HomeMy WebLinkAbout2004-08-04 Council PacketKenai City Council
Meeting Packet
August 4, 2aa4
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
AUGUST 412004
?:00 P.M.
KENAI CITY COUNCIL CHAMBERS
httu: L/_www-ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed With an asterisk (*) are considered to be routine and non-
controversial by the council and Will be approved b one motion. There
Y will be no
separate discussion of these items unless a council member so requests, q , in which case
the item will be re
moved from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS
(10 minutes)
1. Brie Darr, U.S. Fish & Wildlife Service -- Wetlands Protection/
ct,ion/Future
Grants.
2. Leon Quesnel -- KPD response.
ITEM C: UNSCHEDULED PUBLIC COMMENTS 3 ( minutes)
ITEM D: REPORTS OF KPB ASSEMBLYs LEGISLAT
ORS AND COUNCILS
ITEM E: REPORTS OF KENAI CONVENTION & VISIT
ORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F: PUBLIC HANGS
1. ordinance No. 2052-2004 -- Adopting KMC 13.40.055 . p g to Require
Minors Under Eighteen (18) Years Old to Wear a Properly Fitted
P y and
Fastened, Certified, Protective Helmet While RidingBicycles and Other
y
Similar Vehicles in Public Access Areas, and Imposing a Fine for
These Requirements
Violation of P g
.
(Clerk's Note: A Motion for Reconsideration was made by Council Member
Moore at the July 7, 2004 Council Meeting and is on the table for action.)
2. Ordiaance No. 2056-2004 -- Increasing Estimated Revenues and
Appropriations by $51,491 in the General Fund for a Juvenile Justice
Grant From the State of Alaska to be Passed Through to the Boys &Girls
Club of the Kenai Peninsula.
3. Ordinance No. 2057-2004 -- Dedicating Certain City -Owned Foreclosed
Lands for a Public Purpose and Authorizing the Sale of Lands Not Needed
for a Public Purpose.
4. Ordinance No. 2058-2004 -- Amending a Portion of the City's Minor
Offense Fine Schedule in KMC 13.10.015 to Match the State of Alaska's
Bail Schedule.
5. Resolution No. 2004-40 -- Awarding the Bid to Great Bear Ford for Two
Four -Door Police Package Sedans for the Total Amount of $46,069.90.
6. Resolution No. 2004-41 -- Transferring $2,694 From the General Fund
Contingency to Animal Control Machinery and Equipment.
7. Resolution No. 2004-42 -- Awarding the Bid to Great Bear Ford for an
Animal Control 4x4, 3/4-Ton Pickup Truck for the Total Amount of
$239693.76.
8. Resolution No. 2004-43 -- Transferring $12,000 From the General Fund
Contingency to Parks - Improvements Other Than Buildings to Match a
U.S. Fish and Wildlife Grant.
9. Resolution No. 2004-44 -- Approving a Contract to Peninsula
Construction, Inc. for the Project Entitled Kenai Municipal Airport
Terminal Modifications - 2004 for the Total Amount of $358,815.00.
10. Resolution No. 2004-45-- Authorizing the City Manager to Develop and
Implement a Program to Educate the Public About the Importance of
Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice
Skating and to Provide Incentives for Persons Under the Age of 18 Years
to Wear Such Protective Helmets.
ITEM G: MINUTES
1. *Regular Meeting of July 21, 2004.
ITEM H: OLD BUSINESS
1. Discussion -- Lawton Acres/Preliminary Plat
2. Approval -- Policy for Commissions, Committees and Boards
ITEM I:
NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
1
3 • *Ordinance No. 2059-2004 -- Increasing Estimated Revenues and
Appropriations by $5,000 and Transferring $5,000 in the General end
for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC)
for the City of Kenai Fire Department.
4• Approval -- Agreement/Frisby Golf Course/East End Trails
ITEM J: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2• Airport Commission
3. Harbor Commission
4. Library Commission
5• Parks &Recreation Commission
6. Planning &Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b• Alaska Municipal League Report
C. Arctic Winter Games
d. Stranded Gas Committee
ITEM K: REPORT OF THE MAYOR
ITEM L: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M. DISCUSSION
1. Citizens (five minutes)
2. Council
EXEC UTTVE SESSION - None Scheduled
ITEM N: ADJOURNMENT
MAYOR'S REPORT
AUGUST 4, 2004
REGULAR COUNCIL MEETING
CHANGES TO THE AGENDA
REQUESTED
BY:
SUBSTITUTE: F-1, Substitute No. 2 -- Ordinance No. 2052-2004 (helmet
ordinance), including amendments made at July 7 council
meeting. ADMINISTRATION
ADD TO: F-1, Nolan T. Compton email correspondence --
relating to the helmet ordinance. CITY CLERK
SUBSTITUTE: I-4, Agreement for the Use of East End Park for
Disk Golf -- Updated version. ADMINISTRATION
SUBSTITUTE: L-1, City Manager Report -- Corrected KK
Memorandum included in the "Dip Net Info" Report. CITY MANAGER
CONSENT AGENDA
MAYOR'S REPORT
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To the Mayor and council members of the City of Kenai.
At about 8:00 PM on Friday July 9th. My wife and I were attacked by a neighborhood
dog,which I believe to be a pitbull, in our driveway. We were not bitten but it caused my
wife and I to seek safety by quickly getting into our truck which was close by. The dog
left shortly after that allowing us to return to our house.
MY wife refused to go outside as long as the dog was loose and close by. I armed myself
and went about outside doing chores while keeping a watchful eye on my surroundings.
I called the police department on their non -emergency line to report the attack. An officer
came about 30 minutes later and used pepper spray to chase the dog further down the
neighborhood and left after saying that he did not have the equipment with which to catch
the dog. I did not witness the activities of the police officer. My wife told these to me. I
would point out that there were small children from the neighborhood playing near by but
fortunately were not attacked.
On Tuesday 13thI went to see the Police Chief at his headquarters about this matter but
he sent word by the desk officer that he was too busy to do so but an officer would
contact me. The desk officer offered to and did contact the Animal Control officer. This
officer spoke with me at my home and if the police follow his suggestions in the future I
feel that our town would be safer.
Thank
Leon G. Quesnel
ICE
July 23, 2004
Fred Braun, President
Kenai Convention and Visitors Bureau
11471 Kenai Spur Highway
Kenai, AK 99611
CC: Kenai CVB Board of Directors
Dear Fred,
It is with much regret that this letter is notification of my resignation. This comes as much of a
surprise to me as it must to you. I would like to make certain that you and everyone on the board
know that my decision to resign was not made out of a desire to leave this organization or the
community. On the contrary, I could not have asked for a more supportive and dynamic group of
people to work with. I have thoroughly enjoyed my tenure here and have been excited by the
challenging work. This has been a very difficult decision to come to especially in a short period
of time and I would not be leaving except for an opportunity that cannot be passed up.
The last day I can be available for work with the KCVB is October 1, 2004, except for a 2 Y2
week period from August 23rd to approximately September 8th, when I have a commitment to be
out of state. I will everything in my power to wrap up the many projects we have going here as
well as assist with the transition to a new director.
I will develop a suggested transition plan and a timeline to be submitted to the executive board
for your consideration. Again, I apologize for the inconvenience that this must cause and I will
work to leave you in the best possible place I can.
Thank you for this opportunity. It is one that I will always cherish.
Kind Regards,
Michelle Glass
i SUE
Suggested by: Mayor Williams
CITY OF KENAI
ORDINANCE NO. 2052-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING
KMC 13.40.055 TO REQUIRE MINORS UNDER EIGHTEEN (18) YEARS OLD TO WEAR
A PROPERLY FITTED AND FASTENED, CERTIFIED PROTECTIVE HELMET WHILE
RIDING BICYCLES AND OTHER SIMILAR VEHICLES IN PUBLIC ACCESS AREAS,
AND IMPOSING A FINE FOR VIOLATION OF THESE REQUIREMENTS.
WHEREAS, studies have shown that youth wearing certified protective helmets that
are properly sized and properly worn, have prevented or limited serious head injuries
and deaths while bicycling, skating, skateboarding, and riding similar vehicles; and,
WHEREAS, studies have shown that helmet laws reduce bicycle -related head injuries
by 45% and deaths by 15%; and,
WHEREAS, despite the overwhelming evidence of the need to wear certified protective
helmets, many children do not wear them while bicycling, skating, skateboarding, and
riding similar vehicles; and,
WHEREAS, requiring minors to wear and properly fasten a certified protective helmet
of appropriate fit is needed to foster greater and continued use of certified protective
helmets; and,
WHEREAS, the citation for a first time violator imposed by this ordinance for non-
compliance can be dismissed upon acquisition of a properly fitted certified protective
helmet which will provide an incentive for youths and parents to comply with the
helmet requirements set out in this ordinance; and,
WHEREAS, it is the intent of this ordinance that the proceeds of the fines received
under this ordinance be used by the City to support distribution of certified protective
helmets to children or to support brain injury awareness/prevention groups.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Kenai Municipal Code is hereby amended by enacting KMC
13.40.055 to read as follows:
13.40.055 Requirement that minors wear certified protective
helmets.
(a) It shall be unlawful for any person under eighteen (18) years
of age to operate or ride upon in -line or roller skates,
skateboards, scooters, coasters, toy motorized vehicles,
gasoline or electric motor -driven cycles or scooters, bicycles,
tricycles, unicycles, or any similar vehicles on any public
property or private property that is open for public use
Ordinance No. 2052-2004
Page 2 of 2
within the City, including highways, streets, roads, bike-
ways or trails, or rights -of -way, unless that person wears a
certified protective helmet that is properly fitted and that is
properly fastened. This requirement also applies to any
minor who rides in a restraining seat, trailer, backpack, or
similar child -restraining device, used by someone who
operates in -line or roller skates, skateboards, scooters,
coasters, toy motor vehicles, gasoline or electric motor -driven
cycles or scooters, bicycles, tricycles, unicycles, or any
similar vehicles. A parent or guardian having control or
custody of an unemancipated minor whose conduct violates
this section shall be liable for the fine imposed by this
section.
(b) No parent or guardian of any unemancipated or shall
allow the minor to violate this section.
(c) The fine for the first violation of this section shall be $25.00.
The fine for a second violation of this section shall be
$35.00. The fine for a third or subsequent violation shall be
$50.00.
(d) The first time a person is charged with a violation of this
section, the Court or City may dismiss the charge upon
presentation of evidence that the person has purchased or
obtained a certified, protective helmet.
(e) A certified protective helmet is a helmet containing a
manufacturer certification that it meets the standards of the
American National Standards Institute, American Society for
Testing and Materials (ASTM) or the United States Consumer
Product Safety Commission (CPSC).
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of
July, 2004.
ATTEST:
Carol L. Freas, City Clerk
JOHN J. WILLIAMS, MAYOR
Introduced: June 16, 2004
Adopted: July 7, 2004
Effective: August 7, 2004
CITY OF KENAI
,► Gil 4 4&V= It
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283.7535
FAX 907-283-3014 byewyl
an
'III'
1992
MEMORANDUM
TO: Mayor Williams and Councilors
FROM: Cep Cary R. Graves, City Attorney
DATE: July 1, 2004
RE: Use of the term "custody" in proposed KMC 13.40.055
Ordinance 2052-2004 (KMC 13.40.055(a)) states in part:
A parent or guardian in control or custody of an unemancipated minor whose
conduct violates this section shall be liable for the fine imposed by this section.
The purpose of that section is to make most parents liable for any fines levied against children
for violation of this section.
During the introduction of the ordinance, a member of the public suggested that the word
custody should be stricken from the proposed ordinance because of situations where divorced
parents have joint custody. In that situation, only one divorced parent would normally have
control over a child who does not wear a helmet, but both would have "custody."
The way it is written, a parent with joint custody could be liable for the fine of a child arising
while in the control of the other parent. However, both parents could also be liable for a fine of a
child when in the control of neither one, such as when staying at a friend's house. The idea is
that both custodial parents are liable for the fine if the child violates the law whether or not the
child is in the parent's actual control.
California has a nearly identical section in its state code. California Vehicle Code §21212(e)
states in part:
The parent or legal guardian having control or custody of an unemancipated
minor whose conduct violates this section shall be jointly and severally liable with
the minor for the amount of the fine imposes pursuant to this subdivision.
� Hawaii also has a nearly identical section. Hawaii Revised Statutes §291-150 states in part:
Mayor John J. Williams and Councilors
July 2, 2004
Page 2 of 2
The parent or legal guardian having control or custody of an unemancipated
minor whose conduct violates this section shall be liable for the amount of the
fine imposed pursuant to this section.
Removing the term "custody" from the ordinance would make it more difficult to collect fines
imposed for violation of this ordinance.
Let me know if you have any questions.
CRG/sp
Bicycle Helmet Laws
Page 1 of 14
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Bicycle Helmet Safety Institute
Helmet Laws for Bicycle Riders
Revised immediately upon receipt of new info.
For date of last revision see last line at the bottom.
There is no federal law in the U.S. requiring bicycle helmets. States
and localities began adopting laws in 1987, but there is no formal
central registry for them. Here are the ones we are aware of as of
this date. The States are probably all included, but some localities
are likely to be missing. If there are two dates, the second one is the
year the law was amended. More info on helmet laws is included
after the chart.
Effective
Jurisdiction Ages/Conditions Date
Alabama
State Law Under 16 1995
Montevallo All ages 1993
Homewood All ages 1994
Arizona
Tucson Under 18 1993
Yuma Under 18 1997
California
State Law Passengers under 5 1987
State Law Riders under 18 1994
State Law Scooters, skateboards,
In -line skates 2003
Bidwell Park,Chico All ages 1991
Connecticut
7/1/2004
Bicycle Helmet Laws
Page 2 of 14
State Law
Under
16
1993/1997
City of Seymour
All ages
1998
(Repealed 1998)
Delaware
State Law
Under
16
1996
District of Columbia
Under
16
2000
Florida
State Law**
Under 16
1997
(excludes 2 Counties)
Georgia
State Law
Under
16
1993
Hawaii
State Law
Under
16
2001
Illinois
Barrington
Under
17
1997
Chicago (messengers)
All ages
Cicero
Under
16
1997
Inverness
Under
16
1999
Libertyville (Incentives only)
1997
Skokie
Under
16
2002
Kansas
Lawrence
Under
15
2004
Kentucky
Louisville* (Parks)
Under
18
2002
Louisville Extreme Park
All ages
2002
Louisiana
State Law
Under
12
3/1/2002
Maine
State Law
Under
16
1999
Maryland
State Law
Under
16
1995
Allegany Co
Under
16
1992
Howard County
Under
16
1990
Montgomery Co
Under
18
1991
Sykesville
All ages
1995
http://www.bhsi.org/mandator.htm 7/1/2004
Bicycle Helmet Laws
Page 3 of 14
Massachusetts
State Law
Passengers under 5
1990
State Law
Riders under 13
1994
Michigan
Adrian
Under 15
1998
E. Grand Rapids
Under 18
1995
Farmington Hills *
Under 16
1999
Kensington Metropark All Ages
1998
Missouri
Creve Coeur
All ages *
2000
St Louis County for
unincorporated areas Under 17
2002
Columbia
Under 16 *
2003
Florissant
Under 17
2003
Montana
Billings
Under 16
2001
Nevada
Duckwater Indian Res.
Under 17
2001
Reno/Sparks Indian
Under 17
2002
Colony
New Jersey
State Law
Under 14
1992
New Mexico
Los Alamos County
Under 18
1995
New York
State Law
Passengers under 5
1989
State Law
Riders under 14
1994
Chemung Co.
Under 15
1995
Erie County Parks
All ages
1993
Greenburgh
All ages
1994
Guilderland
Under 14
1992
Rockland County
All ages
1992
Onondaga County
Under 18
2001
(Syracuse)
North Carolina
State Law
Under 16
2001
Black Mountain
All ages
1996
Boone
All ages
1995
Carolina Beach
Under 16
1994
httn-//urww hhci nra/mandatnr_htm
7/1/2004
Bicycle Helmet Laws
Page 4 of 14
Carrboro
Cary
Chapel Hill
Greenville
Matthews
Ohio
Akron
Beachwood
Blue Ash
Brecksville
Centerville
Cincinnati
Dayton
East Cleveland
Enon
Glendale
Madeira
Orange Village
Shaker Heights
Strongsville
Waynesville
Oklahoma
Norman
Okla. City
(city property only)
Oregon
State Law
Under
16
1997
Under
16
2001
Under
16
1992
Under
16
1998
Under
16
2001
Under
16
2001
Under
16
1990
Under
16
2003
Under
18
*
1998
Under
16
1999
Under
16
*
2004
Under
13
June
1,2004
Under
18
* May
1,2004
Under
16
* June 25,2004
Under
19
*
2000
Under
17
*
2002
Ages
6 to 15
1992
All ages
over 5
1997
Inc.
passengers
Under
12
1993
Under
17
*
2000
Under 18 2003
All ages 1999
Under 16 * 1994
Pennsylvania
State Law
Passengers
under 5
1991
State Law
Riders under 12
1995
Rhode Island
State Law
Under
9
1996
State Law
Under
16
1998
Texas
Arlington
Under
18
1997
Austin
Under
18
1996/97
Bedford
Under
16
1996
Benbrook
Under
17
1996
Coppell
Under
15
1997
Dallas
All ages
1996
Fort Worth
Under
18
1996
http://www.bhsi.org/mandator.htm
7/1/2004
Bicycle Helmet Laws
Page 5 of 14
Houston
Under 18
1995
Southlake
Under 15
1999
Tennessee
State Law
Under 16
1994/2000
Clarksville
All ages
1993
Virginia ***
Albemarle County
Alexandria
Under 15
1994
Amherst County
Arlington County
Under 15
1993
Blacksburg
Under 15
1994
Clarke County
Fairfax County
Under 15
1993
Falls Church
Under 15
1993
Floyd County
Front Royal
Under 15
1996
Hampton
Under 15
1999
James City County
Under 15
1999
Luray
Manassas
Under 15
1995
Manassas Park
Under 15
1997
Newport News
Under 15
1997
Norfolk
Under 15
2001
Orange County
Petersburg
Under 15
2000
Prince William Co.
Under 15
1995
Radford
Under 15
2000
Roanoke
Under 15
2000
Salem
Under 15
2000
Stafford County
Vienna
Virginia Beach
Under 15
1995
Williamsburg
Under 15
2001
Wise
York County
Under 15
1994
Washington State
Aberdeen
All ages
2001
Bainbridge Island
All ages
2001
Bellevue
All ages
2002
Bremerton
All ages
2000
Des Moines
All ages
1993
DuPont
All ages
Duvall
All ages
1993
Eatonville
Under 16
1996
Enumclaw
All ages
1993
1,4+*,•//�xnxnx� 16hei nrar/mnnriatnr_htm
7/1/2004
Bicycle Helmet Laws
Page 6 of 14
Fircrest
All
ages
Gig Harbor
All
ages
Hunts Point
All
ages
Island County:
All
ages
(Recommendation
only.)
Kent
All
ages
King Cnty. (inc. Seattle) All
ages
(Seattle effective August 17,
Lakewood
All
ages
Milton *
All
ages
Orting
Under 17
Pierce County
All
ages
Port Angeles
All
ages
Poulsbo
Under 18
Puyallup
All
ages
Renton
All
ages
Seatac
All
ages over
Snohomish skate park
All
ages
(City-wide bike ordinance
repealed)
Snoqualmie
All
ages
Spokane
All
ages
Steilacoom
All
ages
Tacoma *
All
ages
University Place
All
ages
West Virginia
State Law
Clarksburg
Morgantown
South Charleston
St. Albans
Wisconsin
Port Washington
Other Countries
Australia, Canada,
See below.
