6:00 pm kenai city council chambers 210 fidalgo ave., kenai, ak 9961

276 Pages·2017·40.84 MB·English

by  Jamie Heinz

KENAI CITY COUNCIL – REGULAR MEETING
AUGUST 2, 2017 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city

A. CALL TO ORDER

1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)

*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which
case the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.

B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)

1. John Williams – Restored Fire Truck’s Fourth of July Parade Trophy.

C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes
per speaker; thirty (30) minutes aggregated)

D. PUBLIC HEARINGS

1. Ordinance No. 2968-2017 – Appropriating General Fund Balance Funds into
General Fund Land Administration-Lands Fund for the Purchase by the City of
Kenai’s General Fund of Airport Property Outside the Airport Reserve Constituting
Approximately 16.49 Acres of Real Property Described as S1/2 S1/2 SW1/4,
Section 33,T6N, R11W, Seward Meridian, Commonly Referred to as ‘Lawton Acres’
and Deed Restricting the Future Use Of the Property to Parks and Recreational
Uses to be Retained by the City for a Public Purpose.
[Clerk’s Note: This item was postponed to this meeting from the July 5 meeting for
a third public hearing and Airport Commission review and recommendation on July
13. A motion to enact is on the floor.] ............................................................. Pg. 5

2. Ordinance No. 2971-2017 – Amending Kenai Municipal Code Section 1.15.060 -
Motions, to Provide for Deferring a Motion or Agenda Item Beyond the Next
Meeting. ........................................................................................................ Pg. 81

3. Ordinance No. 2972-2017 – Appropriating Funds in the Airport Fund, Accepting a
Grant from the Federal Aviation Administration and Appropriating Funds in the
Airport Equipment Capital Project Fund for the Purchase of Snow Removal
Equipment (SRE) – Loader with Attachments and a Multi-Purpose Broom. .. Pg. 85

Kenai City Council Meeting Page 1 of 4
August 2, 2017
4. Resolution No. 2017-48 – Awarding an Agreement for Construction of Kenai
Animal Control Shelter Flooring Renovation. ............................................... Pg. 88

5. Resolution No. 2017-49 – Awarding an Agreement for Construction of Kenai Public
Safety Building Boiler Replacement. ............................................................. Pg. 90

6. Resolution No. 2017-50 – Providing for The Submission to the Qualified Voters of
the City of Kenai, at its Regular Election of October 3, 2017, the Advisory Question
of Whether the City should use General Funds or General Fund Land for the
Purchase of or Trade for Airport Land Commonly Referred to as “Lawton Acres”,
which is Airport Land Outside the Airport Reserve Constituting Approximately 16.49
Acres of Real Property Described as S1/2 S1/2 SW1/4, Section 33,T6N, R11W,
Seward Meridian. .......................................................................................... Pg. 92

7. Resolution No. 2017-51 – Accepting and Adopting the 2017 Airport Master Plan.
.................................................................................................................. Pg. 125

8. Resolution No. 2017-52 – Amending the Financing Terms and Purchasing Party
for the Sale of Tract A, Dragseth Subdivision 2016 Addition, According to the Official
Plat Thereof, Under Plat No. 2016-22, Filed in the Kenai Recording District, Third
Judicial District, State of Alaska, Including All Improvements Thereon as Previously
Approved in Ordinance No. 2957-2017 (Substitute). .................................. Pg. 140

9. Resolution No. 2017-53 – Supporting Kenai Peninsula Borough Ordinance 2017-
17, Establishing an 8 Percent Areawide Sales Tax on Temporary Lodging and
Providing for an Exemption of up to 4 Percent of the Levy on Temporary Lodging
Within the Boundaries of Cities in The Borough that Levy a Similar Sales Tax in
Addition to an Existing General Sales Tax, Subject to Approval by the Voters in the
Regular Election on October 3, 2017. ........................................................ Pg. 171

E. MINUTES

1.*Regular Meeting of July 5, 2017 .................................................................. Pg. 174

