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HomeMy WebLinkAbout2011-10-05 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Mayor Council - Bookey, Boyle, Gabriel, Moore Clerk City Manager Library City Attorney p Finance _. ,, Fire Department h . Cunningham Kebschull Clarion Student Rep. Hall Binder KSRM Mellish Schmidt ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish 86 Schmidt pick up their packets in the Clerk's Office. COUNCIL MEETING OF: )(27-A' L: 5-0 ) DALY MARQUIS MOLLOY BOYLE M S V PORTER Y' BOOKEY S V DALY MARQUIS MOLLOY BOYLE Y PORTER MOORE GABRIEL BOOKEY Y Page —t- of -4- M S V DALY 1 MARQUIS Y MARQUIS 1NJ MOLLOY MOLLOY BOYLE Y BOYLE PORTER �✓ MOORE 1' GABRIEL MOORE BOOKEY ®� GABRIEL Page —t- of -4- DALY MARQUIS y MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY M S V DALY MARQUIS 1NJ MOLLOY BOYLE PORTER 1' MOORE GABRIEL BOOKEY DALY MARQUIS y MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY COMMENT SIGN-UP SHEET MEETING OF: \ 0 5 I NAME MAIL NG ADDRESS TOPIC OR AGENDA ITEM? 11 1 yI 24 LI /9 6Q/I A43 ria / 0) 76 <64c(1,1 Sit ij c 6,4 AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 5, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM 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. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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 (Public comment limited to ten (10) minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2584 -2011 -- Increasing Estimated Revenues and Appropriations by $21,300 in the General Fund -- Non - Departmental for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town, Kenai 1 2. Ordinance No. 2585 -2011 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai 6 3. Resolution No. 2011 -70 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $814,600 Utilizing the State of Alaska Cooperative Fleet Purchasing Program 24 ITEM E: MINUTES 1. *Regular Meeting of September 7, 2011 25 2. `Regular Meeting of September 21, 2011 50 3. *Work Session Notes of September 27, 2011 62 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding 63 15,000 64 mission 65 66 3. Approval Item -- Legal Counsel for Planning and Zoning Co 4. Approval Item -- Expenditure for Items Related to Clerk Retirement ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 68 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention and Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 74 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION -- discussing pending litigation of which immediate knowledge would have an adverse effect upon the finances of the City and to give direction to the City Attorney regarding the handling of a specific legal matter -- Tammy Spillman v. City of Kenai, Superior Court Case No. 3KN -11- 00693 CI. ITEM L: PENDING LEGISLATION -- (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING 1. Purchase Orders Between 52,500 and $15,000 for Council Review 76 2. Budget Transfer in Capital Projects in excess of $5,000 3. Thank you Letter from CIRCAC dated September 26, 2011 77 KENAI, SKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2584 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S21,300 IN THE GENERAL FUND - NON- DEPARTMENTAL FOR A NATIONAL HISTORIC PRESERVATION ACT GRANT PROVIDED TO THE CITY FOR PLANNING PRESERVATION ACTIVITY AT THE HOLY ASSUMPTION OF THE VIRGIN MARY RUSSIAN ORTHODOX CHURCH, A NATIONAL HISTORIC LANDMARK, LOCATED IN OLD TOWN KENAI. WHEREAS, the Holy Assumption of the Virgin Mary Russian Orthodox Church (the Church), in Old Town Kenai, has been designated a National Historic Landmark by the National Park Service; and, WHEREAS, the Church is one of 49 National Historic Landmarks in the State of Alaska and is a large visitor draw to our community every year; and, WHEREAS, Kenai City Council Resolution 2010 -55 authorized the City's Administration to submit application for grant funds to assist in renovation efforts at the church; and, WHEREAS, the Church has received a "Historic Preservation Fund Grant" to be administered by the State of Alaska Historic Preservation Office for planning and design of alarm and fire suppression systems and an outbuilding for mechanical equipment; and, WHEREAS, the $12,780 Federal Grant requires a local match of $8,520; and, WHEREAS, preservation of Kenai's only National Historic Landmark is important to the community's history and culture. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Reven.ues: Appropriation of Fund. Balance Federal Grant $ 8,520 12 780 $21,300 Increase Appropriations: Non - Departmental - Grants to Other Agencies $20,000 Non - Departmental - Professional Services 1,300 $21,300 New Text Underlined- )DELETED TEXT BRACKETED) 1 Ordinance No. 2584 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of October, 2011. ATTEST: Corene Hall, Deputy City/Clerk //) Approved by Finance: PAT PORTER, MAYOR Introduced: September 21, 2011 Adopted: October 5, 2011 Effective: October 5, 2011 New Text Underlined [DELETED TEXT BRACKETED] 2 "Tillage with a Past, Ci with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794tV Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 I I I l l t 1992 VIN;VIO: TO; Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administratio ,' 't DATE: September 14, 2011 SUBJECT: Ordinance No. 2584 -2011 — Historic Preservation Fund Grant r On October 6, 2010, City Council passed Resolution No. 2010 -55 authorizing you to submit an application to the State of Alaska, Department of Natural Resources for a federal share matching grant for a Historic Restoration Project for the Virgin Mary Russian Orthodox Church. The City applied for the grant to assist the Church with funding the fire suppression and alarm system designs. Due to federal funding, the grant cycle was delayed. In August, the City was notified the grant application had been successful and the City and Church had been awarded a grant totaling $21,300. This is a matching reimbursable grant. Ordinance No. 2584 -2011 will appropriate the funds for this worthwhile project. Attachments: 1, Resolution No. 2010 -55 3 CITY OF KENAI RESOLUTION NO. 2010 -55 Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE ADMINISTRATION TO SUBMIT TO THE STATE OF ALASKA AN APPLICATION FOR A FEDERAL GRANT FOR A HISTORICAL PUBLIC PRESERVATION EDUCATION PROJECT FOR A HISTORIC RESTORATION PROJECT IN THE TOWNSITE HISTORIC DISTRICT OF KENAI, ALASKA. WHEREAS, pursuant to the National Park Service Historic Preservation Act of 1966, certain federal share matching grants for historic preservation projects are available to certified local governments; and, WHEREAS, the Holy Assumption of the Virgin Mary Russian Orthodox Church (the Church), in Old Town Kenai, has been designated a National Historic Landmark by the National Park Service; and, WHEREAS, the Church is one of 49 National Historic Landmarks in the State of Alaska and is a large visitor draw to our community every year; and, WHEREAS, the Church has received a "Save America's Treasures Grant" to be administered by the National Parks Service for restoration and preservation of the landmark; and, WHEREAS, preservation of Kenai's only National Historic Landmark is important to the community's history and culture, and serves a public purpose; and, WHEREAS, Ordinance No. 2469 -2010 provided $10,000 in support of this project; and, WHEREAS, due to concealed conditions, additional funds are necessary to complete the restoration of the Church; and, WHEREAS, the Council is fully cognizant of the obligations and responsibilities that will be incurred by the City of Kenai upon acceptance of such a grant, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1. The Council hereby authorizes the City Manager Rick Koch to submit an application to the State of Alaska, Department of Natural Resources, for a federal share matching grant for a Historic Restoration Project in the Old Town District of Kenai, Alaska. 4 Resolution No. 2010 -55 Page 2 of 2 Section 2. The Department of the City Manager is established as the agent for City of Kenai for administration of this project. Section 3. If the City of Kenai is awarded the grant for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska, the Council will introduce an ordinance providing matching funds for this project. Section 4. Effective Date. This resolution shall be effective immediately upon adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October, 2010. ATTEST: 4- -04-e , Carol L. Freas, City Clerk Approved by Finance: 1, l PAT PORTER, MAYOR New Text Underlined' [DELE'PED TEXT BRACKETED) 5 the city o f KENAI,, ALASKA Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2585 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING UPDATED ZONING AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI. WHEREAS, Kenai Peninsula Borough Ordinance 90 -31 delegated authority to the City of Kenai to make land use amendments to the Comprehensive Plan; and, WHEREAS, the City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, when amendments to the Official Zoning Map are made, an update to the zoning and land use plan maps within the Comprehensive Plan should also be made to provide current information in the Plan; and, WHEREAS, the last update to the zoning and land use plan maps within the Comprehensive Plan occurred in August 2010; and, WHEREAS, since August 2010, amendments to the Official Zoning Map have occurred; and, WHEREAS, an amendment to the Comprehensive Plan zoning and land use maps is necessary to incorporate the amendments to the Official Zoning Map; and, WHEREAS, the City of Kenai Planning as Zoning Commission held a public hearing on September 14, 2011, and unanimously recommended that the City Council adopt updated zoning and land use plan maps to show current zoning and land uses within the City of Ken.ai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a non -code ordinance. Section 2. Replacement of Maps Within the Comprehensive Plan: The zoning and land use maps of the City of Kenai Comprehensive Plan, maps 6, 10, and 11, are replaced, respectively, with the updated maps as shown on Attachment A, Attachment B, and Attachment C to this Ordinance. Section 3. Effective Date: Pursuant to KWIC 1.15.070(f), this ordinance shall take effect one month after adoption. New Text Underfin.ed (DELETED TEXT BRACKETED] Ordinance No. -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of October, 2011. A11EST: Corene Hall, CMC, Deputy City Clerk PAT PORTER, MAYOR Introduced: September 21, 2011 Adopted: October 5, 2011 Effective: November 5, 2011 New Text Underlined. [DELETED TEXT BRACKETED] 7 9 . . E Map Update 2011 0 141 "Village with a Past, Ct with a Future N: VIO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -77941 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 11111/ 1997 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: September 14, 2011 SUBJECT: Comprehensive Plan — Annual Review Under KMC 14.05.010(a)(3), the Planning and Zoning Commission is required to, "Review the City of Kenai Comprehensive Plan on an annual basis and conduct a minimum of one (1) public hearing. Said recommendations shall be forwarded to the Council for consideration." The Planning & Zoning Commission held a public hearing on September 14th and recommended Council adopt the updated zoning and land use maps for the Comprehensive Plan. As part of their review, the Commission was provided a table showing status of the Plan's implementation measures. With the beginning of the update of the Comprehensive Plan, there has been very little activity this year. There were two zoning amendments since last year's update. Attached is a report showing the information on these amendments. As result of the zoning amendments, the zoning and and use maps have been updated. The updated maps are provided as Attachment A, B and C to the ordinance. Attachments 1. Implementation Measures 2. Zoning Amendments 11 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZI1 -33 A RESOLUTION OF 1 HE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL ADOPT UPDATED ZONING AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI. WHEREAS, The Kenai Peninsula Borough Ordinance 90 -31 delegated authority to the City of Kenai to make Land Use Amendments to the Comprehensive Plan; and, WHEREAS, Kenai Municipal Code requires the Commission to review the Comprehensive Plan on an annual basis; and, WHEREAS, The City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, Amendments to the Official Zoning Map require updates to the Zoning and Land Use Plan maps within the Comprehensive Plan; and, WHEREAS, the last update to the Zoning and Land Use Plan maps in the Comprehensive Plan occurred in. August of 2010; and, WHEREAS, Amendments to the Official Zoning Map have occurred since August 2010 requiring an update to the Zoning and Land Use Plan maps within the Comprehensive Plan; and, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council update the City of Kenai Comprehensive Plan with adoption of the updated City of Kenai Zoning, and Land Use Plan Maps as shown on Attachment A (Map 6), Attachment B (Map 10), and Attachment C (Map 11). Dated at Kenai, Chairm ber 2011. Al I EST: 12 City of 1 ^I^r.° ,e P1. - Map Update 2nit PZ11 -33 - Attachment A Kenai Tour • Map 6, Existing Zoning, City of Kenai, 20 N 4, j4 , yl, Cnc nle, Constrvrdon LIMKed CDT, Legend 2urTl Rnaiten!ial 4mal Residemlelt kb " '�RpSideetl Dl bbnerelCon, ie3ry lndrntial Retread, -111wroan RCi■dnnfal', tzubu2nn Reskentin12 MrorttTownsla Etlacalon Kevin Waring Associates 7 City of K, rrr0I 90 r, c P!Rn - AS =n U( 2011 Map 10. Land Use Plan, City of Kenai, 2011 City of Kenai Cori idary Frarpcwcrk- Gook rr;: Legend ' Tod maurvN! *se Cay Camer 95mrp C,,anerclal Conservmcmpprn Space Mustrel 'Wind Us=_ jhPOTaodCOmm!rC- IrIBbborlwodRes'tleMial Rural Resiticnlial Pm:onm,em n.O penunm De .i Dmrca {S9 Townson Misto t Dletln 9,tppspd Kenai River GalnwaY NMIUmI Nex P,oposrd CoaMttT ti 0 0.4 0.8 I 1.6 Miles Kevin Waring Assncietes 27 City of ^preh =Pave Pion - 44 2011 n Jf iy 3 I1FTi ! �- P ,L 1 f' {� P` _Jill I,_� 5 rlU bEa J 1 Lm H 1 L 171E3E4. 1 -6 _1 `it �,`+ jtikl� t --ic b Lli% ! iD -I I 1 -_, Et1;uf`1`UJ G j� �,L__ J 1 ±1I I f I _II._ II._.� kil �'.i' ._ ` _J±- J r - -. I . In ;1-0.