Under 15
Under 18
All ages
Under 18
Under 18
Under 17
1995
1996
1993
1997
1999
1993/03
2003)
1996
1997
1997
1994
1994
1995
1994
1999
1 yr 1999
2002
1996
Not yet signed.
1995
1994
1996
1996
1993
1993
1994
1995
1997
Finland, Iceland, New Zealand:
* Also covers one or more non -bicycle wheeled vehicles: in -line skates,
roller skates, skateboarders, non -motorized scooters. There are other
laws that cover them too, but we don't have the info on all of them yet.
Check out the HSA pate on skate helmet laws for more recent updates.
* * Florida permitted Counties to opt out, and three did so, but Brevard
http://www.bhsi.org/mandator.htm
7/1/2004
Bicycle Helmet Laws
Page 7 of 14
later reversed its decision, leaving the Counties of Citrus and St. Lucie
not covered by the State law. Private property (a driveway, for example)
was excluded but all roads and trails are covered.
Virginia's state enabling legislation permits localities to adopt laws
covering only children under the age of 15. Although as shown by the
blanks we do not have official confirmation in every case, all of the
Virginia laws we have found specify 'fourteen and younger. " (under 1 S)
That's a total of 20 State laws (including the District of Columbia as a
"state") and 134 local laws. Only 17 states have no state or local helmet
laws at all. These are bicycle helmet laws. As noted, we do not have info
on which of the laws cover skaters, scooter users, Segways or other
conveyances.
Here is the same list by date that the law became effective.
The Health Policy Tracking Service, National Conference of State
Legislatures, has a more detailed chart, listing the states that do not have
laws. Worth a look, particularly if you need citations of the laws, but
when we have checked them their chart has been outdated and lacking
some of the laws listed above.
We update our page periodically by searching those local municipal and
County codes that are available on the Web. You can do that for your
community at Municode.com if your own code is posted. Washington
State codes are found at Municipal Research Services Center of
Washington.
We also have another page with more info on mandatory helmet laws,
including copies of some of them. And we have a page sumesting
language on standards for anyone writing a new law.
To search the Web for details on state and local laws, the definitive
central resource page is Doug Mink's MassBike Page with pointers to
the texts of the laws, resources, search engines and more.
Here is a mau of the US highlighting which states have helmet laws.
State and local helmet laws now apply in states that include more than
httn-//urww hhci nrar/msndatnr_htm 7/1/2004
Bicycle Helmet Laws Page 8 of 14
half of the total population of the US, but actually a much smaller
portion of the population is covered, less than 15 per cent, due to age
limitations of the laws. Laws have been proposed and may be either
defeated or in some stage of the legislative process in a number of other
states.
If you need detail on the provisions of these proposed laws, including
penalties, enforcement, associated educational campaigns, helmet banks
or giveaway programs, treatment of contributory negligence (liability)
provisions, or dates of enactment, the National Safe Kids Campaign has
a status sheet on bicycle helmet laws available from Meg Farrage at
202-662-0616. We are indebted to Safe Kids for their help in keeping
our list up to date, and to Ralph Wessels for information on the
Washington State communities.
Evaluations
You can access here a compendium of bicycle helmet safetyyprogram
evaluations taken from the Centers for Disease Control's MMWR issue
titled "Injury Control Recommendations: Bicycle Helmets" Please send
us any other evaluations you may see in the future so we can add them
to this page.
Here is a formal study on the effect of bicycle helmet legislation on
bicycling fatalities.
Consumer Product Safety Commission staffer Greg Rodgers has
published a study concluding that the presence of a State law increases
helmet use by 18.4 per.cent.
New York State reports that since it introduced its first helmet law in
1989 for passengers under 5, and its second in 1994 for riders under 14,
the annual rate of cyclists hospitalized from bicycle -related traumatic
brain injuries has fallen for the under 14 group from 464 in 1990 to 209
in 1995. The rate for cyclists 14 and over for the same years declined
less rapidly, from 454 to 382. There is no way to determine exactly
what proportion of the improvement was due to helmet laws, since there
is no data on improvements to bicycle facility safety, rider education or
total miles ridden in those years, and helmet promotion campaigns by
Safe Kids and others were active in the state. But it is likely that
increased helmet use, prompted by passage of the first law in 1989 and
http://www.bhsi.org/mandator.htm 7/1/2004
Bicycle Helmet Laws
Page 9 of 14
the promotion campaigns in New York communities, played a role in
the reduction of injuries.
New Jersey reported in July of 1997 that since it introduced a helmet
law for kids under 14 the number of bicycle -related fatalities for that
group fell by 60 per cent, from 41 in 1987-1991 to 16 in 1992-1997. For
riders age 14 and over the figures were 75 and 71. The School Board of
Sommers Point, NJ added a helmet rule and boosted helmet use by
those who ride to school from 6 per cent up to more than 70 per cent.
Their attorney thought that failure to require helmets could leave the
School District liable in the event of an injury.
Duval County, Florida, reported an increase in helmet use by all ages
from 19 per cent in 1996 to 47 per cent in 1997 after the Florida law
was passed. Bicycle deaths fell from five to one, and injuries from 325
to 105. Results were even better in the age group covered by the law.
Hillsborough County, Florida, also reports an increase in helmet use and
a decline in injuries ries after passage of the same law.
An email to us from a protesting parent in Florida said her twelve year
old daughter was ticketed, did not respond, and was issued a drivers
license that was immediately suspended. (If so, it is the only place in the
country where you can get a drivers license at age 12 !) That seems to us
a lame way to enforce a pre -teen helmet law, although it may increase
compliance more than a fine would.
A study published in Pediatrics in 2002 found that in Canada the
bicycle -related head injury rate declined significantly (45% reduction)
in provinces where legislation had been adopted compared with
provinces and territories that did not adopt legislation (27% reduction).
NHTSA has a page up on motorcycle head injuries and costs to society
that supports motorcycle helmet laws. A contractor working for them
has been working on a report on bicycle helmet laws that should be
ready soon. In the meantime, they have put up a pane with some
summary comments on how bike laws get passed.
Notes
The Shaker Heights, Ohio, law covers adults but not kids under the age
of 5 years. It does cover passengers on bicycles, however. The Austin,
1,++n-/Axnxnxi 'k1ici nra/manciatnr htm 7/1/2004
Bicycle Helmet Laws Page 10 of 14
Texas, law was originally for all ages, but a grass -roots protest
movement resulted in limiting it in October, 1997, to riders under 18. A
similar change was made in Barrington, Illinois. Seymour, Connecticut,
repealed its law. (The referendum also included an unpopular no -
smoking law.) An attempt in 1999 to force a referendum on the
Farmington Hills, Michigan, law for riders under 16 failed for lack of
signatures. The Canadian province of British Columbia has made
exceptions to their all -ages law for medical exemptions, those with
heads larger than size 8 (Bell had not yet begun producing their
Kinghead for sizes up to 8 1/4) and those whose religion requires
headgear making helmets impossible (primarily Sikhs).
The City of Oakwood, Ohio, has taken an different route by adopting a
resolution encouraging the use of helmets. It directs the Safety
Department (Police) to develop educational programs for helmet safety.
It also provides the authority for officers to "wave over" minor cyclists
who are not using protective head gear. No fines or other deterrents are
permissible as this is not an ordinance.
Many bicycle clubs, the US racer's organizing body, USA Cycling and
the Triathlon Federation require helmets in their events, although they
may or may not support helmet laws. The International Inline Skating
Association supports helmet laws for those under 18 while inline
skating. U.S. military regulations require helmets on military facilities.
The National Bicycle Dealers Association opposes mandatory helmet
laws. Bicycle Retailer and Industry News has editorialized against them.
At least one helmet manufacturer has helped out on occasion when a
community passed a new helmet law by providing free helmets to
organizations working in conjunction with the local police department
to introduce the law. They can't respond every time, but Sportscope has
helped some communities in this way. Contact information is available
on the S ortscope Web site or by email to info@sportscope.com
International
Sweden has conducted an international literature search, summarized in
this study published in 2003. (See page four for the English abstract.)
They found that helmet laws can achieve level of usage not achieved by
education alone, that helmet laws reduce head injuries, and that helmet
laws can result in a reduction of cycling by young people. We have the
http://www.bhsi.org/mandator.htm 7I1/2004
Bicycle Helmet Laws
Page 11 of 14
abstract up on our site if you can't deal with the .pdf file.
In Australia, bicycle helmets are mandatory in all states and territories.
Compliance is high but varies by area, with some cities over 90% and
rural areas much lower. In the State of Victoria cyclists' head injuries
declined 41 %. There were 36% fewer child riders on the road,
immediately after the legislation passed, but perhaps more adult riders.
Changes in ridership may or may not have been related to the passage
of the laws, and the road culture in Australia is unique to that country.
(No similar effects have ever been documented in the US.) Injury
reduction was below expectations, but still spectacular. Hospital data
from Western Australia show that the number of intracranial injuries
was cut in half with increased helmet use, while head injuries were less
serious, and hospital stays shorter.
New Zealand's national helmet law took effect in January, 1994.
Sweden is reportedly considering a national law. Iceland's mandatory
helmet law, covering children under 15, came into effect in October of
1998. The Spanish legislature passed a comprehensive bicycle law in
mid-1999 that reportedly included a mandatory helmet provision,
although we do not have any further information on it.
Canada has some provincial and local helmet laws. Ontario's helmet law
for cyclists under 18 took effect in 1995. (It was originally to have
covered all ages). In March, 2003, the Canadian Institute for Health
Information announced that hospitalizations due to cycling -related
injuries were down 12.5 per cent between 1997-98 and 2001-02. Head
injuries fell even more precipitously, by 26 per cent during the same
period. British Columbia's 1996 all -ages law apparently has been
successful. Nova Scotia's law came into effect in 1997 and covers all
ages. New Brunswick also has an all -ages law. In Quebec, the Montreal
suburbs of Cote Saint -Luc and Westmount have passed by-laws
requiring the use of bicycle helmets within their boundaries. In October,
1997, the Cote Saint -Luc law was extended to cover bicyclists and
skaters of all ages. Alberta added a law on May 1, 2002, requiring
helmets for riders under 18, including passengers and toddlers on
tricycles. Prince Ed-vvard Island's law was effective on July 5, 2003, and
covers all ages. A research project in Toronto before and after their law
came into effect showed that "although the number of child cyclists per
hour was significantly different in different years, these differences
could not be attributed to legislation. In 1996, the year after legislation
httn•//www hhci _nror/mandatnr_htm 7/1/2004
Bicycle Helmet Laws Page 12 of 14
came into effect, average cycling levels were higher (6.84 cyclists per
hour) than in 1995, the year before legislation (4.33 cyclists per hour)."
Conclusion —Contrary to the findings in Australia, the introduction of
helmet legislation did not have a significant negative impact on child
cycling in this community
Finland passed a mandatory helmet law with an effective date of
January, 2003. It covers all ages, but there is no fine associated with
breaking the law.
In April of 2003 the Union Cycliste Internationale (UCI) announced
that it intended to make helmet use comnulsory in the professional races
it sanctions. If the ruling sticks (in 1991 an compulsory helmet rule was
rejected by the riders) it would follow several well -publicized deaths,
including that of Kazakh rider Andrei Kivilev. Kivilev died of a head
injury without a helmet. The impetus for the ruling had also grown
since a helmeted rider fell on a turn at an intersection in a rainy Dutch
stage of the Tour de France and hit his head on a concrete bollard in the
center of the road, but to the astonishment of the crowd got up and
raced away.
Our View
The Bicycle Helmet Safety Institute supports carefully drawn
mandatory helmet laws covering all age groups because we believe they
are needed to raise awareness that helmets save lives, in the same way
that seatbelt laws and smoke detector requirements were used to inform
the public that those safety devices were necessary. Many riders and
parents do not know that they need a helmet, and the laws educate as
much as they force compliance. We also believe that most riders -regard
helmets as a fashion item rather than as a safety appliance, and like any
other fashion this one may wane. We support efforts to improve the
safety of the cycling environment to reduce the need for helmets, which
should always be regarded as the primary injury prevention measure for
reducing all injuries to cyclists. We do not believe that wearing a helmet
causes riders to take additional risks. We believe that in this country
promoting helmets will not detract from the effort to improve road
safety, and in fact has stimulated those efforts, giving us the most
widespread and best -supported campaigns for better road safety for
cyclists that we have ever had in our history. We consider bicycles on a
http://www.bhsi.org/mandator.htm 7/1/2004
Bicycle Helmet Laws
Page 13 of 14
public road to -be vehicles, and believe that the operator has the rights
and obligations of vehicle users in our ever -more -populated and
outrageously unsafe road environment, so requiring a bicycle helmet is
as reasonable as requiring a helmet on a motorcycle rider or requiring
seatbelt usage in cars. We would support provisions for medical
exemptions based on a doctor's certification or religious requirements
for headgear. We do not participate in the endless Internet "Helmet
Wars," and seldom respond to emails on the subject, but we have a Web
page up discussing some of the recurring_. oints.
Despite that statement, we have always been a lot more enthusiastic
about promoting voluntary use of helmets than promoting laws, and it
would appear from the list above that most U.S. states and localities are
too. Even seatbelt laws, which have been around for a long time, are
mostly secondary offense laws limiting a police officer to occasions
when a driver has been stopped for something else. Helmet laws can be
useful, but given the problems with enforcing them they will probably
not work well in most places until more riders have accepted the need
for wearing a helmet. So we favor a stronger push for voluntary usage
than for passing new helmet laws, and our Web site has always
reflected that attitude.
Helmet Law Links
The US Government: the National Highway Traffic Safety
Administration, part of DOT, has a page up on State Helmet
Laws.
• A CPSC study on the effectiveness of State helmet laws
concludes that a state helmet law increases helmet use by 18.4 per
cent.
The UK Department for Transport has published a study of
helmet effectiveness geared toward decision -making about
mandatory helmet requirements.
• For a reasoned alternate view by an opponent of bike helmet laws
see this paize by Dorothy Robinson, an Australian. She has links
to other sites with information to support her views.
• And here is the pro -helmet side from New Zealand's John Wren.
Bicycle Helmet Laws
Page 14 of 14
This link takes you to a Google search for those opposed to
helmet laws.
Comprehensive Bicycle Codes
You can find links to State bicycle ordinances -not just helmets but
everything covered - at BikeHighway.com
If you see outdated information on this page, please inform us by
email. This is a difficult page to keep current!
This page was last revised on: July 1, 2004.
Contact us.
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http://www.bhsi.org/mandator.htm 7/1/2004
awl %4
SUBSTITUTE NO. 2
Suggested by: Mayor Williams
CITY OF KENAI
ORDINANCE NO. 2052-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING
KMC 13.40.055 TO REQUIRE MINORS UNDER SIXTEEN (16) YEARS OLD TO WEAR A
PROPERLY FITTED AND FASTENED, CERTIFIED PROTECTIVE HELMET WHILE
RIDING BICYCLES AND OTHER SIMILAR VEHICLES IN PUBLIC ACCESS AREAS,
AND IMPOSING A.FINE FOR VIOLATION OF THESE REQUIREMENTS.
WHEREAS, studies have shown that youth wearing certified protective helmets that
are properly sized and properly worn, have prevented or limited serious head injuries
and deaths while bicycling, skating, skateboarding, and riding similar vehicles; and,
WHEREAS, studies have shown that helmet laws reduce bicycle -related head injuries
by 45% and deaths by 15%; and,
WHEREAS, despite the overwhelming evidence of the need to wear certified protective
helmets, many children do not wear them while bicycling, skating, skateboarding, and
riding similar vehicles; and,
WHEREAS, requiring minors to wear and properly fasten a certified protective helmet
of appropriate fit is needed to foster greater and continued use of certified protective
helmets; and,
WHEREAS, the citation for a first time violator imposed by this ordinance for non-
compliance can be dismissed upon acquisition of a properly fitted certified protective
helmet which will provide an incentive for youths and parents to comply with the
helmet requirements set out in this ordinance; and,
WHEREAS, it is the intent of this ordinance that the proceeds of the fines received
under this ordinance be used by the City to support distribution of certified protective
helmets to children or to support brain injury awareness/prevention groups.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Kenai Municipal Code is hereby amended by enacting KMC
13.40.055 to read as follows:
13.40.055 Requirement that minors wear certified protective
helmets.
(a) It shall be unlawful for any person under sixteen (16) years
of age to operate or ride upon in -line or roller skates, ice
skates, skateboards, scooters, coasters, toy motorized
vehicles, gasoline or electric motor -driven cycles or scooters,
bicycles, tricycles, unicycles, or any similar vehicles on any
public property or private property that is open for public
Ordinance No. 2052-2004
Page 2 of 2
use within the City, including highways, streets, roads, bike-
ways or trails, or rights -of -way, Kenai Multipurpose Facility,
unless that person wears a certified protective helmet that is
properly fitted and that is properly fastened. This
requirement also applies to any minor who rides in a
restraining seat, trailer, backpack, or similar child -
restraining device, used by someone who operates in -line or
roller skates, skateboards, scooters, coasters, toy motor
vehicles, gasoline or electric motor -driven cycles or scooters,
bicycles, tricycles, unicycles, or any similar vehicles. A
parent or guardian having control or custody of an
unemancipated minor whose conduct violates this section
shall be liable for the fine imposed by this section.
(b) No parent or guardian of any unemancipated minor shall
allow the minor under sixteen (16) years of age to violate this
section.
(c) The fine for the first violation of this section shall be $25.00.
The fine for a second violation of this section shall be
$35.00. The fine for a third or subsequent violation shall be
$50.00.
(d) The first time a person is charged with a violation of this
section, the Court or City may dismiss the charge upon
presentation of evidence that the person has purchased or
obtained a certified, protective helmet.
(e) A certified protective helmet is a helmet containing a
manufacturer certification that it meets the standards of the
American National Standards Institute, American Society for
Testing and Materials (ASTM) or the United States Consumer
Product Safety Commission (CPSC).
(f) A violation of this ordinance cannot be used as evidence of
negligence or comparative negligence.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of
July, 2004.
ATTEST:
Carol L. Freas, City Clerk
JOHN J. WILLIAMS, MAYOR
Introduced: June 16, 2004
Second Public Hearing: August 4, 2004
Adopted: August 4, 2004
Effective: September 4, 2004
Carol Freas
From: NOLAN T COMPTON [n.compton@worldnet.att.net]
Sent: Tuesday, August 03, 2004 10:55 PM
To: Carol Freas
Subject: helmet law
City ordinance 2052-2004 Helmet Law
It is a shame that the KENAI CITY COUNCIL took a good idea and made it so complicated that none
of you could agree on it.
Please go back to the basics and make this ordinance work for what it was intended, bicycles only.
NO TRICYCLES, ROLLER SKATES, ICE SKATES, and everyone else you tried to include.
It is a good law. You just blew it out of proportion.
MAKE IT SIMPLE.
Anyone under the age of 16 that is riding a bicycle on the city streets or bike trails in Kenai are
required to wear a helmet.
This gives the whole community the ability to help enforce this ordinance. It takes a community effort
to make it safer for everyone.
We have had training programs and educational programs for years and they just don't seem to be
the answer.
That is why so many states have enacted laws governing this behavior.
It is probably time for the federal government to require some type of law before providing funding to
build bike paths.
