai -- Stated he was impressed of the
quality of input from the public and questioned the process for placing the deed
restriction on the buffer strip at Walker Lane. City Manager Koch noted he would be
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 4
waiting until the replat was approved by the Borough and then would have the deed
restriction placed.
Raquel Pisa, 395'75 Moose Range Drive, Soldotna -- Stated concerns the suggested
arnendments to the Land Use Table would cause with regard to the Anuzony's
Transmission property and noted, she would prefer the property be zoned General
Commercial.
BREAK TAKEN: 8:24 P.M.
BACK TO ORDER: x:35 P.M.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
Assembly Member Smalley reviewed discussions and actions taken at the May 5, 2009
Kenai Peninsula Borough Assembly meeting, including funding of education and the
proposed budget received from the Borough Mayor.
ITEM E: PUBLIC IiEARYNGS (Testimony limited to 3 minutes per speaker.)
E-1. Ordinance No. 239'7-2009 -- Increasing Estimated Revenues and
Appropriations by $65,750 in the Airport Special Revenue Fund and the
Courthouse Parking Capital Project Fund for Construction.
MOTION:
Council Member Eldridge MOi/ED to adopt Ordinance No. 2397-2009 and Council
Member Smalley SECONDED the motion.
The floor was opened for the public hearing. There being no one wishing to speak, the
public hearing was closed.
Council and administration comments included:
• Support of the construction of a parking lot by the courthouse.
• The State will lease the parking lot on a 20-year term.
• Bids came in higher than the engineer's estimate.
• A financial analysis indicated the lease would return over six percent a
year and the city would remain the owner of the property.
• Administration recommended council approve the ordinance.
VOTE:
A Student Representafive Johnson: Yes
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 5
Porter Yes ___ Smalle Yes Moore Yes
i Eldrid e Yes i Ross i Yes Mollo f Yes
Bo le _ Yes ~_ _ _
MOTic"3%3 PASSED U%SANIIvIOUSLY.
E-2. Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and
Appropriations by $250,000 in the Street and Sewer Capital Projects and
Increasing Estimated Revenues and Appropriations by $250,000 in the
Library Expansion Capital Projects Fund for Capital Improvements.
MOTION:
Council member Eldridge MOVED to adopt Ordinance No. 2398-2009 and Council
Member Smalley SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
City Manager requested the ordinance be postponed because more needed to be
accomplished before re-appropriating the funds, noting the delay would not impact the
project.
MOTION TO POSTPONE:
Council Member Eldridge MOVED to postpone Ordinance No. 2398-2009, no time
certain. Council Member Smalley SECONDED the motion.
VOTE ON POSTPONEMENT:
* Student Representative Johnson: Yes
Porter Yes ~ Smalle Yes Moore_ _ Yes
Eldrid e Yes Ross Yes Mollo Yes
Boyle______ Yes
MOT%ON PASSED UNANIMOUSLY.
E-3. Ordinance No. 2399-2009 -- Increasing Estimated Revenues and
Appropriations by $1,221.96 in the General Fund for Library Travel and
Transportation.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 6
E-3a. Substitute Ordanance N®. 2399-2009 -- Increasing Estimated Revenues
and Appropriations by $1,000 in the General Fund for Library Travel and
Transportation.
MOTION
Council member Eldridge MOVED the Substitute Ordinance No. 2399-2009 for
adoption and Council Member Smalley SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
* Student Representative Johnson: Yes
Porter Yes Smalle Yes Moore Yes
Eldridge Yes Ross Yes Molloy Yes
Boyle Yes
MOTION PASSED UNANIMOUSLY.
E-4. Ordinance No. 2400-2009 -- Increasing Estimated Revenues and
Appropriations by $5,173 in the General Fund for State Traffic Grant
Overtime Expenditures.
MOTION:
Council Member Smalley MOVED to adopt Ordinance No. 2400-2009 and Council
Member Eldridge SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
* Student Representative Johnson: Yes
Porter Yes Smalley Yes Moore Yes
Eldridge Yes ( Ross ~ Yes ~ Molloy ~ Yes
Boyle Yes
MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 7
E-5. Ordinance No. 2401-2009 -- Increasing Estimated Revenues and
Appropriations by $853.55 in the General Fund for Forensic Computer
Training from Internet Crimes Against Children (ICAC).
MOTION:
Council Member Smalley MOVED for adoption of Ordinance No. 2401-2009 and
Council Member Eldridge SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
* Student Representative Johnson: Yes
Porter Yes Smalley Yes Moore Yes
Eldridge Yes Ross ~ Yes Molloy Yes
Boyle Yes _ _ 1
MOTION PASSED UNANIMOUSLY.
E-6. Ordinance No. 2402-2009 -- Authorizing a Budget Transfer of $5,000
Within the General Fund/Non-Departmental Account and Increasing
Estimated Revenues and Appropriations by X5,000 to Provide for
Additional Funding for the Soccer Park Maintenance Building Project.
MOTION:
Council Member Moore MOVED for adoption of Ordinance No. 2402-2009 and Council
Member Smalley SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
Council and administration comments included:
• The ordinance would provide funding to build a hybrid maintenance
building (two connexes with a joining roof and concrete slab between them) at the
soccer park.