F. UNFINISHED BUSINESS

1. Ordinance No. 2969-2017 – Amending Kenai Municipal Code Title 24 – Municipal
Cemetery, to Update Procedures for Development of Cemetery Regulations and
Opening and Closing of Graves, and to Provide Regulations in the Cemetery
Regulations Appendix for Columbarium Niches, Marker or Headstone Deposits,
and Other Housekeeping Changes.
[Clerk’s Note: This item was postponed to this meeting from the July 5 meeting. A
motion to amend is on the floor.] ................................................................ Pg. 184

2. Resolution No. 2017-43 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes to Cemetery Fees.
[Clerk’s Note: This item was postponed to this meeting from the July 5 meeting. A
motion to adopt is on the floor.] .................................................................. Pg. 190

Kenai City Council Meeting Page 2 of 4
August 2, 2017
G. NEW BUSINESS

1. *Action/Approval – Bills to be Ratified. .................................................... Pg. 195

2. *Action/Approval – Purchase Orders Exceeding $15,000. ....................... Pg. 196

3. *Ordinance No. 2973-2017 – Accepting and Appropriating a Grant from the State
of Alaska for the Purchase of Library Books. ............................................. Pg. 197

4. *Ordinance No. 2974-2017 – Accepting and Appropriating a Grant from the United
States Department of Transportation Passed Through the State of Alaska
Department of Transportation and Public Facilities for the Reduction of Fatalities
and Injuries on Roadways. ......................................................................... Pg. 200

5. *Ordinance No. 2975-2017 – Appropriating Funds in the Airport Fund, Accepting a
Grant From the Federal Aviation Administration and Appropriating Funds in the
Airport Capital Project Fund for the Terminal Building Rehabilitation Project and
Awarding a Contract to Wince-Corthell-Bryson Consulting Engineers for Design
Services. ................................................................................................... Pg. 203

6. *Ordinance No. 2976-2017 – Increasing Estimated Revenues and Appropriations
by $15,371 in the Airport Fund and in the Airport Improvement Capital Project Fund
for the 2016 Airport Fencing Rehabilitation Project. ................................... Pg. 212

7. *Ordinance No. 2977-2017 – Amending Kenai Municipal Code Sections 14.20.151
– Application for Conditional Use Permit for Surface Extraction of Natural
Resources, 14.20.152 – Review of Application, 14.20.153 – Public Hearing,
14.20.154 – Issuance of Permit, 14.20.155 – Operation, 14.20.156 – Yearly Review,
14.20.157 – Termination, 14.20.158 – Amendment or Transfer, to Allow the
City Planner to Determine Application Completeness and Making Other
Housekeeping Changes............................................................................. Pg. 215

8. *Ordinance No. 2978-2017 – Increasing Congregate Housing Fund Estimated
Revenues and Appropriations to Provide Repair and Maintenance Funds That
Were Inadvertently Omitted from the Funds FY2018 Budget. .................... Pg. 224

9. Action/Approval – Mayoral Nomination and Council Confirmation of Clyde
Crandall to the Harbor Commission. .......................................................... Pg. 227

H. COMMISSION/COMMITTEE REPORTS

1. Council on Aging
2. Airport Commission ................................................................................... Pg. 228
3. Harbor Commission ................................................................................... Pg. 231
4. Parks and Recreation Commission ............................................................ Pg. 234
5. Planning and Zoning Commission ............................................................. Pg. 236
6. Beautification Committee
7. Mini-Grant Steering Committee

Kenai City Council Meeting Page 3 of 4
August 2, 2017
I. REPORT OF THE MAYOR

J. ADMINISTRATION REPORTS

1. City Manager ............................................................................................. Pg. 251
2. City Attorney
3. City Clerk

K. ADDITIONAL PUBLIC COMMENT

1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments

L. EXECUTIVE SESSION

1. Review and Discussion of Candidates, Interview Questions and Interview Dates for
the City Clerk Position. [AS 44.62.310(C)(2)(3) a Subject that Tends to Prejudice
the Reputation and Character of an Applicant and Matters which by Law, Municipal
Charter, or Ordinance are Required to be Confidential.]