Maybe what Alaska needs is for a few good towns such as Kenai to pass a law to help politicians see
the way of the future.
I would like for you to read this at your council meeting August 4, 2004.
Thank you,
Nolan Compton
21A110nd
Suggested by: Administ0 94e
City of Kenai
ORDINANCE NO. 2056-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $51,491 IN THE GENERAL FUND
FOR A JUVENILE JUSTICE GRANT FROM THE STATE OF ALASKA TO BE PASSED
THROUGH TO THE BOYS AND GIRLS CLUB OF THE KENAI PENINSULA.
WHEREAS, the City of Kenai was awarded a grant from the State of Alaska Department
of Health and Social Services Department of Juvenile Justice in the amount of $51,491;
and,
WHEREAS, this award is a pass through grant to the Boys and Girls Club of the Kenai
Peninsula; and,
WHEREAS, the Boys and Girls Club will provide the required match and will meet all
grant requirements; and,
WHEREAS, the City administration will monitor grant compliance and meet grant
financial reporting requirements; and,
WHEREAS, it is in the best interest of the City of Kenai to appropriate this grant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
State Grants 4 1
Increase Appropriations:
Non -departmental —Grants to Agencies 4 1
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August
2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: July 21, 2004
Adopted: August 4, 2004
Effective: August 4, 2004
Approved by Finance:
(07 / 13 / 04) hl
Suggested by: Administrati( iFo3
CITY OF KENAI
ORDINANCE NO, 2057-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DEDICATING
CERTAIN CITY -OWNED FORECLOSED LANDS FOR A PUBLIC PURPOSE AND
AUTHORIZING THE SALE OF LANDS NOT NEEDED FOR A PUBLIC PURPOSE.
WHEREAS, the City of Kenai has acquired through tax and special assessment foreclosures
the parcels that appear on Exhibits A and B, which are attached to this ordinance; and,
WHEREAS, these lists of parcels have been reviewed by the City Administration, Kenai
Harbor Commission, Parks and Recreation Commission and the Planning and Zoning
Commission; and,
WHEREAS, the recommendations are that the parcels described in Exhibit A should be
retained for public purpose, and the parcels described in Exhibit B are declared not needed
for a public purpose and shall be sold; and,
WHEREAS, Kenai Municipal Code 22.05.050 provides for the dedication of lands for a public
purpose if so determined by the City Council; and,
WHEREAS, KMC 22.05.010 states, "Disposal or sale of lands shall be made only when, in
the judgment of the City Council, such lands are not required for a public purpose."
10
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1: That the following parcels, described in Exhibit A, along with the name
of their former owner (if known) and the reason for their retention, are those that should be
retained and not sold pursuant to local ordinances and State statutes.
Section 2: That the following parcels, described in Exhibit B, along with the name
of their former owner, are declared to be surplus to the needs of the City and are not needed
for public purpose and therefore shall be sold.
Section 3: That the former owners have been notified pursuant to KMC 22.05.090 (c).
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of August, 2004.
ATTEST:
Carol L. Freas, City Clerk
(7/7/2004)kh
JOHN J. WILLIAMS, MAYOR
Introduced: July 21, 2004
Adopted: August 4, 2004
Effective: September 4, 2004
CITY OF KENAI
C9d CC6t2o" 4 414aod" it
� 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
~ TELEPHONE 907-283-7535
. _ FAX 907-283-3014 ��.,
— 1�iun04V
I I'e
1992
Memorandum
Date: July 15, 2004
To: Linda L. Snow, City Manager K
From: Kim Howard, Assistant to the City Manager F'
RE: Ordinance 2057-2004
Attached is an ordinance dedicating properties that were acquired through tax foreclosure
and/or delinquent city s ecial assessments for public purpose
or sale. The administration,
Harbor Commission, Planning and Zoning Commission, and the Parks and Recreation
Commission have made recommendations as to what properties should be retained.
As required by KMC 22.05.090 and Alaska Statutes, notification of the public hearing of the
ordinance will be sent by certified mail to the last record owner unless the property has been
foreclosed on for more than ten years. (Most of the properties have been foreclosed upon for
more than ten years.)
On Exhibit A, Parcels to be Retained for Public Purpose, note that four of the properties have
Borough taxes owing through the judgment date, interest, and out-of-pocket costs incurred by
the Borough.
Adoption of Ordinance No. 2057-2004 will authorize a sale. A sale brochure is being drafted
and can be included in a Council packet later this summer. A sale can be scheduled after the
effective date of the Ordinance, September 4th.
Attachments
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Requiring Ordinance
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Suggested by: AdministrL.....__
CITY OF KENAI
ORDINANCE NO. 2058-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING A
PORTION OF THE CITY'S MINOR OFFENSE FINE SCHEDULE IN KMC 13.10.015 TO
MATCH THE STATE OF ALASKA'S BAIL SCHEDULE.
WHEREAS, because the State of Alaska's bail schedule had not been increased in over
20 years, in 2003 the City of Kenai increased its traffic fines to follow the Municipality
of Anchorage's higher fine schedule rather than the State of Alaska's; and,
WHEREAS, recognizing that higher traffic fines have a deterrent effect on violations,
the State of Alaska increased its bail schedule effective July 1, 2004; and,
WHEREAS, the State of Alaska's bail schedule and the City of Kenai's fine schedules
are now generally the same but have some offenses where the fines are different; and,
WHEREAS, the City of Kenai should adjust some of its fines to reflect the State's fine
increases.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 13.10.015 is amended as follows on Attachment A of this
ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of
August, 2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: July 21, 2004
Adopted: August 4, 2004
Effective: September 4, 2004
j (7/13/04 sp)
CITY OF KENAI
CODE VIOLATION FINE SCHEDULE
CITE
RULE/OFFENSE
FINE
RULES OF ROAD
1
13 AAC 02.050 a
Driving on right required
$ 75.00
2
13 AAC 02.050 b
Slower traffic to kee right
$ 75.00
3
13 AAC 02.055 a
Overtaking on right
$ 150.00
4
13 AAC 02.060 c
Restrictions on driving left of center
$ 150.00
5
13 AAC 02.065 a
Overtaking on left
$ 150.00
6
13 AAC 02.070
Passing vehicle proceeding in opposite direction
$ 100.00
7
13 AAC 02.075 b
No passing zone
$ 150.00
8
13 AAC 02.090
Following too closely
$ 100.00
9
13 AAC 02.080 b-c
Wrong way on one-way street
$ 150.00
10
13 AAC 02.085 a
Driving on roadways laned for traffic / Improper lane change
$ 75.00
12
13 AAC 02.095 a
Vehicles restricted from controlled access roadway
$ 100.00
11
13 AAC 02.095 c
Controlled access roadway, entering or exiting
$ 75.00
13
13 AAC 02.545 b
Driver to exercise due care
$ 150.00
RIGHT-OF-WAY
14
13 AAC 02.01 0a 3 A
Failure to stop for steady red traffic signal
$ 150.00
15
13 AAC 02.120 a
Vehicle approaching intersection
$ 90.00
16
13 AAC 02.125
Vehicle turning left
$ 150.00
17
13 AAC 02.130 b
Failure to obey stop signs
$ 100.00
18
13 AAC 02.130 b-c
Failure to yield after stopping or at yield sin
$ 150.00
19
13 AAC 02.135 b
Stop and yield from private road or drivewa
$ 100.00
20
13 AAC 02.140 a-b
Failure to yield to emergency vehicle*
$ 150.00
*Mandatory court appearance / Minimum fine $150
PEDESTRIAN RIGHTS AND DUTIES
21
13 AAC 02.150
Pedestrian to obey control devices and regulations
$ 40.00
22
13 AAC 02.155 a
Driver to yield to pedestrian in crosswalk
$ 100.00
23
13 AAC 02.155 b
Pedestrians to use due care
$ 50.00
24
13 AAC 02.155 c
Driver not to pass vehicle stopped for pedestrian
$ 75.00
25
13 AAC 02.155 d
Pedestrians to use right half of crosswalk
$ 25.00
26
13 AAC 02.155 a
Driving through safety zone
$ 75.00
27
13 AAC 02.160(a-0
Pedestrian crossing not in crosswalk to yield
$ 40.00
28
13 AAC 02.160 a
Prohibited pedestrian crossing
$ 40.00
29
13 AAC 02.160 d
Pedestrian crossing at other than right angle
$ 25.00
30
13 AAC 02.175
Illegal walking on roadway
$ 40.00
31
13 AAC 02.180
Pedestrians soliciting rides or business
$ 50.00
32
13 AAC 02.190
Driver to yield right-of-way to blind pedestrians
$ 150.00
Ordinance No. 2058-2004
Effective September 4, 2004 Page 1 of 2
CITY OF KENAI
CODE VIOLATION FINE SCHEDULE
CITE
RULE/OFFENSE
FINE
TURNING AND STARTING
33
13 AAC 02.200 a-c
Turning movement prohibited or restricted
$ 75.00
34
13 AAC 02.205 a-b
Improper U-turn
$ 75.00
35
13 AAC 02.210
Improper start from parked position
$ 75.00
36
13 AAC 02.215 a-f
Turning movements and required signals
$ 75.00
SPECIAL STOPS REQUIRED
37
13 AAC 02.257
Emerging from alley, driveway or building
$ 100.00
38
13 AAC 02.265
Stop required when traffic obstructed
$ 75.00
39
13 AAC 02.325 a
Overtaking and passing school bus 3-19 over
$ 8.00
per mile
40
20 or more over
$ 12.00
per mile
SPEED RESTRICTIONS
41
13 AAC 02.275 a
Safespeed under certain hazardous conditions BASIC SPEED
$ 90.00
42
13 AAC 02.275 b
Speed violations -- Designated limits 3-19 over
$ 8.00
per mile
43
20 or more over
$ 12.00
per mile
44
13 AAC 02.280 a-d
Speed violations -- Altered limits 3-19 over
$ 8.00
per mile
45
20 or more over
$ 12.00
per mile
46
Minimumspeed violation; impeding traffic
$ 60.00
47
13 AAC 02.325 d
Speed violations -- School zones 3-9 over
$ 12.00
per mile
48
10-19 over
$ 14.00
per mile
49
20 or more over
$ 16.00
per mile
50
OFF -ROAD VEHICLES
51
KMC 13.40.020 a-
Off -road vehicle operation
$ 100.00
54
KMC 13.40.030
Special stops required
$ 90.00
52
KMC 13.40.050
Helmet required
$ 100.00
53
KMC 13.40.080
Operating vehicle in a prohibited area
$ 100.00
ANIMALS
55
jKMC 3.10.010
Interference with peace or privacy (1 st offense
$ 50.00
56
KMC 3.10.010
Interference with peace or privacy (2nd offense
$ 100.00
57
KMC 3.10.020 a, b and d
Control and confinement of animals 1 st offense
$ 50.00
58
KMC 3.10.020 a, b and d
Control and confinement of animals 2nd offense
$ 100.00
PARKING
59
KMC 13.10.060
Camping on private property
$ 50.00
60
KMC 13.30.035
Paid parking
$ 50.00
61
KMC 13.30.095
Parking prohibited on Kenai Ave
$ 50.00
62
KMC 18.35.010
Overnight camping
$ 50.00
63
13 AAC 02.340
Parking, stopping on highway
$ 50.00
ABANDONED / JUNK VEHICLES / LITTERING
64
KMC 12.20.010
Deposit of refuse(littering)
$ 500.00
65
KMC 12.25.020
Abandonment of vehicle
$ 100.00
66
KMC 12.25.030
Junk Vehicle
$ 100.00
GENERAL
67
Any offense under Title 13 of the Alaska Administrative Code which has been incorporated by reference under KMC
13.30.010 and is not listed on this fine schedule shall have a fine amount as provided by the State in Administrative Rule
43.1.
Ordinance No. 2058-2004
Effective September 4, 2004
Page 2 of 2
Suggested by: Administer " .1V11
CITY OF KENAI
RESOLUTION NO, 2004-40
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
THE BID TO GREAT BEAR FORD FOR TWO FOUR -DOOR POLICE PACKAGE SEDANS
FOR THE TOTAL AMOUNT OF $46,069.90.
WHEREAS, the following bids were received on July 28, 2004:
BIDDER TOTAL
Kenai Chyrsler Center, Inc. No Bid
Great Bear Ford $46,069.90
WHEREAS, Great Bear Ford's bid meets the bid specifications; and,
WHEREAS, the recommendation from the City Administration is to award the bid to
Great Bear Ford; and,
WHEREAS, the Council of the City of Kenai has determined that Great Bear Ford's bid
is a responsible bid and award to this bidder would be in the best interest of the City;
and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the bid for Two Four -Door Police Package Sedans be awarded to Great
Bear Ford for the total amount of $46,069.90.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of
August 2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: �
T:-b
Suggested by: Administra
City of Kenai
RESOLUTION NO, 2004-41
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $2,694 FROM THE GENERAL FUND CONTINGENCY TO
ANIMAL CONTROL MACHINERY AND EQUIPMENT.
WHEREAS, the City of Kenai received bids for a four wheel drive pick up for the
Animal Control Department; and,
WHEREAS, the low bid exceeds the budget by $2,694; and,
WHEREAS, funds are available in the General Fund Contingency account.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
General Fund
From: Non -Departmental - Contingency
$2,694
To: Animal Control -Machinery &Equipment $2,694
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day
of August, 2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:��
(7/29/2004)hl
F-1
Suggested by: Admin
CITY OF KENAI
RESOLUTION NO. 2004-42
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
THE BID TO GREAT BEAR FORD FOR AN ANIMAL CONTROL 4X4, 3/4-TON PICKUP
TRUCK FOR THE TOTAL AMOUNT OF $23,693.76.
WHEREAS, the following bids were received on July 28, 2004:
BIDDER TOTAL
Kenai Chrysler Center, Inc. $25,475.00
Great Bear Ford $23,693.76
WHEREAS, Great Bear Ford's bid meets the bid specifications; and,
WHEREAS, the recommendation from the City Administration is to award the bid to
Great Bear Ford; and,
WHEREAS, the Council of the City of Kenai has determined that Great Bear Ford's bid
is a responsible bid and award to this bidder would be in the best interest of the City;
and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the bid for an Animal Control 4X4, 3/4-Ton Pickup Truck be awarded to
Great Bear Ford for the total amount of $23,693.76.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of
August 2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
•
Suggested by: Adminisb
City of Kenai
RESOLUTION NO. 2004-43
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $129000 FROM THE GENERAL FUND CONTINGENCY TO
PARKS - IMPROVEMENTS OTHER THAN BUILDINGS, TO MATCH A U.S. FISH
AND WILDLIFE GRANT.
WHEREAS, the City of Kenai received a $12,000 matching grant for wetlands
protection from the U.S. Fish and Wildlife Service; and,
WHEREAS, the $12,000 was originally intended to be matched with City labor
and concrete pilings; and,
WHEREAS, the project would be improved by using 6"X6" posts and rope to
create a barrier along South Spruce instead of the concrete pilings and would
improve the bluff stairs with a concrete landing at the top.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
General Rind
From: Non -Departmental - Contingency $12,000
To: Parks- Improvements other than buildings $12,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day
of August, 2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(7/29/2004)hl
CITY OF KENAI
"Oil Capital of Alaska"
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
•�,TELEPHONE: 907-283-7535
FAX: 907-283-3014
MEMO
To: Linda Snow, Kenai City Manager
From: Keith Kornelis, Kenai Public Works Manager(
Subject: 5, Spruce Wetlands Protection Project
Phone: (907) 283-8232 Fax: (907) 283-3014
Date: 7/29/2004
The City of Kenai received a.' US Fish and Wildlife grant for $12,000 for this project,
which requires a 50% match from the city. Our plan is for the city to make our match by
using some of the concrete barriers from our parking area to block access to the
wetlands along South Spruce. They are worth $2,500 each. We are using the US Fish
and Wildlife funds to block areas that are used to access the wetlands along the trait
from Municipal Park to the beach. We are using 6" X 6" wood post and rope to block
access along the trail.
met with the US Fish and Wildlife today to see if they would allow us to match their
$12,000 with city purchasing materials to install a 6' X 6' post and rope fence barrier
along South Spruce instead of using the concrete piles. This type of barrier would look
better and would be less of a problem for snow removal and drainage along South
Spruce. We would also add a handicap accessible concrete landing at the top of the
stairs that goes down to the beach next to the wastewater treatment plant.
Page 1 of 2
The US Fish and Wildlife is very happy about working with the City of Kenai on this
project and approves of this change to the project. They have talked to me about
working with the city on future grants. This is a good base for future grants.
Brie Darr, US Fish and Wildlife, would like to address the city council at our next
meeting. I asked Carol to place her on the agenda under Scheduled Public Comments.
She has a power point presentation and would like to discuss the US Fish and Wildlife
relationship with the City of Kenai.
Below is a new cost estimate if the city council wants to increase the scope of
improvements and passes the resolution:
• Four Season Fence — Labor to install the post and rope
• Home Depot — Posts
• S i lverti p — Rope
• Tri City's Construction — Concrete -Landing
• Kenai Welding — Railings
• City of Kenai- In house labor and materials
TOTAL
9,984
27898
17754
41275
47200
889
$24,000
Page 2 of 2
V
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Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2004-44
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A
CONTRACT TO PENINSULA CONSTRUCTION, INC. FOR THE PROJECT ENTITLED
KENAI MUNICIPAL AIRPORT TERMINAL MODIFICATIONS- 2004 FOR THE TOTAL
AMOUNT OF $358,815.00.
WHEREAS, the following bids were received on July 28, 2004:
Bidder
Basic Bid
Alternate One
Total
Peninsula Construction, Inc.
$3552240.00
$3,575.00
$358,815.00
Anchorage Roofing & Contracting, Inc.
$396,508.38
$4,069.00
$400,577.38
Zubeck, Inc.
$4062245.00
$22002.00
$4082247.00
Engineer's Estimate
$214,949.45
$12300.00
$2162249.45
;and,
WHEREAS, Peninsula Construction, Inc. `s bid is the lowest responsible bid and award
to this bidder would be in the best interest of the City; and,
WHEREAS, this resolution is contingent upon FAA approval; and,
WHEREAS, the recommendation from the City Administration is to award the contract
to Peninsula Construction, Inc. for the total cost of $3.58,815.00; and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the contract for the project entitled Kenai Municipal Airport Terminal
Modifications - 2004 be awarded to Peninsula Construction, Inc. fcr the total amount
of $358,815.00.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of
August 2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Cler
Approved by Finance:
ena�
NOW -
Municipal Airport
Memo
SevvulgetheiGveaftr Kena� PevUvquW
305 N. WILLOW ST. SUITE 200 KMA1, AI.ASKA 99611
TELEPHONE 9C 7-283-7951
FAX 907;283aM
To: Linda L. Snow - City Manager
From: Rebecca Cronkhite - Airport Manager
Date: July 29, 2004
Subject: Airport Terminal Modifications
In August of 2003 the City of Kenai accepted a grant from the FAA to modify the ramps,
sidewalks and access roads to the airport terminal to meet current ADA requirements.
The attached drawing depicts the project as designed by Wince-Corthell-Bryson. FAA
grant number 3-02-0142-3103 funds 93.75% of this project, another 3.125% is eligible
for State matching funds.
This project is designed to improve ADA access to the main terminal entrances,
construct an ADA ramp at the south end of the Terminal to better serve the restaurant,
provide heated sidewalks at the main entrances, address drainage and traffic flow
concerns and improve marking and signage.
If Council approves resolution 2004-44 then construction could be completed this fall.
Attachment
www.d.kenai.ak.us.