• The city would process the necessary permits to allow placement of the
connexes at the park.
• The connexes would not be painted at this time.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 8
• Though no sight barrier was in place, they would be placed
approximately 600 feet from the roadway.
• Another building had been proposed, however no grant funding had been
received to build it.
• The soccer park a~as .needing a secure storage area and this type of
building plan would provide it at not a large cost.
ROTE:
* Student Representative Johnson: Yes
Porter
Yes - ----
Smalley Yes
Moore .
Yes
Eldridge ~ Yes Ross ~ Yes Molloy Yes i
f Boyle Yes ~~ l ~
i
MOTION PASSED UNANIMOUSLY.
E-7. Resolutson No. 2009-I5 -- Approving a Contract to Peninsula
Construction, Inc. for the Project Entitled Kenai Courthouse Parking
Expansion - 2009 for the Total Amount of $220,327.50.
MOTION:
Council Member Smalley MOVED for adoption of Resolution No. 2009-15 and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearine was closed. There were no council comments.
VOTE:
There were no objections. SO ORDERED.
E-Ti. Resolution No. 2009-16 -- Authorizing a Budget Transfer of ~ 10,000
Within the Water and Sewer Special Revenue Fund From Contingency to
Operating and Repair Supplies.
MOTION:
Council Member Eldridge MOVED to approve Resolution No. 2009-16 and requested
UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 9
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
There were no objections. SO ORDERED.
E-9. Resolution No. 2009-17 -- Authorizing a Budget Transfer Within the
City Shop Department to Cover Costs in Excess of Budgeted Amounts for
Operating and Repair Supplies.
MOTION:
Council Member Smalley MOVED for adoption of Resolution No. 2009-17 and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
There were no objections. SO ORDERED.
E-10. Resolution No. 2009-18- Authorizing a Budget Transfer Within the
C'seneral Fund, Police Department to Cover Costs for Equipping a New
Pofice Cruiser.
MOTION:
Council. Member Eldridge MOVED for approval of Resolution No. 2009-18 and
requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
There were no objections. SO ORDERED.
ITEM F: MINUTES
F-1. *Regular Meeting of April 15, 2009 -- Approved by consent agenda.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 10
F-2. *Budget Work Session of March 30, 2009 -- Approved by consent
agenda.
F-3. *Budget Work Session of April 2, 2009 -- Approved by consent agenda.
F-4. *Council Work Session of April 28, 2009 -- Approved by consent
agenda.
ITEM G: UNFINISHED BUSINESS -- None.
YTEM H: NEW BUSINESS
H-1. Ratification of Bills
MOT%ON:
Council Member Smalley MOVED to ratify the bills. Council Member Eldridge
SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE:
There were no objections. SO ORDERED.
H-2. Approval of Purchase Orders Exceeding $15,000
MOTION:
Council Member Eldridge MOVED to approve the revised purchase orders exceeding
$15,000 distributed at the beginning of the meeting and requested UNANIMOUS
CONSENT. Council Member Smalley SECONDED the motion.
Council Member Moore requested to abstain from voting due to a conflict of interest.
Vice Mayor Ross approved the request to abstain.
VOTE:
There were no objections. SO ORDERED.
H-3. *Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC
14.22.010 to: 1) Change the Uses of Personal Services, Restaurants,
Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from
Principal Permitted Uses (P) to Conditional Uses (C) in the Limited
Commercial. Zone (LC); 2) Change Mobile Home Parks from Conditional
Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3)
Change Automotive Repair from Not Permitted (N) to Conditional Use (C)
in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 tc
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 11
Clarify that Tattoo Parlors are Personal Services; and; 5) Require Tattoo
Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning
District (TSH).
Introduced by approval of consent agenda.
H-4. *Ordananee No. 2404-2009 -- Authorizing a Budget Transfer of $11,000
Within the General Fund/Non-Departmental Account and Increasing
Estimated Revenues and Appropriations by $11,000 to Provide for
Funding to the Kenai Convention and Visitors Bureau to Compensate It
for Lost Revenue Due to the Four-Month Closure of the Kenai Visitors
and Cultural Center (the "Center") for Repairs to the In-Floor Heating
System.
Introduced by approval of consent agenda.
H-5. *Ordinance No. 2405-2009 -- Increasing Estimated Revenues and
Appropriations by $8,590.27 in the General Fund for Reimbursement
Received on the Kenai Historic Cabin Move Project.
Introduced by approval of consent agenda.
H-6. *Ordinance No. 2406-2009 -- Increasing General Fund Estimated
Revenues and Appropriations for Costs in Excess of Budgeted Amounts.
Introduced by approval of consent agenda.
H-7. *Ordinanee No. 240'7-2009 -- Increasing Estimated Revenues and
Appropriations in the Airport Fund for Costs in Excess of Budgeted
Amounts.
Introduced by approval of consent agenda.
H-8. *Ordinanee No. 2408-2009 -- Increasing Estimated Revenues and
Appropriations in the Water & Sewer Fund for Costs in Excess of
Budgeted Amounts.