� l rte;. r< mil 11aM 7 - Cook inlet Legend 77:7 *port indnmnaf v cb center f¢rt1A`COmmer■al E22 Op A d • enders ea,.vmoocr.ssre IDmmensAn Hisfotic DisinC Mffit M vgndU' Proposed Kenai River wd Use Gateway Natural 4rna lnneomond co„n,nwi """ " Proposed COS9af Trail rtiOhOmnod Rnnnaennaf RUraiRe51t1Cntief 0 0.125 0.25 0.5 Miles Kevin Waring Associates 2 City o1 ampr- 'nsive °Ian -Map Up date 2011 Attachment A Kenai Today Map 6, Existing Zoning, City of Kenai, 2011 ":1111:111 . Cook Inlet i 1 `y f Legend OD ,eralRevOnirat ••ed Commertiat Rural ROadenfa11 Nmnn :Womb 1 .4irban Residembp General Co +•rcn s1 6uMlban Reedwfiul2 t 79X'i'C0a1,i ifigeHea 6ufuSfial 1-65101■c1'wmsik Reuenl, dueat■n Kevin Waring Associates 17 City of h mprehensWe Ptan - Map Update 2011 Attachment B Framework uture ap 10. Land Use Plan, City of Kenai, 2011 m 03. City of Kenai Corporate Bou Legend Nog Nmnn intlusvml rots`. my Center S Cenral cammen al Propoaad Nryon- Dependen r i n Dave1opnem olMXd conurvauoNOpen Spann towns msone Omnd _ .auruxil Propenoa Kp.n RPM' Mixed Use Gateway NMurnI Alta Iagnbomond C.omneuel W"n4' P!OIdK d Cnattal Tr" lerpnmmood Rosdennel *net Resoentel 0 0.4 0.8 1.6 Miles 1 1 1 1 1 1 1 1 1 Kevin Waring Associates 27 City of l mprehe-^iva Mar - Abep Update 2011 ■ Map 11. Land Use Plan, Kenai City Center, 2011 0 Legend import ln4usbwl *T. Gay Cenlot ^omrei Comm «u.M Frolics a wmnn -0epee:We; ® omm mi them ornnn onsenstiom ✓Open Seace E Terms#* 111Modo Oislne hdustlml r- - %oPoSOE eenal Mew gain Mixer Use Gateway Natural Area i Nolghbomood Ooomcral- - 'm FrOI'os¢U coastal Rai Neighborhood Rookie/MN RI Mai Roadentlnl 0 0.125 0.25 0.5 Miles l t I I Kevin Waring Associates 28 City of 1 ^I^r.° ,e P1. - Map Update 2nit PZ11 -33 - Attachment A Kenai Tour • Map 6, Existing Zoning, City of Kenai, 20 N 4, j4 , yl, Cnc nle, Constrvrdon LIMKed CDT, Legend 2urTl Rnaiten!ial 4mal Residemlelt kb " '�RpSideetl Dl bbnerelCon, ie3ry lndrntial Retread, -111wroan RCi■dnnfal', tzubu2nn Reskentin12 MrorttTownsla Etlacalon Kevin Waring Associates 7 City of K, rrr0I 90 r, c P!Rn - AS =n U( 2011 Map 10. Land Use Plan, City of Kenai, 2011 City of Kenai Cori idary Frarpcwcrk- Gook rr;: Legend ' Tod maurvN! *se Cay Camer 95mrp C,,anerclal Conservmcmpprn Space Mustrel 'Wind Us=_ jhPOTaodCOmm!rC- IrIBbborlwodRes'tleMial Rural Resiticnlial Pm:onm,em n.O penunm De .i Dmrca {S9 Townson Misto t Dletln 9,tppspd Kenai River GalnwaY NMIUmI Nex P,oposrd CoaMttT ti 0 0.4 0.8 I 1.6 Miles Kevin Waring Assncietes 27 City of ^preh =Pave Pion - 44 2011 n Jf iy 3 I1FTi ! �- P ,L 1 f' {� P` _Jill I,_� 5 rlU bEa J 1 Lm H 1 L 171E3E4. 1 -6 _1 `it �,`+ jtikl� t --ic b Lli% ! iD -I I 1 -_, Et1;uf`1`UJ G j� �,L__ J 1 ±1I I f I _II._ II._.� kil �'.i' ._ ` _J±- J r - -. I . In ;1-0.� l rte;. r< mil 11aM 7 - Cook inlet Legend 77:7 *port indnmnaf v cb center f¢rt1A`COmmer■al E22 Op A d • enders ea,.vmoocr.ssre IDmmensAn Hisfotic DisinC Mffit M vgndU' Proposed Kenai River wd Use Gateway Natural 4rna lnneomond co„n,nwi """ " Proposed COS9af Trail rtiOhOmnod Rnnnaennaf RUraiRe51t1Cntief 0 0.125 0.25 0.5 Miles Kevin Waring Associates 2 City Kenai - Zoning Changes 201021 201026 Rezone_ Monday, July 25, 2011 General Commercial to Limi 7/28/2010 Approved RR -11-1 Tony Doyle Lot 3A Karen Moore Subdivision 8/11/2010 Approved Cook Inlet Natural Gas Storage, LLC SE %SE% Section 4 Page 1 of 1 City Kenai - Zoning Changes 201021 201026 Rezone_ Monday, July 25, 2011 General Commercial to Limi 7/28/2010 Approved RR -11-1 Tony Doyle Lot 3A Karen Moore Subdivision 8/11/2010 Approved Cook Inlet Natural Gas Storage, LLC SE %SE% Section 4 Page 1 of 1 , • • ' ' E: City Center /Millennium Square ty0L1 Y CC _. RESOL7 L Al9 DEPT. STATUS •. Revise zoning code to create city center "overlay zone" Revise zoning code to create mixed use zone in city center Update beautification plan for city center Develop circulation and parking plan for city center Focus senior housing and related facilities and multi - family residences In and near city center CC? P Targets area defined for city center development planning A Promotes intensive mix of private and public activities. discourages inappropriate uses in city center i> More attractive city center A Safer vehicular and pedestrian circulation in city center, more efficient use of parking ➢ Strengthens mix of compatible uses in city center P &Z P &Z Parks & Recreation Public Works P &Z No Action. Central Mixed Use Zone (CMU) Ongoing No Action. No Action Locate civic functions and popular cultural, recreational, and entertainment activities in city center Adopt "overlay zone" development standards Prepare Millennium Square Development Plan CC2 F Intensifies public activities in city center ➢ Promotes year-round use of public buildings ➢ Protects scenic views of Kenai River, Cook Inlet, and Chigmit Mts. > Defines City's vision for the property and strategy for development Administration P &Z Administration, P &Z No Action No Action has been taken. Administration has recommended against overlay zones. Several concepts were developed and are included in the 2007 Airport Supplemental Plan. No action has been taken to proceed with development of this area. Continue planning and pursue funds for bluff stabilization Encourage establishment of a city center Business Improvement District (BID) Provide public amenities in city center Provide incentives such as tax abatement to foster private re- investment in city center CC3 A Protects long -tern economic viability of Millennium Square property and city center ➢ Coordinated private /public effort to revitalize city center > Sets up a financing mechanism to fund a vital, year-round, clean and safe city center ➢ More attractive environment for city center ➢ Creates a city center that attracts private and public investments Public Works City Manager Parks & Recreation, Public Works Finance, City Attorney Ongoing. In October 2007 $2 Million Bond was approved by Voters. No Action. Ongoing_ No Action. , • • ' ' E: City Center /Millennium Square ty0L1 Y CC _. RESOL7 L Al9 DEPT. STATUS •. Revise zoning code to create city center "overlay zone" Revise zoning code to create mixed use zone in city center Update beautification plan for city center Develop circulation and parking plan for city center Focus senior housing and related facilities and multi - family residences In and near city center CC? P Targets area defined for city center development planning A Promotes intensive mix of private and public activities. discourages inappropriate uses in city center i> More attractive city center A Safer vehicular and pedestrian circulation in city center, more efficient use of parking ➢ Strengthens mix of compatible uses in city center P &Z P &Z Parks & Recreation Public Works P &Z No Action. Central Mixed Use Zone (CMU) Ongoing No Action. No Action Locate civic functions and popular cultural, recreational, and entertainment activities in city center Adopt "overlay zone" development standards Prepare Millennium Square Development Plan CC2 F Intensifies public activities in city center ➢ Promotes year-round use of public buildings ➢ Protects scenic views of Kenai River, Cook Inlet, and Chigmit Mts. > Defines City's vision for the property and strategy for development Administration P &Z Administration, P &Z No Action No Action has been taken. Administration has recommended against overlay zones. Several concepts were developed and are included in the 2007 Airport Supplemental Plan. No action has been taken to proceed with development of this area. Continue planning and pursue funds for bluff stabilization Encourage establishment of a city center Business Improvement District (BID) Provide public amenities in city center Provide incentives such as tax abatement to foster private re- investment in city center CC3 A Protects long -tern economic viability of Millennium Square property and city center ➢ Coordinated private /public effort to revitalize city center > Sets up a financing mechanism to fund a vital, year-round, clean and safe city center ➢ More attractive environment for city center ➢ Creates a city center that attracts private and public investments Public Works City Manager Parks & Recreation, Public Works Finance, City Attorney Ongoing. In October 2007 $2 Million Bond was approved by Voters. No Action. Ongoing_ No Action. UVIPLENIENTATION EASURE_ .; Pi7LItSY _ RESULT LEAD DEPT.... .. STATUS .: City Center /Millennium Square CC Establish Millennium Square Task Force Prepare conceptual development plan for Millennium Square Identify source of any funds needed for site remediation Economic feasibility evaluation of Millennium Square development options CC4 ➢ Publicprivafe forum for planning A Creates blueprint for ongoing public and private decisions for development of Millennium Square ➢ Partner with native groups to insure that development plans respect the historical Shkiituk't site. ➢ Enhanced site development potential ➢ Financially sound development choices for public and private sectors Administration P &Z Administrative Public Works P &Z Kenai Economic Development Strategy (KEDS) Group was established to develop an economic development strategy for the community of Kenai and facilitate accomplishment of this strategy. 2007 Airport Supplemental Plan Pending further development plans for area. Pending further development plans for area. Pending further development plans for area. Review and update Townsite Historic District design standards CC5 ➢ Incentives for redevelopment of this important city asset 9 Facilitates private investment consistent with TSH District standards P &Z Reviewed in 2006. Decision not to update at the time but to reconsider in the future. IMPLEMENTATION MEASURE:. POLICY ... RESULT LEAD DEPT. _.... STATUS. _.... RESIDENTIAL NEIGHBORHOODS Subdivision R and Zoning Code Revisions > Review and update existing site design standards, landscaping and open space requirements > Review and update zoning district standards and procedures R1 R3 > inclusion of standards to reserve open space and parklands in new subdivisions. > Promotes Intl!! of existing lots already served by city services. > Retention of natural vegetation in new subdivisions . > Encourages creative subdivision designs. ➢ Provides for opportunity to add flexible zoning standards such as overlay zoning and mixed use zoning. Planning Dept. P &Z Pending - Limited Commercial Zone/Updated KMC 14 25 Revise landscaping standards and require larger setbacks between incompatible uses (14.05, 14.25, - 14 20, 14.24) R2 > Promotes the siting and design of land uses that are in harmony and scale with surrounding uses > Minimizes impact on established neighbor- hoods from incompatible, non - residential uses Planning Dept. Building Dept, Updated KMC 14,25 Zoning Code, Land Use Table and Development Requirements Table > Include standards for various housing types and densities > Revise code to allow residential uses in the commercial areas R4 > Provides incentives to promote creative neighborhood design > Allows for residences near commercial amenities and services > Encourages residential variety and options Planning Dept. Pending Central Commercial, Limited Commercial, and Central Mixed Use Zones CC /LCICMU Monitor types of residential development and rate of growth > Support federal and state programs for affordable housing R5 R6 > Provides for adequate affordable housing > Ensures an adequate supply of land is available for future residential uses Building Dept. Ongoing O IMP- LER%ENTATION NIEASUPE POLICY RESULT LEAD DEPT., STATUS; Commercial Land Use CM Tax incentives and Revision of Zoning and Development Requirements 9 Standards for compatible uses in mixed use zones (7.05, 14.20, 14.24) B City center overlay zone CM1 ➢ ➢ > Promotes reuse and rehabilitation of vacant commercial buildings Makes private and public investment attractive. Encourages positive commercial design and safe and reinvestment Planning Dept. Finance Dept. No Action CMU/LC Zones Decision not to proceed with overlay zone. CMU zone established. Street Improvements ➢ Pedestrian amenities Driveway entrances and access points (18.10.030, 18.10 050) CM2 A Promotes safe and pedestrian - friendly, walkable commercial areas Public Works. No Action. Zoning Code, Commercial District Regulations Landscaping standards ➢ Buffer yard standards A Setbacks, building heights, parking requirements (14.05, 14.25, 14.24) CM3 9 A H Ensures adequate landscaping and buffering between commercial uses and the highway. Provides for denser development with more mixed -use development. Establishes more suitable parking standards given the dynamic nature of commercial development. Planning Dept. Updated KMC 14.25 (Landscaping /Site Plans), KMC 14.24 (Development Requirements), KMC 14.20.250 (Off- street Parking and Loading Requirements) Amendment Procedures for rezoning areas for commercial uses (14.20.270) CM4 ➢ Adds criteria to amendment procedures to address access, setbacks and potential conflicts Planning Dept. No Action. industrial Land Use I IN i Amendment Procedures for rezoning areas for industrial uses (14.20270) 1N1 F Adds criteria to amendment procedures to address street standards, access and potential conflicts Planning Dept. No Action. Zoning Code, Industrial District Regulations (14.20.130, 14.20.140, 14.24) IN2 IN3 IN4 P ➢ A ➢ Conserves industrial districts for industrial uses Protects industrial land base Updates industrial zoning district intent statements Minimizes impacts from new industrial uses and establishes standards that address light, noise, traffic, dust and other impacts Ptanning Dept. No Action. N 1 MPL :: EN7AitON MEASURE , p6LICY [ RE UL$ ,..,. LgIAD DE 'Pt -.