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Suggested by: Councilor
CITY OF KENAI
RESOLUTION NO. 2004-45
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI A LASKA, AUTHORIZING
THE CITY MANAGER TO DEVELOP AND IMPLEMENT A PROG
RAM TO EDUCATE
THE PUBLIC ABOUT THE IMPORTANCE OF WEARING PROTEC
TIVE HELMETS
WHILE RIDING BICYCLES, SIMILAR VEHICLES OR ICE SKAT
ING AND TO PROVIDE
INCENTIVES FOR PERSONS UNDER THE AGE OF 18 YEARS TO WEAR SUCH
PROTECTIVE HELMETS.
WHEREAS, the Council of the City of Kenai is concerned that ' minors riding bicycles,
unicycles, skateboards, motorized or non -motorized scooters to '
y motorized vehicles or
using in -line, roller or ice skates (hereinafter "bicyclists") suffer ' '
Y injuries that could be
i
avoided or lessened f they were protected by � helmets• and,
WHEREAS, the Council of the City of Kenai finds that the death' and disability of
minor bicyclists and ice skaters accident victims is a serious thre
at to the public
health, welfare and safety of the people of Kenai; and,
>
WHEREAS, a study in the July 2004 issue of medical journal Pediatrics shows that
children
who ice skate are at risk for head injes andsouwe -
�urihld �' a protective
helmet while
skating; and,
WHEREAS, the Consumer Product Safe Commission has found and that children are
more likely to be hospitalized from bike accidents than from any other sport, oth -
and,
WHEREAS, nearly half of the children aged 14 and under treate
d ed in emergency rooms
for bic
ycle related iniuries are diagnosed with traumatic brain injuries•
J � and,
WHEREAS, the Consumer Product Safe Commission has also ' . Safety o found that bicyclist -
related accident victims who wear protective helmets are 85% le
ss likely to suffer head
injuries; and,
WHEREAS, nearly 60% of all child bicycle -related deaths occur '
is , �' on a minor road,
typically within one mile of the child's home; and,
WHEREAS, the National Safe Kids Campaign estimates that 7 ° '
fatalities p � 5 /o of bicycle -related
ties among children can be prevented with a bicycle helmet; and
WHEREAS, the Council of the City of Kenai finds that despite ov '
p erwhelrning evidence
of thene
ed to wear properly fastened, certified protective helmets man
wear, them whit y minors do not
e bicycling or ice skating; and,
WHEREAS, it is the goal of the Council of Kenai to reduce the incidence and severity of
head injuries to minor bicyclists and ice skaters.
Resolution No. 2004-45
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that:
SECTION 1.
The City Manager is hereby directed to develop a program to educate the citizenry
regarding the dangers of riding bicycles, unicycles, skateboards, motorized or non -
motorized scooters, toy motorized vehicles or using in -line, roller or ice skates without
protective head gear and to develop a program of incentives to motivate parents to
ensure that their children wear proper head gear when bicycling and to motivate
children bicycling to wear such head gear.
The City Manager is further directed to develop a program to educate parents to better
ensure safe cycling and ice skating by their children and to educate children to wear
proper head hear when bicycling and ice skating.
SECTION 2.
Said program shall be implemented by the police, fire and/or parks and recreation
departments of the City of Kenai in accord with protocols established by the city
manager's office. When police officers on duty observe minor bicyclists wearing
protective helmets with the chinstrap appropriately fastened, they may contact the
child when appropriate and give him/her an emblem or other reward for responsible
bicycling;
When police officers on duty observe minors bicycling on public property, including
highways streets, roads, bike paths, trails or rights -of -way, without properly fitted
protective head gear, they may contact the child when appropriate to inform him/her
of the of the hazards of bicycling without a helmet. The purpose of such a contact is
to educate and provide information pertinent to the safety offered by the wearing of
helmets.
The police department may contact the parents of the child and provide information
encouraging the parents to acquire proper headgear for their child and to encourage
its use.
SECTION 3.
This resolution shall remain in effect for three years after its adoption. During the
effective period of this resolution, the city manager will annually submit a report to the
city council as to the effectiveness of this educational effort. The report will include
recommendations as to whether additional measures should be taken to enhance
bicyclists' safety.
Resolution No. 2004-45
Page 3 of 3
SECTION 4.
"Proper head gear" is defined as a helmet containing a manufacturer certification that
it meets the standards of the American National Standards Institute, American Society
for Testing and Materials (ASTM) or the United States Consumer Product Safety
Commission.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of
August, 2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JULY 21, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:1 /www.ci.kenai. .us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Morris L. Porter -- Snug Harbor Cannery Equipment
2. Ross Baxter -- Frisby Golf at East End Trails
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F: PUBLIC HANGS
1. Ordinance No. 2054-2004 -- Increasing Estimated Revenues and
Appropriations by $7,420 for a State of Alaska Highway Safety Grant for
Equipment.
2. Ordinance No. 2055-2004 -- Increasing Estimated Revenues and
Appropriations by $56,105 to Replace the Police Records Management
System.
3. REMOVAL OF PROTEST -- Alaskalanes, Inc.
ITEM G: MINUTES
1. *Regular Meeting of July 7, 2004.
ITEM H:
1.
2.
ITEM I:
1.
2.
OLD BUSINESS
Discussion -- Lawton Acres / Preliminary Plat
Discussion -- Airport Lots 5 & 6, Block 1, FBO Subdivision / Development
of Lots.
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
3. *Ordinance No. 2056-2004 -- Increasing Estimated Revenues and
Appropriations by $51,491 in the General Fund for a Juvenile Justice
Grant From the State of Alaska to be Passed Through to the Boys & Girls
Club of the Kenai Peninsula.
4. *Ordinance No. 2057-2004 -- Dedicating Certain City -Owned
Foreclosed Lands for a Public Purpose and Authorizing the Sale of Lands
Not Needed for a Public Purpose.
5. *Ordinance No. 2058-2004 -- Amending a Portion of the City's Minor
Offense Fine Schedule in KMC 13.10.015 to Match the State of Alaska's
Bail Schedule.
6. Approval -- Municipal Advisory Group, Resolution No. 2004-02.
7. Approval -- Consent to Assignment of Lease/ Lot 3, Block 5, GAA --
Geneva E. Stasek.
8. Approval -- Formation of Library Commission Subcommittee.
ITEM J: COMMISSION/ COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8s Recreation Commission
6. Planning &Zoning Commission
?. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
C. Arctic Winter Gaines
d. Stranded Gas Committee
ITEM K: REPORT OF THE MAYOR
ITEM L. ADMIMSTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION - None Scheduled
ITEM N: ADJOURNMENT
ITEM A:
KENAI CITY COUNCIL - REGULAR MEETING
JULY 21, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http : Z Z www. ci . kenai . ak. u s
MAYOR JOHN J. WILLIAMS, PRESIDING
CALL TO ORDER
MINUTES
Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-1. PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
Roll was taken by the City Clerk. Present were:
Pat Porter Blaine Gailman
Rick Ross John J. Williams, Mayor
James C. Bookey, III
Absent was: Linda Swarner and Joe Moore.
A-3. AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
REMOVE: B-1, Morris L. Porter -- Due to illness, he has rescheduled for
August 18.
SUBSTITUTE: I-2, Purchase Orders Exceeding $2,500 -- Addition of purchase
order to Kachemak Electric for $7,294.04.
SUBSTITUTE: I-6, Municipal Advisory Group, Resolution 2004-02 (second
page was missing in the packet)
ADD TO: J-6, Planning & Zoning Commission -- Application for
appointment consideration from Jeff Twait.
MOTION:
Council Member Bookey MOVED to approve the agenda as amended and Council
Member Porter SECONDED the motion. There were no objections. SO ORDERED.
A-4. CONSENT AGENDA
MOTION:
KENAI CITY COUNCIL MEETING
I
JULY 21, 2004
PAGE 2
Council Member Bookey MOVED to approve the consent agenda as presented and
Council Member Porter SECONDED the motion. There were no objections. SO
ORDERED,
ITEM B: SCHEDULED PUBLIC COMMENTS
B-1. Morris L. Porter -- Snug Harbor Cannery Equipment
Porter was unable to attend the meeting and rescheduled for the August 18 meeting.
B-2. Ross Baxter -- Frisby Golf at East End Trails
Baxter updated council with the progress he was making, through efforts of the Parks
8. Recreation Commission and Administration, to develop a "frisby golf' course at East
End Trails. He noted, he has received some donations to cover the cost of some of the
baskets and he was continuing with the effort. Baxter added, it was his intention to
organize tournaments to introduce the game to the area; the course will be able to be
used all -year around; he will offer cluucs for schools; there will BE opportunities for
fundraising; a sign at the beginning of the course will indicate the rules of the game
and include a message board; he believes the course will offer positive things for
families; and, he is working with administration to develop a maintenance agreement
It was reported the Parks & Recreation Commission had discussed the project with
Baxter and have recommended it go forward. Council requested to have the issue
brought forward for approval at the August 4, 2004 council meeting.
ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None.
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
-- None.
ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
Michelle Glass, Director, Kenai Convention & Visitors Center -- Glass gave an
update of activities at the Center, including:
The Board continues to work on the incorporation of the Kenai Museum
Association as a 501(3)(c). She requested a city representative attend their next
meeting when the by-laws are signed.
• She enjoyed participating in the Kenai River Classic event.
• She has been working with Bob Frates, Parks &Recreation Director, in
enhancing the Center grounds with flower beds, etc.
KENAI CITY COUNCIL MEETING
JULY 21, 2004
PAGE 3
• They have secured Clifford Tours to bring to Kenai four tour groups from
Homer.
• Sasha Lindgren will be working with them to bring in more historical
materials.
• They have launched a new fishing website: sportfishingkenai.com
• Their next board meeting will beheld August 9.
ITEM F: PUBLIC HEARINGS
F-1. Ordinance No. 2054-2004 -- Increasing Estimated Revenues and
Appropriations by $7,420 for a State of Alaska Highway Safety Grant for
Equipment.
MOTION:
Council Member Bookey MOVED to adopt Ordinance No. 2054-2004 and Council
Member Porter SECONDED the motion.
There were no public or council comments.
VOTE:
Porter
Yes
Gilman
Yes
Ross
Yes
Williams
Yes
Bookey
Yes
Swarner
Absent
Moore
Absent
MOTION PASSED UNANIMOUSLY.
F-2. Ordinance No. 2055-2004 -- Increasing Estimated Revenues and
Appropriations by $56,105 to Replace the Police Records Management
System.
MOTION:
Council Member Bookey MOVED to adopt Ordinance No. 2055-2004 and Council
Member Porter SECONDED the motion.
There were no public comments. Chief Kopp reported Stillman would install the
software and offer training for its use. A conversation was held relating to leasing of
servers instead of purchase. It was noted, the Police Department investigated that
option and learned it would be more expensive.
VOTE:
KENAI CITY COUNCIL MEETING
JULY 219 2004
PAGE 4
Porter
Yes
Gilman
Yes
Ross
Yes
Williams
Yes
Booke
Yes
Swarner
Absent
Moore
Absent
MOTION PASSED UNANIMOUSLY.
F-3. REMOVAL OF PROTEST -- Alaskalanes, Inc.
Clerk Freas reported the council protested the renewal of the Alaskalanes, Inc. liquor
license due to amounts owed to the Kenai Peninsula Borough and the City of Kenai.
She noted, Alaskalanes, Inc. was now current and she requested council remove the
protest.
MOTION:
Council Member Bookey MOVED to remove the protest of Alaskalanes, Inc. and
Council Member Porter SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
** Finance Director Semmens noted a typographical error on Item F-1, Ordinance No.
2054-2004. He reported, the ordinance indicated funds were to be transferred from
the Council on Aging and explained, the funds would be transferred from the General
Fund. Council noted the change and requested the ordinance be corrected.
ITEM G: MINUTES
G-1. Regular Meeting of July ?, 2004 -- Approved by consent agenda.
ITEM H: OLD BUSINESS
H-1. Discussion -- Lawton Acres / Preliminary Plat
Williams noted he received notice from the Kiel's they remain very interested in
proceeding to public hearing on the issue. He reported, he advised them of the
discussion to take place at this meeting.
KENAI CITY COUNCIL MEETING
JULY 21, 2004
PAGE 5
Porter stated her desire to delay the discussion until the August 4 meeting when there
would be a full council and the interested parties could be present. Williams noted,
the council was addressing the issue as the property owners; he suggested when the
issue is forwarded to the Planning & Zoning Commission, the Commission be
requested to hold two full public hearings (once a month) in order to get lots of
discussion and have time to consider the issue. Williams stated he would not object to
the council discussing at this meeting whether to forward the issue to the
Commission. Ross stated his desire to have the full council in attendance to make
any decisions on the issue. Williams asked if council would like any additional
information for review prior to discussions being held.
Discussion followed regarding the zoning of the property. Gilman stated his concern
the zoning should not allow heavy commercial, i.e. car lots, etc. due to the close
proximity to the residential area. He added, he did not believe he would support a
'commercial' zone because of the types of businesses that would be allowed. Williams
suggested the property could be zoned general commercial, but council could adjust
the allowable businesses and make the zone more restrictive for that area. City
Attorney Graves explained covenants could be included on the deed to restrict certain
commercial uses on the property. He added, council could develop another type of
zone, which would require the Commission's consideration.
Gina Kiel -- Stated she and her husband were still interested in developing a lot in the
Lawton Acres area if it is rezoned to commercial. After hearing council's concerns with
uses allowed in a general commercial zone, she stated they would want strict
covenants on the properties since they live in the area as well. She noted, the
business they want to develop there would be an asset to the area and felt it a good
idea to postpone action until a full council was present.
Discussion followed regarding development of covenants, etc. Graves explained the
covenants would not be written until the sale of the property would go through,
however, administration could present suggested covenants. Williams suggested
council should advise the Commission as to the intentions of what would be done with
the property and council agreed. It was also suggested a prospective purchaser of
property should have the information to know what would be an allowed use.
A discussion of whether it would be better to have restrictions/covenants on the deed
or form a more restrictive zone for the property continued. Graves was requested to
prepare a summary of the options for council review for the August 4 meeting when
the issue would be returned for council's consideration.
B TAKEN: 8:10 P.M.
BACK TO ORDER: 8:18 P.M.
KENAI CITY COUNCIL MEETING
JULY 21, 2004
PAGE 6
H-2. Discussion -- Airport Lots 5 8s 6, Block 1, FBO Subdivision/ Development
of Lots.
Williams referred to information included in the packet and noted, council had been
asked if they want to proceed with the leasing of Airport Lots 5 & 6, FBO Subdivision
or to wait for the appraisal, which would delay the project to spring. Discussion
followed which included the following comments:
• Gilman stated he did not feel comfortable with going forward without the
appraisal being completed first as it was doubtful the project would start before
spring.
• Ross stated he felt the property should be prepared for development
whether for this project or not and stated he wanted to move forward with the
improvements to the property. He also noted, it is prime land and in a great location;
no one will want it in its current condition; and, the appraisal would reflect the
improvements.
• Bookey stated he received a call from Council Member Moore who asked
him to relay his thought the project should be delayed until the appraisal is received.
• Bookey stated he personally was very nervous about the project and was
not convinced funds would be received for the costs of development in a timely
manner. He added, because the property would be developed for one specific project,
he wanted to wait for the appraisal.
• Although the property could be subdivided into four or five lots,
historically, airport property had been sold as raw land.
• Graves reported the issue of the distinct possibility the city would not
recover the costs of improving the property was discussed by administration as well as
whether the FAA would identify the city improvements to the property as a subsidy to
an air carrier (which is illegal) . He added, he believed if the lots are developed as an
overall program to improve the airport and then lease the property to any business, it
probably would not be thought of as an illegal subsidy. Graves stated he would like
the airport land study contractor to research the issue and added, administration
would like to wait until the appraisal is received.
• Gilman asked if an answer had been received from FAA whether the city
could use Airport Land Fund principal for improvements and Graves answered they
had not yet responded to his inquiry. He noted, the airport land study contractors are
familiar with the question and will be working on the issue as a priority.
• Gilman stated, he agreed with Ross to develop the property; would like to
use the Airport Trust Fund for the cost of the development; but because of the
question of illegal subsidy, he felt the issue should be postponed.
• Williams stated he agreed, subsidizing through this method probably
would not be proper; he suggested the property be appraised based on its present
condition; appraised as if it were in usable condition according to the user's
conception; and, the value of the property, less the cost of extraction of the materials.
He noted, the city did not prevent the materials from being placed on the property and
KENAI CITY COUNCIL MEETING
JULY 21, 2004
PAGE 7
it would be partially the city's responsibility to prepare the property for development.
He suggested the cost differential on the appraisal of the property and the cost to
prepare on the property might be closer to a six percent return over time.
• Airport Manager Cronkhite noted, her original proposal was to use
airport personnel and equipment to remove the materials placed on the property as
well as placing sand in the existing swale to bring the property to the city's perception
of what it would have been if it had been stripped.
• Snow reported, the appraisal had been ordered to give two values --
developed and undeveloped. No conversation had been held with the appraiser.
• Williams stated he was uncomfortable going forward with the
development of the property without the appraisal.
• Ross stated, he understood the $150,000 would cover the costs to restore
the property back to the condition similar to the neighboring lots and taking care of
some drainage issues. From what he was understanding from the conversation, the
city would be bringing in materials to enhance the property more than the
surrounding lots. Snow confirmed that was so. Ross stated he agreed, the appraisal
should be received first.
• Snow stated, the $150,000 amount came about as a result of a meeting
between Public Works Manager La Shot and Mr. Spizak and those were the terms
agreed to by Spizak. La Shot stated, they were under the assumption, the work would
bring the lot to a gravel grade with drainage to Willow Street. Spizak agreed that was
what the city should do.
• Cronkhite explained, when the issue was first discussed the initial
proposal was the airport would do the work in-house and make it a bit more desirable,
which was not desirable to Spizak as he wanted the property brought 'up to grade' and
was defined further with his discussions with La Shot. She continued, Spizak was
told at the time, it would cost much more for the city to do the work than for him and
he stated he understood that, but it was better for him to pay for the work over time.
Cronkhite stated, initially, administration believed the cost of the work could be
recovered through the appraisal process. She added, the city offered to remove the
dirt and bring in sand, doing it in-house; the appraisal is for bringing the lot up to
build grade; and, the consultant discussed with administration other ideas in order to
recover the costs, which would require some ordinance changes.
• Williams suggested a side note be included that Spizak would pay the
costs within a certain amount of time, however it was not known whether that would
be agreeable with the FAA, and whether the city would want to do that as well.
• Snow stated Spizak had not committed to the lease to date and he does
not know the value of the property either. She added, it would be helpful to Spizak to
have the appraisal to know what kind of lease into which he would be entering.
Consensus of council was to hold the issue until the appraisal is received.
ITEM I: NEW BUSINESS
KENAI CITY COUNCIL MEETING
JULY 21, 2004
PAGE 8
I-1. Bills to be Paid, Bills to be Ratified
MOTION:
Council Member Bookey MOVED to pay the bills and Council Member Porter
SECONDED the motion. There were no objections. SO ORDERED.
I-2. Purchase Orders Exceeding $2,500
MOTION:
Council Member Bookey MOVED to approve the purchase orders exceeding $2,500,
the substitute list, and Council Member Porter SECONDED the motion. There were
no objections. SO ORDERED.