Introduced by approval of consent agenda.
H-9. *Ordinance No. 2409-2009 -- Increasing Estimated Revenues and
Appropriations by $1,092.40 in the General Fund for Datamaster
Training Reimbursements from the Alaska Highway Safety Office (AHSO).
Introduced by approval of consent agenda.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 12
H-I0. *Ordinanee No. 2410-2009 -- Adopting the Annual Budget for the Fiscal
Year Commencing July 1, 2009 and Ending June 30, 2010.
inuvduCed by appr6Vai of Consent agenda.
H-11. *Ordinanee No. 2411-2009 -- Increasing Estimated Revenues and
Appropriations by $175,000 in the Water and Sewer Fund and
Increasing Estimated Revenues and Appropriations by $175,000 in the
Bridge Access Water and. Sewer Extension Capital Project Fund.
Introduced by approval of consent agenda.
H-12. Approval -- Lease of Airport Lands Outside the Kenai Municipal Airport
Reserve/Alaska State Court System -- Lot 13, Block 1, Cook Inlet
Industrial Air Park.
MO1"ION:
Council Member Molloy MOVED for approval of the lease of airport lands to the Court
Systern. Council Member Smalley SECONDED the motion and requested
UNANIMOUS CONSENT.
it was noted, the lease would be for twenty years, had the typical five-year reappraisal
of value, and cancellation would require mutual consent of both parties.
VOTE:
There were no objections. SO ORDERED.
H-13. Discussion -- Schedule Executive Sessions for Annual Evaluations of the
City Clerk, City Attorney and City Manager.
Executive sessions were scheduled as follows:
June 3 -- Evaluation of City Clerk and City Attorney
June 17 -- Evaluation of City Manager
H-14. Discussion -- Schedule Board of Appeals Hearing/Kenai Landing.
Council Member Moore requested he not be involved with the discussion as it could be
thought as improper. City Attorney Graves explained, the appeal could affect a
building Moore's family would be leasing during the summer and he advised him to
recuse himself from the discussion. Graves stated his recommendation to Vice Mayor
Ross was for Ross to approve Moore's request. Ross granted the request.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 13
The appeal hearing was scheduled for June 3, 2009 at 5:00 p.m.
ITEM I: C®MMISSI®N/C®MMITTEE REP®RTS
I-l. Council on Aging -- Vice Mayor Ross reported the May meeting had
been cancelled. He also noted an application for appointment included in the packet.
The appointment would be held until the next council meeting.
I-2. Airport Commission -- Council Member Eldridge noted the next meeting
would be held on May 14, 2009.
Y-3. Harbor Commission -- Council Member Smalley reported the next
meeting would be held on May 11, 2009.
I-4. Library Commission -- Council Member Boyle reported on the meeting
held May 5, 2009 and reviewed discussions held, noting a question arose related to a
member of the Library Commission being a member of the Friends of the Library
Board. Graves stated he would research the city's ethics ordinance and prepare a
written response. Boyle also noted it had been reported reaching the $400,000 match
was questionable.
I-5. Parks & Recreation Commission -- Council Member Moore reported the
next meeting would be held on July 7, 2009.
I-6. Planning & Zoning Commission -- Council Member Molloy reported on
the April 22, 2009 meeting, noting the minutes of the meeting were included in the
packet. The next meeting was scheduled for May 13, 2009.
I-°7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee -- Mayor Porter reported the meeting
summary of the special April 14, 2009 meeting was included in the packet.
I-7b. Alaska Municipal League Report -- No meeting.
I-7c. Mini-Grant Steering Committee -- Mayor Porter noted the summary of
the April 15, 2009 meeting was included in the packet.
I-7d. Advisory Cemetery Committee -- Mayor Porter reviewed discussions
held at the April 16, 2009 meeting, noted the summary was included in the packet,
and the next meeting would be held on May 21, 2009.
I-7e. Kenai Convention & ~7isitors Bureau -- Council Member Smalley
reported on the meeting held April 27, 2009, including concern of Modine heaters
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 14
needing to be addressed, introduction of an ordinance to provide adjustments to the
KCVB budget (due to loss of income during the floor replacement closure), and the
placement of a convex behind the building for temporary storage.
Discussion vliowed r dated to the placement of the convex with com~i~ents including:
• Concern it was unacceptable for the convex to be placed on the property.
• Question of whether the city gave permission for the placement.
• Statement the city did not give permission.
• Because there is nothing in the lease to allow that type of activity, belief
it should be removed.
1Vatasha Ala, Executive Director, I£enai Convention & Visitors Bureau -- Reported
already had an offsite storage facility, but it was inadequate for the temporary storage
needed during the art show; they hoped to have a permanent shed built on the
property; they received a permit after the convex had been moved onto the property;
and, had not known a permit was required.
Discussion continued, with comments including:
• KCVB Board and director would work with the city administration to
remedy the problem in a timely manner.
• Administration was directed to submit a full report if the connext was not
removed by the May 20 council meeting.