— — SjAte – Natural Setting N Revise definition and application of the existing conservation zone district N1 ➢ Clearer description of the intent of the zone and when and where the zone shall be applied. P &Z Administration No Action. Collaboration with Kenai Watershed Forum on viewing platform. Created one -way access for dock area and additional parking for dip net fishery , Re -open discussions with State on terms for joint establishment of Kenai River Gateway natural area N2 ➢ Creation of high- profile resident and visitor amenity with access and recreational improvements Continue pursuing funds for bluff stabilization efforts. N3 ➢ Preserves valuable public open space and scenic views. ➢ Supports Millennium Square development opportunities, Public Works Ongoing. $2 on Dollar Bond Approved by voters. Identify and limit development in designated natural hazard areas N4 ➢ Prornotes public safety and minimizes the loss of lives and property, A Retains hazard areas in their natural state. Creates opportunity for creative, innovative design of properties. Planning Dept., Public Works Ongoing. As areas are identified, boardwalks are being placed and fencing to discourage access to sensitive areas. Updated KMC 13.30.080 to protect areas from vehicle traffic. Develop map of public trails and open Space Post points of safe public access N5 ➢ Promotes use of public open space and trail system. F Promotes public safety and discourages use of unsafe access. A Minimizes trespass issues across private property, Planning Dept Public Works Casey Planning & Design preparing draft plan. Ongoing - signage placed as needed. KMC 13.20.040 Trespass Ordinance Establish private volunteer programs like "develop -a- park ", "adopt -a- park', and "adopt -a- stream" N6 A Supplements public efforts to provide and maintain recreational areas. A- Creates a sense of pride in and "ownership" for local parks and streams. A Coordinate program with other agencies. Parks & Recreation Beautification Committee oversees city gardens and adopts gardens. Pending Subdivision standards revised to include provisions for open space in subdivision design or by acquisition N7 ➢ Promotes incorporation of natural features into subdivision design. & Where appropriate, wetlands and drainage ways for natural functions and as open Space can be acquired and/or protected. P&Z, Public Works b) IMPLEMENTATION MEASURE POLKIY fiESULT LE ; D 6EPT. STATUSs ._...: _... ..;. Kenai Municipal Airport AP Update airport noise exposure map Send out direct mailing to property owners in noise exposure zone API A Federal requirements satisfied A Prevents or minimizes future and use conflicts Airport, P &Z Planning Dept. Updated with 2003 Plan. Airport will be updating the master plan which wilt include a new noise study. No action has been taken on this recommendation. Administration recommends against not cation unless mandated by code. Revise zoning code to adopt an overlay zone: "airport- dependent development district" AP2 A Retains suitable parcels available for future public and private airport- related development. > Minimizes future and use conflicts. Airport, P &Z No action taken. Administration recommends against overlay zoning and instead to rezone airport properties to zoning appropriate for airport use. Rezones are being processed as and is subdivided. Revise zoning of airport properties to comply with expected future uses AP3 P Streamline zoning reviews Airport, P &Z Ongoing —See above. P &Z review of proposed uses of airport property AP4 > Use of airport property compatible with Comprehensive Plan Airport, P &Z ALP (Airport Layout Plan) updated and approved May '09. Revise Airport Master Plan Land Use Plan APS A Plan conformity with expected uses Airport, Airport Commission 2007 Airport Supplemental Plan. The master plan update will begin in 2011. Transportation T Capital Improvements Program Statewide Transportation Improvement Program (STIP) T1 T2 A Transportation improvements coordinated with development A CIP and STIP are used to acquire needed transportation amenities — bikeways, trails. pedestrian paths Public Works Ongoing. Subdivision Code: A Review process revised > Design standards for rural and urban roads updated A Functional Road Classification System developed T3 T4 A Improvements are in place at time new development impacts occur. A Streets and blocks are connected in a pattern — connecting neighborhoods to each other and to businesses ➢ Pedestrian features included in development. ➢ A coastal and bluff trail system is designed and constructed. Public Works Being reviewed, Ordinance will be revised, Kenai Airport Master Plan T5 CIP supports airport - related development Airport Commission Airport has an AlP (Airport Improvement. Plan) for airport properties. co IMP)<.eivIENTATION MEASURE' .. _. POLICY ,:: RESt3L7 ., , .. .. LEAD DEPT. ..... -_.. STATUS:. '.. .... Community Facilities CF Sewer and Water Facilities Master PIan recommendations implemented. Subdivision Code (14.10) specifies when infrastructure to be constructed. CFI ➢ Infrastructure in place in conjunction with future development, ➢ GIP coordinated with infrastructure extensions. Public Works The City requires developers to extend water and sewer mains if necessary. Public Facilities designed and sited consistent with Comprehensive Plan goals CF2 ➢ Existing facilities are evaluated for deficiencies and improvements an a regular basis. P New facilities address projected demand and meet level of service requirements. Public Works Planning Dept. Ongoing. Coordinated school site selection and facility design. CF 3 ➢ Supports working relationship with school district officials. Administration No Action. Location and design criteria for new parks and recreation facilities added to Parks and Recreation Plan (14.25). Establish a system to support development, acquisition and maintenance with the private sector. CF4 CF5 r New parks and recreation facilities are designed and located consistent with comprehensive plan goals and policies. ➢ Neighborhood park development is supported. A Private - public collaboration for the acquisition, development and maintenance of parks is encouraged and supported. Parks and Recreation Parks and Recreation Draft park study prepared. No Action. City passes resolution supporting joint use. GF6 ➢ Joint use of facilities results from coordination between City and KPB School District. Parks and Recreation No Action. Coordinate infrastructure improvements with promotion of City Center and Millennium Square development. Zoning Code revisions to allow residential and commercial uses (14.20). Actively promote access to the city center using Signage. CF7 ➢ Residential and commercial use in the City Center continue and expand. te Tourism directed to City Center. ➢ Millennium Square "ready" for development when time and project comes along. ➢ Senior citizen residential and other services expanded. Public Works, P&Z No Action Ongoing. Central Mixed Use Zone /Properties Rezoned KSH Signage for Public Facilities Coordinated delivery of public safety services. CF8 > Continued cooperation with Kenai Peninsula Borough Division of Emergency Management P Adequate police, fire, and EMS services for Kenai residents. P Minimized loss of life and property. Public Safety Ongoing. City center continues as focus for senior services, activities, housing, and amenities. CF9 CF10 CF10 CFI1 A City Center/Millennium Square becomes focused 'area of opportunity" A Additional number of residential facilities for seniors. ➢ Senior services expanded ➢ Consolidate senior services with other organizations to insure that needs are met without duplication of services. Senior Center Planning Dept. No Action. rhr«h KENAI. SKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF AIRPORT SNOW REMOVAL EQUIPMENT FOR THE TOTAL AMOUNT OF $814,600 UTILIZING THE STATE OF ALASKA COOPERATIVE FLEET PURCHASING PROGRAM. WHEREAS, at its September 21, 2011 meeting, the Kenai City Council approved Ordinance No. 2579 -2011 providing funding for the purchase of an Oshkosh Carrier Mounted Snowblower & Broom. WHEREAS, new upgraded equipment will improve the Airport's capability to effectively address snow and ice conditions to ensure safe operations with dependable equipment; and, WHEREAS, the State of Alaska Department of Transportation, awarded a competitive bid for equipment that meets our specifications; and, WHEREAS, FAA has approved the procurement process utilizing State of Alaska Cooperative Fleet Purchasing agreement; and, WHEREAS, sufficient monies are appropriated in the Airport Improvement Capital Project Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City is authorized to purchase an Oshkosh Carrier Mounted Snowblower & Broom for the total amount of $814,600. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of October 2011. ATTEST: Corey Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR 24 KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. A -1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A moment of silence was held in remembrance of 9/11. A -2. Roll Call There were present: Mayor Pat Porter, Joe Moore (telephonic), Robert Molloy, Terry Bookey, Brian Gabriel, Ryan Marquis and Mike Boyle (telephonic), comprising a quorum of the Council. A -3. Agenda Approval Mayor Porter read the following additions to the agenda: ADD TO: ITEM D -1. Ordinance No. 2546 -2011 Email from Kellie Wannarnaker Email from Dale & Janet Stockton ADD TO: ITEM G -10. Action /Approval -- ACS Easement Exhibit "A" -- Easement Map ADD TO: ITEM G -11. Action /Approval -- ACS Easement Exhibit "A" -- Easement Map ADD TO: ITEM G -15. -- Action /Approval -- Buccaneer Easement Buccaneer Alaska Operations, LLC Kenai Loop Pipeline Plans and Legal Description MOTION: Council Member Molloy MOVED to approve the agenda with the additions and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 25 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 2 A -4. Consent Agenda MOTION: Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. *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. A -S. Swearing in of Student Representative Mayor Porter swore in Student Representative Austin Daly and Ms. Daly took her seat on the dais. A -6. Proclamation -- National Preparedness Month Mayor Porter read a proclamation for September 2011 being National Preparedness Month and presented the proclamation to Jan Yeager and 5 volunteers from the Kenai Peninsula Borough Office of Emergency Management. ITEM B: SCHEDULED PUBLIC COMMENTS 5-1. Rob Nash & Associates -- Proposal to Purchase FAA Tract (3.22 Acres) From City of Kenai and Build Assisted Living Facility. Mr. Cory Castagneto spoke about the Assisted Living Facility his company would like to build in Kenai and noted he was working with the City Manager to find a suitable piece of property. The Council encouraged Mr. Castagneto to continue his dialog with the City Manager. BREAK: 7:24 P.M. BACK TO ORDER: 7:30 P.M. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: PUBLIC HEARINGS 26 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 3 D -1. Ordinance No. 2546 -2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1. Zone. (Clerk's Note: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) D -1 -a. Substitute Ordinance No. 2546 - 2011 -- Amending KMC 14.22.010, Land Use Table, to make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain 'Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zoning District. (Clerk's Note: At its August 17, 2011 meeting, the City Council moved to amend Ordinance No. 2546 -2011 by substitution, and then postponed the ordinance until the September 7, 2011 meeting. The motion to amend by substitution is active.) D -1 -b. MOTION: Substitute B -- Ordinance No. 2546 -2011 -- Amending Kenai Municipal Code 14.22.010, Land. Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District Council Member Gabriel MOVED to amend by substitution by replacing Substitute A with Substitute B and Council Member Moore SECONDED the motion. Gabriel reported he thought it fitting to consider the substitute B since it was asked for. Moore reported he supported substitute B because he believed it to be a logical conclusion to the process. Bookey reported he would not support substitute B. 27 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 4 Molloy reported he would not support substitute B because he believed it incompatible with the RR -1 zone intent. VOTE ON MOTION TO AMEND BY SUBSTITUTION OF SUBSTITUTE B: Council Members voting YES: Porter, Moore, Gabriel Council Members voting NO: Boyle, Bookey, Marquis, Molloy MOTION TO AMEND BY SUBSTITUTION FAILED. VOTE ON MOTION TO AMEND BY SUBSTITUTION OF SUBSTITUTE A: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2546 -2011 by removing the second to last WHEREAS clause and adding the following six WHEREAS clauses to precede the last WHEREAS clause: WHEREAS, Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and on. August 15, 2011, the City Council held a work session on this ordinance, during which the public was invited to comment; and; WHEREAS, at its August 17, 2011 meeting, the City Council held another public hearing on this ordinance, including a public hearing on Substitute Ordinance No. 2546 -2011; and the City Council postponed action on the ordinance and substitute until the September 7, 2011 Council meeting so that the City Council would receive the Commission's recommendations for the September 7, 2011 Council meeting; and, WHEREAS, at its meetings on August 16, 2011 and on August 24, 2011, the Planning and Zoning Commission held additional work sessions during which the public was invited to comment on amendments to the Land Use Table for all residential zones, including the RR -I Zoning District; and, WHEREAS, at its meeting on August 24, 2011, the Planning and Zoning Commission reconsidered its postponement of Commission Resolution No. PZ11 -30, and voted to hold a public hearing on Commission Resolution No. PZ11 -30 at a special meeting on August 30, 2011; and, WHEREAS, at its special meeting on August 30, 2011, the Planning and Zoning Commission held a public hearing on Commission Resolution No. PZ11 -30, and voted to approve an amended Commission Resolution No. PZ11 -30, which included the Commission's recommendations to the City Council on Ordinance No. 2546 -2011 and Substitute Ordinance No. 2546 -2011; and, 28 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 5 WHEREAS, at its September 7, 2011 meeting, the City Council considered all of the public comment, the Commission's amended Resolution No. PZ11 -30 and the Commission's recommendations to the City Council on Ordinance No. 2546 -2011 and Ordinance No. 2546 -2011 Substitute; and, Council Member Marquis SECONDED the motion. MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2546-2011 to remove "City of Kenai" from the last whereas and replace it with "neighborhoods of the RR -1 zoning district." MOTION DIED FOR LACK OF SECOND. Marquis spoke in favor or the ordinance, noting several recommendations from Planning and Zoning Commission were included. Molloy spoke in favor of the ordinance, commenting about the long and thorough process used to come to its final draft. Molloy also: • Noted that there is economic opportunity for the Mental Health Trust in the City of Kenai, just as there is for other investors. Addressed the Trust's comments in its August 16, 2011 letter to Council, as had been requested by the Trust. • Discussed how the substitute ordinance was not a taking of property rights, did not violate due process, and was not a rezone of any property. ® Commented about the compromises made in the substitute ordinance, noting that great weight was given to the recommendations of the Planning 8; Zoning Commission, the Trust and other members of the public, and to the multigenerational families who have made their great investments in their homes in the 3Ws Subdivision and MAPS Area. Porter spoke against the ordinance, noting she believed it to be too restrictive. VOTE ON MAIN MOTION AS AMENDED: Council Members voting YES: Boyle, Gabriel, Bookey, Marquis, Molloy Council Members voting NO: Porter, Moore VOTE: MOTION PASSED. Clerk's Note: The Verbatim of the portion of the recording including Ordinance No. 2546- 2011 is attached at the end of these minutes. BREAK: 8:03 P.M. 29 KENA[ CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 6 BACK TO ORDER: 8:08 P.M. Clerk's Note: Council Members Boyle and Moore stopped participating telephonically at this point. D -2. Ordinance No. 2577 -2011 -- Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by $89,053 in the Airport Improvement Capital Project Fund for Capital Improvements. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2577 -2011 and Council Member Bookey SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. D -3. Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. There were no public comments. MOTION: Council Member Marquis MOVED to ratify Resolution No. 2011 -65 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. (Clerk's Note: At the August 17, 2011 Council Meeting, this item was presented as a lay down, considered by the Council after hearing, and passed unanimously. This matter is scheduled for a second public hearing to provide the public with notification and an additional opportunity to comment on this resolution. After the public hearing, the Council is expected to entertain a motion to ratify its August 17, 2011 decision to adopt Resolution 2011 -65.) D -4. Resolution No. 2011 -66 -- Adopting a Street Name for an Unnamed Street. MOTION: 30 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 7 Council Member Bookey MOVED to adopt Resolution NO. 2011 -66 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no public comments, VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. *Regular Meeting of August 17, 2011 E -2. *Notes from August 15, 2011 Work Session E-3. *Special Meeting of August 18, 2011 E-4. *Notes from August 29, 2011 Work Session All were approved by approval of the consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -3, *Ordinance No. 2578 -2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and /or Technical Changes to the Kenai Municipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations. Introduced by approval of the consent agenda. 31 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 8 G -4. *ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase II. Introduced by approval of the consent agenda. G -5. *Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund. to Provide Additional Funding for Completion of the Library Expansion Project. Introduced by approval of the consent agenda. G -6. *Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts Introduced by approval of the consent agenda. G 7. *Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub- section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. Introduced by approval of the consent agenda. G -8. *Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment. Introduced by approval of the consent agenda. G -9. Action /Approval -- Utility Easement to Homer Electric Association, Inc. for a strip of land ten (10) feet in width for the purpose of installing and maintaining underground electrical lines situated within A PORTION OF THE NW 1 SECTION 33, TOWNSHIP6NORTH, RANGEI IWEST, SEWARD MERIDIAN, Alaska EXCLUDING BARON PARK SUBDIVISION FIRE ADDITION (KN 97 -51); all within Kenai Recording District, the City of Kenai and Kenai Peninsula Borough. MOTION: Council Member Gabriel MOVED the land was not needed for a public purpose and requested the City Manager grant the easement. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. 32 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 9 G -10. Action /Approval -- Utility Easement to Alaska Communications Systems, Inc. for a 10 foot wide ACS easement for a strip of land sixty (10) feet in width for the purpose of installing an underground copper and fiber optic cables situated within T6N R11W SEC 32 SEWARD MERIDIAN KN ALL OF SEC 32 EXCLUDING SUBS & LEASED AREAS & KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN REPLAT. KPB Parcel ID: 04318044 Kenai Recording District, where it adjoins an existing 10' Public Utility Easement on that lot. MOTION: Council Member Gabriel MOVED the land was not needed for a public purpose and requested the City Manager grant the easement. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. G -1. Action /Approval -- Utility Easement to Alaska Communications Systems, Inc. for a 10 foot wide ACS easement for a strip of land sixty (10) feet in width for the purpose of installing underground copper and fiber optic cables situated within T6N R11W SEC 33 SEWARD MERIDIAN KN W I. /2 LYING NORTH OF KENAI SPUR HWY EXCLUDING BARON PARK SUBS NO 7 & NO 12. KPB Parcel ID: 04501029, Kenai Recording District. MOTION: Council Member Gabriel MOVED the land was not needed for a public purpose, requested the City Manager grant the easement and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -12. Action /Approval -- Authorizing the City of Kenai to proceed with investment grade audit and ene gy performance contract with the Building Technologies Division of Siemens industry, Inc. for the implementation of a performance contracting program to improve the system infrastructure and the operational efficiencies of City facilities. MOTION: Council Member Bookey MOVED to approve the authorization and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. Council Member Bookey requested a report from Administration. City Manager Koch explained the loan would increase energy efficiency in public buildings, that there were several buildings within the City that would benefit, and the 33 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 10 loan would take eight to ten years to repay. Koch also noted Kenai was the first municipality to begin the process. VOTE: MOTION PASSED UNANIMOUSLY. G -13. Action /Approval -- Second Amendment to Rental Agreement between City of Kenai. and Homer Electric Association, Inc. for office space in the Alaska. Fire Training Center at 450 Marathon Road, extending the term of the Rental Agreement until September 1, 2012. Council Member Bookey disclosed his father was on the HEA Board. Mayor Porter did not see any conflict. MOTION: Council Member Marquis MOVED to approve the amendment and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -14. Action /Approval -- 2011 Election Boards. Council Member Bookey disclosed his wife would be one of the election workers. Mayor Porter did not see any conflict. MOTION: Council Member Marquis MOVED to approve the 2011 Election Boards and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -15. Action/ Approval -- Buccaneer — Easement for line from Drilling Pad off Marathon to Enstar's vault on Main Street Loop. MOTION: Council Member Molloy MOVED to approve the easement and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging -- Senior Center Director reported the next meeting would be September 8, 2011. 34 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 11 11-2. Airport Commission -- Council Member Marquis reported the next meeting would be September 8, 2011, H -3. Harbor Commission -- Council Member Gabriel reported the next meeting would be September 12, 2011. H-4. Library Commission -- Council Member Marquis reviewed the September 6, 2011 meeting and noted the student representative had not attended and one member had resigned. H -5. Parks & Recreation Commission -- Parks and Recreation Director Frates noted there would be a work session on September 22, 2011 to discuss the Trails Plan, followed by a special meeting to discuss the Capital Improvement Project List. H -6. Planning & Zoning Commission -- Council Member Bookey reviewed the August 24 and 30 meetings. H -7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee -- Mayor Porter noted the next meeting would be September 13, 2011. H -7 -b. Alaska Municipal League Report -- No report. H -7 -c. Mini -Grant Steering Committee -- No report. H -7 -d. Kenai Convention & Visitors Bureau -- Council Member Bookey reported he did not attend the last meeting. II-7-e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she attended the Alaska Oil and Gas Dinner and Industry Appreciation Day where Tim Navarre and Jack Brown received the Founder's Award, She reported she worked with the Chamber of Commerce and Visitor's Center to have a combined ad in the Milepost. Mayor Porter reported she and City Manager Koch met with representatives from Kenai Central High School regarding a State Championship sign near the high school. Mayor Porter set a work session on Clerk Recruitment for September 27, 2011 at 6:00 p.m. and a work session to interview applicants for October 7, 2011 at 1:00 p.m. ITEM J: ADMINISTRATION REPORTS 35 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 12 J -1. City Manager -- Koch reported he met with Alaska Department of Conservation regarding a fish waste disposal plan. Koch set a work session for October 14, 2011 at 6:00 p.m. to discuss the Dip Net Report, Capital Improvement Project list and the City taking over ownership and maintenance of Beaver Loop Road. Koch noted he would set a work session for early November to meet with Legislators. Koch asked Council if they wanted a discussion item regarding Planning and Zoning Commission's request for legal counsel at meetings. Council requested a discussion item be added to the September 21, 2011 meeting agenda. Koch will ask for information from Planning and Zoning to include in the packet. J -2. City Attorney -- Stearns reported she would be out of the office for a board meeting of the Alaska Bar Association and in Chicago for a. conference. Mayor Porter asked for an update on the burned out building. Stearns reported their permit expires on September 18, 2011. J -3. City Clerk -- Deputy City Clerk Hall thanked Finance Director Eubank and IT Tech Manager Castimore for their help with the phone problem in Chambers. ITEM K: ADDITIONAL PUBLIC COMMENTS K -1. Citizen Comments -- None. K -2. Council Comments Gabriel thanked Nash and Castegneto for their presentation and noted his appreciation for all the work on the Land Use in the RR -1 zone. Bookey wished his son Corvin Happy Birthday, and wished Molly Dischner from the Clarion Happy Birthday. Daly thanked the Council for accepting her as the Student Representative and reported on events at the High School. Marquis thanked Tim Navarre for his work on Industry Appreciation Day, thanked Castegneto and Nash for their presentation, thanked everyone involved in working on Ordinance No. 2546 -2011 and welcomed Daly to the Council. Molloy welcomed Daly to the Council, agreed with Gabriel's comments regarding the process on the Land Use within the RR -1 zone, thanked Marquis, Bookey and Gabriel for covering for him at Planning and Zoning Commission meetings, and noted he would cover the Council on Aging meeting for Council Member Boyle. 36 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 13 Mayor Porter invited everyone to attend the Remembrance Ceremony at the Soldotna CES station. on September 11 at 2:00 p.m. EXECUTIVE SESSION -- discussing pending litigation of which immediate knowledge would have an adverse effect upon the finances of the City and to give direction to the City Attorney regarding the handling of a specific legal matter -- City of Kenai v. Gus Rodes and Janice Rodes. MOTION: Council Member Marquis MOVED to convene into Executive Session and Requested the City Manager and City Attorney attend. Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. BREAK: 9:02 P.M. BACK TO RODER: 9:21 P.M. Council Member Marquis reported the Council met in Executive Session and gave direction to the City Manager and City Attorney. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:22 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 37 CITY OF KENAI, ALASKA Transcript - 09/07/2011 Council Meeting - Ordinance 2546 -2011 MAYOR: Council, we now have before us the substitute Ordinance NO. 2546 -2011, amending the Kenai Municipal. Code 14 22 010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many Conditional Uses to Uses Not Permitted, and Providing for Certain Conditional Uses for Properties Along the Kenai Spur Highway Within the RR -1 Zoning District. At our August 17 Meeting, the Council moved to amend Ordinance 2546 -2011 by substitution and then postponed the ordinance until the 09/07/2011 meeting. The motion to amend by substitution is active. The public hearing process for the substitute was closed at the last meeting, so I guess its at the pleasure of Council. Councilman Gabriel. GABRIEL: I move to substitute Ord. 2546 -2011, substitute A, with 2546 -2011 Substitute B. MAYOR: Would you please repeat that. GABRIEL: Yes, 1 move to substitute Ord. 2546 -2011, Substitute A, with 2546 -2011, Substitute B. MAYOR: Alright, Substitute B is Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District. MOORE: Is that substitute B? MAYOR: Yes it is, MOORE: I'll second that. MAYOR: Okay, it's been moved and seconded. Is there any discussion from. Council? Alright, seeing none, Yes, it's Councilman Gabriel. UNINTELLIGIBLE MAYOR: Just a minute. I am recognizing Councilman Gabriel. Can you hear him? UNINTELLIGIBLE GABRIEL: Yes, the reason I am bring this forward is that step one in this process was to refer this to Planning and Zoning for a recommendation. We worked on it all summer. At our last meeting, we postponed until this meeting to consider their recommendation. I just think it's fitting that we should consider their substitute. MAYOR: Councilman Moore, did you want to speak? (PAUSE) Councilman Moore? MOORE: Yes Mayor Porter. MAYOR: Did you want to speak? 