I-3. Ordinance No. 2056-2004 -- Increasing Estimated Revenues and
Appropriations by $51,491 in the General Fund for a Juvenile Justice
m the State of Alaska to be Passed Through Grant From to the Boys & Girls
Club of the Kenai Peninsula.
Introduced by consent agenda.
I-4. Ordinance No. 2057-2004 -- Dedicating Certain City -Owned Foreclosed
Lands for a Public Purpose and Authorizing the Sale of Lands Not Needed
for a Public Purpose.
Introduced by consent agenda.
I-5. Ordinance No. 2058-2004 -- Amending a Portion of the City's Minor
Offense Fine Schedule in KMC 13.10.015 to Match the State of Alaska's
Bail Schedule.
Introduced by consent agenda.
I-6. Approval -- Municipal Advisory Group, Resolution No. 2004-02.
Ross explained this would probably be the last resolution the Municipal Advisory
Group (MAG) would have before council on giving the State guidance on taxable
issues. He noted the recommendations included in the resolution which was included
in the packet. Ross reported MAG would continue to work on PILT issues, setting the
value on the pipeline, how the values will be indexed, etc. Ross stated he believed the
actual exposure of the City of Kenai is the least of all the other municipalities, but he
felt it a benefit for the City to be at the table and supported the resolution.
KENAI CITY COUNCIL MEETING
JULY 21, 2004
PAGE 9
MOTION:
Council Member Gilman MOVED for adoption of the Municipal Advisory Group
Resolution No. 2004-02 and Council Member Porter SECONDED the motion. There
were no objections. SO ORDERED.
I-?. Approval -- Consent to Assignment of Lease/Lot 3, Block 5, GAA --
Geneva E. Stasek.
MOTION:
Council Member Porter MOVED to approve the Consent to Assignment of Lease/Lot 3,
Block 5, GAA -- Geneva E. Stasek. Council Member Bookey SECONDED the motion.
There were no objections. SO ORDERED.
I-8. Approval -- Formation of Library Commission Subcommittee.
Referring to the information included in the packet, Porter asked if the subcommittee
would be discussing the type/amount of space needed at the Community Library to
house the law library, whether there is room for it in the current library facility and if
not, suggest the State fund an expansion. Gilman stated, if the law library would be
moved to the Community Library, it could not happen without an expansion. The
subcommittee would be exploring those issues.
Council Member Gilman MOVED for the formation of the Library Commission
Subcommittee and Council Member Ross SECONDED the motion. There were no
objections. SO ORDERED.
ITEM J: COMMISSION /COMMITTEE REPORTS
J-1. Council on Aging -- No report.
J-2. Airport Commission -- Airport Manager Cronkhite noted the July
meeting was cancelled.
J-3. Harbor Commission -- Council Member Bookey reported a meeting was
held July 12 at which a report was received relating to R& J Seafoods. Public Works
Manager Kornelis also updated council relating to the efforts to trade lands with the
Conservation Fund, noting they were continuing discussions with the representatives
of the Fund; ramps are being designed; and, application is being made for Corps
permits for early spring construction.
KENAI CITY COUNCIL MEETING
DULY 21, 2004
PAGE 10
J-4. Library Commission -- Council Member Gilman reported a meeting was
held on July 6. He noted, tickets are now available for the Friends of the Library
October fundraiser.
J-5. Parks & Recreation Commission -- Council Member Ross reported a
meeting was held July 1 and the meeting summary was included in the packet.
J-6. Planning & Zoning Commission -- Council Member Bookey reported a
meeting was held on July 14 and the meeting minutes were included in the packet.
He reviewed actions taken.
A brief discussion took place relating to manufactured homes. Public Works Manager
La Shot reported the Building Inspector was investigating the definition, what is
available, etc.
Williams referred to an application submitted by Jeff'I�vait for placement on the
Planning 8v Zoning Commission. Council had no objections to the appointment.
J-7. Miscellaneous Commissions and Committees
J-7a. Beautification Committee -- Parks & Recreation Director Frates
reported the meeting summary of the July 13 meeting was included in the packet.
A brief discussion took place relating to drilling sand point wells at the various parks
to use for watering purposes only, i.e. cemetery, Memorial Park, Erik Hansen Park,
green strip, etc. Concern was noted there may not be enough water and there could
be groundwater issues. It was suggested DEC be contacted for advice and, that if
wells are not feasible, consideration should be given to placement of sprinkler systems
in the parks, perhaps once a year.
J-7b. Alaska Municipal League Report -- It was noted, plans were proceeding
for the summer session being held in Kenai.
J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported he
attended the last meeting for Council Member Moore. He noted, the cities had
received draft agreements (with the Borough) for review. The agreement will come
before council for review in the near future.
J-7d. Stranded Gas Committee -- Council Member Ross reported he would be
attending a meeting on July 22 in Anchorage.
ITEM K: REPORT OF THE MAYOR -- Mayor Williams reported the
following:
KENAI CITY COUNCIL MEETING
JULY 21, 2004
PAGE 11
• Referring to the list of foreclosed properties, he suggested the city should
condemn all of the properties along the bluff for city interests of the evolving estuary.
• Reminded all to attend the dedication of the Kenai Police Department in
memory of Officer John P. Watson.
• He received a call of concern the road leading to the Sean Andersen
project will not be built/paved this year. A brief discussion followed and Snow
reported the city had requested a letter of intent from Andersen that the road will be
completed by September. Andersen has agreed to present a letter of intent to the city.
• Suggested beach parking should be available for residents who are not
participating in the dip net fishery. Snow noted, there a policy was currently in effect
to allow residents to park at no charge. Frates stated the shack attendants have been
making that information very clear. Bookey stated he had received calls of concern
and added, the public may need to be educated on these issues.
• Asked Attorney Graves for an update on the Katmai Motel property and
Graves stated the sale was scheduled for July 29 and stated he would attend and
report back to council.
• Noted Casey Reynolds, who is a city representative on the Economic
Development District Board, would need to be replaced due to his change in VISTA
placement. Williams stated he would make a new appointment at the August 4
meeting and requested council to forward names of those they are aware of who may
be interested in the appointment.
ITEM L:
ADMINISTRATION REPORTS
City Manager -- Snow reported the following:
• The Department Head reports were included in the packet, including an
Investment Report from Finance Director Semmens.
• She had been approached by one of the local soccer associations who are
interested in developing a formal agreement for their use of the they are currently
using on the Millennium Square property. She added, they would like to expand the
amount of useable fields until the property is needed for another project. Snow stated
the association is just beginning their research and she would like them to bring their
request to council, that she prepare a Memorandum of Agreement, or prepare a
Special Use Permit for their use of the property. She requested comments and/or
suggestions from Council.
Bookey stated he did not object to their using the property but wants no
misunderstandings no guarantee for continued use of the field would be given. Porter
stated she believed the city should take the lead in gathering the local soccer clubs
together to discuss development of the Section 36 property into soccer fields. Gilman
noted, the soccer program is very popular and felt development of fields for
tournament use would be a great income generator for the community.
KENAI CITY COUNCIL MEETING
JULY 21, 2004
PAGE 12
L-2. Attorney -- Attorney Graves reported residents of the Woodland
Subdivision had requested he speak at a meeting about junk cars.
L-3. City Clerk -- Clerk Freas referred to the draft Policy for Commission,
Committee, Board and Council on Aging Meetings and Work Sessions which was
included in the packet. She noted additional paragraphs were included relating to
member reappointments and formation of subcommittees. She noted, the document
would be returned to council at their next meeting for approval.
ITEM M: DISCUSSION
M-11 Citizens -- None.
M-2. Council
Bookey -- Reported he received a call from Rusty Huff relating to the pavement
in the Dolchok Subdivision. He stated his concern no work had been done on the
driveway access which was discussed during the final assessment hearing. Bookey
stated he looked at the property and asked if efforts were to be made in redirecting
and reconstructing the driveway to reduce the flow of runoff water to the yard. Snow
stated she would research the issue and report back at the August 4 meeting.
Porter -- Noted the following items:
• Reported she had a call regarding a trespass issue at the Kenai RV Park.
She noted the trespass sign was too high to read.
• Reported she had a citizen ask if lids could be placed on the garbage
cans on the bluff to the left of the Senior Center.
• Asked what action had been taken related to the pond along Marathon
Road. Snow reported the University had published notices for several weeks to inform
the public use of the pond was a trespass issue and requested the Police Department
patrol the area to assist.
Gilman -- No comments.
Ross -- Reported he would not be able to attend the July 22 dedication of the
Police Department Building. He noted it would be 19 years to the date when Officer
Watson was hired. He complimented the Police Department's efforts in acquiring the
dedication plaque and arranging the dedication. Ross stated he regretted he would
not be able to attend.
EXECUTIVE SESSION - None Scheduled
ITEM N: ADJOURNMENT
KENAI CITY COUNCIL MEETING
JULY 21, 2004
PAGE 13
The meeting adjourned at approximately 9:35 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
CITY OF KEN.
►► Gil � ��..�.�
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014
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i"z
MEMORANDUM
TO: Mayor Williams and Councilors
FROM:CU Cary R. Graves, City Attorney
DATE: July 28, 2004
RE: Covenant and Zoning Options for Lawton Acres
During the Council meeting of July 21, the subject came up of whether covenants or a new
zoning district would be the best way to control commercial development on Lawton Acres. I
_j
was asked to compare the two methods.
The idea of a new zoning district would be to create a transitional commercial zone to be placed
in between residential areas and more concentrated commercial areas. Seward, Homer and
Soldotna all have such zones.
1. Soldotna has a Limited Commercial District (LC). The intent of the LC zone is "to
provide transition areas between commercial and residential districts by allowing low
volume business, mixed residential, and other compatible uses which complement and do
not materially detract from the uses allowed with adjacent districts." SMC 17.10.260.
2. Seward has the Office/residential District (OR) and the Auto/commercial District (AC).
The OR zone is designed to "provide for medium density residential, commercial and
office development designed to act as a transition zone between the high density central
business district and surrounding medium -high density residential districts."
SCC 15.05.025(b)(6).
3. Seward's AC zone is designed to "provide areas to accommodate highway -oriented
commercial activities such as offices, certain institutional uses, and limited personal
services and retail uses requiring substantial outdoor activity, traffic and parking, and
which also service the offices and nearby residential areas, and which do not materially
detract from nearby residential areas." SCC 15.05.025(b)(8).
4. Homer has the Residential Office Zone (RO). It "is intended to provide a mix of low -
density to medium -density residential w' businesses and offices
d y y uses with certain specified
Mayor Williams and Councilors
July 28, 2004
Page 2 of 2
which may include professional services, administrative services and/or personal
services, but does not include direct retail or wholesale transactions except for sales
which are incidental to the provision of services. The purpose of the district is to
preserve and enhance the residential quality while allowing certain services whose nature
is low traffic generation, similar scale and similar density. The district is created as a
transition zone between commercial and residential neighborhoods." HCC 21.47.010.
All four of the zones are similar types of limited commercial zones. The closest Kenai has to a
limited commercial zone is the Townsite Historic zone (TSH), although obviously that zone is
limited to a particular area of town. The benefit of creating a new limited commercial zone is
that the Council/P & Z Commission could pick which uses would be permitted, which could be
allowed via conditional use and which would be prohibited. Kenai's Comprehensive Plan,
however, does envision a future "Neighborhood Commercial Zone." The Neighborhood
Commercial Zone is intended to apply "to areas along the arterial road system that are suitable
for small-scale neighborhood -serving retail, service and office uses." City of Kenai
Comprehensive Plan, p. 29.
Covenants would allow the City to place deed restrictions on the use of the property. However,
there are problems with covenants. Some covenants allow the restrictions to be removed, usually
by a certain percentage of property owners of the subdivision. One problem with that approach
is that someone can purchase enough lots to remove the restrictions to the detriment of adjoining
subdivisions and other property owners in the subdivision.
Not allowing the covenants to be changed also has problems. A use that was not appropriate
when the covenants were written may be entirely appropriate twenty years later as the
neighborhood and area change. A covenant that helped the value of the property when written
may later hurt the value of the property. In contrast, zoning restrictions can be changed by
ordinance and some uses may be allowed by special use permit.
Another problem with covenants is enforcement. Usually a property -owners' association or
individual lot owners in the subdivisions have the right to enforce the covenants. However, that
involves hiring an attorney and going to court an expensive process. It's not unusual for
property owners to forego the expense of litigation and let the covenant violation go on. Unlike
covenants, zoning restrictions are enforced by the City.
While the process of creating a new zone will take longer than writing covenants for the deeds of
any property sold, the process of replatting and rezoning (from conservation to another zone)
will take a considerable amount of time anyway. Should the Council decide to go forward with
replatting Lawton Acres, development of a new zone should not significantly delay the
development process.
Please let me know if you have any questions.
CRG/sp
1
CITY OF KENAI
"Oil Capital of Alaska "
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
' •�,TELEPHONE: 907-283-7535
FAX: 907-283-3014
MEMO
To: Linda Snow, Kenai City Manager
From: Keith Kornelis, Kenai Public Works Manager
Subject: Lawton Acres
Phone: (907) 283-8232 Fax: (907) 283-3014
date: July 14, 2004
Attached is a drawing that shows the following:
The centerline of the existing road, Lawton Drive, is on the
section line. The paved road with the curb and gutter is 33 feet
wide or 16.59 on each side of the centerline. There is a 4' paved
sidewalk on the north side and a 4' gravel path on the south
side.
The dedicated public right of way for the road is 331 to the north
and 401 to the south of the section line. On the north side there
is 12.51 from the back of the paved sidewalk to the properly line.
This 12.51 could be decreased but changing the dedicated public
right of way would require a vacation, which could be objected
to by the utility companies.
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CITY OF KENAI
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� 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014
na
1992
MEMORANDUM
TO: Mayor Williams and Councilors
FROM: C�� Cary R. Graves, City Attorney
DATE: July 12, 2004
RE: Zoning Options for Lawton
During the Council meeting of July 7, 2004, questions arose about what uses would be allowed
on the property under the various zoning options. Attached is a portion of the Land Use Table
showing the uses allowed in the CC (Central Commercial), CG (General Commercial, IL (Light
Industrial and IH (Heavy Industrial). The commercial land across Walker Lane is zoned CG.
Please let me know if you have any questions.
CRG/sp
Attachment
ON
_. , .
I U
Chapter 14.22
LAND USE TABLE*
Sections:
14-22.010 Land use table.
F..ditor's Note: The land use table was moved to its own chapter by
request of the city.
14.22.010 Land use table.
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary- Use
N = Not Permitted
ZO NG DIST ICTS .
LAND USES
C
RR
I
RS
RSl
RS2
R
RESIDENTIAL
One Family Dwelling
0
P
P
P
P
P
Two/Three Family Dwelling
C1b
P
P
P
PA
P
Four Family Dwelling
CIO
P
C=
P
N
P
Five/Six Famil}0 Dwelling
CINA
C3
P
N
P
Seven or More Family Dwelling
C
C-;
C3
N
N
P
Townhouses'
16
C
C
C
C
C
C
Mobile Home Parks'
N
C
C
C
C
C
Planned Unit Residential Development
CIO
C
C
C
C
COMMERCIAL
Automotive Sales
N
C
Cj9
N
N
N
C
/
Automotive Service Stations
C
09
N
N
F
C
Banks
C
C 19
C
N
C
Business/Consumer Services
N
C
C1y
C
N
C
Guide Service
N
C
C
C
N
N
C
Hotels/Motels
N
C
9
C
N
N
C
Lodge
N
C
C
C
N
ProfessionalOtices
N
C
C19
C
N
P
Restaurants
N
C! 9
C
VN
N
C
Retail/Wholesale Business
N
C14
C
N
N
C
Theaters/Commercial
Recreation
N
C
C "'
N
C
INDUSTRIAL
/
4
Airports and Related Uses
P20
C
C1
C'()
N
C
NOTE: Reference footnotes on
following pages for additional
restrictions
CC i CG t IL I IH RED /�i^ I TSH
am==
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' I P I P I P ON I C I N
289 (Kenai Supp Nu. 83, 6-7-03)
14.?2.010
1
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Perin i tted
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
LAND USES
C
RR
RRl
RS
op RSI
RS2
RU
C
c
CG
IL
IH
ED
R/TSH
INDUSTRIAL
04
Automotive Repair1 ire
Recapping/Rebuilding
N
C
C'
C''`'
N
N
P
P
P
P
N
N
N
Gas Manufacture/Storage
N
N
C.'19
C'Q
L
N
N
N
N
C"
Cy
N
N
N
Manutactur-
ing/Fabricating/Assem-
blv/Storage
N
C;
C
N
C
C
P
P
P
N
C
C
Warehouses
N
C
C'`'
C
PUBLIC/
INSTITUTIONAL
Charitable Institutions
C
C
C
C
CP
P
P
P
P
P
C
P
Churches*
Ch10
Pio
iu
Pao
P10
Pio
Pio
Pto
C
C
P
Pto
P
Clinics
C
C
C
C
C
V
C
P
P
P
C
C
C
Colleges*
V
C
C
C
C
C
P
P
C
C
P
C
VC
Elementary Schools*
C
C
A,
C
C
C
C
P
P
C
C
P
C
C
Governmental Buildings
C
C
C
C
C
C
C
P
P
P
C
P
C
High Schools*
C
cl
C
C
C
P
P
C
C
P
C
C
Hospitals*
C
C
C
C
C
C
P
P
P
C
V
C
C
Libraries
C
C
C
C
C
C
C12
P
P
P
C
P
C
P
Museums
C
C
C
C
C
V
C
P
P
P
C
P
C
P
Parks and Recreation
C
C
C
C
C
C
P
P
P
P
P
P
P
Sanitariums
C
c.
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
Bed and Breakfasts
C
C
C
C
C
C
C
C
C
C
N
C
Cabin Rentals
C
C
C
C
N
N
N
P
P
P
C
N
P
P
Cemeteries
C
C
Cl
N
N Y
N
C
C
C
C
N
C
C
Crematories
N
C
N
C
N
N
C
C
C
C
C
N
C
Day Care Centers'`
C
C.
C
C
C
C
P
P
P
C
C
C
C
Dormitories/Boarding
Houses
• C
C
C
C
P
P21
S
C
P
P
C
C
Essential Services
P'
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/Gardening/Gene
ral Agriculture"*
P
y
P
P
P
P
P
P
P
C
N
P
P
(Kcnai Supp. No. 83, 6-7-03 )
290
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference f botnotes on
following pages for additional
restrictions
ZO ING DISTRIC S
LAND USES
C
RV
RR1
RS
VRSI
RS2
VU
CC
CG
IL
IH
ED
TSH
MISCELLANEOUS
Greenhouses/Tree
Nurseries 13
C
C
C,'
C
C
C;
P
1)
1'
C
N
C
Assemblages f 5( Large:
Circuses. Fairs. etc.)
C
C
C
C
C
C
P I S
P 15
P 1 s
P l s
P 15
C
P
Fraternal Oreanizations
N
C
C
C
C
C
C
P
P
P
C
N
P
Nursing Convalescent
or Rest domes
N
C
C
C
C
C
P
P
C
C
C
C
C
Parking, Off Street
P
P
P
P
P
P
P
P
P
P
P
P
Parking. Public Lots 12
C
C
C
C
C
C
C
C
C
C
AC
C
C
Private Clubs
N
C
C
C
C
k
P
P
C
C
N
S
C
Radio/TV
Transmitters/Cell
Sites"
P
P
C
C
I
C
C
C
P
P
P
P
P
C:
C
Z
Recreational Vehicle
Parks
C
C
C
C
N
N
C
C
C
C
C.'