M. PENDING ITEMS – None.

N. ADJOURNMENT

****************************************************************************************************

INFORMATION ITEMS

1. Purchase Orders between $2,500 and $15,000 for Council Review.

The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the
Council Chamber prior to the meeting. For additional information, please contact the City
Clerk’s Office at 907-283-8231.

Kenai City Council Meeting Page 4 of 4
August 2, 2017
Sponsored by: Council Member Boyle

CITY OF KENAI

ORDINANCE NO. 2968-2017

AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
GENERAL FUND BALANCE FUNDS INTO GENERAL FUND LAND ADMINISTRATION-LANDS
FUND FOR THE PURCHASE BY THE CITY OF KENAI’S GENERAL FUND OF AIRPORT
PROPERTY OUTSIDE THE AIRPORT RESERVE CONSTITUTING APPROXIMATELY 16.49
ACRES OF REAL PROPERTY DESCRIBED AS S1/2 S1/2 SW1/4, SECTION 33,T6N, R11W,
SEWARD MERIDIAN, COMMONLY REFERRED TO AS ‘LAWTON ACRES’ AND DEED
RESTRICTING THE FUTURE USE OF THE PROPERTY TO PARKS AND RECREATIONAL
USES TO BE RETAINED BY THE CITY FOR A PUBLIC PURPOSE.

WHEREAS, the City obtained the 16.49 acre parcel (Lawton Acres) from the Federal Aviation
Administration (FAA) in 1964, via a Quit Claim Deed generally restricting the use of the property
to development, improvement, operation or maintenance of the Airport; and,

WHEREAS, pursuant to a request by the City on April 20, 1983, the FAA issued a Deed of
Release for Lawton Acres containing a Reverter Clause similar to the original Quit Claim Deed
that provides that if the terms and conditions of the conveyance document are not followed, the
property will revert to the federal government at its option; and,

WHEREAS, in accepting the Deed of Release, the City Council passed Resolution 83-48
providing that proceeds from any sale or lease of the property would be devoted to the Airport for
development, improvement, operation or maintenance; and,

WHEREAS, Lawton Acres is not needed by the Airport for Airport purposes; and,

WHEREAS, the funds utilized for the purchase will not leave the City, but transfer from the
General Fund to the Airport for Airport uses; and,

WHEREAS, Lawton Acres is currently and has historically been zoned as Conservation allowing
for Parks and Recreational uses; and,

WHEREAS, the City’s 2016 Comprehensive Plan provides for Lawton Acres to be parks,
recreation and open space; and,

WHEREAS, historic and recent efforts by the City to sell Lawton Acres for development purposes
has been met with public opposition in favor of maintaining the existing uses; and,

WHEREAS, the City Council and majority of public comments reflect a desire for a permanent
resolution for the property eliminating future uncertainty and conflict; and,

WHEREAS, there is significant public support, expressed in writing and orally at public meetings,
for the purchase of Lawton Acres by the General Fund to allow for preservation of property; and,

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Ordinance No. 2968-2017
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WHEREAS, preserving the property in its current state or allowing limited Parks and Recreational
development will maintain the sanctity of the surrounding residential neighborhoods and provide
separation from industrial and commercial areas; and,

WHEREAS, at least parts of the 16.49 acres, which specifically includes the ‘Field of Flowers,’ is
already used as a public park; and,

WHEREAS, the City’s General Fund has sufficient funds to purchase the property without
significant negative implications; and,

WHEREAS, KMC 21.15.080-Appraisal, requires that Airport land be appraised within the last 12
months prior to a sale, and KMC 21.15.180-Sale, requires the sale to be at fair market value; and,

WHEREAS, KMC 22.05.135-Acquisition of Property, allows the Council to authorize the purchase
of property for a public use, after a qualified appraiser has appraised the property; and,

WHEREAS, it is in the best interest of the City to purchase the property at its appraised value for
the public use of preserving the property in its current state or allowing limited Parks and
Recreational development to maintain the sanctity of the surrounding residential neighborhoods
and provide separation from industrial and commercial areas and create public parks and
recreational opportunities for all residents of the City; and,

WHEREAS, placing a deed restriction on the property restricting its use in perpetuity for parks
and recreational uses, will accomplish the public purpose in the property acquisition.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:

Section 1. Form: That this is a non-code ordinance.

