At the November 2, 2011 meeting, the first couple of items took up most of the time.
First, we approved ordinance number 2586-2011. This ordinance rezoned a piece of property from “Rural Residential” to “Heavy Industrial” which sounds like a major change, right? Well, perhaps not. The owner of the property — for full disclosure’s sake, the parcel is owned by Kenai’s City Manager, Rick Koch — originally planned to build a house and a large shop on the property. Before developing the parcel, he came across a great deal on a different house and purchased it. Now, he wanted to still build his shop on the original parcel but since it was zoned residential a lone shop wasn’t an allowed use. As a private property-owner, he initiated the process of applying for a rezone. The Planning and Zoning Commission held their independent hearing and recommended the rezone to Council by a vote of 5 – 1, before it was sent to the City Council.
A couple of things are worth nothing about the property. This property is accessed off of Bridge Access Road. The parcel is adjacent to parcels in the Walker Lane and Rogers Road neighborhoods; however, development is limited due to the slope of the bluff in that area. Further, the natural topography maintains a buffer between this parcel and the other residential areas. The bluff, gulley, and anadromous stream that runs through the parcel would prohibit most types of industrial development that would have a negative impact on residential areas. The property was also already bordered by Heavy Industrial-zoned parcels. The applicant’s intended use — a personal shop — coupled with the natural limitations to major development (in the case of future property owners) eased some of my concerns about expanding Heavy Industrial zones that abut Residential zones. Councilmember Molloy made a motion to postpone the ordinance, contract with a private planning firm, and contract with an outside attorney to get an entirely independent recommendation, which would assuage concerns that the rezone applicant was also at the top of the administrative hierarchy in the City. This motion ultimately didn’t pass and my reason for voting against it was that I believed that a private planner would come to the exact same recommendation that Council received otherwise, but at the cost of thousands of dollars. Following a couple of minor amendments to the supporting language, the ordinance passed 5 to 2, with Councilmembers Molloy and Boyle dissenting.
The next item on the agenda was ordinance number 2587-2011, which is intended to change and codify the existing process for appointing members to the Planning and Zoning Commission. The ordinance is the result of a worksession held in May following a different ordinance that was unsuccessful. The ordinance, sponsored by Councilmembers Bookey and Molloy, creates a period of advertisement of vacancies on the commission and provides time for the Council and the public to review the applicants the Mayor intends to appoint. Code requires that the Mayor nominate commissioners and the Council either confirms or rejects the applicant. Since the Council has the responsibility of confirming or rejecting nominations, I feel it is important that the Council has some advance notice of whom the Mayor intends to nominate. Planning and Zoning Commissioners have a fair bit of influence over how the City is developed and it is important that Councilmembers are afforded the opportunity to take their responsibilities of confirmation seriously and not on the spur-of-the-moment. That said, I felt ordinance that the ordinance created a process that was too time-consuming and left the Planning and Zoning Commission with vacancies that were too extensive. After much discussion and procedural moves, the Council ultimately postponed the ordinance and scheduled a worksession for further discussion. The ordinance will come back to Council in December with, I’m expecting, certain amendments that expedite the process of filling vacancies.
Following those two ordinance, the Council appropriated funds – most of it grant funding – to a number of different projects. Among the grant funding was $1.75 million for the Kenai Bluff Stabilization Project, $200,000 for the City Hall Improvements Capital Project Fund, $761,650 for the Kenai Industrial Park Capital Project Fund, and $100,000 for the Municipal Roadway Capital Project Fund. Among other appropriations was $50,000 for the Cemetery Improvement Capital Project Fund and $37,470 for the Kenai Comprehensive Plan Project Fund. The City also appropriated a $5,000 donation from Marathon Oil, who are providing the donation along with volunteers to support the Annual Peninsula-Wide Senior Thanksgiving Dinner.
The City adopted its Capital Projects list for state and federal funding requests.
Prior to adjourning the meeting, the Council met in Executive Session with the City Attorney and City Manager to discuss and provide direction regarding the new City Clerk’s contract. Following the session, Council returned and instructed the Mayor to enter into an employment contract with Sandra Modigh, who will begin working for the City in December.
The 3 hour and 45 minute Council meeting adjourned at 10:45pm.
Unapproved minutes for the meeting can be viewed here.