Council Member Boyle reported the Kenai Central High School Work Force
Development group wanted to do another joint project with the city and build a shed
for storage on the property. Boyle reported the shed would be built to mirror the roof
lines of the Visitors Center; the shed could be framed at no cost to the city; from the
joists down would be city costs; estimated cost for materiats was $5,000; ground work
would need to be completed by May 28; and, the shed would be placed without
detracting from what was already in place.
Consensus of council was to include the matter on the May 20, 2009 council meeting
for discussion, along with schematics and cost figures.
I-7f. Salmon Task Force -- Council Member Moore reported the next meeting
was scheduled for May 7 and a presentation at the council work session of May 18,
2009 beginning at 6:00 p.m.
ITEM J: REPORT OF THE MAYOR
The following items were reported:
• A proclamation to the American Legion Auxiliary was presented to
commemorate Poppy Day.
• The grand opening of Lowe's would be held May 7 to 11.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 15
• Property owners in the Spruce Street area met with business owners to
discuss improvements in that area of town.
• Attended the Caring for the Kenai banquet.
• Ross and City Manager Koch met with representatives of the Kenaitze
Tribe, Kenai iJatiVeS AnJSOelatloll, grid Salamatof Natives ASSOClatlon tC di5CUSS
property development, etc.
• Mayors Porter and Micciche met with representatives of the Soldotna
High School and Kenai Central High School to discuss a combined float project for use
at the Fourth of July and Progress Days parades. Council stated no objections to
donating $S00 for the project.
ITEM K: ADMIIVISTRATIOIV REPORTS
K-1. City Manager -- City Manager Koch reported the following items:
• Discussed project eligibility for an extension of water/sewer utilities from
Spur Highway to Beaver Loop. Because of the process of receiving the funds, the bond
counsel was consulted.
• Referred to the quarterly financial report included in the packet.
• Reminded council of the May 20, 2009 work session to discuss the fuel
flowage fee and KRSMA Boundary.
• Requested adding FY 10 budget items to the May 20 work session if time
allows. There were no objections stated by council.
K-2. Attorney -- Attorney Graves reported new software would be needed to
attach Permanent Fund Dividends due to a change to a new format. He would be
preparing a memorandum requesting $4,000 for purchasing the software.
K-3. City Clerk -- Clerk Freas noted the following items:
• Reminded council of May 1.8, 2009 and May 20, 2009 council work
sessions.
• Reported she had been informed by the Division of Elections a change
would be made to the location of the Kenai No. 2 voting site from the Old Court House
to The Challenger Center:
• Thanked Council for the proclamation and flowers for her and the
Deputy Clerk.
ITEM L:
L-1. Citizens (five minutes) -- None.
L-2. Council
Johnson -- Reported. on activities at the high school, i.e. graduation, Caring for the
Kenai banquet, and the last day of school (May 20, 2009).
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 16
Smalley -- Reported the following:
• The Borough received an additional $3 million for removal of Spruce
Bark Beetle infested trees.
• Thanked Clerk Freas and Deputy Clerk Hall for all they do for the council
and city.
Moore -- Reported the following:
• Stated he believed the use of ATVs, etc. should be addressed for the
whole city.
• Thanked Freas and Hall for their dedication to the city.
Eldridge -- Thanked Freas and Hall.
Soyle -- Reported the following:
• Thanked Freas and Hall.
• Stated he probably would be absent from the May 20, 2009 meeting.
Molloy -- Reported the following:
• Boyle would be absent from the meeting because he would be attending a
national track and field competition to watch his son who would be representing the
University of Alaska Anchorage.
• Thanked the Clerk for making the teleconference arrangements.
Porter -- Thanked Freas for her dedication to the city.
ITEM M: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to
Limited Commercial (LC).
Ordinanoe No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's
Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to
$500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first
meeting tin July, 2009, to allow for further consideration of a salary increase during the
budget FYI O budget process.)
Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC
1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and
Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -
Development-Preparation-Distribution-Publication-Late Materials. (Clerk's Note:
Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21,
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 17
2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items
from the ordinance are to be incorporated into a suggested policy as well as an
ordinance identifying those items to codify.)
Ordinance N^. 239°--2009 -- Increasing Estimated Revenues and Appropriations by
$45,501 in the Airport Fund and by $1,820,000 in the Runway Improvement Capital
Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation
Project. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, at the
April 1, 2009 council meeting.)
Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,415,000
in the Airport Apron Rehabilitation--Stimulus Fund for the Grant Funds Awarded
Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package."
(Clerk's Note: Ordinance No. 2395-2009 was postponed, no time certain, at the April 1,
2009 council meeting.)
Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition
of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning
Public Record Inspections." (Clerk's Note: Ordinance No. 2396-2009 was postponed as
amended with Substitute Attachment B, to the May 20, 2009 council meeting. The
motion to enact is active.)
EXECUTIVE SESSION -- Financial Affairs of the City
MOTION:
Council Member Smalley MOVED to convene in an executive session of the Council of
the City of Kenai, concerning a matter, the immediate knowledge of which would
clearly have an adverse effect upon the finances of the City of Kenai and requested the
City Manager, City Attorney and Library Director to attend as well. Council Member
Eldridge SECONDED the motion.