N
C
Social Halls
N
C
C
C
Cl
C
C
P
P
C
C
N
C
C
Subsurface Extraction
of Natural Resources 16
C
C
C
C
C
C
C
C
C
C
N
N
Surface Extraction of
Natural Resources 17
C
C
C
C
N
N
C
C
C
C
C
C
N
Union Halls
C
C
ZC
C
C
LIL
P
P
c
C
C
* See 42 USCA Sec:. 2000ce (Religious Land Use and Institutionalized Pe ons Act of 2000)
* * See Telecommunications Act of 1996, Sec. 704(a).
*** See, however, the limitations imposed under KMC 3.10.070.
Footnotes:
(1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and ma jor highways.
(2) One (1) single-family residence per parcel, which is part of the main building.
(3) Allowed as a conditional use, subject to satisfying the following conditions:
(a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone:
(b) The site square footage in area must be approved by the Commission;
(c) Yards around the site, otT street parking, and other development requirements shall be the same as for principal uses in the RR zone;
(d) Water and sewer facilities shall meet the requirements of all applicable health regulations:
291 (Kenai Supp. No. 83, 6-7-03)
H —CIO
KENAI CITY COUNCIL POLICY
FOR
COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING
MEETINGS AND WORK SESSIONS
Commission. Committee Board Reauvointment:
If, after a term (or consecutive term) of appointment has been completed, a commission,
committee or board member would like to be reappointed for an additional term, an application
must be submitted to council for consideration and approval.
Formation of Subcommittees of Commissions. Committees or Boards:
A subcommittee of a commission, committee or board may be formed for a specific function if
upon review by administration, it is indicated the subcommittee would be a governmental body
and a subcommittee of a public entity and if the formation is approved by Council.
If a subcommittee is approved by Council, the meetings of the subcommittee must be open to
the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall
and on the city website at least five (5) days prior to the meeting; and the meetings may be
recorded with a portable tape recorder and the tapes (the official record) stored in the City
Clerk's Office.
Meeting h e BSc Schedules:
Until further notice, the commission/ committee meeting schedule is as follows:
1. Commission, committees and boards, including Library, Harbor, Parks &
Recreation and Airport Commissions, shall meet on a monthly basis.
2. Council on Aging shall meet monthly at the Kenai Senior Center.
3. Planning & Zoning Commission and the Personnel Arbitration Board is
exempted from this meeting directive.
4. Commissions, committees, boards and the Council on Aging may, with the City
Clerk's approval and notification of Council and City Manager, hold special meetings (for a
specific purpose) on an as -needed basis.
5. Commission, committee and board meetings may be cancelled by the City Clerk,
with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda
items, pre -knowledge of lack of quorum, etc.
6. All commission, committee and board meetings (except Council on Aging) will be
held at Kenai City Hall and begin at 7: 00 p.m. Exceptions for subcommittee meetings may be
made with advance notice to and approval by the City Clerk.
7. Any additional commissions, committees, or boards formed will be set and
incorporated into the following meeting schedule by the City Council.
Minutes/Meeting Recording.:
8. Excepting the Planning & Zoning Commission and Personnel Arbitration Board,
responsibility of taking notes and electronically recording the commission, committee, board
meetings, falls to the department liaison (staff member) to the specific meeting group.
9. Summary minutes will be produced by the City Clerk from the department
liaison notes and provided to the City Council as official records of the meetings.
10. Electronic recordings of the meeting group, except the Planning & Zoning
Commission, shall be kept for two years.
11. Planning & Zoning Commission meeting recordings shall continue to be kept for
six years.
Work Sessions:
12. Commission, committees and boards shall receive the City Clerk's approval to
hold work sessions to be held on a date other than that of a regularly scheduled meeting or at
a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before
a 7:00 p.m. meeting.
13. Work sessions may not be held without the approval of the City Clerk unless
they occur on the night of and at the time of a regularly -scheduled advertised meeting.
14. During work sessions, only items on the work session agenda may be discussed
and no formal actions may be taken.
15. All commission, committee and board meetings must be given appropriate
public notice.
The schedule for all City of Kenai commissions, committees, boards and Council on Aging is as
follows:
Commission/ Committee / Board
Meeting
Schedule
Meeting Months
Planning & Zoning Commission
Twice monthly
January through December, Second
& Fourth Wednesdays
Library Commission
Monthly
First Tuesday
Harbor Commission
Monthly
First Monday after first council
meeting of the month.
Council on Aging
Monthly
First Thursday
Beautification Committee
Monthly
Second Tuesday
Parks & Recreation Commission
Monthly
First Thursday
Airport Commission
Monthly
Second Thursday
FFFFCTTVE!
This directive shall take effect on July 1, 2004 and remain in effect until modified by the Kenai
City Council.
Approved by the Kenai City Council on the fourth day of August, 2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Cif
7/30/04
KENAI CITY COUNCIL POLICY
FOR
COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING
MEETINGS AND WORK SESSIONS
[IN CONSIDERATION OF CONSTRAINTS IN THE FISCAL YEAR 2004 BUDGET, DIRECTION IS
GIVEN AS FOLLOWS:]
Commission, Committee Board Reappointment:
If, after a term (or consecutive term) of appointment has been completed, a commission,
committee or board member would like to be reappointed for an additional term, an application
must be submitted to council for consideration and approval.
Formation of Subcommittees of Commissions, Committees or Boards:
A subcommittee of a commission, committee or board may be formed for a specific function if
upon review by administration, it is indicated the subcommittee would be a governmental body
and a subcommittee of a public entity and if the formation is approved by Council.
If a subcommittee is approved by Council, the meetings of the subcommittee must be open to
the ublic• meeting notices shall be 1posted on the Official Cily Bulletin Board in Kenai Ci Hall y
and on the city website at least five (5) days prior to the meeting; and the meetings may be
recorded with a portable tape recorder and the tapes (the official record) stored in the City
Clerk's Office. 7
Meeting Schedules:
[IN CONSIDERATION OF THE CONSTRAINTS IN THE FISCAL YEAR [2004 BUDGET,
DIRECTION IS GIVEN AS FOLLOWS:] Until further notice, the commission/committee meeting
schedule is as follows:
1. [LIBRARY, HARBOR, PARKS & RECREATION AND AIRPORT COMMISSIONS
SHALL MEET BI-MONTHLY.] Commission, committees and boards, including Library, Harbor,
Parks & Recreation and Airport Commissions, shall meet on a monthly basis.
[2.] [BEAUTIFICATION COMMITTEE SHALL MEET JANUARY THROUGH MAY.]
1312. Council on Aging shall meet [BI-] monthly at the Kenai Senior Center.
[413. Planning & Zoning Commission and the Personnel Arbitration Board is
exempted from this [BI-MONTHLY] meeting directive.
15]4. Commissions, committees, boards and the Council on Aging may, with the City
Clerk's approval and notification of Council and City Manager, hold special meetings (for a
specific purpose) [IN THEIR ALTERNATE/ OFF -MONTHS] on an as -needed basis.
5. Commission, committee and board meetings may be cancelled by the Ci . Clerk,
with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda
items, pre -knowledge of lack of quorum, etc.
6. All commission, committee and board meetings (except Council on Aging) will be
held at Kenai City Hall and begin at 7: 00 p.m. Exceptions for subcommittee meetings may be
made with advance notice to and approval by the City Clerk.
7. Any additional commissions, committees, or boards formed will be set and
incorporated into the following meeting schedule by the City Council.
Minutes/Meeting Recording;
8. Excepting the Planning & Zoning Commission and Personnel Arbitration Board,
responsibility of taking notes and electronically recording the commission, committee, board
meetings, falls to the department liaison (staff member) to the specific meeting group.
Y
9. Summary minutes will be produced by the City Clerk from the department
liaison notes and provided to the City Council as official records of the meetings.
10. Electronic recordings of the meeting group, except the Planning & Zoning
Commission, shall be kept for two years.
11. Planning & Zoning Commission meeting recordings shall continue to be kept for
six years.
Work Sessions:
12. Commission, committees and boards shall receive the City Clerk's approval to
hold work sessions to be held on a date other than that of a regularly scheduled meeting or at
a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before
a 7:00 p.m. meeting.
13. Work sessions may not be held without the approval of the City Clerk['S
APPROVAL IF THEY OCCUR ON THE NIGHT OF A REGULARLY SCHEDULED MEETING AT OR
AFTER THE TIME OF THE REGULARLY SCHEDULED MEETING] unless they occur on the
night of and at the time of a regularly- scheduled advertised meeting.
14. During work sessions, only items on the [MEETING'S] work session agenda may
be discussed and no formal actions may be taken.
15. All commission, committee and board meetings must be given appropriate
public notice.
The IS]schedule[S] for all City of Kenai commissions, committees, boards and Council on Aging
is as follows:
Commission/ Committee/ Board
Meeting
Meeting Months
Schedule
Planning & Zoning Commission
Twice monthly
January through December, Second
& Fourth Wednesdays
Library Commission
[BI-] Monthly
[FEB., APRIL, JUNE, AUG., OCT.
DEC.] First Tuesday
Harbor Commission
[BI-] Monthly
[JAN., MAR., MAY, JULY, SEPT.,
NOV.] First Monday after first
council meeting of the month.
Council on Aging
[BI-] Monthly
[JAN., MAR., MAY, JULY, SEPT.,
NOV.] First Thursda
Beautification Committee
[FIVE MONTHS]
[FEB., MAR., APRIL, MAY, JUNE]
Monthly
Second Tuesda
Parks & Recreation Commission
[BI-] Monthly
[JAN., MAR., MAY, JULY, SEPT..
NOV.] First Thursda
Airport Commission
[BI-] Monthly
[FEB., APRIL, JUNE, AUGUST,
OCT., DEC.] Second Thursda
EFFECTIVE:
This directive shall take effect on , 200[3]4 and remain in effect until modified by the
Kenai City Council.
Approved by the Kenai City Council on the [21gt ] day of [MAY] , 200[3]4.
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Suggested by: Administr> 1 3
City of Kenai
ORDINANCE NO, 2059-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 AND
TRANSFERRING $5,000 IN THE GENERAL FUND FOR A GRANT FROM THE
STATE OF ALASKA FOR A THERMAL IMAGING CAMERA (TIC) FOR THE CITY
OF KENAI FIRE DEPARTMENT.
WHEREAS, the City of Kenai was awarded a grant from the State of Alaska
Dept. of Natural Resources, Division of Forestry in the amount of $5,000; and,
WHEREAS, this award is a grant to equip the Kenai Fire Department with a
thermal imaging camera; and,
WHEREAS, the required match of $5,000 is available in the General Fund
Contingency account; and,
WHEREAS, the City will meet grant financial reporting and compliance
requirements; and,
WHEREAS, it is in the best interest of the City of Kenai to utilize the grant
funds for the stated purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that:
Section 1: The following, -budget transfers be made:
General Fund
From: Non -Department - Contingency $5,000
To: Fire Department -Machinery &Equipment $5,000
Section 2: That estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
State Grants $5,000
Increase Appropriations:
Fire Department - Machinery & Equipment $5,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of
August 2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: August 4, 2004
Adopted: August 18, 2004
Effective: August 18, 2004
Approved by Finance:
(07/28/2004)hl
AGREEMENT FOR THE USE OF EAST END PARK
FOR DISK GOLF
WHEREAS, Mr. Ross Baxter desires to use a portion of the East End Trail system
for the purposes of providing the community with a disk golf course; and
WHEREAS, that property is currently owned by the City of Kenai; and
WHEREAS, Mr. Ross Baxter wishes to donate to the City of Kenai a total of
$4,500 resulting from private sponsorships for the purpose of purchasing nine (9) disk -
golf baskets, signs, and other miscellaneous equipment and material deemed necessary;
and
WHEREAS, since the City of Kenai will benefit from this recreational program,
both parties agree to work cooperatively for the planning and implementation of a new
course;
NOW, THEREFORE, the parties agree as follows:
1. The term of this agreement shall be from the date signed until such time that this
Agreement is terminated by mutual agreement;
2. Mr. Baxter agrees to provide a volunteer work force for the purposes of installing
baskets, signs, and other miscellaneous equipment deemed necessary;
3. The Parks & Recreation Director or designee agree to work cooperatively with
Mr. Baxter on the course design, layout, and assist with installation of equipment as time
pests;
4. The City of Kenai agrees to purchase materials and supplies with donated funds
received through Disk Golf sponsorships and provide long-term maintenance within the
limits of the parks budget.
5. In consideration for the long-term sustainability of the course, Mr. Baxter
agrees to facilitate the formation of a local Disk Golf Club for purposes of
planning, marketing, and providing assistance for the general upkeep and
maintenance of the course to the extent possible.
6. In consideration for use of the area for Disk Golf the Club agrees to indemnify
and hold harmless the City, officers, and employees from any and all claims, demands,
suits or actions, brought for or on account of any damage, injury, loss, expense, resulting
from, or claimed to be resulting from, the Club's use of the premises for Disk Golf.
7. Either party may cancel this Agreement upon 60 day notice.
ATTEST:
Carol L. Freas, City Clerk
DATED this YOUAugusti 20040
CITY OF KENAI
Linda Snow, City Manager
Ross Baxter
Ross Baxter
Club Facilitator
5wb�ti
:r 400
AGREEMENT FOR THE USE OF EAST END PARK
FOR DISK GOLF
WHEREAS, Mr. Ross Baxter desires to use a portion of the East End Trail system
for the purposes of providing the community with a disk golf course; and
WHEREAS, that property is currently owned by the City of Kenai; and
WHEREAS, Mr. Ross Baxter wishes to donate to the City of Kenai funds
resulting from private sponsorships for the purpose of purchasing nine (9) disk -
golf baskets, signs, and other miscellaneous equipment and material deemed necessary by
Mr. Baxter to facilitate the installation. Any remaining donated funds not used to
purchase baskets, equipment or 10 tallation related material will be used to promote disk -
golf activities.
WHEREAS, since the City of Kenai will benefit from this recreational program,
both parties agree to work cooperatively for the planning and implementation of a new
course;
NOW, THEREFORE, the parties agree as follows:
1. The tern of this agreement shall be from the date signed until such time that this
Agreement is terminated by mutual agreement;
2. Mr. Baxter agrees to provide a volunteer work force for the purposes of installing
baskets, signs, and other miscellaneous equipment deemed necessary;
3. The Parks & Recreation Director or designee agree to work cooperatively with
Mr. Baxter on the course design, layout, and assist with instauation of equipment as time
permits;
4. The City of Kenai agrees to purchase materials and supplies with donated funds
received through Disk Golf sponsorships and provide long-term maintenance within the
limits of the parks budget.
S. In consideration for the long-term sustainability of the course, Mr. Baxter
agrees to facilitate the formation of a local Disk Golf Club for purposes of
planning, marketing, and providing assistance for the general upkeep and
maintenance of the course to the extent possible.
6. In consideration for use of the area for Disk Golf the Club agrees to indemnify
and hold harmless the City, officers, and employees from any and all claims, demands,
suits or actions, brought for or on account of any damage, injury, loss, expense, resulting
from, or claimed to be resulting from, the Club's use of the premises for Disk Golf.
7. Either party may cancel this Agreement upon 60 day notice.
ATTEST:
Carol L. Freas, City Clerk
DATED this day of August, 2004
CITY OF KENAI
Linda Snow, City Manager
Ross Baxter
Ross Baxter
Club Facilitator
O
„CITY OF KENA, ,
Village with apart =- City with a futures
BACKGROUND AND PERSONAL DATA -
.�_ � CANDIDATES FOR APPOINTMENT COMMITTEES AND
COMMI3 ---
RECEIVED
DATE: JUL 2
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NAME:
SCAD-TT O1MfaTN �r�r,t � �)Ty r.1-
Resident of the City of Kenai? v -woe How long?
Residence Address �kO:� Y--N!�-JQ:� � a'`� F,'v! 41:
Mailing Address
c �`W— Home Telephone No. � � ` � � `N
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Home Fax No. Business Teleph ne No
Business Fax No. Email Address:
EMPLOYER. --� b
.-1� r.J� Title
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NAME OF SPOUSE: �"--`�-
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ea-tI ,me:abnershi in or anizations.S Y-kr4r4-1 -Go0- >*-�A GqACr.
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art organizational members ps.
COMMITTEES OR COMMIS8ION8 IN WHICH YOU ARE INTERESTED: PLA N N ytv b - Za.I :z.1 b 1/44kS012
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
I L Qqz�� Trot Me-5 : hr3 7^4 G 11 t111 waxz iC410 i C,0+-ViW cA &, rrw
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
ti p:�
MISSION O , COMMITTEE MEMBELx(" Ci L4RS ,....
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T4
CITY OF I ENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 28, 2004 - 7:00 p.m.
1. CALL TO ORDER:
a. Swearing in of Commissioner, Jeff Twait
b. Roll Call
c. Agenda Approval
d. 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 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:
a. *July 14, 2004
3. SCHEDULED PUBLIC COMMENT:
4, CONSIDERATION OF PLATS:
a. PZ04-25 — Preliminary Plat — FBO Subdivision No. 8. Submitted by Whitford
Surveying, P.O. Box 4032, Soldotna, Alaska. Reconsideration.
b. PZ04-36 — Preliminary Plat — Mommsen's Subdivision Parish Replat. Submitted by
Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
5. PUBLIC HEARINGS:
a. PZ04-31- Encroachment permit for rear yard setback and side yard setback for the
property described as Lot 2A, Block 4, Inlet Woods Subdivision (1545 Windward Drive),
Kenai, Alaska. Application submitted by Tracy Jones, P.O. Box 2749, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. *PZ04-33 - An application for a Home Occupation Permit for a daycare for the property
known as Lot 2A Cerepa Subdivision No. 2 (13 10 Kiana Lane), Kenai, Alaska.
Application submitted by Rose M. Wilshuson, 1310 Kiana Lane, Kenai, Alaska.
b. *PZ04-35 - An application for a Home Occupation Permit for a daycare for the property
known as Lot 16, Block 6 Redoubt Terrance Subdivision Addition 7, (1531 Toyon Way),
Kenai, Alaska. Application submitted by Diane Stockdale, 1531 Toyon Way, Kenai,
Alaska.
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. PZ04-26 — Landscape/Site Plan — Snowder Chiropractic Clinic, 205 Bidarka Street
b. PZ04-34 — Landscape/Site Plan — Preferred Plumbing & Heating, 345 Main Street Loop
c. Zoning Bulletin (7/10/04)
13. COMMISSION COMMENTS &QUESTIONS:
14. ADJOURNMENT:
1
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CE(AMBERS
JULY 28, 2004 - 7:00 P.M.
CHAI CARL GLICK, PRESIDING
MTNTTTES
ITEM 1: CALL TO ORDER
Chairman Glick called the meeting to order at 7:00 p.m.
1-a. Swearing in of Commissioner, Jeff Twait
City Planner Marilyn Kebschull administered the Oath of Office to Commissioner
Twait.
1-b. Roll Call
Members Present: N. Amen; C. Glick, P. Bryson, J. Twait, B. Eldridge
Members Absent: J. Hammelman, J. Barrett
Others Present: Councilman Rick Ross, City Planner Marilyn Kebschull,
Department Assistant Nancy Carver, and Contract
Secretary B. Roper
1-c. Agenda Approval
Chairman Glick requested the following changes to the agenda:
ADD TO: Item 5a, Letter from David 8. Barbara Dickerson
MOTION:
Commissioner Eldridge MOVED to approve the agenda acknowledging the lay downs
provided before the meeting and requested UNANIMOUS CONSENT. Commissioner
Bryson SECONDED the motion. There were no objections. SO ORDERED.