Section 2. Statement of Ownership: That the City of Kenai, on behalf of the Airport is the
Owner of the real property described as S 1/2 S 1/2 SW 1/4, Section 33, T6N, R11W, Seward
Meridian.

Section 3. Public Purpose and Best Interest Findings: That the Kenai City Council further
finds the acquisition of the subject parcel to be in the best interests of the citizens of the City of
Kenai and that the public interest shall be served by its acquisition for the total purchase price as
established by a fair market value appraisal, in accordance with the recitals above which are
incorporated herein. That it is further found that the property is not needed for Airport purposes.

Section 4. Authorization of Purchase: That the Kenai City Council hereby authorizes the City
Manager to purchase the real property described as S 1/2 S 1/2 SW 1/4, Section 33, T6N, R11W,
Seward Meridian, for the total purchase price as appraised, on a form approved by the City
Attorney, to be retained by the City for public use and restricted as provided below.

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Ordinance No. 2968-2017
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Section 5. That estimated revenues and appropriations be increased as follows:

General Fund
Increase Estimated Revenues –
Appropriation of Fund Balance: $

Increase Appropriations:
Land Administration – Land: $

Section 6. Title: That Title shall be conveyed by a Quit Claim Deed. Any instrument
conveying Title to the property shall include the following restrictions, promises, and/or covenants:

(a) that the City of Kenai reserves unto that the Grantee expressly agree for itself and
its heirs, executors, administrators, successors, transferees, and assigns, for the use and
benefit of the public a right of flight for the passage of aircraft in the airspace above the
surface of the property, together with the right to cause in said airspace such noise as may
be inherent in the operation of aircraft, now known or hereafter used, for navigation of or
flight in the said airspace, and for use of said airspace for landing on or at and for taking
off from or operating on Kenai Municipal Airport; and,

(b) that the Grantee expressly agree for itself and its heirs, executors, administrators,
successors, transferees, and assigns to restrict the height of structures, objects of natural
grown, and other obstructions on the property to a height of not more than 242 above
mean sea level; and,

(c) that the Grantee expressly agree for itself and its heirs, executors, administrators,
successors, transferees, and assigns to prevent any use of the property which would
interfere with landing or taking off of aircraft at the Kenai Municipal Airport, or otherwise
constitute an airport hazard; and,

(d) that in perpetuity, the use of the property shall be restricted for public park,
recreation; and,

(e) that all covenants heretofore stated, shall run with the land and shall inure to the
benefit of, and be binding upon the heirs, executors, administrators, successors,
transferees, and assigns of the parties to the contract for sale and conveyance.

Section 7. Proceeds of Sale: That should a sale of the property be finalized, all revenues
from the sale shall be deposited in the Airport Land Sale Permanent Fund for use in the
development, improvement, and operation of the Kenai Municipal Airport and as otherwise
required in that Deed of Release executed on April 20, 1983 and recorded at Book 209, Pages
30-31, Kenai Recording District.

Section 8. Severability: That if any part or provision of this Ordinance or application thereof
to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this Title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this Ordinance even
without such part, provision, or application.

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Ordinance No. 2968-2017
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Section 9. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after adoption.

ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of June, 2017.