VOTE:
Porter Yes Smalle _ Yes Moore _ _Yes
Eldridge Yes Ross ~ Yes Molloy i Yes ~f
Boyle ~ Yes j
MOTION PASSED UNANIMOUSLY.
Council Member Moore left the meeting at 10:50 p.m.
EXECUTIVE SESSION: 10:30 P.M.
BACK TO O12DER: 10:59 P.M.
KENAI CITY COUNCIL MEETING
MAY 6, 2009
PAGE 18
Council Member Smalley reported that during the executive session, council gave
direction to the city Manager with regarding to financial issues of the city.
ITEM ~:• °D.TOTJRNMENT
MOTION:
Council Member Eldridge MO\lED to adjourn and Council Member Smalley
SECONDED the motion. There were no objections. SO ORDERED.
There being no further business before the Council, the meeting adjourned at
approximately 11:02 p.m.
Minutes submitted by:
~~
Carol L. Freas, City Clerk
*The student may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast prior to the official council vote and
shall not affect the outcome of a vote. Advisory notes shall be recorded in the minutes.
A student representative may not move or second items during a council meeting.
R~~E~ ~ C~Ll~4Ctt
.~"ao ~
I~ENAI CIT9~Y C®UPryTCIL~gMEETII+TC
MAY 6y 2®®'J
VICE MAY®R RICI{ R®SS, PRESIDIIQG
MARTIAL VERBATIM
ITEM B: SCHEDULED PUBLIC C®MMETTTS
Comments of Kathy Johnson
ROSS: Next presentation is Kathy Johnson. Is Kathy Johnson here?
SMALLEY: If we could just maybe take a minute or two break while the, maybe the,
those that wanted to leave can shuffle out. Anybody else?
ROSS: And those who are sitting on the floor, you can now find a seat if you
wish, as well as those who are standing.
Okay Ms. Johnson, if you'd give your name and address for the record please.
JOHNSON: My name is Kathy Johnson. I live at 5345 Kenai Spur Highway, in the
Thompson Park area. My mailing address says Kenai.
My husband and I purchased our house just a little over two years ago and it was
limited commercial zone. We've built a new building in front of our house which is my
hair salon: Tailored Image, Incorporated. I know half of you and my building passed
all city inspections. I came to the city first to check the zoning before we even
purchased our property. We didn't even go to the bank to inquire about a loan until I
knew the zoning. That's what attracted me.
I've been open for business just over a year now and now, now the zoning is changing
and I'm not, I'm not happy about going to a conditional use permit. That would not
have attracted me to buy my property, invest in my house, invest in my building, and
now invest in my business.
I'm quite concerned about my permittable use being taken away and what that will
mean to me in five, ten, fifteen, twenty years when I go to resell. I have a letter from
my realtor that says it does affect me, even though the last meeting I was here,
someone up there, said it wouldn't affect me.
I've called my bank and they also said that, to take a loan against a conditional use
permit would be harder. It wouldn't be impossible, but it would be more difficult. I've
also talked to my insurance agent cause someone, you know, I'm trying to sift through
the fact and the fiction here, and someone has told me that if my business burnt down
and the city did not want to let me rebuild, I wouldn't be able to on a conditional use
permit. That doesn't attract me at all.
I'm a hairdresser. The last meeting, you. know, I didn't have a first name really and so,
I am a hairdresser, but I want to point out a few things. There are currently licensed
hairdressers. In Kenai there are 59. In Soldotna, there are 69. Manicurists in Kenai,
there are ten. In Soldotna, there are 36. Instructors in Kenai, there are six.
Instructors in Soldotna, there are two. Shop owners: There are 14 in Kenai. In
Soldotna, there are 53.
The reason I bring this up is because, though this is just a small profession, I take it
seriously because it's my livelihood. I don't just have an in-home business where I'm
trying to go ender the radar and not pay sales tax. I have a building in front of my
property with a sign on it I'm ligit. I've done everything to meet the criteria that says
that I could. be open.
I invested in myself and my profession. I pay sales tax. I pay property tax. I hold a
hairdressers license, an esthetician license, soon an instructor license, all that I pay at
least a hundred dollars a year to have. I also pay a shop owner's license and a
business license, so to me this is very real. I pay for at least five licenses a year just to
be Legal and I'm not excited about a conditional use permit. When I bought, it was
permittable anal I'm hoping that it can stay that way.
I've looked up the conditional use permits and I've learned that they're given when you
can't operate in an area that is not zoned for your type of business. Again, that's not
what I bought into. My business does not destruct the character of my neighborhood
where I'm located. I happen to love where I'm located. I purposely bought there. I
was attracted to the LC zone so that I could have my dream on my property.
The last letter I got from the city was to say that, was dated, December 12th and again
in that land. use table, it showed that beauty salon under personal services, would still
be permitted. The town council says that this rezone is for, and I quote, "economic
growth." But pulling permittable uses, feels like you're going the wrong way to me.