38 MOORE: Say again. MAYOR: Did you want to speak? MOORE: Yes. MAYOR: Ryan, you can go ahead and repeat that. MOORE: I'm not sure (unintelligible). MAYOR: It's been introduced and now we're having discussion from Council whether to introduce Substitute B or not. MOORE: Gotcha. I'd like to speak if I could.. MAYOR: Yes, please speak. MOORE: I'm in support of this Substitute B. It's my belief that this process has been out of line from the very beginning. However, this is a logical conclusion for this process. A majority of the Council at the last Council meeting requested and asked for a delay to get the response and the final work product from Planning and Zoning, and because of that, it is my belief that this is the ordinance that we should consider. It's not perfect. I don't think anyone expected it would be the final ordinance that's passed. I believe this should be the basis for our work tonight. MAYOR: Thank you. Is there any discussion on Council? Councilman Bookey. BOOKEY: Thank you, Mayor Porter. I'm not going to be supporting this substitute B, and some of my reasons for this is i went back and looked at 2003's Comprehensive Plan and it talks about zoning and things like that. On Page 14 in part, it does state there vacant land suggested we have adequate supply of appropriately zoned parcels for future demand. But then, what I found most interesting was it goes on to say that however, the Conditional Use Process is used to permit uses that otherwise might not fit within the intent of the underlying zone, and it further goes on to say that this approach may address the immediate needs of individual applicants. However, over time it can compromise the basic purpose of zoning the public confidence in zoning. I'm not a big fan of conditional use for the reason that this speaks directly to my reasons. I don't support a lot of use for conditional uses. For those reasons, I'm not going to be supporting Substitute B. MAYOR: Thank you. Any other comments from Council? Councilman Molloy? MOLLOY: Yes, Mayor Porter. I also cannot support Substitute B. It allows many conditional uses for commercial uses and miscellaneous uses that are incompatible with the intent of the RR -1 zoning district, and there are too small land areas that are in this zone (unintelligible) and map. Without Substitute B, we have the recommendations of the Planning and Zoning Commission which are their Resolution PZ 1130, and the Land Use Table attached to it, which are Pages 28 through 35 of the packet, and those recommendations were basically developed by the end of July and were given great weight in the compromise that is the substitute that was originally before the Council and hopefully will be before them again. Of course, attached to it also is background info„uation and that's of use and looking at all the residential zones across the way and. everything. But, if you enact substitute B, you know, you are enacting the 39 background information also, as well as, you are enacting Footnote 30. In Footnote 30, you know, that addresses property that's outside the RR -1 zoning district. You know, that addresses property that abuts Beaver Loop Road, Bridge Access Road and Kalifornsky Beach Road, and i.t's looking at, you know, what possibly potentially could happen in the future if other properties are rezoned to be RR -l. And, you know, I think that's for a future day and a future time, not for this evening. Thank. you MAYOR: Thank you. Any other comments from Council? Clerk, please call the roll. Please call the roll on the amendment for Substitute B. Amendment to the amendment. CLERK: Boyle MAYOR: Councilman Boyle, are you voting? BOYLE: No. Sorry, no. CLERK: Was that his vote? BOYLE: Yes, I'm voting. My vote is no. CLERK; Porter MAYOR: Yes CLERK: Moore MOORE: Yes CLERK: Gabriel GABRIEL: Yes CLERK: Bookey BOOKEY: No CLERK: Marquis MARQUIS: No CLERK: Molloy MOLLOY: No MAYOR: Okay Council, Substitute B fails. So, we are now back to the original amendment which is Substitute Ordinance No. 2546 -2011. Comments from Council? Any comments from Council? Councilman Molloy. MOLLOY: So, this is a vote on the amendment. MAYOR: This is the vote on your amendment for substitute. No comments from Council? Clerk, please call the roll. 40 CLERK: Boyle MAYOR: Councilman Boyle, are you voting? BOYLE: I do apologize. I didn't hear and I'm not sure what MAYOR: What you are voting on, what you are voting on is Councilman Molloy's Substitute Ordinance 2546. The other motion failed. BOYLE: Yes, okay. Yes MAYOR: Thank you. MOORE: Mayor Porter, could you please repeat the motion for me. I haven't heard anything except Councilman Boyle's Yes vote and I have no idea what he just voted. on. MAYOR: What we're voting on, Councilman Moore, is we are voting on Councilman Molloy's substitute ordinance. Did you understand that? MOORE: This is just for introduction? MAYOR: No, this is not for introduction. This is for the final. MARQUIS: This is for the amendment. MAYOR: Oh, this is for the amendment. Sorry. And then we will discuss it. This is to get it back on the table. UNINTELLIGIBLE MOORE: Okay, so this is to amend MAYOR: On the table. Right. This is just to put it back on the table. Thank you. MOORE: I'll vote yes. MAYOR: Okay, but you're not asked to vote yet, so that's alright. ,Miss Hall, CLERK: Porter PORTER: Yes CLERK: Moore MAYOR: Moore. Councilman Moore, are you voting Yes? MOORE: 1 think I already did. I voted (unintelligible) MAYOR: Okay. That's what happens when you go to Hawaii. CLERK: Gabriel GABRIEL: Yes 41 CLERK: Bookey BOOKEY: Yes CLERK: Marquis MARQUIS: Yes CLERK: Molloy MOLLOY: Yes MAYOR: Alright, thank you. Council, we now have before us Substitute Ordinance No. 2546- 2011. Pleasure of Council? Councilman Molloy. MOLLOY: Thank you Mayor Porter. 1 want to amend Ordinance, uh, Substitute Ordinance No. 2546 -2011 to update the Whereas clauses and to make this easier, I have put this motion in writing, and it's on Page 21 of the packet, to make it easier for the Clerk and the Council. The motion is to move to amend Ordinance No. 2546 -2011 Substitute by deleting the second to last Whereas clause and adding the following six Whereas clauses to precede the last Whereas clause: WHEREAS, Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and on August 15, 2011, the City Council held a work session on this ordinance, during which the public was invited to comment; and WHEREAS, at its August 17, 2011 meeting, the City Council held another public hearing on this ordinance, including a public hearing on Substitute Ordinance No. 2546 -2011; and the City Council postponed action on the ordinance and substitute until the September 7, 2011 . Council meeting so that the City Council would receive the Commission's recommendations for the September 7, 2011 Council meeting; and WHEREAS, at its meetings on August 16, 201.1 and on August 24, 2011, the Planning and Zoning Commission held additional work sessions during wh.ich the public was invited to comment on amendments to the Land Use Table for all residential zones, including the RR -1 Zoning District; and WHEREAS, at its meeting on August 24, 2011, the Planning and Zoning Commission reconsidered its postponement of Commission Resolution PZZ11 -30, and voted to hold a public hearing on Commission Resolution No. PZ11 -30 at a special meeting on August 30, 2011; and WHEREAS, at its special meeting on August 30, 2011, the Planning and Zoning Commission held a public hearing on Commission Resolution No.PZ11 -30, and voted to approve an amended Commission Resolution No. PZ11 -30, which included the Commission's recommendations to the City Council on Ordinance No. 2546 -2011 and Substitute Ordinance No. 2546 -2011; and WHEREAS, at its September 7, 2011 meeting, the City Council considered all of the public comment, the Commission's amended Resolution No. PZ11 -30 and the Commission's 42 recommendations to the City Council on Ordinance No. 2546 -2011 and Ordinance No. 2546- 2011 Substitute; and. UNKNOWN: Second MAYOR: Excuse me. Who seconded that? UNKNOWN: I believe it was a tie. MAYOR: Okay. It's been moved and seconded. Is there discussion on the amendment? Is there any discussion from the telephone on the amendment? MOORE: (Unintelligible) Could you give me a second. r couldn't hear what he was saying and. I'm still reading it. MAYOR: Okay MOORE: Stand by for a minute please. MAYOR: That's as fast as I've ever heard somebody read something other than Peter Piper picked a pickle MOLLOY: I wanted to beat the 3- minute limit. MOORE: Okay (unintelligible) It seems to me that Councilman Molloy just more graphically laid out the time lines for this ordinance. MAYOR: That's what it appears. MOORE: Is that a fair statement? MAYOR: Councilman Molloy MOLLOY: Yes. MOORE: Thank you. MAYOR: Thank you. Any other comments from Council? Clerk, please call the roll on the amendment. CLERK: Boyle MAYOR: Councilman Boyle BOYLE: Yes CLERK: Porter MAYOR: Yes CLERK: Moore MOORE: We are voting, right? 43 UNKNOWN: Correct CLERK: Moore MOORE: MAYOR: Councilman. Moore? MOORE: Yes CLERK: Gabriel GABRIEL: Yes CLERK: Bookey BOOKEY: Yes CLERK: Marquis MARQUIS: Yes CLERK: Molloy MOLLOY: Yes Applause MAYOR: Excuse me, audience, please. This is not complete, what we've done here, and I would ask you not to refer to clapping. Thank you Councilman, are there any more comments from Council? UNKNOWN: So, were at the main MAYOR: Yes, were at the main as amended. MOORE: Mayor Porter, I have an amendment I would like to offer. MAYOR: Alright Councilman Moore, go ahead. MOORE: I would like to refer to the very last Whereas, and it reads: Whereas, it is in the best interest of the City of Kenai to amend the Land Use Table. I would like to strike the words "City of Kenai' and replace with the best interests of the neighborhoods of the RR -1 zoning district." MAYOR: Okay, is there a second? Unintelligible MAYOR: It's the last Whereas. MOLLOY: That would be Page 11 of the packet. Unintelligible 44 MOORE: Did I get a second to talk about it? CLERK: To remove the City of Kenai and replace with MAYOR: The best interests of the neighborhoods. Is there a second to that? Is there a second? The motion dies for lack of a second, Councilman Moore. Were back to the main amendment, the main motion, yes. Any comments from Council? Councilman Marquis, MARQUIS: Thank you, Madame Mayor. Earlier there was discussion about how we had sent this to Planning and. Zoning for their recommendation and we should use what they gave to us as a vehicle to move forward. I don't agree that that is appropriate. Planning and Zoning was involved in this process all along the way, and they've shaped it and they've improved it. So, just because we don't adopt the substitute that they've recommended the administration provide for us doesn't mean that we didn't consider their recommendations or incorporate them. The vast majority of the things, we did agree with Planning and Zoning, There's a couple of things, a few things we don't agree with and that's fine. So, [ support this ordinance and 1 will vote for it. MAYOR: Any other comments from Council? Councilman Moiioy. MOLLOY: I'm thinking MOORE: Unintelligible ... Has my second died? MAYOR: Yes, you did not get a second to your motion., Councilman Moore. Sorry. Okay, go ahead. MOORE: Was there an.other motion made? MAYOR: No. Just a comment at this point. It must. he very difficult not to hear what's going on. MOLLOY: Does he want to comment? MAYOR: No, 1 don't think so. 1 don't know. MOLLOY: Thank you, Mayor Porter, This ordinance has really been through a long, thorough process, many public comments, many public work sessions and public hearings before both the Planning and Zoning Commission and the City Council. The ordinance and the substitute both have been scrutinized up and down the table for Rural Residential One zoning district and sideways in relationship to all other residential zones. The substitute is a compromise based on the public comments to the commission and the council, the Commissioners' comments and the Council's comments over those many work sessions and public hearings. As a result, having gone through that long and thorough public process, this substitute is much better legislation than the original ordinance. It's in the best interests of the City to enact this substitute ordinance tonight. We've heard from many property owners, as has the commission, including the Mental Health Trust. In Mr. Jones' August 16 letter, the Trust specifically requested that its comments be addressed, and the Trust threatened to sue the City if the Council enacted this sub( ?). Given the Trust's threat to sue the City, it may take me a few 45 minutes to sort of make the record I need to make on behalf of the City, so I would appreciate your patience. MAYOR: Councilman Molloy, you have 10 minutes to speak to this. MOLLOY: Thank you. MAYOR: You're welcome. Well, not to that particular (unintelligible) MOLLOY: Be a partner in our City. Mr. Sawhill, Mr. Jeffrey, Mr. Jones and Mrs. Manatee, your comments have been heard and considered by all of us, just as the comments of every other member of the public on all sides of the issue have been heard and. considered. And, I remember Mr, Jones, when he talked to us on May 18, he said that the Trust wanted to be a partner in our community, and the Trust has been a partner in our community and we need to recollect that. You know, the parcel and maps that you offered was originally part of a larger parcel that was selected by the Trust and deeded to the Trust by the State in 1996, and it included undeveloped lands south of the Spur Highway that subsequently through other transactions the Trust made. Eventually, it's my understanding, was developed into the Challenger Learning Center and the Multi- Purpose Facility. This Councilmember wants the Trust to continue to be a partner like other investors in our city, like other people that came here today. There is economic opportunity for the Trust and the City, just as there is for everyone else. And, like my other colleagues on the council, 1 decide and vote based on. what 1 believe to he in the best interests of the City. I've been in this community nearly 30 years. I've been door to door throughout the City many times. I know my City, its land areas, many of our residents and most of our businesses. But, when I sit here as a Councilmember, I dont sit alone. My colleagues on the Council are all knowledgeable. They know our City, its land areas, its residents, its businesses. While we may not all agree, we are all acting from our own knowledge and from all that we have heard and read on what has come before us. So, let me talk a. minute about takings, because one of the complaints that the Trust had was that this was a taking of their property rights, and other members of the public have commented about takings, too. And, you know, I say again, Council does not sit alone. With respect to all legal issues we have a most competent City Attorney, Ms. Stearns. She's practiced municipal law for nearly 17 years. She was lead counsel for the winning City of Dillingham and the winning DMV in two cases that were presented by Dean (unintelligible) that was presented to all the justices, judges and lawyers attending the Alaska Bar Association convention as being the most important recent Alaska Supreme Court cases on the subject of due process and procedures in municipal law and administrative law. I had consultations with the City Attorney to obtain her advice and guidance, and I heard her comments during our work sessions. And so, you know, I'm confident and respectfully disagree. There are no takings of property rights by this substitute, and I think it's important to address that. For example, the Trust has subsurface mineral rights and 3 w's ( ?), and we heard you and we agreed that the existing use for subsurface extraction of natural resources should stay and is staying in the substitute. So, there is no taking. The other property in the ( ?) area, the 5 -1/2 acres, that was acquired, it is my understanding, in 1996 as part of a settlement of a lawsuit, so there was no purchase price paid. It was part of a settlement, and the original land use table was in effect at that time. That was 2 years before the 1998 amendments that added so many conditional uses to the RR- 1 zone, and this ordinance does not take away all the viable economic uses of Trust's lands under the zoning Rural Residential 1 property. On the contrary, there is significant value for development and potential land uses that are principally permitted for residential. and 46 conditional uses that are in the table as amended, so, you know, there is no taking here. Another complaint, what people have talked about and questioned, is whether this is a rezone or not. This is not a rezone. A rezone is a zoning change and our Code defines zoning change to mean the alteration or moving of a zone or boundary, reclassification of a lot or parcel of land from one zone to another, and the change of any of the