Loading...
HomeMy WebLinkAbout2015-09-16 Council PacketAGENDA KENAI CITY COUNCIL – REGULAR MEETING SEPTEMBER 16, 2015, 7:00 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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2852-2015 – Repealing and Reenacting Kenai Municipal Code Chapter 7.15-Purchases and Sales, to Expand Public Solicitation Requirements, Redefine Professional Services, Define Management Services, Reorganize the Chapter, Provide an Appeals Process, and Make Other Material and Housekeeping Changes and Amending Chapter 7.25-City Budget, to Include Setting Fee Schedules. ............................................ Pg. 5 2. Ordinance No. 2853-2015 – Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed through the Alaska State Library for Employee Travel and Training.......................... Pg. 41 3. Ordinance No. 2854-2015 – Increasing Estimated Revenues and Appropriations by $41,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2016 Airfield Marking & Signage Project and Awarding a Contract to Wince-Corthell-Bryson Consulting Engineers for Design Services. .................................................................................... Pg. 45 4. Resolution No. 2015-51 – Consenting to the Vacation of Certain Right-of- Ways within the Proposed Beluga Subdivision 2015 Replat & Right-of-Way Vacation. ............................................................................................... Pg. 49 Kenai City Council Meeting Page 2 of 3 September 16, 2015 E. MINUTES 1. *Regular Meeting of September 2, 2015 .................................................. Pg. 71 F. UNFINISHED BUSINESS 1. Resolution No. 2015-50 – Authorizing the Purchase of the Following Seven Parcels of Real Property: Government Lot 15, Section 7, Township 5 North, Range 11 West, Seward Meridian; Lots 1, 2, 3, and 4, Dragseth Subdivision, According to Plat KN 77-56; and Lots 5A and 6A Dragseth Subdivision No. 2 According to Plat KN 91-33, all in the Kenai Recording District, Third Judicial District, State of Alaska, Including all Improvements thereon, from ARK Properties, LLC for the Purpose of Constructing Improved Public Access to the City’s South Beach. ............................................................................... Pg. 79 • Substitute Resolution No. 2015-50 G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ............................................. Pg.131 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................ Pg. 133 3. *Action/Approval – Appointment of the 2015 Municipal Election Precinct Election Boards. ................................................................................. Pg. 137 4. *Ordinance No. 2855-2015 – Amending the Official Kenai Zoning Map by Rezoning, Tracts A-1 & A-2, Evergreen Tract a Resub; (Parcel Numbers: 04314102, 04314101) from Rural Residential (RR) to General Commercial (CG).................................................................................................... Pg. 139 5. *Ordinance No. 2856-2015 – Accepting and Appropriating Reimbursement Funds in the Amount of $16,818.31 Received for Support of Card Street Fire Suppression Efforts. ........................................................................... Pg. 151 6. *Ordinance No. 2857-2015 – Amending the Kenai Municipal Code Section 3.10.070-Livestock within the City Limits, to Allow for Twelve (12) Chicken Hens or Less to be Kept in the RU, RS1, RS2 and TSH Zones and on Certain Parcels within the City of Kenai that are Less than Forty Thousand (40,000) Square Feet in Size. ........................................................................... Pg. 153 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission a. Event Park Sub-Committee ..................................................... Pg. 159 5. Planning and Zoning Commission ...................................................... Pg. 161 6. Beautification Committee .................................................................... Pg. 165 7. Mini-Grant Steering Committee Kenai City Council Meeting Page 3 of 3 September 16, 2015 I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ...................................................................................... Pg. 167 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 – None Scheduled. M. PENDING ITEMS 1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. 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. [PAGE LEFT BLANK INTENTIONALLY] Page 4 of 178 Page 5 of 178 Page 6 of 178 Page 7 of 178 Page 8 of 178 Page 9 of 178 Page 10 of 178 Page 11 of 178 Page 12 of 178 Page 13 of 178 Page 14 of 178 Page 15 of 178 Page 16 of 178 Page 17 of 178 Page 18 of 178 Page 19 of 178 Page 20 of 178 Page 21 of 178 Page 22 of 178 Page 23 of 178 Page 24 of 178 Page 25 of 178 Page 26 of 178 Page 27 of 178 Page 28 of 178 Page 29 of 178 Page 30 of 178 Page 31 of 178 Page 32 of 178 Page 33 of 178 Page 34 of 178 Page 35 of 178 Page 36 of 178 Page 37 of 178 Page 38 of 178 Page 39 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 40 of 178 Page 41 of 178 Page 42 of 178 Page 43 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 44 of 178 Page 45 of 178 Page 46 of 178 Page 47 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 