Changing the uses in the limited commercial is not the answer I'd take. Perhaps you
need more structure or revision of them, but again, I thought you had a lot of
structure in it. You know, it said I couldn't have a building more than 3,000 square
feet. It said I had to have landscaping if I had this. It said I had to have parking space
per customers. You know, it had criteria that I had to meet. If you need to revise it, I
would understand it. To me, that's no different than updating an electrical code or a
PARTIAL VERBATIM
MAY 6, 2009 COUNCIL MEETING
PAGE 2
plumbing code that I would gladly adhere to. But to just yank the permittable use
away and Yell me I have to go to conditional, it doesn't feel good. It feels after we
started playing a game, you're changing the rules and I don't think that's fair and it
kind of makes me want to fight.
I know you're in a tough place and this is a hard job. I wouldn't want to be listening
to everybody's gripes, but I don't believe I agree with what the person in front of me,
sorry, I'm drawing a blank, Mark, his name, said, I don't agree that one zone or one
thing here is going to fit all for everybody along Kenai Spur Highway. I've already told
you I'm trying to shift through the facts and fiction, but Thompson Park, as far as I
know, used to be general commercial. I've been talking to some of my neighbors and
they're also business owners in the front. I bought it expecting it to grow. I live on the
highway. You know, I understand that the last meeting there was a concern for the
traffic. Well, my neighbor is the gas station. When it was open, no one told how many
people could go in and out of that business and if the concern is the traffic, then I'm
thinking the answer would be to lower the speed limit. I know that when I'm putting a
left hand blinker on, coming from Soldotna to get in my driveway and someone passes
me on the right at 65, even though it's only 55, it shakes my truck. So, yeah, I
wouldn't be, I wouldn't mind the speed limit dropping. You know, a year ago, you
clear cut on the other side because we were told afour-lane highway was going to
come. So, I did buy my property expecting it to grow in the direction of bigger and
better, not restricted and less.
I was more expecting the change to come into maybe pushing Thompson Park area
into general commercial, not the opposite way of pulling permittable uses out of the LC
zone. In the Clarion newspaper, Friday, April 13th, when commenting on why this was
happening along the Kenai Spur Highway to LC, the city said, and I quote, for the city
to grow, property along the highway corridor is needed for commercial development,
unquote. I just don't see how conditional uses is good for growth, especially if you say
you need it for commercial, I think that more commercial things should be
permittable.
I'm here tonight to ask you to amend this ordinance. I don't know. Separate
Thompson Park out of it? I don't know. Because it can't be the same or work for
everyone down the street. You know, I happen to live in Thompson Park. It is
affecting me. That's why I'm here, but I will join forces with other neighborhoods that
I feel like it's affecting, it's affecting negatively or wrong. I'm asking to be
grandfathered in. I'm asking three things. I've come up in my mind with three
solutions for me. One would be, grandfather me in; allow me as existing, permittable,
and I'll stay happy. Second would be to reconsider the personal services, maybe divide
PARTIAL VERBATIM
MAY 6, 2009 COUNCIL MEETING
PAGE 3
them up. Maybe hairdressing and sewing places are permittable, but maybe
something else is not and would need a conditional use. But it still, allow that
business to be able grow and stay where they're at. Or, the third would be to push
Thompson Park to general commercial cause again, my neighbor is the gas station and
we use, we're ready for that, I mean mentally, Pm expecting that.
And, I didn't know I'd have two minutes left, but that's, that's what I'm going to end
with and thank you for your time.
ROSS: Ms. Johnson? If I could briefly. The ordinance is on the consent agenda
tonight, but it's up for public hearing in two weeks. I'm going to ask the Clerk if she'll
do a verbatim of your conversation with us tonight, for the administration to address
at that public hearing. But I would encourage you to come back in two weeks when
we actually address the ordinance.
JOHNSON: Oh, I plan on being here.
ROSS: All right, thank you. Are there any questions?
PORTER: Mr. Vice, I had a question or comment.
ROSS: Well, you're in line. Go ahead Mr. Moore. Oh, it's nice being the Mayor,
Vice Mayor.
PORTER: Hello.
ROSS: Pat, Joe Moore had his hand up in front of you so.
PORTER: Okay, that's okay, go ahead.
ROSS: Okay Joe, go ahead.
MOORE: Wow. Thank you. Just a couple of things. Thank you for your
testimony. I agree with a lot of what you said. Did you participate in the Planning 8v
Zoning meetings in which this ordinance that we have on our consent agenda was
discussed and voted on?
JOHNSON: No sir. December 12th was the last information I got and I checked my
personal services. It still said permitted and I believe when you had that, I was out of
state. When I got back, just after April 5th, I think I got back, or April 6th, I had at
PARTIAL VERBATIM
MAY 6, 2009 COUNCIL MEETING
PAGE 4
least a dozen phone calls from neighbors all the way up to Wal-Mart, calling me saying
hey you need to be here and I was here at the last meeting. I don't know if you were,
but I was and I plan on being at the next.
MOORE: Thank you. No, I wasn't at the last meeting, but, you know, we can,
council has the ability to change any ordinance before we vote on it, so if you can be at
the next meeting, that would be great. Real quick, finally, was the comment you made
about wanting to be grandfathered in. Could I get the administration interpretation? I
believe an existing use is a, anon-conforming permitted use?