1-d. Consent Agenda
Chairman Glick requested a change to page four, paragraph four, fourth line stating
he believed it should read, ... "construction of a road with a 30 foot width, with
pavement of 24 feet..."
MOTION:
Commissioner Bryson MOVED to approve the consent agenda with the correction to
the minutes and requested UNANIMOUS CONSENT. Commissioner Amen
SECONDED the motion. There were no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES - July 14, 2004
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS
4-a. PZ04-25 - Preliminary Plat - FBO Subdivision No. 8. Submitted by
Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. Reconsideration.
MOTION:
Commissioner Eldridge MOVED to approve PZ04-25 and Commissioner Bryson
SECONDED the motion.
There was no discussion.
VOTE:
Amen
Yes
Barrett
Absent
Glick
Yes
Bryson
Yes
wait
Yes
Hammelman
Absent
Eldridge
Yes
MOTION PASSED UNANIMOUSLY.
4-b. PZ04-36 - Preliminary Plat - Mommsen's Subdivision Parish Replat.
Submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai,
Alaska.
MOTION:
Commissioner Bryson MOVED to approve PZ04-36 and Commissioner Eldridge
SECONDED the motion.
Kebschull reported this was a replat to remove the lot line and indicated staff
recommended approval after the final plat verifies there are no encroachments.
VOTE:
Amen
Yes
Barrett
Absent
Glick
Yes
Bryson
Yes
es
Hammelman
Absent
Eldridge
Yes
PLANNING & ZONING COMMISSION MEETING
JULY 282 2004
PAGE 2
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
5-a. PZ04-31-- Encroachment permit for rear yard setback and side yard
setback for the property described as Lot 2A, Block 4, Inlet Woods
Subdivision (1545 Windward Drive), Kenai, Alaska. Application
submitted by Tracy Jones, P.O. Box 2749, Kenai, Alaska.
MOTION:
Commissioner Bryson MOVED to approve PZ04-31 and Commissioner Eldridge
SECONDED the motion.
Kebschull noted a lengthy comment from staff was included in packet and advised the
issue was before the Commission previously. Kebschull pointed out two
encroachments existed, i.e. a rear and side encroachment, and suggested the
Commission consider separating the two items.
Glick opened the public hearing and advised there was a three- inute limit for
testimony.
Verbatim Begins
Mark Beauchamp, 206 Susieanna Lane, Kenai, Alaska - Thank you for the
opportunity to speak to you. I'm Mark Beauchamp. I've been a resident of Kenai
since 1963. I currently reside at 206 Susieanna Lane, in the new subdivision. Ah, I
previously served as a member of the Zoning and Planning Commission back many
years ago and during that period of time I found that the decision making was often
very challenging. As a Planning and Zoning Commission, we saw them granted
encroachments but based our decisions somewhat on common sense and when we did
not have objection by landowners who owned land adjacent to the question in part. I
do not recall ever granting a waiver for a matter of this kind when the owner objected.
In this particular case, this is a major encroachment of some 15-feet on a 20-foot
setback and Mr. Jones should assume the responsibility of making certain that his
shed was in place properly before placing it there. I ah, visited this site last year when
Mr. and Mrs. Dickerson took me out and showed me and told me of their plans to
build and at that time there was no shed there at that time. Basically it was under
construction at the present time. They were very excited about building.
Consequently, now they are looking at the possible encroachment which would affect
their property values and as we all would like to have our property values appreciate,
there's no question in my mind that this would be detrimental to the appreciation of
their property and would jeopardize it. This matter seems to me to be very basic and
PLANNING & ZONING COMMISSION MEETING
JULY 289 2004
PAGE 3
very simple; there is an encroachment, it is a major encroachment and should not be
granted. Mr. Jones should assume responsibility to make sure that it was in the
proper place and I note that the staff has recommended against granting this waiver of
encroachment and I respectfully request that you consider the matter of Mr. and Mrs.
Dickerson moving in to their lots and building there. Those should not be treated as
vacant lots, that is their future home and I respectfully ask that you deny Mr. Jones'
request in this case. Thank you for letting me up here before you.
Glick asked if there were any questions of Mr. Beauchamp; there were none.
David Dickerson, 1508 Fathom Drive, Kenai, Alaska -- My name is David
Dickerson and my wife Barbara is here. We live at 1508 Fathom Drive and we're the
owners of the two adjacent lots. We submitted a letter. We didn't do it until today but
we turned it in for your consideration and before I read that I would like to ask you to
make a couple corrections, there are a couple items that escaped me when I was
proofing it. On the first page, paragraph three, "the encroachment request on the
side setback should read seven and 1/4 inches." On the back of the page, minor item
there, on the top of the page, second line should be replatted.
Dickerson read his letter as corrected.
"We are once again respectfully requesting that you deny this encroachment request.
Your earlier denial of his request on January 14, 2004 was the correct decision we
believe and was greatly appreciated. As owners of lots numbers one and thirteen of
block four in Inlet Woods it is our property that is being encroached upon and it is our
property that would be negatively impacted and reduced in value.
Mr. Jones' request for an encroachment of almost fifteen feet into the rear setback of
twenty feet is extremely excessive. Now that a legal survey has been done it is
established that the large tall building which was built without a permit, is only five
feet one and a quarter inches from the lot line when it should be twenty feet away from
the lot line.
The encroachment request on the side setback of seven and 1/4 inches has been
recommended for approval by the City administration. We will agree to the granting of
the variance provided the rear setback is enforced to code. No problem with or
item.
Mr. Jones has given numerous reasons why it is not his fault that the building
encroaches into the setbacks. First, he said he hired a contactor and relied on him to
know and follow the city rules. In later testimony Mr. Jones said he hired the
contractor's relative (stepson; Mike Hill) to build the pretty good size little storage area
but Mr. Hill failed to do the job so Mr. Jones fired him and took it over and built it
himself. Mr. Jones said no one told him about the setback rules. I'm not sure whom
he expected to take the initiative to guide him through this especially since he had not
PLANNING & ZONING COMMISSION MEETING
JULY 28, 2004
PAGE 4
gone to the city for a building permit. In testimony to the City Board of Adjustment in
February Mr. Jones complained that the city shouldn't even have twenty -foot setbacks
in our properties as that is unreasonable. Also, it is not his fault because he did not
want to cut down any more trees and ruin the aesthetics of the neighborhood.
The salient facts are that Mr. Jones bought two lots. After purchasing the lots he had
them replotted into one large expensive piece of property. Then he hired a contractor
to build him a large 3,000 square foot home, which one might expect required some
planning and design work.
It seems to me that a reasonably prudent person who is spending this much money
would have reviewed the City Land Use Table and been familiar with the rules.
Making a site plan considers the dimensions of the lot, easements and rules for the
home, the driveway and any other structures before beginning construction is the
responsibility of the owner. He had ample opportunity to become familiar with the
rules, they are not kept secret.
There are two other points that need to be clarified. First, in Mr. Jones' testimony to
the City Board of Adjustment he said we had recanted a little and that we were no
longer feeling the same way about the encroachment. That is not true! We had
written a letter to the City Council dated February 4, 2004 stating our continued
objection to the encroachment. Secondly, Mr. Jones stated that he does not
understand why we have created such a problem for him. I'd like to please let the
record show that we have not broken any rules here and that all we have done is buy
some property with the expectation that it would not be illegally impacted and thereby
reduced in value or use. Mr. Jones is the one who has created the problem.
In summary, the building can be moved and there is no good reason why it should not
be moved. If in the process of moving the building some trees have to be removed Mr.
Jones can replace them, as he is responsible for this situation.
I just like to conclude by saying that I disagree with Mr. Jones regarding the 20-foot
setback. I think the setbacks are very appropriate and important to provide everyone
with equal opportunity to use and plan their building and the way they would like to
have their property look and used. And so with that I would just like ask you to
carefully consider this, determine as Mr. Beauchamp said, the decisions often aren't
easy but I would hope that the responsibility could be placed where it should be in
this case, thank you.
Glick asked if the Commission had any questions of Mr. Dickerson. There were no
questions.
Tracy Jones, 1545 Windward Drive, Kenai, Alaska - My name is Tracy Jones and I
reside at 1545 the lots that we're talking about on Windward. As you know that... I'm
not going to dispute that I have a large house out there and I've got a sizeable
PLANNING & ZONING COMMISSION MEETING
JULY 289 2004
PAGE 5
investment and thank you for pointing that out sir, I appreciate that. As far as the
other lots around no one's build on those lots, they just bought them to build later,
you know, that's good cause everyone needs to ah, have an opportunity to invest in a
nice neighborhood where other people have built very expensive homes. The only
thing that I think that needs to be addressed today and I want to make sure that... it's
already been granted... the setback as far as the twenty -foot goes in the first appeal
that we had frequently. What we're requesting today is ... you... we have the
building... building inspector go out because it was granted, everything was honky-
dory and everything was alright. He goes out and with shifting of, whether this
happens or not, we did have a good freeze and it's just sitting out there on the pylons
and my pylons did get moved, you know they shifted quite a bit; so I gave what I was
asked to give in the first meeting okay, is an approximate okay, there's no... nobody
said I had to have it exactly, just give us an approximate location of the building and I
did the only thing I knew to do and I went out and I measured what I could see my
property line where the stakes were and I give an estimate to the best of my ability,
whatever it was and we had it on the old papers. So, when I gave that, that wasn't
installed, that was an approximate so I thought when this was granted would only be
granted as a... sort like a, well I don't know if this is the right term to... just an open...
what's the word to ah... describe... variance can be within so many feet of what you
quoted, you know what I'm saying, you got ah... like the building inspector he's got a
foot to ah... maybe to approve if I'm not... am I correct in thinking that? He has a foot
to work with...
Commissioner Eldridge: Um-mm; yeah, we can...
Jones: So, if I got it in 10-foot I would be alright... so I did, that's what I did. So I
turned those numbers in, now ah, he comes out after the approval and everything and
he says, "well you're gonna have to ah... can you give me a better... can you put a set
of strings up so I can come out an get a better... measurement cause we have to do
this, we're finalize the building permit. Okay, so I strung up the strings to the posts
that I have. He came out, measured and he got about 4 or 5 inches difference than
what was approved in the first easement, okay, the encroachment when it got
approved by the Mayor (illegible). So, now I'm in a dilemma, they're coming back and I
had... I came into the office and they said well, we never had this happen before so
went around and went around... the lawyer tells me, tells everybody, says, well we're
going to have to... he's going to have to go right back through the system again to get
this six inches on the back approved and the seven inches on the side approved and
ah... so I said well I... you know, I don't know where we're standing with this inches so
I'm going to pay a surveyor, which cost me $400 to get a surveyor to come and replat
that building to stop all this going back and forth, who should be where and all this.
So, I paid now $105 to do the first meeting, $400 to do the replatting and another
$105 to resubmit again to get 7 inches approval on the right and 6 or 7 inches,
whatever it is, on the back, the extension, that's all this is all about. It's already been
granted that I got it and I wanted to make sure that I wasn't going to get an override
because I'm coming back through the committee system of that first grant. You know
PLANNING & ZONING COMMISSION MEETING
JULY 28, 2004
PAGE 6
I wanted to make sure that that's not going to happen neither. And ah... I don't know
why we're having to do this, nobody could explain it to me; there's no rules, no bylaws,
nothing so I feel like I'm caught in a situation of just having to go all over the same
thing and... and ah, whatever comments they want to make that's irrelevant right now
because it's 7 inches, it's not 20 feet anymore. That's done been granted to me, now
I'm asking for 6 more inches just because of the building could have shifted through
the winter or anything could have happened, we had a 40 degree freeze and had
similar earthquakes... my house shakes out there so I don't know how much it shifted.
Um... I done everything that I was supposed to have done when we started this
structure as far as the contractor but... long time ago that's... that's not even... were
beyond it. They've ah... it was a shed, it's stated as a shed... on the new a... on the
new plat. Ah, yes, it's a tall building but it's still not a two-story. It does not fall in the
two-story setback of 15 feet anyway. That's what makes it 7inches into the
encroachment on the right so there's no legal wording says that is' a two-story
building, it's a story and a half if it's anything and that still does not constitute it.., the
ah... but the surveyor said it was a shed with a loft and that's a standard good storage
building. But anyway, the biggest issue is the 7 inches on the right hand side and the
6 inches encroachment on the back extending already what I been granted and I...I
don't see what the big issue of it is. It's a beautiful building, it matches the property,
it ah... doesn't cause any aesthetics to anything. The 7 inches from the side of the
property where his house would be, when you got a corner section that sticks out right
here (pointing at a map on the wall behind the podium) his lot runs here, my building
sets in this corner section in here, it's about 30 feet of property that isn't even
infringes on... it's not hurting anything so... thank you.
Verbatim Ends
Glick asked if there were any questions of Mr. Jones. Bryson asked if the building
was portable. Jones replied it's on pylons; it's on a 6 x 6 beam and he'd have to cut
his skids off.
Bryson asked if the building was hooked to any utilities. Jones answered, no. Bryson
asked if there was power only. Jones replied there is temporary power to the building.
Bryson asked if there were overhead power lines. Jones replied no, it was
underground and comes out from around the corner of the house.
Commissioner Amen asked what the primary use of the building was and Jones
replied it is just a storage building, which contains boxes in the loft, a lawn mower,
etc. Jones added it matched the home and provided photographs of the home and
storage shed. Jones stated, if the building had to be moved, it would not look as nice
and it would be expensive.
Bryson, referring to Jones' statement that there was vegetation that screened the back
from the adjacent property, asked if there were indeed trees in the back. Jones
confirmed the picture was from the side. Bryson asked for clarification that it was not
PLANNING & ZONING COMMISSION MEETING
JULY 28, 2004
PAGE 7
five feet from the building as it didn't appear there were any trees in the area. Jones
confirmed there were no trees behind or in front of it.
Jones pointed out, in the building codes, he finally found says there couldn't be
another structure within 8 or 10 feet of the other structure, so if the structure had to
be moved or turned it would literally be pushed up on the house and that's why he
was upset about the 20-foot setback. Bryson asked what reference Jones was
referring to other than the City adopted building code but with the property close to
Lot 1 it has almost 15 feet so in either case it wouldn't be moving toward the building
at all. Bryson continued, the frontage that has the 5-foot plus clearance is moving
parallel to the building and it appears it's in excess of 20 feet.
Dickerson (speaking from audience) stated the storage building is attractive and as
long as his two lots are vacant it would look beautiful, but the question is when he
chooses to build would he be restricted as to where he can build or would it look like it
would be congested and placed close together.
Public hearing closed. Bryson stated, when looking at the location of the building, he
would interpret it to be a two-story building. Bryson added, presumably the side
setbacks aren't to protect the person placing a building, but rather to not dramatically
affect the neighbor. Bryson added, he has the same concern he had previously that
there is adequate room on the property to relocate the building near where it is and
still conform to code. Bryson continued, the trees that would need to be removed are
insignificant.
Amen asked staff if Windward Drive fronted the property. Kebschull confirmed it did.
Amen asked if there were any stipulations provided when the appeal was granted.
Kebschull stated there were none. Glick pointed out the appeal was not unanimously
granted.
Commissioner Eldridge stated he agreed the tree removal would not be unreasonable
and thought the structure should be moved.
Twait asked if it was determined whether it was a two-story building or not. Kebschull
replied, the Building Inspector had not yet entered the structure and a building permit
had not been issued. Kebschull continued, she spoke with the surveyor and he stated
he believed it was a full loft and could be constructed and used as a second story.
Bryson stated, the only issue pertinent to the height is the side setback as the rear
setback is 20 feet. Twait stated, if the house was built with the driveway being on the
leeward, the side setback would have been only five feet. Kebschull stated, if the
encroachment is granted, it wouldn't stipulate usage. Kebschull continued, the
structure being discussed is a storage shed now but it is large enough to be converted
to residential use. Kebschull added, anything over 200 square feet with sanitary
facilities could be used for residential use, so the storage shed could become a
PLANNING & ZONING COMMISSION MEETING
JULY 289 2004
PAGE 8
secondary residence on the lot.
Amen asked if administration heard from the owner of Lot 4 and Kebschull confirmed
they had not. Jones, referring to a booklet he had, stated it limits the size of a one-
story ranch home to be 1,200 sq. ft. and a two-story home to be 1,400 sq. ft. so there
couldn't be a dwelling less than 720 sq. ft. Kebschull advised the Commission the
booklet Jones referred to was covenants and the City does not enforce covenants.
Kebschull added, the City would issue a building permit for that structure for
residential use. Glick advised Jones the City's rules on covenants. Jones advised he
received the booklet from the City's office and that it is what he goes on for the rules
on setbacks. Jones added, when he came in for a permit he was given the booklet and
was told that was what he had to go by. Glick advised Jones the public hearing was
closed.
VOTE:
Amen
No
Barrett
Absent
Glick
No
Bryson
No
'lmvait
No
Hammelman
Absent
Eldridge
No
MOTION FAILED.
Glick advised Jones of his right to appeal within 15 days. Jones said he'd already
been granted the first encroachment. Glick advised that it was technically null and
void because it didn't meet the same setback that was previously requested. Jones
stated he wasn't given anything and there was nothing in the rules or in the provisions
for him to have a certain inch or anything. Jones added, if that was the case, then the
property should have been exactly surveyed and then that money would have been
spent for nothing if it were denied. Glick stated, if the property were not surveyed,
then he wouldn't know where the lot lines were. Bryson added, the appropriate action
would be to appeal. Glick advised Jones that his only alternative would be to appeal.
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSINESS
7-a. *PZ04-33 - An application for a Home Occupation Permit for a daycare
for the property known as Lot 2A Cerepa Subdivision No. 2 (13 10 Kiana
Lane) , Kenai, Alaska. Application submitted by Rose M . Wilshu son,
1310 Kiana Lane, Kenai, Alaska.
Approved by consent agenda.
7-b. *PZ04-35 -- An application for a Home Occupation Permit for a daycare
for the property known as Lot 16, Block 6 Redoubt Terrance Subdivision
PLANNING & ZONING COMMISSION MEETING
JULY 282 2004
PAGE 9
Addition 7, (1531 Toyon Way), Kenai, Alaska. Application submitted by
Diane Stockdale, 1531 Toyon Way, Kenai, Alaska.
Approved by consent agenda.
ITEM 8: PENDING ITEMS
Kebschull noted KMC 14.20.320, the modular home issue, was still pending.
ITEM 9: CODE ENFORCEMENT
Kebschull reported that the attorney is working on the pending violations.
ITEM 10: REPORTS
10-a. City Council -- Councilman Ross reviewed the July 21 st agenda and
discussed actions taken.
10-b. Borough Planning -- Commissioner Bryson reported the Borough
Planning Commission held a meeting on July 19 and provided a report on actions
taken.
10-c. Administration -- Kebschull reported the following:
• PZ04-02, preliminary plat for Wild Rose Subdivision will be heard by the
Borough Planning Commission on August 9; Mr. Merkes (the developer) reported the
roadwork was begun and will be built to standard; and, paving will be completed
within the next year or two.
• The consultants are working on the airport supplemental plan.
• The Kenai cemetery is running out of space. Additional area has been
surveyed and approximately 40 new plots are available. Other options are being
considered for when the current cemetery reaches capacity.
The mobile home versus modular home definition issue is still pending.
An explanation of the City's current procedure was provided.
ITEM 11: PERSONS PENT NOT SCHEDULED -- None.