48 of 178 Sponsored by: City Manager CITY OF KENAI RESOLUTION NO. 2015-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONSENTING TO THE VACATION OF CERTAIN RIGHTS-OF-WAY AND EASEMENTS WITHIN THE PROPOSED BELUGA SUBDIVISION 2015 REPLAT & RIGHT-OF-WAY VACATION. WHEREAS, on July 8, 2015, by Resolution PZ15-03, the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve BELUGA SUBDIVISION 2015 REPLAT & RIGHT-OF-WAY VACATION subject to certain conditions: and, WHEREAS, in conjunction with recommendation for approval of the preliminary plat, the Planning & Zoning Commission for the City of Kenai recommended the vacation of certain rights-of-way no longer needed, consistent with the subdivision plans; and WHEREAS, on August 24, 2015, the Kenai Peninsula Borough Planning Commission met and approved the vacation of the rights-of-way consistent with the Planning and Zoning Commission for the City of Kenai; and WHEREAS, on August 26, 2015, the City received notice from the Borough that consistent with State Statute and Borough Code, the City has 30 days from August 24, 2015 to consent to or veto the vacation of these rights-of-way; and WHEREAS, Ordinance No. 2802-2014 which became effective on January 16, 2015, amended Kenai Municipal Code 22.05.110(b) - Determination as to Need for Public Use, as follows: “Whether land previously dedicated to public use or should no longer be needed for public use shall be determined by the City Council by ordinance, except in cases of vacation of rights-of-way or easements which may be determined by resolution.” WHEREAS, the rights-of-way listed below are no longer needed for public use as alternative public rights-of-way are provided for and are consistent with the development of BELUGA SUBDIVISION 2015 REPLAT & RIGHT-OF-WAY VACATION. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rights-of-way described as approximately 630 feet of the south portion of Beluga Drive North, a 60-foot right-of-way, as dedicated by Beluga Subdivision K1425, which was later corrected by Beluga Subdivision K1447 as shown on Tract 5 of the Preliminary Plat; right-of-way extends from Beluga Drive West to the northern boundary of Lot 3 Beluga Subdivision within the BELUGA SUBDIVISION 2015 REPLAT & RIGHT-OF-WAY VACATION, within the City of Kenai is no longer needed for public use and shall be vacated. Page 49 of 178 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2015. ________________________________ PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Page 50 of 178 Page 51 of 178 Page 52 of 178 Page 53 of 178 Page 54 of 178 Page 55 of 178 Page 56 of 178 Page 57 of 178 Page 58 of 178 Page 59 of 178 Page 60 of 178 Page 61 of 178 Page 62 of 178 Page 63 of 178 Page 64 of 178 Page 65 of 178 Page 66 of 178 Page 67 of 178 Page 68 of 178 Page 69 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 70 of 178 KENAI CITY COUNCIL – REGULAR MEETING SEPTEMBER 2, 2015 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 2, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:00p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Henry Knackstedt Robert Molloy Brian Gabriel, Vice Mayor Terry Bookey (telephonic) Ryan Marquis Tim Navarre A quorum was present. Also in attendance were: **Hannah Drury, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval Mayor Porter noted the following requested revisions/additions to the agenda/packet: Add to Item D.3 Resolution No. 2015-50 • Purchase and Sales Agreement Add to Item G.3 Ordinance No. 2852-2015 • Supporting Memorandum MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. Page 71 of 178 VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Vice Mayor Gabriel MOVED to approve the consent agenda, and requested UNANIMOUS CONSENT; Council Member Navarre SECONDED the motion. Mayor Porter opened public comment for items on the consent agenda; there being no one wishing to be heard, the public comment was closed. VOTE: There being no objections, SO ORDERED. *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 – None. C. UNSCHEDULED PUBLIC COMMENTS – None. D. PUBLIC HEARINGS 1. Ordinance No. 2851-2015 – Increasing General Fund Estimated Revenues and Appropriations for Unbudgeted Costs Related to the Acquisition of Property Retained for a Public Purpose. MOTION: Vice Mayor Gabriel MOVED to enact Ordinance No. 2851-2015; the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. City Manager Koch advised that the property would be gone within the next 45 days. Koch further explained there wouldn’t be any additional costs for storage. City Attorney Bloom advised that it would be prudent for the City to hold the property for a year, treat it as abandoned, and then sell it at auction. It was further confirmed that there weren’t any residents on the parcels. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel NAY: **Student Representative Drury: YEA Page 72 of 178 MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2015-49 – Awarding an Agreement for Development of Construction Documents for Improved Airport Drainage 2016 to Wince Corthell Bryson. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2015-49 and the motion was SECONDED by Council Member Navarre. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. City Manager Koch clarified that the project was titled with this specific language for the purpose of scoring higher with the FAA. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel NAY: **Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2015-50 – Authorizing the Purchase of the Following Seven Parcels of Real Property: Government Lot 15, Section 7, Township 5 North, Range 11 West, Seward Meridian; Lots 1, 2, 3, and 4, Dragseth Subdivision, According to Plat KN 77- 56; and Lots 5A and 6A Dragseth Subdivision No. 2 According to Plat KN 91-33, all in the Kenai Recording District, Third Judicial District, State of Alaska, Including all Improvements thereon, from ARK Properties, LLC for the Purpose of Constructing Improved Public Access to the City’s South Beach. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2015-50; the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. City Manager Koch requested the Resolution be postponed as there were still a few items to be finalized prior to the Council taking action. Koch provided a brief history leading up to the decision to create an improved public access to the City’s south beach, included state grant funding in the amount of $1.9 million for the purpose of design and construction. Koch reported the City made an offer to purchase all seven parcels for $1.6 million, contingent on Council approval. Further reported was that Administration intended to purchase all the properties, retain ownership of the 4 properties to the north and then sell the remaining properties to the south. Page 73 of 178 City Attorney Bloom reviewed some of the terms of the negotiated sales agreement noting the City would need to close within 60 days, that all closing costs will be incurred by the City and that the City could terminate the agreement any time before the closing. Bloom advised that the postponement was necessary due to a Charter provision requiring the proceeds of land purchases be placed into a General Fund Land Permanent Fund that cannot be used to build the road. Bloom added that Administration is working on a mechanism to move forward. It was further explained that the City would no longer be interested in operating the Dunes Road access and no longer complete an annual MOA with the Borough to do so. Nor would the City continue using Cannery Road, but instead have a single point access and pursue a vacation of the section line on Old Cannery Road. MOTION TO AMEND : Council Member Molloy MOVED to amend section one, last paragraph, to add “and subject to the non-objection of the Department of Commerce, Community, and Economic Development to the use of grant funds for the purchase of these properties; the motion was SECONDED by Council Member Marquis. VOTE ON THE MOTION TO AMEND: YEA: Porter, Knackstedt, Marquis, Bookey, Navarre, Gabriel, Molloy NAY: **Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. Molloy noted he would like to see plans come back before Council and expressed concerns with the last whereas on page two of the Resolution related to excess land and would like further clarification before Council takes action. MOTION TO AMEND : Council Member Molloy MOVED to amend the last whereas to read, “… the City intends to re- subdivide the properties and sell the improvements and excess land that the Council determines to not be needed for a public purpose.” Council Member Marquis SECOND the motion. After further discussion and with concurrence of Councilor Marquis, Council Member Molloy withdrew his amendment. City Attorney Bloom requested to work with Molloy on drafting further amendments. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone Resolution No. 2015-50 to the September 16, 2015 meeting; the motion was SECONDED by Council Member Gabriel. VOTE ON THE MOTION TO POSTPONE: Page 74 of 178 YEA: Porter, Knackstedt, Marquis, Navarre, Gabriel, Molloy NAY: Bookey **Student Representative Drury: YEA MOTION PASSED. E. MINUTES 1.*Work Session of August 17, 2015 Minutes were approved by the consent agenda. 2.*Regular Meeting of August 19, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS - None G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Ordinance No. 2852-2015 – Repealing and Reenacting Kenai Municipal Code Chapter 7.15-Purchases and Sales, to Expand Public Solicitation Requirements, Redefine Professional Services, Define Management Services, Reorganize the Chapter, Provide an Appeals Process, and Make Other Material and Housekeeping Changes and Amending Chapter 7.25-City Budget, to Include Setting Fee Schedules. Introduced on the consent agenda and public hearing set on September 16, 2015. 4. *Ordinance No. 2853-2015 – Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed through the Alaska State Library for Employee Travel and Training. Introduced on the consent agenda and public hearing set on September 16, 2015. 