GRAVES: I don't know the particulars of your situation, but I can, I can tell, the
general rule is, if you're an allowed use in a zone and that allowed use has changed,
you're what, in our code, is called the non-conforming use, which means you're still
allowed to continue, whicb a lot of people call grandfathered in. Now, there, there are
particular rules...
JOHNSON: I don't like the non-conforming part of that.
GRAVES: Right, I'm just saying, you wouldn't have to get a conditional use permit.
You're grandfathered in, but there are issues related to that.
JOHNSON: I'd still be concerned about the value of my property in reselling and...
GRAVES: And I understand that. I was just trying to explain to Mr. Moore...
JOHNSON: I was permittable. That's why I bought and built there.
GRAVES: I understand. I was just trying to explain, you wouldn't have to get a
conditional use permit. You would be non-conforming. But I understand your
concern about the related issues and I'm not trying to diminish those, I'm just trying...
JOHNSON: Okay, I just want you to know, I think of things in how many haircuts I
need to do to pay for things.
GRAVES: Right, I understand.
ROSS: Mayor Porter.
PORTER: I just want to thank Ms. Johnson for coming and giving those comments.
It is on our agenda to have a public hearing at the next meeting, but that said, she
PARTIAL VERBATIM
MAY 6, 2009 COUNCIL MEETING
PAGE S
brought up some really good points. I agree with Councilman Moore and I think we
need to take really good look at some of the changes that we've proposed to do and I
really Like her idea of maybe splitting up personal services, but we'll see what happens
next time and it doesn't mean it has to be completed at the next meeting. We can
always delay it if we still need to work on it a few more weeks. I want to thank her
very much for coming with those comments. Very nicely done, Ms. Johnson.
JOHNSON: Thank you.
ROSS: Councilman Eldridge.
ELDRIDGE: Yeah. I thank you very much for your comments as well and I have some
of the similar questions and problems with the proposed ordinance that will be before
us next week and I will, I had already planned to offer a substitute ordinance which
would allow such....
JOHNSON: Awesome. Is that next week or the 20th?
ELDRIDGE: ...beauty parlors to be permitted.
JOHNSON: The 20th. Okay.
ELDRIDGE: Yeah, the 20th is the next meeting.
JOHNSON: Thank you.
ROSS: Thank you.
Testimony of Anthony Pisa:
PISA: Good evening. My name is Anthony Pisa and I reside at 39575 Moose
Range Drive. I also have a business in the Thompson Park area. I am Anthony's
Transmission, General Automotive Incorporated. We are also become recently a AC
Delco total service support center in lieu with everything that's going on with GM, the
AC Delco Parts ~ Service Program is one of their, actually doing very well for GM.
Obviously, with the questions on what's going to be happening with our GM store
down here, we're pretty excited to be working with GM and having a great relationship
PARTIAL VERBATIM
MAY 6, 2009 COUNCIL MEETING
PAGE 6
with them. As Mrs., as Jackie was talking about, Jackie Johnson was talking about
her issue in Thompson Park, I've been there for just about four years in July, and we
started off by renting the property and it was a split business. There were actually two
businesses on that piece of property with electrical, home electrical, and home
plumbing. I started off by taking over one-half of that. The other half was vacant. We
soon grew with employees and the amount of service work returning to my shop,
probably in the second year we, you know, probably the first, the end of the first year
towards the second year, we actually took over the complete building.
Obviously we've grown. We have two service writers that are dealing directly with
public, service write up. We employee four technicians and my wife is working all the
books. Looking to establish ourselves there, which we've had over the Last four years,
that property has come up for sale and this is, we didn't know any of the restrictions,
or when they changed either.
Where we're at now is what Mrs. Johnson has brought up. We're at a point where
we've got no more room to put in. We can't stock an inventory for AC Delco because
the zoning restrictions. We can't add on to the existing business and it's really
affected some of the decisions on actually purchasing that property or moving, or
having to move. We don't want to move because we are established there. It's very
nice, but it's also, it's just concerning. You look at the city of Kenai and I am one of
only two independent shops in this town. But it's also a good thing, you know. We're
really the only independent service station on the Kenai Spur Highway. So, as Mrs.
Johnson. had to say, we are very, very concerned about the zoning.
ROSS: Just a quick question. Are you saying that the current zoning that
you're in is restrictive or the proposed zoning is what is causing you the problem?
PISA: Well, you know, I, I really don't, where we're at right now is where we're
not able to even expand. If I, if things don't change, you know, from a limited
commercial use to a general commercial, I don't know what we're going to have to
jump through to add on. Right now, we're at the point, well, do we even want to
purchase this property? Because, if I purchase it, I'm locked into this is your little box
and that's what you got to work with...
ROSS: So, the problem you have is with the current zoning, not with the
proposed ordinance. That may, but, the problem you're up against is the current
zoning?
PARTIAL VERBATIM
MAY 6, 2009 COUNCIL MEETING
PAGE 7
PISA: The current zoning and possibly just being limited to what's coming up.