regulations contained in Title 14, Chapter 20. When the substitute is enacted, it will not be an amendment to the official Kenai . zoning map. The boundary of the RR -1 zone will not be altered or moved. No lot or parcel will be reclassified to another zone. No regulation contained in Title 14, Chapter 20, will be changed, so there is no zoning change and no rezone. The other issue that there was was due process. There was a complaint about due process. Regarding procedural due process, I say again, this council does not sit alone. We have a very competent City Planner, Ms. Kebshel, who has thoroughly documented all of the proceedings through the Commission and acted on the Council's directions on notices to property owners, including the Trust. We had a most competent City Clerk until the end of June, and since then we have an able Deputy Clerk, both of whom have documented the proceedings before the Council and our other records including our notices, All property owners, including the Trust, have had opportunity to comment to both the Commission and the Council on many occasions. And, for the substantive due process part of it, this is not arbitrary or unreasonable. This substitute is rationally related to its purpose, and we also have a competent Planning and Zoning Commission who thoroughly vetted the ordinance and substitute. We took into consideration the recommendations of the Trust and all of the other members of the public that made recommendations to Council. As for the substitute, great weight has been given to the recommendations, including recommendations of the Trust and other members of the public, all of which have been packed into the compromises in the substitute, 1 have one last thing 1 need to say, and this is to our families and multigenerational families that we have in Kenai. The City of Kenai's Mission Statement includes the words "to serve the citizens of Kenai through listening and leading ". In the substitute, the greatest weight of all is given to what our citizens had to say, especially our city's families and multigenerational families who have made their great investments to their homes and the 3 Ws and MAPS to their parents, children and grandchildren. Some of these names are Espy, Fahnholz, Falkenberg, McCollum, Montgomery, Poynor, Schrag, Sonberg, Stockton, Ward, Wannamaker, Wik, Winegarden. Wright. Many of these are multigenerational families. They are the heart and soul of the City of Kenai and are who has made Kenai a sustainable community for the past 50 years. It is in the worst interest of the City for multigenerational families to begin listing their homes for sale, selling and moving out because they give up on their many years of efforts to work collaboratively with the City through the public process. I can't say enough to thank our families and multigenerational families for sticking with the process. The substitute is in the best interests of the City and I respectfully ask that the Council enact the substitute. Thank you. MAYOR: Okay. Any other comments from the Council. Any other comments from Council? Clerk, call the roll. MOORE: Point of order. MAYOR: Yes, Councilman Moore MOORE; I have no idea where we are at in this process. We haven't voted on this ordinance. We've just introduced the substitute. 47 MAYOR: Correct. It's on the floor for a vote. its on the floor for a vote right now. Can you hear me? MOORE: The question is the ordinance has not passed yet. MAYOR: That is correct. Do you have a comment you would like to make? MOORE: Can anybody hear me? MARQUIS: Joe, we have not voted on the ordinance yet. You can make comments. MOORE: I'd like to ask a question. MARQUIS: Ask it. Joe, go ahead and ask your question. MOORE; If anybody can hear me (unintelligible) and. I heard him refer to the work that he did with our City Attorney. MAYOR: Excuse me, Joe. Hold your thoughts for a moment. Someone is rustling a lot of papers in the background.. Thank you, it quit. Go ahead, Joe. MOORE; Okay, so my question for Councilman Molloy is, in your work with the City Attorney, did you take a look at Alaska Statutes related to the interpretation of local ordinances, resolutions or zoning laws? State of Alaska Statutes? MOLLOY: I'm not going to open up attorney /client privilege. 1 mean, we can certainly MOORE: Alright MAYOR: So your question is - repeat your question again. Is your question did they look at the ordinances of the City of Kenai or what? MOORE: No, my question is did they discuss or talk about the ramifications of Alaska Statutes linked to the interpretation of local ordinances, resolutions or zoning laws? Was that Alaska Statute considered in your work with the City Attorney? MOLLOY: All relevant Alaska Statutes and City Codes and ordinances were considered during the process of working on this ordinance. With respect to communications between any of the council members and the City Attorney on the matter at hand, I respectfully decline to answer that because I don't want to waive our attorney /client privilege that we have of our attorney. Thank you. MAYOR: Did you hear the response? MOORE: No, I have no response. That's unbelievable. MAYOR: So you heard his response. Thank you. MOORE: I heard that loud and clear. Call for the question MAYOR: Is there any other comments from Council? I debated - I just want to make a comment so that I can explain my own vote. I have been debating this myself for a long time and I agree with most everything that is in Councilman Molloy's substitute, but l don't agree 48 with the whole entire thing, just because I think it is entirely too restrictive. Most of the things are conditional use permits which would be required and that always takes the public process, so I feel like that's a real issue. I mean we have - Its really interesting - We have a couple of Conditional Use Permits that are going to be required after we pass this from current people that have in -home businesses right now, and I don't know - I just think its a little too restrictive. There's nothing wrong with a conditional use permit. The Planning and Zoning or the Council will have the right to reject one if they think its not favorable to a neighborhood, and 1 just personally think that I prefer the other one. I didn't win on that one, but I can't support this one for that reason, So I will be voting No for Councilman Molloy's substitute. Thank you. Any other comments from Council? 1 don't see any. Clerk, please call the roll. This is voting on the main motion as amended. CLERK: Boyle MAYOR: Councilman Boyle? BOYLE: Yes MAYOR: Thank you. CLERK: Porter PORTER: No CLERK: Moore MAYOR: Councilman Moore? MOORE: What do you need? MARQUIS: Your vote on the ordinance MOORE: No CLERK: Gabriel GABRIEL: Yes CLERK: Bookey BOOKEY: Yes CLERK: Marquis MARQUIS: Yes CLERK: Molloy MOLLOY: Yes MAYOR: Alright, the - Actually what this means is that Councilman Molloy's substitute ordinances passes and rrn going to take a quick adjournment. 49 KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 21, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /w-ww.ci.kertai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. A -1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A -2. Roll Call There were present: Mayor Pat Porter, Joe Moore, Robert Molloy, Terry Bookey, Brian Gabriel, and Ryan Marquis, comprising a quorum of the Council. Absent was Vice Mayor Mike Boyle. A -3. Agenda Approval Mayor Porter read the following additions to the agenda. ADD TO: D -5: Ordinance No. 2582 -2011 -- Memorandum from Finance Director Eubank ADD TO: G -6: City CIerk Retirement Expenditures • Additional Finance Department Documents • Memorandum from Council Member Molloy MOTION: Council Member Molloy MOVED to approve the agenda as amended and Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. A -4. Consent Agenda Mayor Porter read the following change to the consent agenda: REMOVE: E -1: Minutes Regular Meeting of September 7, 2011 50 CITY COUNCIL MEETING September 21, 2011 Page 2 MOTION: Council Member Molloy MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. A -5. Presentation to Olivia Pfeiffer regarding EPA award Mayor Porter presented the EPA President's Youth Award to Olivia Pfeiffer for her second runner up placing in Region 10. Mayor Porter introduced new Public Works Director Sean Wedemeyer and welcomed him to Kenai. ITEM B: ITEM C: SCHEDULED PUBLIC COMMENTS -- None. UNSCHEDULED PUBLIC COMMENTS Merrill Sikorski, 315 S. Kobuk, Soldotna -- Thanked the Council for their support of the Caring for the Kenai program. ITEM D: PUBLIC HEARINGS D -1. MOTION: Ordinance No. 2578 -2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and /or Technical Changes to the Kenai Municipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations. Council Member Bookey MOVED for approval of Ordinance No. 2578 -2011 and Council Member Molloy SECONDED the motion. There were no public comments. Marquis suggested changes be brought to Council twice a year. City Attorney Stearns gave background on the ordinance. Molloy agreed with the suggestion of Marquis. Gabriel suggested changes be brought to Council as discussion items rather than ordinances. Stearns noted changes needed to be in ordinance form. MOTION TO POSTPONE: 51 CITY COUNCIL MEETING September 21, 2011 Page 3 Council Member Bookey MOVED to postpone Ordinance No. 2578 -2011 indefinitely and Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital. Project Funds for the Purchase of Snow Removal Equipment, Phase II. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2579 -2011 and Council Member Bookey SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2580 -2011 and Council Member Molloy SECONDED the motion. There were no public comments. Gabriel asked Administration if this ordinance would complete the project. City Manager Koch replied yes. VOTE: MOTION PASSED UNANIMOUSLY. D -4. MOTION: Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. Council Member Bookey MOVED to approve Ordinance No. 2581 -2011 and Council Member Marquis SECONDED the motion. 52 CITY COUNCIL MEETING September 21, 2011 Page 4 There were no public comments. Molloy expressed concern regarding the Parks and Recreation Department personnel position. MOTION TO AMEND: Council Member Marquis MOVED to amend by striking 8897 and replacing it with HB108. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to add after Assistant in the second WHEREAS: with this new position being subject to appropriation of funds in the budget beginning July 1, 2012. Council Member Moore SECONDED the motion. Moore asked Administration if this appropriation usually happened. Koch replied all positions are subject to appropriation. VOTE ON AMENDMENT: MOTION PASSED. Bookey noted the Parks position was sorely needed. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. D -5. MOTION: Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub - section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. Council Member Moore MOVED to adopt Ordinance No. 2582 -2011 and Council Member Marquis SECONDED the motion. There were no public comments. Gabriel disclosed he owned a boat and would benefit from the Ordinance. Mayor Porter noted the benefit was not substantial and she would allow him to vote. 53 CITY COUNCIL MEETING September 21, 2011 Page 5 Moore disclosed he owned a boat and would benefit from the Ordinance. Mayor Porter noted the benefit was not substantial and she would allow him to vote. Moore noted he had heard from concerned citizens regarding the taxation. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2582 -2011 by striking the word except from Section. 3(c) and replacing it with the work exempt. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. Gabriel spoke in support of the ordinance. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. D -6. Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2583 -2011 and Council Member Gabriel SECONDED the motion. There were no public comments. Moore noted disc golf was becoming a popular sport and thanked the Parks and Recreation Department for their work on the course. VOTE: MOTION PASSED UNANIMOUSLY. Parks and Recreation Director Frates noted he was working with the Disc Golf Association on making the Bernie Huss Park a disc golf course. D -7. Resolution No. 2011 -67 -- Authorizing the City Manager to Enter into an Agreement with the Department of the Army in the Amount of $253,844.50 to Complete a Feasibility Study for the Kenai River Bluff Erosion Project. MOTION: 54 CITY COUNCIL MEETING September 21, 2011 Page 6 Council Member Marquis MOVED to adopt Resolution No. 2011 -67 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Moore requested an update from Administration. City Manager Koch noted and environmental impact statement and Section 7 NOAA consultation would be done and a public meeting would be scheduled for late October to give a. status report. VOTE: MOTION PASSED UNANIMOUSLY. D -8. Resolution No. 2011 -68 -- Awarding a Contract to Coastal Painting for Janitorial Services for the Kenai Community Library for the Total Amount of $57,600. MOTION: Council Member Molloy MOVED to approve Resolution No. 2011 -68 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no public comments. Bookey suggested considering hiring in -house next budget cycle. Library Director Joiner noted the cost last year was approximately $15,000. VOTE: MOTION PASSED UNANIMOUSLY. D -9. MOTION: Resolution No. 2011 -69 -- Authorizing the Purcha.se of Approximately 60 Acres of Property Described as the NE 1 /4 NE1 /4 and the Ei /2SE1/4 NE1 /4 of Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska Containing 60 Acres More or Less for Public Water Wells, Well Head Protection, and Associated Public Purposes and Determining that the Public Interest will Not be Served by an. Appraisal. Council Member Marquis MOVED to approve Resolution No. 2011 -69 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no public comments or Council Member comments. 55 CITY COUNCIL MEETING September 21, 2011 Page 7 VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E-1. Regular Meeting of September 7, 2011 MOTION: Council Member Molloy MOVED to postpone approval of the minutes of the September 7, 2011 meeting until the October 5 meeting and Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Bills to be Ratified -- None. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $1.5,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 0-3. *Ordinance No. 2584 -2011 -- Increasing Estimated Revenues and Appropriations by $21,300 in the General Fund -- Non - Departmental for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town, Kenai. Introduced by approval of consent agenda. G -4. *Ordinance No. 2585 -2011 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. Introduced by approval of consent agenda. G -5. Discussion -- Legal Counsel at Planning and Zoning Commission Meetings. 