5. *Ordinance No. 2854-2015 – Increasing Estimated Revenues and Appropriations by $41,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2016 Airfield Marking & Signage Project and Awarding a Contract to Wince- Corthell-Bryson Consulting Engineers for Design Services. Introduced on the consent agenda and public hearing set on September 16, 2015. Page 75 of 178 6. Action/Approval – Assignment of Lease between L & M Ventures, Inc. & Michael J. Lott, Natasha Lott & Nina Marion D/B/A Little Ski-Mo’s and Judilee Forrest for Property Described as Lot 3, Block 1, Gusty Subdivision. Molloy disclosed a conflict of interest and the Mayor requested he abstain from voting. MOTION: Vice Mayor Gabriel MOVED to approve the assignment of lease and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Porter, Knackstedt, Navarre, Marquis, Bookey, Gabriel NAY: ABSTAIN: Molloy **Student Representative Drury: YEA MOTION PASSED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – next meeting is September 10. 2. Airport Commission – next meeting is September 10. 3. Harbor Commission –next meeting is September 21. 4. Parks and Recreation Commission – next meeting is September 3. 5. Planning and Zoning Commission – held a meeting on August 26. The meeting minutes, which were provided in the packet, were reviewed. It was also reported that a work session was scheduled on 9/22. 6. Beautification Committee – next meeting is September 8. 7. Mini-Grant Steering Committee – no report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Attended the late Tommy Thompson’s memorial services. There was no objection to requesting the City Clerk have a memorial placed at Leif Hansen on Mr. Thompson’s behalf. • Attended the Old-Timer’s Luncheon • Industry Appreciation Day was well attended • Attended the Veteran’s event • Working with representatives of Home Depot on a dog park at the end of Daubenspeck Park • Attended Governor Walker’s breakfast at Cannery Lodge Page 76 of 178 • Working with Historical Society for a scholarship • Plans to bring forward an abandoned mobile home ordinance which will go through Planning & Zoning first • Received concerns regarding cleaning and cutting on large parcels of land creating dust bowls; would like to see this addressed as there isn’t anything in code currently • Working on a way to recognize those that created our Charter • Municipal Park ribbon cutting ceremony, September 12 • Work completed by an Eagle Scout by Vintage Pointe • Attended the Food Bank event J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Work session at 5:30 on the 16th for Capital Improvement Project priorities • Will be requesting a re-appropriation of the funding for the bluff project • First meeting in October Council will need to schedule the meeting with the legislative delegation • Will address dog attendance for next year’s Industry Appreciation Day; was able to speak with Murkowski about city projects at the event • Traveled to Boise with the Attorney 2. City Attorney – no report. Council Member Marquis expressed concerns with providing a cash donation for Thompson, especially to a church; wanted to have the discussion during the meeting; would prefer to have the funds given directly to the family versus the church. City Attorney Bloom agreed that there’s always concerns with the City donating money, and recommended the policy be revisited. 3. City Clerk – no report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Council Member Navarre thanked everyone involved in Industry Appreciation Day; thanked the Mayor and National Guard; spoke in favor of the Old-Timers function; attended Governor Walkers breakfast and appreciated the topics discussed; attended the joint chamber luncheon and noted that a resolution may be in order depending on what happens at the state’s financial level; gave condolences to the Thompson family and noted he didn’t have issue with the donation to his church; stated the field of flowers looked good; and advised he’d be calling in for the next meeting. Vice Mayor Gabriel gave his condolences to the Thompson family; advised the subcommittee is meeting at 6p tomorrow; wished all a happy Labor Day. Page 77 of 178 Councilor Knackstedt thanked Mayor Porter for the Old-Timers; noted he attended and assisted with Industry Appreciation Day. Councilor Molloy reported he attended Industry Appreciation Day and thanked Navarre for the event; requested to have two public hearings for the purchasing code ordinance. Student Representative Drury reported that leadership is working on home coming and the theme is star wars. L. EXECUTIVE SESSION – None M. PENDING ITEMS 1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:18 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September 2, 2015. _____________________________ Sandra Modigh, CMC City Clerk **The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 78 of 178 Page 79 of 178 Page 80 of 178 Page 81 of 178 Page 82 of 178 Page 83 of 178 Page 84 of 178 Page 85 of 178 Page 86 of 178 Page 87 of 178 Page 88 of 178 Page 89 of 178 Page 90 of 178 Page 91 of 178 Page 92 of 178 Page 93 of 178 Page 94 of 178 Page 95 of 178 Page 96 of 178 Page 97 of 178 Page 98 of 178 Page 99 of 178 Page 100 of 178 Page 101 of 178 Page 102 of 178 Page 103 of 178 Page 104 of 178 Page 105 of 178 Page 106 of 178 Page 107 of 178 Page 108 of 178 Page 109 of 178 Page 110 of 178 Page 111 of 178 Page 112 of 178 Page 113 of 178 Page 114 of 178 Page 115 of 178 Page 116 of 178 Page 117 of 178 Page 118 of 178 Page 119 of 178 Page 120 of 178 Page 121 of 178 Page 122 of 178 Page 123 of 178 Page 124 of 178 