I'm with Mrs. Johnson, I don't know what that's going to entail for my business either.
You know, if it was general commercial. before, why did it, why did it change to a
limited commercial and now we can use it as a...I don't the whole effect on, you know,
what can it affect me as my business.
ROSS: The zoning in place as it currently is, was that the zoning in place when
you bought the property?
PISA: I haven't bought the property, I don't have...
ROSS: I mean, when you moved into the property.
PISA: I don't know. I don't believe it was.
GRAVES: I think it may have been general commercial and changed to limited
commercial.
ROSS: Also, I, before you, I'd also point out the same thing to you as Ms.
Johnson, in case you didn't hear it. The ordinance on limited commercial is up for
public hearing in two weeks and I would encourage you very much. Also ask the Clerk
to have a verbatim of your comments.
Councilman Eldridge.
ELDRIDGE: Yes. Well first congratulations on having a business that's expanding
and being profitable. But, you're right. It was general commercial at one time. That
stretch was made limited commercial and some of the restrictions that are proposed in
the ordinance coming before us in two weeks, would limit your type of business and
many others. I think there's, there's probably a couple of things needed to be
addressed with the Limited. commercial. One is I agree with you and Kathy that some
of the businesses there as not, as needing conditional use permits are not appropriate.
They should be permitted. That's what the zone is developed for. That's why we put it
together. And the other thing is we need to look at the ability for people to expand
their operation, their business, you know, once, once they get established and as in
your condition, where you need to expand to expand your business. So, we will be
looking at that and there will be a substitute ordinance and we'll try to rectify some of
those issues at the next meeting.
ROSS: Councilman Smalley.
PARTIAL VERBATIM
MAY 6, 2009 COUNCIL MEETING
PAGE 8
SMALLEY: Thank you Vice Mayor Ross. Have you had a discussion with GM with
regard the potential restrictions and the existing restrictions on your business as it
might relate to product that you might be expected to carry?
PISA: Well, mostly everything that we're carrying right now is AC Delco which
covers probably about 95, maybe 85 to 90 percent of parts direct only and
replacement parts for Chevrolets, the whole GM line. Some parts are restricted only to
GM that AC Delco doesn't provide, but AC Delco also does provide parts that just
about, Fords, Dodge, any type of Chrysler, imports, and stuff like that also.
SMALLEY: I guess what I was referring more to was the relationship of doing
business on a piece of property or on property that may, in fact, have non-conforming
use restrictions attached to it. And I say, may, because we haven't dealt with it yet.
PISA: It's, it's been talked about, but it hasn't been, it hasn't been, you know
final.
ROSS: Any other questions? Thank you.
Comments of Raquel Pisa:
PISA: My name is Raquel Pisa and I live at 39575 Moose Range Drive and my
husband and I own Anthony's Transmission and yes, we'll be here in two more weeks.
What we are concerned about right now is we are limited commercial. If we change to
conditional, how can I explain this... We used to be here, general commercial, when
we wanted to purchase the property. Then we bumped, we were bumped down to
limited commercial, which we didn't know, because we weren't the owners of the
property. He is actually out of state and we are dealing with the landlord, I guess, who
would be the son in law.
So we were bumped down to limited commercial, but in the meantime, we thought we
were still general commercial and we were going to purchase the property. Now we're
at limited and now we're looking at possibly going to get a conditional use license on,
instead of being limited, we'll have a conditional use, and we're worried about
variances. We don't, I'm not positive about all the information that comes with the
variance or what we have to apply, or are there still going to be a lot of rules and
conformities that we'll have to deal with. I don't know the expense of it I don't know
if that's the answer because then I feel like we're halfway up. So, we would like to go
PARTIAL VERBATIM
MAY 6, 2009 COUNCIL MEETING
PAGE 9
back up all the way up, to general commercial, where the business started and where
we picked that property because of the commercial zone and it was right on the
highway frontage. It was a great opportunity for us at the time.
We do have quite a few employees as my husband has said and if we're able to
expand, we can hire more employees which would bring more revenue to the city of
Kenai as what I was thinking. We pay our taxes. We try to live by the rules. So, if we
could talk, I guess talk about this in two more weeks and move up to possibly general
commercial again instead of having to jump through more hoops with the variances
and going conditional, I would greatly appreciate that.
ROSS: Thank you. Any questions?
MOLLOY: Vice Mayor Ross, may I comment on that?
ROSS: Sure, go ahead.
MOLLOY: Thank. I want to thank Mr. and Mrs. Pisa for coming and speaking. You
know, I would, I guess, personally and individually, I would tend to look favorably
upon, you know, an application, to rezone the property back to general commercial.
The reason being that, perhaps we may have made a mistake at the time that we did
the rezone with respect to that property. You know, you can`t really undevelop what`s
being developed and it really is a general commercial industrial use, so you know,
rather than a lot of variances, etcetera, etcetera, you know, I would tend to look at
that favorably. Thank you.
End of verbatim.
Vejrb~atim prepared by:
Carol L. Freas, City Clerk
PARTIAL VERBATIM
MAY 6, 2009 COUNCIL MEETING
PAGE 10