56 CITY COUNCIL MEETING September 21, 2 011 Page 8 Council Member Molloy reported the original request was for legal counsel at all Planning and Zoning Commission meetings, noting a memorandum from City Planner Kebschull requesting assistance with document preparation and attending meetings as needed. Marquis reported there could be a conflict if the issue went to the Board of Adjustment. Gabriel questioned how the budget would be impacted. Moore asked on the difference between the code and procedural questions. Stearns noted procedural issues could be legal. Marquis noted procedural issues regarding Roberts Rules of Order could be handled in training. Porter asked Kebschull how many times she thought the Commission would need, counsel. Kebschull reported numerous times within the past six months. Moore reported if Planning and Zoning needed a legal resource, perhaps a contract person could be hired. Porter suggested revisiting the issue after the November training. Molloy noted another position would be a budgetary issue. G -6. Discussion -- Planning Commission Training. Porter noted the Planning and Zoning Commission was requesting funding for three commissioners to attend training at the Alaska Chapter of the American Planning Association in November in Fairbanks. MOTION: Council Member Bookey MOVED to offer training to all commissioners with funding to come from the legislative budget. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. G -7. Discussion -- City Clerk Retirement Expenditures. Council Member Moore reported he brought the issue forward to have open information and to halt the public perception of underhanded wrongdoing. Moore noted two issues of concern: 57 CITY COUNCIL MEETING September 21, 2011 Page 9 1. There was no council vote on the expenditures. He noted this could be resolved with a resolution at the next meeting 2. No City employee should be asked to perform free. He noted the City should pay the employee for their time. Molloy gave a history of the event on .Tune 15, 2011, reviewing the lay down items and noting the parade was privately sponsored and funded. Porter noted she had purchased gifts for volunteer work and the City Clerk is not a volunteer. Porter noted the lack of communication amongst the Council and noted all city employees should be treated equally. Porter suggested the City Manager handle all retirement issues. Gabriel reported he had not learned about the council donation until after the Clerk received her gift, and noted the process needed improvement. Bookey suggested the Council draft a policy to clarify the process, Koch reported Finance Director Eubank gave no approval of the purchase, noted the employee would be paid, and noted purchase orders were created after the items were purchased. Porter recommended better communication amongst Council members. Moore noted Administration would correct the issue of the employee and a resolution would be brought forward at the next meeting. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council an Aging -- Council Member Molloy reviewed the agenda of the September 8, 2011 meeting. H -7. Airport Commission -- Council Member Marquis reported the September 8 meeting had no quorum and no public attended regarding tree removal from airport lands. H -3. Harbor Commission -- Council Member Gabriel reported the next meeting would be October 10, 2011. H -4. Library Commission -- Council Member Marquis reported the next meeting would be October 4, 2011. H -5. Parks and Recreation Commission -- Council Member Moore reported the next meeting would be October 6, 2011. 58 CITY COUNCIL MEETING September 21, 2011 Page 10 H -6. Planning and Zoning Commission -- Council Member Molloy reviewed the meeting of September 14, 2011. H -7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee -- Mayor Porter reviewed the meeting of September 13 and noted the flowers around the City were gorgeous. H -7 -b. Alaska Municipal League Report -- No report. H -7 -c. Mini -Grant Steering Committee -- No report. H -7 -d. Kenai Convention and Visitors Bureau -- No report. Reports of KPB Assembly, Legislators and Councils - -No report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she attended the following events: • Strong Woman Walk • 9/11 Remembrance Ceremony in Soldotna • Retirement party for Herb Stettler • The Enstar Barbeque for CINGSA ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- Koch reported all commissions and committees were reviewing the Capital Improvement Project list; work on the dip net report would be wrapping up, Buccaneer representatives were in town, and he would be out of the office October 3 - 7, 2011. Koch also reviewed his plan for handling fish waste next summer and gave an update on the health plan. Porter asked Koch about the siding for the Senior Center. Koch reported it would go to bid in March, 2012. Porter asked Koch about playground equipment. Koch noted he would have a report at the next meeting. Porter asked Koch about enclosed trash receptacles. Koch reported he would collect bids in March 2012. Gabriel asked Koch about fencing dumpsters rather than purchasing bear resistant dumpsters. Koch noted he would look at the possibility. J -2. City Attorney -- Stearns reported the letter of non - objection had been received from the Department of Justice regarding changes to the election portion of the City code. J -3. City Clerk -- Deputy City Clerk Hall reported absentee voting had started September 19 and was running smoothly, and she had delivered packets for the September 27 work session to all council members. 59 CITY COUNCIL MEETING September 21, 2011 Page 11 ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments -- None. K -2. Council Comments Molloy had no comments. Marquis congratulated Olivia Pfeiffer on her award. Student Representative Daly reported on the blood drive at Kenai Central High School and noted the school had a disc golf club. Bookey thanked Porter for speaking at the 9/11 Remembrance Ceremony and welcomed retired City Clerk Carol. Freas, Gabriel thanked Merrill Sikorski for his comments and welcomed Public Works Director Wedemeyer. Moore welcomed Freas. EXECUTIVE SESSION -- Corrective meeting under Alaska Statute 44.62.310(1) to address a notice deficiency with respect to the August 18, 2011 Special Meeting (technical error in website publication) convened for the sole purpose of holding an executive session on financial matters related to CINGSA's gas storage project being developed in the City of Kenai. The purpose of the executive session is to discuss matters the immediate knowledge of which could have an adverse impact on the finances of the City of Kenai and to give direction to Administration and the City's legal counsel: negotiation with CINGSA regarding CINGSA's purchase of mineral rights, easements, and access to pore space. MOTION: Council Member Molloy MOVED to convene in executive session and requested the City Attorney and. City Manager attend. Council Member Marquis SECONDED the motion, VOTE: MOTION PASSED UNANIMOUSLY. BREAK: 9:26 P.M. BACK TO ORDER: 9:50 P.M. 60 CITY COUNCIL MEETING September 21, 2011 Page 12 Council Member Molloy reported the Council met in Executive Session and affirmed the meeting of August 18, 2011, received an update and gave direction to the City Attorney and City Manager. ITEM L: PENDING LEGISLATION ITEM M: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:51 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 61 Council present: Council absent: Others present: KENAI CITY COUNCIL WORK SESSION REVIEW OF CITY CLERK APPLICATIONS SEPTEMBER 27, 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Mayor P. Porter, R. Molloy, R. Marquis, T. Bookey, J. Moore M. Boyle, B. Gabriel L. Murphy, Consultant (City Clerk Recruitment) Mayor Porter opened the work session at approximately 6:00 p.m. In response to her question, all council members present stated that they would like to interview Sandra Modigh Ms. Murphy was asked to advertise a work session for Friday, October 7, 2011, to interview Ms. tviodigh and to arrange for her round trip transportation from Bethel to Kenai. In addition, she was asked to advertise a special meeting to follow the work session at 2:00 p.m. for the purpose of conducting an executive session to review the four finalists. Following the executive session, it was anticipated that the Council would vote to appoint one of the four finalists to the open City Clerk position. The work session was adjourned at 6:15 p.m. Notes prepared by: Linda Murphy ClerkWorks Alaska 62 03 PAYMENTS OVER $15,000.00 WHICH NEED C UNCIL RATIFICATION COUNCIL MEETING OF: OCTOBER 5, 2011 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ._._ PERS SEPTEMBER PERS VARIOUS LIABILITY 162.219.31 ICMA 457 PLAN ICMA 457 PLAN VARIOUS LIABILITY 24,856.42 AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 101,353,43 HOMER ELECTRIC ELECTRICAL USAGE VARIOUS UTILITIES 87,357.71 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. 0\ PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: OCTOBER 5, 2011 VENDOR YUKON EQUIPMENT DESCRIPTION DEPT. ACCOUNT OSHKOSH SNOW REMOVAL BROOM/E3LOWER BOYD, CHANDLER .& FALCONER LEGAL SERVICES INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION BLAZY CONSTRUCTION C10 #6 NP IMPROVEMENTS MANAGER MACHINERY & EQUIPMENT PROFESSIONAL SERVICES AMOUNT 814,600.00 44,492 29 P.O. # - DEPT. REASON STATE OF A SKA DOT/PF CHANGE ORDER 92868 - LIBRARY EXPANSION 95539 - STREET/SEWER PROJECTS AMOUNT TOTAL PO AMT FINAL ADJUSTMENTS 72,235.66 5,028,960.32 PROJECT EXPENSE 15,036.00 99,410.00 To: Corene Hall; Deputy 'City/ .Clerk From: Joe Moore, City Councilor Date:. September 27, 2011 Subject: October 5; 2.011 Council Meeting Agenda Corey, Please place a discussion and approv al. item on the October 5; 2011 Council. Agenda. It is my intent to make a motion to direct the City Manager to provide contract legal counsel to the Planning Zoning Commission on a case-by-case basis, as requested by the Commission. The P &Z Commission has requested this assistance from the City Council and it has been discussed at twodifferent Council meetings .without resolution. By directing the City Manager to- provide this support to the P &Z Comrnssion, The Council will have responded positively to the Commission and it can be determined the level of legal support that is required'. I have spoken with the City Manager about a source of funding to support this expenditure, and if limited to less than 54,000, sufficient funding is within the City Manager's budget which could be transferred to Planning and Zoning. I appreciate Councils positive consideration of this motion. 65 To: Corene Hall, Deputy City Clerk From: Joe Moore, City Councilor Date: September 27, 2011 Subject: October 5, 2011 Council Agenda Corey, Please place an approval item placed on the October 5, 2011 Council Agenda. It is my intent to make a motion to approve the expenditure of $1,160.66 for items related to the City Clerk's retirement. While the City has expended funds for employee's departures/retirements in the past the amounts have been significantly less than what was expended in this instance, and because no vote of Council was taken to approve this level of expenditure 1 believe the Council should ratify the expenditures, Thanks 66 KENAI, ALASKA Vilfaye with a 4 et with a Future' 210 Fidalgo Avenue, Kenai, Alaska 9961 1 -77 94 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 MEMORANDUM TO: Mayor Porter Vice Mayor Boyle Council Members Bookey, Gabriel, Marquis, Moore FROM: Council Member Molloy DATE: 09/20/11 SUBJECT: Item G7: Discussion -- City Clerk Retirement Expenditures Vice Mayor Boyle and I were the primary drivers of the items that led to public expenditures related to the recognition of and the celebratory events for our former City Clerk, Carol L. Freas, for her retirement after 26 years of service to the City (21 years as our City Clerk). Mayor Porter was either traveling to or from or in Missouri for the All - America City Competition at the time that most of our planning occurred. Volunteers with much more talent than me planned the actual implementation of and produced "Carol Freas Day and Retirement Party." After Council Member Moore introduces this discussion item, with the permission of the Mayor and Council, I can give a verbal report for the benefit of Council and the public. Vice Mayor Boyle is unable to participate telephonically in our 9/21/11 meeting. I have re- organized the documents, and have added some other documents and photos, keyed to the three (3) items involving public expenditures: fib Agenda Item A5: Appreciation of Carol L, Freas, Kenai City Cleric, On Retirement (June 15, 2011 Council Meeting); total of $79.53 public expenditure; #2: Council /City Gift to Ms. Freas; total of $350.00 public expenditure, excluding cost of gift card; and #3: Council /City Sponsored Retirement Events (Carol Freas Day and Retirement Party, June 29, 2011); total of 5731.13 net public expenditure. - 1 - Memo 9/20/11 67 1992 D PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION SEPTEMBER 28, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER There being no chair or vice chair, Commissioner Bryson called the meeting t approximately 7:02 p.m. 1 -a. Pledge of Allegiance Chair Pro Tempore Bryson led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Navarre Commissioners absent: Staff /Council Liaison present: 1 -c. Agenda Approval MOTION: order at P. Bryson, H. Knackstedt, K. Koester, K, Rogers, T. J. Twait (arrived at 7:11 p.m.), S. Romain Assistant City Planner N. Carver, Deputy City Clerk C. Hall, Council Member R. Molloy Commissioner Knackstedt MOVED to approve the agenda as presented. and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Navarre MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by consent agenda. *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 68 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. ITEM 2: *APPROVAL OF MINUTES -- September 14, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3 -a. Rick Koch, Kenai City Manager — Kenai Bluff Stabilization Project Update City Manager Koch reviewed the history of the project, noting the Corps of Engineers was currently moving forward with the final feasibility study, rioting they had secured the funding for 65% of the project. Koch reported the City's 35% would be approximately $15 million. He noted five buildings would need to be removed as part of the project and there would be a public meeting late in October to go over all those details. Clerk's note: Commissioner Bryson handed the gavel to Chair Twait at this time. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -34 — An application to rezone Tract C, Central View Subdivision from Rural Residential to Heavy Industrial. Application submitted by Rick Koch, 4575 Kenaitze Court, Kenai, Alaska. MOTION: Commissioner Navarre MOVED to approve PZ11 -34 and Commissioner Knackstedt SECONDED the motion. Assistant City Planner Carver reviewed the staff report included in the packet. Chair Twait read the rules of public hearing and opened the meeting to public comment, Fran Jones, 226 Susieanna Lane -- Ms. Jones reported she lived on the bluff above the property and her concerns were with increased noise. Rick Koch, 4575 Kenaitze Court -- Mr. Koch, applicant, reported his original plan had been to build a house and shop on the property. He noted he had since purchased a home and would not be building a principal residence on the property, so a rezone would be needed to put up a shop. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 PAGE 2 69 Commissioner Rogers asked if there would be drilling on the property. Koch responded no. Commissioner Bryson asked if Koch would be open to a split zone. Koch responded yes. Commissioner Navarre asked if the legal access would be through the heavy industrial zone. Koch replied yes. Knackstedt asked where the stream went after it left Koch's property. Koch replied it want beneath the pad on the property south of his through a culvert. Navarre asked if there was a well since there was no city water and sewer. Koch replied he had a well. Fran Jones, 226 Susieanna Lane -- Ms. Jones reported she was not opposed to his plan but was concerned if he sold the property in the future. Commissioner Navarre requested Commissioner Bryson review the idea of a split zone. Bryson reported the low area was appropriate for industrial use, but was concerned with the closeness of the residential area. Knackstedt reported the low lands and slope already restricted development and asked if the Commission could impose restrictions. Carver responded yes. Twait asked if it was possible to get a conditional use permit. Carver reported a conditional use permit would not be allowed. MOTION: Cornrnissioner Bryson MOVED to postpone PZ11 -34 to the October 12 meeting to allow staff to research the split zone. Commissioner Navarre SECONDED the emotion. Knackstedt asked Koch if he had concerns with postponement. Koch replied he would use the property for storage, but no building was immediately planned. Carver noted Administration would not offer other options as they were trying to eliminate split zones. VOTE ON POSTPONEMENT: it I NO Bryson YES Romain ABSENT PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 PAGE 3 70 Knackstedt NO Koester NO 1 Rogers NO Navarre NO MOTION FAILED. Commissioner Navarre requested UNANIMOUS CONSENT on the main motion. Commissioner Bryson objected. VOTE: '!wait i YES Bryson NO Romain ; ABSENT Knackstedt i YES Koester YES Rogers ' YES Navarre YES j MOTION PASSED. ITEM 6: UNFINISHED BUSINESS -- None. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9 -a. City Council -- Council Member Molloy reviewed the Flanders /Kenai Peninsula Racing Lions Board of Adjustment decision, which was granted in part and denied in part; noting pit bikes would require a separate conditional use permit. Molloy reviewed the September 21 City Council meeting action agenda included in the packet, noting Council's suggestion to provide legal counsel at Planning and Zoning Commission meetings as needed and supporting Planning Commission training for all commissioners in November. Molloy reviewed the September 27 Council Work Session regarding Clerk Recruitment, noting one additional applicant would be interviewed on October 7, then the Council would convene into Executive Session to review the finalists and return to the meeting to appoint a City Clerk. 9 -b. Borough Planning -- Commissioner Bryson reviewed the agenda of the September 26 Borough Planning Commission meeting, noting no issues pertained to the City of Kenai. 9 -c. Administration -- Carver reported there would be a work session prior to the October 12 meeting, beginning at 5:30 with a light meal provided, and it would continue after the meeting if needed. Carver noted the purpose of the work session would be to complete work on the land use table they had been worldng on earlier in PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 PAGE 4 71 the year. Carver noted Commissioners Twait and Knackstedt would attend Planning Commission training in Fairbanks, along with. City Planner Kebschull and Carver herself. ITEM 10: ITEM 11: 11 -a. 11 -b. 11 -c. PERSONS PRESENT NOT SCHEDULED -- None. INFORMATION ITEMS Commissioner Rogers request for excused absence for 11/9/11 and February 2012 meetings. Planning & Zoning Request for Legal Representation. Planning Commission Training. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. October 12, 2011 No commissioners requested an excused absence for the October 12, 2011 meeting ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre noted October 12 would be his last meeting on the Commission. ITEM 14: MOTION: ADJOURNMENT Commissioner Navarre MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:25 p.m. Minutes prepared and submitted by: Corenerial, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 PAGE 5 72 Tim Navarre Box 92 Kenai, Alaska 99611 September 28, 2011 Mayor Pat Porter City of Kenai 210 Fidalgo Ave. Kenai, Alaska 99611 SEP 2 8 2011 Al CITY CLERK Dear Mayor Porter Please accept this letter as notification that I am resigning my position on the Planning and Zoning Commission on October 13th 2011. It has been both an honor and a pleasure to serve. It is my hope to make this as smooth a transition from the commission to council. Sincerely, Tim Navarre 73 A et/ KENAI, ALASKA September 20, 2011 Fred Perez VIA e -mail: bigmexak(a�yahoo.com MV llaye with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us RE: City -owned parcels identified as KPD Parcel #04308009, 04304004, 04308004, and 04305035 Dear Mr., Perez, The purpose of this letter is to respond to your September 19, 2011 letter of interest in the above - referenced properties. The following information was provided to me regarding these properties: 1. These properties are zoned Conservation. 2. The Zoning Code defines the intent of the Conservation zone as, "The C -Zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. It is intended that this zone shall apply mainly to publicly owned land." 3. These properties are located along the drainage for what is known as "No Name Creek.' 4. The Alaska Department of Fish & Game has identified the southern portion of this drainage as an anadromous stream 5. Attached are maps showing the property locations overlaid with lidar data from the Kenai Peninsula Borough. These maps show the creek drainage. It is in the City's best interest to preserve these lands in their conservation status to protect this watershed. Please feel free to contact me at (907) 283 -8222 if you have any questions. Sincerely, CITY OF.KEy21AI ck ".' h City Manager Enclosure 74 42_1013 01611 4321014 4321015 4 4' 1. 4 4 1- 4401,3'-43224016 7.433�4C15 u-.4,...„4„144334011 4' 2 4334 4....uL .3'$334 - 0325009 ..... 4132901/49,14•' 32901% !� ?2Fe0.345329035 4',�i2901: 433..,'113 3'33562i re 433502 4 0 b -- 432502` — .r7329(2II 4::25003 `-1-1 4335074 12.0 =131 • c J 4,2_u'0:'. 452c022412E023j 4329036 4335014 154 1 : 4 4.250R74�° 3 4 2- 42751441 ,_ 43-50,5 e31+02 C 33515{.3 4 432504'5 h502 e, "5u � 43a_J`d 4 x0 c4_'.i� �9 43500 3 835 5 4.1,25./07 '3250 -4'i 523 l4aa�r -_ -C' I 'g39�G174�- z'3i59 3024 - f 25 °' 2 14'_- rE0 ,42.25 1 32501 15-4033 5022 - i0:e 43754 2 . - r 2,621 4_2309 - -- r ?) 361 ,.,, --. 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(-1-1 664 3069 1- µ313°k'3 µ313008m3 0 -i- 1 • :.1 I�a313� C3130 14 ?7h C1302:. .11 .I 4312008 1 451301543130`1443i3g26_ 1 -, -�3' 43130204313921 1 ,PUR HVVY 4312005 4312005 4316C1Y- 1- 476010 431601343160i5 4316002 43160144310 6 43150015 • FIRST AVE 4316008 4712'^ 0 _ '2 31 025 _- _- 37DYC�- • C 1201 iid 4701009 1.12 ,C6 43130$7'4130Z: I i SEC VE 4317018 4317001 170 :43170194.3170024317003-431 '7 43179'31 m 4316017 x"9703 43172320 i 1 4314025 I X4..::0 -- c 31'036 - 431702.1 .43170344 I 1431701;3 - 431702u4.4:7930 4310".- 470:: I, ',43: -_.= 2. 75 4-02061 • 46329. %4,. 43:..2 ...707E 4317036 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: OCTOBER 5, 2011 VENDOR DESCRIPTION DEPT ACCOUNT AMOUNT WEST PAYMENT CENTER FY12 INFORMATION CHARGES LEGAL BOOKS 3,480.00 AMAZON.COM BOOKS LIBRARY BOOKS 3,000.00 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 4,000.00 ALYESKA SALES TIRES SHOP OPERATING SUPPLIES 64000 FERGUSON ENTERPRISES RANDEE LANE PROJECT PIPE, E I C. SEWER REPAIR & MAINTENANCE 6,674.44 MILEPOST FY12 ADVERTISEMENT LEGISLATIVE ADVERTISING 3,500.00 0 Members .11aska State Chamber of Conrnrerce Alaska Native Groups Environmental Groups Reereational Groups ,4gttacuhure .Associations Fishing Organizations Ciry of Kodiak City of Kenai City of S'elr/ovia City of Homer Kodiak Island Borough Kenai Peninsula Borough Municipality of Anchorage The mission of the Council is to represent the citizens of Cook In /et in promoting emironmervally cafe marine transportation and oil fitcthty operations in Cook Inlet." ScP 2 8 2911 September 26, 2011 The honorable Pat Porte Mayor City of Kenai 21.0 Fida.lgo Avenue Kenai, AK 99611 Dear Mayor Porter: On behalf of the Cook Inlet Regional Citizens Advisory Council (CIRCAC), please accept our appreciation. for your Letter of Support in our recent Federal Recertification effort. Your extensive familiarity with our mission and specific projects is very gratifying, and we value our working relationship with you and your staff. We are excited to report to you that we have been notified by U.S. Coast Guard Rear Admiral Thomas P. Ostebo, Commander 17'" Coast Guard District, that our Recertification has been approved. That letter has been posted in the Federal Register. Letters submitted during the public comment period were overwhelmingly in favor of Recertification. No conditions were stipulated by the Coast Guard. Our application for Recertification touted accomplishments and efforts toward our goals. Recertification is critically important toward that effort. None of it would be possible without the commitment and support of our Congressional delegation, state, borough and Local officials, the agencies, stakeholder partners and their volunteer representatives, and so many others. We value your support and do not take it lightly. Please do not hesitate to contact us with any questions or concerns you may have. Thank you again for taking the time to submit a Letter of Support on our behalf, and for sharing in OUT ,R,ecertification accomplishment. Very best wishes, Michael Mu Executive Director Cook it Regional Citizens Advisory Council " 8195 Kenai Spur liar Phone: (907) 283- 7222 :r Fars (907) 283 -6102 77 mi. AK 9941 033 NOTICE OF PUBLIC HEARING OCTOBER 5, 2011 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2584 -2011 -- Increasing Estimated Revenues and Appropriations by $21,300 in the General Fund -- Non - Departmental for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town, Kenai. 2. Ordinance No. 2585 -2011 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 3. Resolution No. 2011 -70 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $814,600 Utilizing the State of Alaska Cooperative Fleet Purchasing Program. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. vri. e-4A --L `_ tcc'2-i' Corene Hall, Deputy City Clerk Posted: September 30, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF OCTOBER 5, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting 1. Ordinance No. 2584 -2011 -- Increasing Estimated Revenues and Appropriations by $21,300 in the General Fund -- Non - Departmental for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town, Kenai. 2. Ordinance No. 2585 -2011 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 3. Resolution No. 2011 -70 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $814,600 Utilizing the State of Alaska Cooperative Fleet Purchasing Program. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. ( Hall, Deputy City Clerk Posted: October 6, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING OCTOBER 5, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2584-2011 -- Increasing Estimated Revenues and Appropriations by $21,300 in the General Fund -- Non - Departmental for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town, Kenai. 2. Ordinance No. 2585 -2011 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 3. Resolution No. 2011 -70 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $814,600 Utilizing the State of Alaska Cooperative Fleet Purchasing Program ITEM G: NEW BUSINESS 1. Ratification of Bills. 2. Approval of Purchase Orders Exceeding $15,000. 3. Approval Item -- Legal Counsel for Planning and Zoning Commission. 4. Approval Item -- Expenditure for Items Related to Clerk Retirement. EXECUTIVE SESSION -- discussing pending litigation of which immediate knowledge would have an adverse effect upon the finances of the City and to give direction to the City Attorney regarding the handling of a specific legal matter -- Tammy Spillman v. City of Kenai, Superior Court Case No. 3KN -11 -00693 CI. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: / /www.ci.kenai.ak.us. Corene Hall, Deputy City Clerk D/211 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA Jy ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, AIaska, that the Council Agenda PO #96546 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: October 3, 2011 X ILE",_>.na , ii'e1%f ritz SUBSCRIBED AND SWORN to me before this 6th da of October _ 2011 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 AGENDA KENAI CITY COUNCIL — REGULAR MEETING OCTOBER 5;:2011 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS http://wwvvoLkenatak.us ITEM D: PUBLIC HEARINGS 1 Ordinance No 2584 -2011 -- Increasing Estimated Revenues and. Appropriations by $21.300 in the General Fund - Non- Departmental . for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin ary Russian Orthodox Church, a National Historic Landmark, Located n Old Town, Kenai. Z Ordinance No. 2585 -2011 -- Adepbng Updated Zonis aps for the Comprehensive Plan for the City of Kenai. Resolution No. 2011.70 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $814600 Utilizing the State of Alaska Cooperative Fleet Purchasing Program ITEM G. NEW BUSINESS 1. of Bills. 2. Approval of Purchase Orders Exceeding $15,000 1 : Approval Item -- Legal Counsel for Planning and Zoning Commission:. 4. Approval Item -- Expenditure for Items Related to Clerk Retirement EXECUTIVE SESSION -- discussing pending litigation of which immediate` knowledge would have an adverse effect upon the finances of the City and to give direction to the City Attorney regarding the handling of a specificf legal matter -- Tammy Spillman v. City of Kenai, Superior Court Case No. 3KN-11-00693 CI, ITEM M: ADJOURNMENT The public is Inv ted to attend and participate. Additional inform available through the City Clerk's office at. 210 Fidalgo Avenue, or website at http:P/www.ci kenalak.us. Lorene Hall, Deputy City Clerk