Page 125 of 178 Page 126 of 178 Page 127 of 178 Page 128 of 178 Page 129 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 130 of 178 Page 131 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 132 of 178 Page 133 of 178 Page 134 of 178 Page 135 of 178 Page 136 of 178 Page 137 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 138 of 178 Sponsored by: City Manager CITY OF KENAI ORDINANCE NO. 2855-2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACTS A-1 & A-2, EVERGREEN TRACT A RESUB; (PARCEL NUMBERS 04314102, 04314101) FROM RURAL RESIDENTIAL (RR) TO GENERAL COMMERCIAL (CG). WHEREAS, the City of Kenai as owner of the subject parcels initiated a request to rezone the parcels; and, WHEREAS, Kenai Municipal Code Section 14.20.270(b)(1)(c) provides that the request may be submitted by the property owner in the area to be rezoned; and, WHEREAS, Kenai Municipal Code Section 14.20.270 describes the amendment procedures and initiation of Zoning Code and Official Map Amendments; and WHEREAS, the City of Kenai as owner of the subject parcels has requested to rezone the parcels from Rural Residential (RR) to General Commercial (CG); and, WHEREAS, the subject parcels are currently zoned Rural Residential (RR); and, WHEREAS, the legal descriptions are Tracts A-1 & A-2, Evergreen Tract A Resub; and, WHEREAS, the parcel addresses are 207 Evergreen Street & 12848 Kenai Spur Highway; and, WHEREAS, the Kenai Peninsula Borough parcel numbers are 04314102 and 04314101; and, WHEREAS, Kenai Municipal Code Section 14.20.080 states that the intent of the Rural Residential Zone (RR) is “to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment”; and, WHEREAS, Kenai Municipal Code Section 14.20.120 states that the intent of the General Commercial Zone is “to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any uses, which would have an adverse effect upon nearby properties. New single – and two (2) family residential uses and other noncommercial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above”; and, WHEREAS, the 2003 Comprehensive Plan classifies the land use designation of the subject parcels as Neighborhood Residential District; and, Page 139 of 178 WHEREAS, the 2003 Comprehensive Plan defines Neighborhood Residential District as “single-family and multi-family residential areas that are urban or suburban in character. Typically, public water and sewer services are in place or planned for installation. This land use district may include both single-family and multi-family dwellings subject to reasonable density transitions and/or design compatibility. Formal public outdoor spaces (parks) are a critical feature in this district. Small home-based businesses may be accommodated within certain design guidelines. Neighborhood institutional uses such as churches, schools, and day care facilities may be intermixed if they comply with neighborhood design guidelines”; and, WHEREAS, the 2003 Comprehensive Plan defines Neighborhood Commercial areas as “areas along the arterial road system that are suitable for small-scale neighborhood- serving retail, service and office uses”; and, WHEREAS, the 2003 Comprehensive Plan discusses the opportunities and challenges for existing and future commercial use in the City; and, WHEREAS, the 2003 Comprehensive Plan provides policy guidelines to consider when zoning land for commercial uses including, whether there is adequate access to collector or arterial level streets, adequate public services, whether the zoning will minimize potential conflicts with adjacent non-commercial uses through site design, landscaping, or other appropriate measures; and, WHEREAS, Tracts A-1 & A-2 are located off Evergreen Street and Kenai Spur Highway, which provides adequate access to the parcels; are served by City water and sewer; and would separate proposed commercial uses from existing residential uses through site design and landscaping; and, WHEREAS, the proposed rezone would enlarge the existing Neighborhood Commercial Use and result in a General Commercial zone abutting a Suburban Residential zone which is consistent with parcels east of Evergreen Street and along the Kenai Spur Highway; and, WHEREAS, the rezone meets the requirements of Kenai Municipal Code Section 14.20.270; and, WHEREAS, rezoning the subject parcels to General Commercial (CG) will require amending the 2003 Comprehensive Plan Land Use Designation from Neighborhood Residential to Neighborhood Commercial to maintain consistency; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the General Commercial Zone (CG); and, WHEREAS, on August 26, 2015, the Kenai Planning and Zoning Commission voted unanimously to rezone the subject parcels to General Commercial. Page 140 of 178 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that, Section 1. Form: That this is a non-code ordinance. Section 2. Amendment of the City of Kenai Official Zoning Map: The Official Kenai Zoning Map is amended by rezoning the subject parcels shown on Attachment A from Rural Residential (RR) to General Commercial (CG). Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to Kenai Municipal Code Section 1.15.070(f), this Ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of October, 2015. ______________________________________ PAT PORTER, MAYOR ATTEST: ___________________________________ Sandra Modigh, City Clerk Introduced: September 16, 2015 Adopted: October 7, 2015 Effective: November 7, 2015 Page 141 of 178 Page 142 of 178 Page 143 of 178 Page 144 of 178 Page 145 of 178 Page 146 of 178 Page 147 of 178 Page 148 of 178 Page 149 of 178 Page 150 of 178 Page 151 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 152 of 178 Sponsored by: Council Member Terry Bookey Council Member Ryan Marquis CITY OF KENAI ORDINANCE NO. 2857-2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 3.10.070-LIVESTOCK WITHIN THE CITY LIMITS, TO ALLOW FOR TWELVE (12) CHICKEN HENS OR LESS TO BE KEPT IN THE RU, RS1, RS2 AND TSH ZONES AND ON CERTAIN PARCELS WITHIN THE CITY OF KENAI THAT ARE LESS THAN FORTY THOUSAND (40,000) SQUARE FEET IN SIZE. WHEREAS, the keeping of chicken hens within the City of Kenai on lots less than forty thousand (40,000) square feet and in the RU, RS1, RS2 and TSH Zones is currently prohibited except by conditional use; and, WHEREAS, residents have expressed an interest in keeping chicken hens on lots less than forty thousand (40,000) square feet for personal use; and, WHEREAS, a relatively small number of chicken hens may be kept within populated areas of the City without causing an unreasonable risk of nuisance or wild animal attractant if the hens are properly located, managed and maintained; and, WHEREAS, twelve chicken hens or less is a reasonable number to provide a family with eggs without having too high a density of chickens which could increase the likely hood of causing a nuisance or wild animal attractant; and WHEREAS, the conditional use process may deter otherwise interested residents from keeping chicken hens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 3.10.070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended as follows: 3.10.070 Livestock within the city limits. (a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of Kenai. (b) Livestock, other than bees, may be kept on lots of forty thousand (40,000) square feet or greater. No livestock, except twelve chicken hens or less, shall be allowed in the RU, RS1, RS2 or TSH zones. Twelve chicken hens or less may be kept on any parcel Page 153 of 178 with a permitted or nonconforming principal structure. Animals raised for a fur-bearing purpose are not allowed in any zone. Beekeeping will be restricted as described in subsection (g). (c) In this section “livestock” is defined as the following animals: (1) Cow (2) Horse (3) American bison (4) Llama (5) Alpaca (6) Sheep (7) Swine (8) Goat (9) Mule (10) Donkey (11) Ratite (12) Duck (13) Goose (14) Chicken (15) Turkey (16) Rabbit (17) Honey bees (Apis mellifera) (d) (1) Except for the RS1, RS2, RU, TSH zone(s), Animal Control Office may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Animal Control Office may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City may charge a permit fee, which fee shall be as set forth in the City’s schedule of fees adopted by the City Council. (2) Except in the RU zone, the Animal Control Office may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4-H, Future Farmers of America, or Boy/Girl Scouts on lots not otherwise eligible under this section. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Animal Control Office may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the board of adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City may charge a permit fee, which fee shall be as set forth in the City’s schedule of fees adopted by the City Council. (e) Lots on which livestock are kept on the effective date of the ordinance codified in this section which are not eligible for the keeping of livestock under this section shall Page 154 of 178 be considered a non-conforming use of land under KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of the ordinance codified in this section. Offspring of livestock allowed as a non-conforming use under this section may be kept on such lots only until they are old enough to be relocated to a site conforming to this section or outside of the city limits. (f) Except as set forth in subsection (g), below, corrals, pens, hutches, coops or other animal containment structures must have a minimum setback of [TWENTY-FIVE FEET (25’)] ten feet (10’) from the property’s side yards, fifty feet (50′) from the front yard, and ten feet (10′) from the back yard. All animal containment structures must be secure and in good repair. (g) No person may keep honey bees, Apis mellifera, in a manner that is inconsistent with the following requirements or that is inconsistent with any other section of this code. (1) Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adjacent property. To that end, colonies shall be situated at least twenty-five feet (25′) from any lot line not in common ownership; or oriented with entrances facing away from adjacent property; or placed at least eight feet (8′) above ground level; or placed behind a fence at least six feet (6′) in height and extending at least ten feet (10′) beyond each hive in both directions. (2) No person shall keep more than four (4) hives on a lot of ten thousand (10,000) square feet or smaller, nor shall any