BRIAN GABRIEL SR., MAYOR
ATTEST:

City Clerk

Introduced: June 7, 2017
Enacted: June 21, 2017
Effective: July 21, 2017

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210 Fidalgo Ave, Kenai, Alaska 99611-7794
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Telephone: [phone] Fax: [phone]
www.kenai.city
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Council Member Boyle
DATE: June1,2017
SUBJECT: Ordinance No. 2968-2017 regarding Lawton Acres
Ordinance 2968-2017 proposes to purchase Lawton Acres utilizing General Fund, Fund Balance
and deed restrict the property for Parks and Recreational uses. The funds utilized for the
purchase will stay within the City and will be utilized for the benefit of the City's Airport. This
direction is consistent with historic and recent public testimony and provides a final solution and
direction for Lawton Acres.
Kenai Municipal Code requires that the property be appraised and the purchase price reflect fair
market value. There is not a recent appraisal on the property. This Agenda includes an Action
Approval item authorizing the City Manager or City Attorney to obtain an appraisal. It is my
understanding that an appraisal can be accomplished by June 19, 2017. This would allow the
Council to know the purchase price of the property prior to voting on enactment of this Ordinance
at Council's June 21, 2017 meeting.
Your consideration is appreciated.
Page 9 of 276
Compromise Between City Residents and The City of Kenai: Lawton Acres.
Background:
A: The area known as Lawton Acres (see attachment)-a stretch of land in the City of Kenai, Alaska - running along
the Kenai Spur Highway from Walker Lane to Rogers Road on the North side and from Walker Lane to Rogers
Road along Lawton Drive on the South side - continues to resurrect itself for consideration by the City
Council/Planning and Zone Commission for rezoning, conditional use considerations, and potential sale.
B. It would seem to make sense to reach a permanent solution versus revisiting the issue over and over.
Note: The land is currently drawn up by the City as four tracts (A-D) (see the attached drawing). Starting on at Tract A
on the Walker Lane side, the lot may be 150 feet deep, but there is only 100 feet of tree cover. For Tracts A and B, one
can see the Spur Hwy through the trees already. Lack of an adequate buffer is a paramount issue with the area's
residents. The Walker Lane end of Lawton Acres (Tracts A and B) appears to be too narrow to allow a realistic -
commercial to residential-transition. A 30 feet buffer at Tract A and B is just too thin in width!
Tract C (Field of Flowers) is a former fire training ground and is plagued with contamination.
Option:
1. Deem Tracts A, B, and C as not being commercially viable - using the rational of narrowness (lack of
adequate buffer) of Tracts A & B and contamination of Tract C. Petition the FAA to deed over to the
City without charge and without land sale requirements due to the costly process to make a viable
and acceptable buffer or to remediate contamination. The three tracts would then be added to the
City Parks systems and would be under the care of Parks and Recreation.
2. With input from the Lawton Acres affected residents, sell, via an acceptable competitive offer, the
property (Tract D) from Rogers Road to the beginning of Tract 3 (Field of Flowers) as LIMITED Light
Commercial conditional use property-allowing such development as a Professional Office Building,
Medical(Doctor's Office) or Dental Office. Require using a Spur Highway entrance, or possibly Rogers
Road entrance and with limited reduction in trees toward the Lawton Drive side. Proceeds would go
into the Airport Fund to further support the Kenai Airport. NOT ALL COMMERICAL USE ZONE
BUSINESSES OR STRUCTURES WOULD BE ALLOWED. Stipulations would be made of the purchaser
to provide development that has the esthetics and design to be the least conspicuous. Strict
adherence to submitted site and building plans would be required. The Lawton Drive/Rogers Road
buffer zone could be 150-200 feet! Since once trees are cut down it is impossible to replace them,
close scrutiny is required by City Inspectors or designated personnel in the property Landscape
phase.
THOUGH IN A PERFECT WORLD, HAVING EVERYTHING STAY THE SAME MIGHT BE IDEALISTIC, THIS COMPROMISE
WOULD ALLOW THE AREA TO GET THIS ISSUE BEHIND US.
Attachments - Lawton Acres - Tracts A, B, C, and D.
Page 10 of 276