person keep more than one (1) additional hive for each additional two thousand four hundred (2,400) square feet over ten thousand (10,000) on lots larger than ten thousand (10,000) square feet. (3) It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy condition to humans or animals. (4) Beekeepers shall take appropriate care according to best management practices when transporting hives of bees. Bees being transported shall have entrance screens or be secured under netting. (5) The term “hive” as used in this section means the single structure intended for the housing of a single bee colony. The term “colony” as used in this section means a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood. (h) A person seeking relief from the provisions of this section may apply for a conditional use permit under KMC 14.20.150. Section 3. 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. Page 155 of 178 Section 4. 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 7th day of October, 2015. ______________________________________ PAT PORTER, MAYOR ATTEST: ___________________________________ Sandra Modigh, City Clerk Introduced: September 16, 2015 Enacted: October 7, 2015 Effective: November 6, 2015 Page 156 of 178 MEMO: TO: Mayor Porter, Council Members Molloy, Navarre, Gabriel and Knackstedt FROM: Council Members Terry Bookey and Ryan Marquis DATE: June 9, 2015 SUBJECT: Supporting Memorandum for Ordinance No. 2857-2015 We respectfully ask for your support of Ordinance 2857-2015 because, hey, everyone has to eat, right? Thanks! 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 157 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 158 of 178 EVENT PARK SUB-COMMITTEE MEETING SEPTEMBER 8, 2015 CITY HALL COUNCIL CHAMBERS 6:00 P.M. CHARIMAN BRIAN GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Gabriel called the meeting to order at 6:00 p.m. Roll was confirmed as follows: Committee Members present: B. Gabriel, A. Hull, M. Smith, S. Merry, C. Parker, T. Elder Committee Members absent: B. Shiflea, P. Morin Staff/Council Liaison present: Parks & Rec Director B. Frates, City Manager R. Koch A quorum was present. 2. INTRODUCTIONS Committee Chair Gabriel requested members introduce themselves. 3. BACKGROUND & PURPOSE Committee Chair Gabriel gave a brief description of the background and purpose of the sub- committee referring to the memorandum in the packet. 4. ESTABLISHING A TITLE FOR SUB-COMMITTEE MOTION: Committee Member Parker MOVED to recommend the sub-committee be called the Event Park Sub-Committee and Commissioner Hull SECONDED the motion. There were no objections; SO ORDERED. 5. ADOPT A MISISON STATEMENT Committee Chair Gabriel gave a short introduction. City Manager Koch advised that the public involvement component needs to be included in the mission statement. MOTION: Committee Member Parker MOVED to approve a mission statement that reads “To research and discuss with the community and provide recommendations to the Kenai City Council regarding the location, feasibility, scope and cost of an event park in Kenai,” and Commissioner Hull SECONDED the motion. There were no objections; SO ORDERED. 6. IDENTIFY ADMINISTRATION SUPPORT NEEDS City Manager Koch advised that the City would provide any administrative support necessary, to Page 159 of 178 include aerial photos, documents, cost estimates, etc. 7. DISCUSS PROCESS TO INCLUDE NEW MEMBERS Committee Chair Gabriel reported that two additional seats were available if the committee decided to appoint additional members. 8. DISCUSS PURPOSE OF NEXT MEETING It was decided that it was most important to examine possible locations and identify features of an event park. City Manager Koch explained that it was anticipated that a site and various necessary components, such as parking, restrooms, stage, etc., would be identified by the end of January. He also discussed budget matters and funding for designs; suggested the project be phased. 9. SCHEDULE FOR NEXT AND SUBSEQUENT MEETINGS It was decided that the next meeting would be held on September 22, 2015 at 7:00 p.m. and that the meetings would be every two to three weeks as needed. 10. ELECT VICE CHAIR MOTION: Committee Member Hull MOVED to nominate Megan Smith to serve as Vice Chair and Commissioner Parker SECONDED the motion. There were no objections; SO ORDERED. 11. MEMBER COMMENTS Committee Member Merry stated he looked forward to serving and that the process will be interesting. Committee Member Smith said she was excited about the stage and noted that her name was misspelled incorrectly on page 8 of the packet. Committee Member Parker indicated he was looking forward to utilization of the park. Committee Member Elder stated he was excited to be a part of the process. Committee Member Hull noted that a project like this was long overdue and appreciated everyone’s time and effort. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:50 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 160 of 178 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 9, 2015 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commissioner Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: G. Pettey, D. Fikes, R. Springer, J. Twait, J. Glendening, K. Peterson, J. Focose Staff/Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Council Liaison H. Knackstedt A quorum was present. c. *Excused Absences d. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: August 26, 2015 Approved by the consent agenda. Page 161 of 178 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None. 5. CONSIDERATION OF PLATS: a. PZ15-27 – Preliminary Original Plat of Thompson Park Wagaman Replat, submitted by O’Neil Technical Services, P.O. Box 2292, Kenai, AK 99611 City Planner Kelley reviewed his report provided in the packet and recommend approval with the following requirement: 1. Further development of the property shall conform to all Federal, State and local regulations. 2. Prior to recordation of the plat of Thompson Park Wagaman Replat, the accessory structures (shed and greenhouse) which are encroaching into the building setback must be relocated in order to be in compliance with KMC 14.20.200(2). It is also the recommendation of staff that the accessory structures be relocated outside of the ten foot utility easement. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15-27. Commissioner Fikes SECONDED the motion. Chairman Twait opened public hearing. Mark O’Neill spoke about moving the accessory structures; stated that it would be easy to move or remove two of the structures, but requested a variance for the third structure. There being no one else wishing to speak; the public hearing was closed. City Planner Kelley explained that a separate application and process would be required for a variance, allowing for proper public notice. He also advised the required property line setbacks and recommended the structure be moved outside of the utility easement, which would be farther than the setback. VOTE: YEA: Twait, Springer, Pettey, Glendening, Peterson, Focose, Fikes NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. Page 162 of 178 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – explained that Soldotna’s planning for commercial legalization of marijuana is ongoing; also reviewed the September 2 council meeting action agenda provided in the packet. b. Borough Planning – no report; next meeting scheduled for September 14. c. Administration – Kelley reported on the following matters: • Reminded the Commission about the marijuana zoning work session scheduled for September 22. • Advised of Planning Commission Conference and Training November 15-17 in Anchorage. • Polled the Commission regarding scheduling a joint work session with the Airport commission in October to discuss the airport rezone. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: September 23, 2015 COMMISSION COMMENTS & QUESTIONS: Commissioner Peterson was glad to see Commissioner Focose present. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:38 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy City Clerk Page 163 of 178 [PAGE LEFT BLANK INTENTIONALLY] Page 164 of 178 KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 8, 2015 – 7:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR LISA GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Gabriel called the meeting to order at 7:03 p.m. Roll was confirmed as follows: Members present: Chair L. Gabriel, C. Jung, B. Madrid, A. Zulkanycz, S. Peterson Members absent: P. Baxter, T. Canady, H. Spann Staff/Council Liaison present: Parks and Recreation Director B. Frates, Parks and Recreation Staff R. Dodge A quorum was present. 2. AGENDA APPROVAL MOTION: Committee Member Madrid MOVED to approve the agenda and Member Zulkanycz SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. May 12, 2015 MOTION: Committee Member Madrid MOVED to approve the meeting summary of May 12, 2015 and Member Zulkanycz SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None. 5. UNFINISHED BUSINESS a. Discussion – 2015 Flower Bed Review General discussion took place regarding the various flower beds in town. The Commission recommended new soil in the beds at the fire department and Leif Hansen Memorial Park and signage at Wildflower Field. MOTION: Committee Member Jung MOVED to recommend rope be used rather than chain for the fence construction and Member Peterson SECONDED the motion. There were no objections; SO ORDERED. Page 165 of 178 6. NEW BUSINESS – None. 7. REPORTS a. Parks & Recreation Director Frates reported that preparations were underway for the grand opening celebration at Municipal Park b. Committee Chair – None. c. City Council Liaison – None. 8. NEXT MEETING ATTENDANCE NOTIFICATION – October 6, 2015 Commissioners Madrid, Gabriel and Jung would not be present; it was recommended to change the meeting date to October 20. 9. COMMITTEE MEMBER QUESTIONS AND COMMENTS – None. 10. PERSONS NOT SCHEDULED TO BE HEARD James Glendening praised staff for and thanked them for their outstanding work; also noted that a tour bus had stopped by Wildflower Field. 11. INFORMATION – None 12. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 7:58 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC, Deputy City Clerk Page 166 of 178 Page 167 of 178 Page 168 of 178 Page 169 of 178 Page 170 of 178 Page 171 of 178 Page 172 of 178 Page 173 of 178 Page 174 of 178 Page 175 of 178 Page 176 of 178 Page 177 of 178 Page 178 of 178