ITEM 12: INFORMATION ITEMS
12-a. PZ04-26 - Landscape/ Site Plan - Snowder Chiropractic Clinic, 205
Bidarka Street
12-b. PZ04-34 - Landscape/Site Plan - Preferred Plumbing & Heating, 345
Main Street Loop
12-c. Zoning Bulletin (7 / 10 / 04)
PLANNING & ZONING COMMISSION MEETING
JULY 289 2004
PAGE 10
ITEM 13 : COMMISSION COMMENTS &QUESTIONS
Commissioner Eldridge welcomed Commissioner Twait to the commission.
Commisioner Amen asked what recourse the Commission had when an individual
providing public testimony refuses to stop after his alloted three minutes. Glick
replied, the chair could call a recess and if necessary call the police. Kebschull added,
the City has rules that could be read before a public hearing begins and added,
discussion should not be allowed from the audience but rather from the podium to
assure the comments are recorded.
Amen asked what recourse the Commission had when untrue statements are made.
Kebschull replied there's a time limit on appeals and an individual would have an
opportunity then to address an untruth.
Amen also welcomeded Twait to P8sZ.
Commissioner Twait stated he was pleased to serve on the P&Z Commission.
Chairman Glick also welcomed Twait to P&Z.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:00 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
JULY 289 2004
PAGE 11
V V L, L f, LV VT V I J I I iri
7- rN _ ii r fk i A r
FAX ALERT
FROM:AK MUNI(
to
:To 16
217 Second Street, Suite 200 Juneau, Alaska 99t
Tel (907) 586-1325 Fax (907) 463-5480 • www.akmi.org
TO: Mayors, Elected Officials, Key Staff & AML Legislative Committee
FROM: AML Staff
AML/ACoM Summer Meeting
Challenger Learning Center, Kenai, Alaska
Municipal Fiscal and Policy Summit:
Com utn ies *W Decide the Future ofAlaska
The next two years will be critical for Alaskans. Municipal leaders must take an active role in a state
financial disaster that will spill over to all communities and the economy.
• AML Legislative Comm'uttee Thursdam Aggust 19 8:30 a.m* to Fr�day. Aneugt 20 5:00 n�ys
• AK Conference of Mayors Friday, Ault Z011:30 e.m. — Sgftw tty. Uau:t 21.1:30 o,m.
• A11L Board of Directors Friday, Au It 2011:30 a.m. — Saturdavy Ap=t. 21, 3:30 a.m.
Tdarsdn, ftVS 19, 2.0"
T30 a.m. —1:30 p.m. Legislative Cotumitbee Meetingt General Session (including lunch)
• Legislative Session wrap- ip — What's next?
• niof plan and economic development issues
• Assip ants for subcomnTom —Bo- edeker
2:00 - 5:00 pm. Subcommittee Breakout Mect ngs to develop municipal policy stet sent
5:30 p.m. Reception boated by the City of Kenai — Kenai Convention & Visitors Bateau
Frida-y; An 2 , 2004
8:00 —11:00 ern. Compicte S_dxmmittm Work &list of proposed Le ' 've Platform Issules for the
�8 7=r_
11:30 -1.30 p.m. I.eglstative Committee! AJaslca Conference of Mayoral AMI. Board
Combined Lunch of Bir�tora Combined Session to discuss 2004 Draft Policy & Platform State.rnents
• Discuss key legislative issues
• Brainstorm and tank key platform issues
1:30 - 5:04 p.m. Alaska Conference of Mayoral AMIL Board of Directors —
Disc;ussion of Sscsl al at' for the stage and Iocal >~ Create a stat+cm�eat
and plan for AMUACoM to present to state leaders and s.
J&Wrday4i AnWA 21, 2004
8:00 a.m. • No= of Mayors Meeting
• State fiscal plan action — legislative action plan
• F�o�a�aRaic development aeon
• Comum:nity updates
12:30 — 3:30 p.m- Municipal League Boatel of Directois and Work Session
• Approve FY 05 AbS Annual Budget
• Discuss AMUnA Board of Thalm appointment process
• Exeartive Dftwor evaluation
• Beard vommeuts and questions
More informodon & registration at wwvw, akmx org or 1-877-63&1325
Member of the National League of Cities and the National Association of Counties
UNAI PENINSULA
kCONOMIC DEVELOPMENT DISTRICT, INC.
BUSINESS INNOVATION CENTER
July 16, 2004
Mayor John Williams
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Dear Honorable Mayor Williams,
Faxed: 283-5068
07/ 16/04
E C:
C V.
'HAD.
Kcn� ��-
_, . ao i=ERlC
The EDD has appreciated participation and support from the City of Kenai members of
the Board.
With the resignation of Casey Reynolds from the City of Kenai a vacancy on the Kenai
Peninsula Economic Development District, Inc. Board of Directors will need to filled.
EDD is requesting the City of Kenai make an appointment to complete the term that
expires December 31, 2006.
EDD Articles of Incorporation Article VI, Section 5, allow the Board member to appoint
two (2) Directors, one (1) of whom shall be an elected official or employee of that city.
Board appointments run for three (3) years. The term for the new appointee would
commence on the date approved by the council and would expire on December 31St,
2006.
Please contact me if you have any questions .
Sincerely,
Kenai Peninsula Borough Economic Development District, Inc.
Dee GaEidis
Administrative &Finance Coordinator
Enc: Articles of Incorporation Article VI, Section 5.
EDD Meeting Calendar
14896 KENAI SPUR HWY, SUITE 103-A, KENAI, AK .99611-7756
PHONE:907/283-3335 FAX:907/283-3913
EMAIL: info@kpedd.org www.kpedd.org
L. 1
MEMORANDUM
TO: Linda Snow, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: July 28, 2004
RE: Dip Net Info
The following is a brief summary of the dip net fishery as requested:
The biggest change for the Parks &Recreation Dept. from previous fisheries was the
purchase and staffing of the dip net pay shacks. Shack attendants started the evening of
Friday, July 9`h in preparation for the season opener on July 10`h. Shacks were staffed
17.5 hours each day from July 10t' through July 20`h and 24 hours from July 215` through
July 31S`. Parks &Recreation also provided three (3) attendants to work at the City Dock
during evening hours and weekends.
The Parks & Recreation Department provided shack attendant training and participated
with Finance, Public Works, and Police on providing additional procedural training. The
money handling procedures developed by Finance worked reasonably well. Shack
attendant security is still a lingering concern, however, cell phones and frequent visits by
KPD officers alleviated some fears. Some thought could be given to providing
alternative and convenient ways for people to pay, thus, eliminating some of the cash
accumulation at the shacks. Most generally people were willing to pay. Although fees
were fairly self-explanatory, some discussion could be given to simplifying the fee
structure.
Parks & Recreation developed and distributed dip net information cards and faxed info to
AK. Dept. of Fish & Game, Sport Fish Division. It seems to me they developed their
Don't Be A Dip literature late this year. Perhaps if we coordinate with F&G earlier this
info could be produced prior to fishery opening.
The weekends of the 1 Oth and 17th were extremely busy for shack attendants. Vehicle
congestion throughout the 171h and 18th prompted us to staff additional help on the north
side on the 241h and 251h to assist with traffic control. The parking lot couldn't
accommodate the amount of vehicle traffic during these times and warranted extra help.
I have not spoken to the Kenaitze Indian Tribe lately but am interested in listening to any
problems they encountered on the south side as a result of this year's fishery. Most dip
netters disregarded the "pack it in pack it out" policy on the south beach, thus, prompting
daily checks from the parks crew. The City Tent Campground also received a lot of use
since the fishery opened.
I believe portable restrooms accommodated users reasonably well and most definitely
needed serviced daily. Dumpster services were increased by one day this season and
worked reasonably well with one emergency call -out that I am aware of. Project Protect
and ALPAR assisted tremendously with litter and dune protection.
Next year's upgrades to consider are: north beach restroom replacement, improved
access from S. Forest Drive to beach including trail improvements, Wetlands Protection
Project (Public Works), temporary electric service lines to shacks (security lighting),
dumpsters/portables on Dunes Rd., survey Old Cannery Road extension, raise walkways
on sand dune, improvements to tent campground.
CITY OF KENAI
"Oil Capital of Alaska"
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
' TELEPHONE: 907-283-7535
FAX: 907-283-3014
MEMO
To:
Linda Snow, Kenai City Manager
From:
Keith Kornelis, Kenai Public Works Manage�
Subject:
Dip Net Fishery
Phone:
(907) 283-8232 Fax: (907) 283-3014
Date:
July 28, 2004
I received your email of July 27 requesting a note about my part in the dip net fishery.
Public Works:
1. Hauled gravel and graded the north and south side parking lots and beach entrances.
2. Marked the parking spaces in the north side parking and dock parking lots.
3. Moved all three pay stations in place and set up concrete barriers. We have had a pay
station at the dock for many years and our suggestion that we do the same for the north
and south side parking is paying off.
14
4. Made and installed many signs in each location.
5. Closed Old Cannery Road extension with concrete barriers and barricade. Worked with
DNR to obtain a temporary closure of the section line easement. We put up signs that
DNR wanted. Completed the City of Kenai Detour Permit for closing road.
6. Obtained a Project Specific Permit from the Kenai Peninsula Borough to allow the city to
place a small building in the Dunes Road right of way for beach parking fee.
7. Worked with Police, Finance, and Parks to develop regulations, policies, and operational
procedures for the dip net operations.
8. Placed ads in newspaper and radio about the dip net fishery. Developed informational
sheet to help answer questions asked about the fishery.
9. Scheduled the city employees for the dock boat launch and parking dip net operations.
Page 1 of 2
According to Cary Graves the fee that the city is collecting for beach access is to cover i.
expenses for safety, maintenance, and operation of the dip net fishery. It is not suppose to
generate revenue for the general fund. At this time our revenue is 40% more then last year. If
this continues we will receive about $180,000. Below is a list of items that I think should be
considered for improvements to our dip net fishery operation:
NORTH SIDE
• Wetlands Protection Project and Bluff Stairs Improvements —This project uses a 50%
matching grant from the US Fish &Wildlife ($12,000 each)
• Paving the area around the pay station and turn a round near the beach
• Additional trail improvements from Municipal Park to beach including signage
• Electrical power to pay station for lights & heat and area lighting
• Replace the existing old outhouse
SOUTH SIDE
• Survey the section line, which is also the city limits, and determine the exact location
Old Cannery Road extension
Furnish dumpsters at the pay station and outhouses on the beach
DOCK
• Replace culvert under Boat Launch Road. This needs to be the top priority since we
could loose the road anytime. ($18,000)
• Dock Exit Road and additional parking
• Bridge Access Road right turn lane from a new Dock Exit Road continuing south to
intersect Boat Launch Road
Paving the staging area in front of the restrooms and launch area
• Area lighting
• Two additional launch ramps and floats (have $350,000 grant)
Page 2 of 2
Low
CITY OF KENA1
"Oil Capital of Alaska"
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99511-7794
' •�� TELEPHONE: 907-283-7535
FAX 907-283-3014
MEMO
To:
Linda Snow, Kenai City Manager
From:
Keith Kornelis, Kenai Public Works Manage�
Subject:
Dip Net Fishery
Phone:
(907) 283-8232 Fax: (907) 283-3014
Date:
July 28, 2004
I received your email of July 27 requesting a note about my part in the dip net fishery.
Public Works:
1. Hauled gravel and graded the north and south side parking lots and beach entrances.
2. Marked the parking spaces in the north side parking and dock parking lots.
3. Moved all three pay stations in place and set up concrete barriers. We have had a pay
station at the dock for many years and our suggestion that we do the same for the north
and south side parking is paying off.
. It
4. Made and installed many signs in each location.
5. Closed Old Cannery Road extension with concrete barriers and barricade. Worked with
DNR to obtain a temporary closure of the section line easement. We put up signs that
DNR wanted. Completed the City of Kenai Detour Permit for closing road.
6. Obtained a Project Specific Permit from the Kenai Peninsula Borough to allow the city to
place a small building in the Dunes Road right of way for beach parking fee.
7. Worked with Police, Finance, and Parks to develop regulations, policies, and operational
procedures for the dip net operations.
8. Placed ads in newspaper and radio about the dip net fishery. Developed iational
sheet to help answer questions asked about the fishery.
9. Scheduled the city employees for the dock boat launch and parking dip net operations.
Page 1 of 2
NORTH SIDE
• Wetlands Protection Project and Bluff Stairs Improvements —This project uses a 50°r6
matching grant from the US Fish &Wildlife ($12,000 each)
• Paving the area around the pay station and turn a round near the beach
• Additional trail improvements from Municipal Park to beach including signage
• Electrical power to pay station for lights & heat and area lighting
Replace the existing old outhouse
SOUTH SIDE
• Survey the section line, which is also the city limits, and determine the exact location of
Old Cannery Road extension
Furnish dumpsters at the pay station and outhouses on the beach
DOCK
• Replace culvert under Boat Launch Road. This needs to be the top priority since we
could loose the road anytime. ($18,000)
• Dock Exit Road and additional parking
• Bridge Access Road right turn lane from a new Dock Exit Road continuing south to
intersect Boat Launch Road
• Paving the staging area in front of the restrooms and launch area
Area lighting
• Two additional launch ramps and floats (have $350,000 grant)
Page 2 of 2
RE: Dipnet thru Sunday, 7/25/04
Page 1 of 1
Linda Snow
From: Kim Wannamaker
Sent: Wednesday, July 28, 2004 4:41 PM
To: Linda Snow
Subject: RE: Dipnet thru Sunday, 7/25/04
The Kenai Police Dept. has participated in the Kenai River Dipnet fishery via pre -season survey & needs
assessment, evaluation of existing and potential safety issues and ways to decrease and/or eliminate them. We
hired two Seasonal Enforcement Officers to provide Public Safety presence on the dipnet beaches and parking &
access areas to enhance the harmonious & cooperative relationship amongst fishery participants.
Management efforts have included (1) motorist access & parking (2) pedestrian access for participation and/or
just lookin (3) Public Safety response to violations/emergency services (4) Sanitary conditions for employees
and participants (5) Money collection procedures (6) Coordinating interaction between Police and Parks&Rec,
and Finance personnel. And having fun while doing it.: )
-Kim W.
7/29/2004
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CITY OF KENAI
"Oil Capital of Alaska"
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE: 907-283-7535
FAX: 907-283-3014
MEMO
To: Linda Snow, Kenai City Manager
From: Keith Kornelis, Kenai Public Works Manager(gp.....
Subject: Swires Road extension
Phone: (907) 283-8232 Fax: (907) 283-3014
Date: 7/20/2004
I did a rough cost estimate to extend Swires Road from Mountain View
Elementary School to Lawton.
included clearing and grubbing, excavation, borrow, leveling course, 2° asphalt
paving, curb and gutter on one side, construct a drainage ditch, topsoil, seeding,
signs, surveying, traffic maintenance, water mains, and sewer mains. I did not
include any consultant costs to obtain a Corps of Engineers wetlands permit for
the small area that is wetlands.
A rough cost estimate is:
Administration:
31000
Engineering Design:
611000
Inspection:
617000
Construction:
7531000
Contingency:
113, 00
TOTAL: $9910000
STATE OF ALASKA
Department of Administration
• ,� •' F • �~� •
July 26, 2004
Cary R. Graves
City Attorney
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611-3 014
Dear Mr. Graves:
Frank H. Murkowski, GOVE: `
2221 EAST NORTHERN LIGH'
ANCHORAGE ALASKA 99508-4149
PHONE: (907) 276-4176
FAX: (907) 276-7018
e-mail: First Name Last Name@admin. state. ak. us
❑ P . O. BOX 110222
JUNEAU, ALASKA 99811-0222
PHONE: (907) 465-4864
FAX: (907) 465-4832
I am responding to your July 9, 2004 letter in which you state that the Kenai City
Counsel has asked if the city could have an election on whether only planning and zoning
commissioners should be exempt from filing financial disclosure statements under Alaska
Statute 39.50.
The answer is no. Under AS 39.50.145, a municipality may exempt its officers
from filing from the requirements under AS 39.50 if a majority of the voters voting on the
question at a regular or special municipal election. However, nothing in this chapter
authorizes a municipality to alter the statutory definition of "municipal officer" which
includes the mayor, assembly or council, school board, elected utility board, manager, and
planning and zoning commission members.
Please feel free to call me at 1-800-478-4176 if you have any questions or
concerns about this issue.
Sincerely,
ALASKA PUBLIC OFFICES COMMISSION
Brooke Miles
Executive Director
RECEIVED
JUL 2 8 2004
KENAI LEGAL DEPT.
e
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
AUGUST 4, 2004
1. 7/27/04 Public Works Department, Project Status Report.
2. 8/3/04 Kenai Peninsula Borough Assembly Meeting Agenda.
� Project Status Report
A=Active KK - Keith Komelis TA dP
NC=Non-Construction JL - Jack La Shot
F=Future RS - Robert Springer
M
STIP=State Trans. Imp K -Marilyn Kebschull
Jet - Jan Taylor
AMC/'F/ City Contact Proloct Name Status
sm
A JL Airport Security Fencing Bid opening 7J28/04. Addenda sent.
A JL Airport Security System Project progressing well. Terminal near
completion.
A MK Airport Supplemental Planning Project awarded to DOWL. Contract for Phase I
Assessment signed. Scoping for Phase II initiated.
A JL Airport Taxiway "H" Access Engineering progressing. Bid date not set.
Parking
A JL Airport Terminal Modifications Bid opening 7/28/04. Addendum sent.
A JL Contaminated Soils - Shop Work plan submitted. Received ranking for loan
fund - could be funded if City chooses to.
Reappropriated $151,314. Must decide highest
priority for funds.
A JL Daubenspeck Environmental Final report has been received. UST removal
Site Assessment report received and submitted to ADEC.
A JL FBO Subdivision Lots 5 & 6 On hold until land appraised.
A JL Kenai AP ARFF/SRE Facility Closing out.
A KK Kenai Boat Launch Received $350,000 grant. Nelson & Associates
Improvements are working on the design. The City is working on
possible land acquisition for exit road.
Tuesday, July 27, 2004 Page 1 of 3
A/NC/Fi City Contact Protect Name
sm
A KK
A JL
A JL
A JL
A KK
A JL
A KK
A KK
F KK
Status
Kenai Coastal Trail
The Corps study is scheduled to be completed
next month. It will then be reviewed by all
agencies. Hopefully, the City will get additional
funds to complete design and answer any
questions from the study and agencies including
obtaining the Corps Permit. Received status
report June 23, 2004.
Maintenance Shop
Preliminary plans and specifications complete.
Grant funds to lapse in '04. Passed resolution to
amend grant to do environmental.
Multi -Purpose Facility
Will seek funding as described by Resolution 2004-
09. Analyzing best venting methods.
Runway Extension
Project on hold until AP Supplemental Planning
Environmental Assessment
Assessment complete.
Title 17 Review and W & S
Completed revisions to W & S regulations and sent
Regulations
draft out for everyone to review. Adding a grease
prevention regulation. Plan to make changes to
KMC and regulations soon.
Underground Storage Tank -
Extra soils removed and stockpiled. Report to
Airport
ADEC finished and submitted. May spread soils
on airport. Requested ten times rule for water table.
Wastewater Facility Master Plan
City received the final report which ADEC has
approved. GeoNorth is updating the City's GIS as
part of this project.
WH 4
We have good quality water with a few exceptions.
The new arsenic MCL will require treatment at this
well and Well Houses No. 1 and 3. Working with
DNR on land purchase issues. Having two pilot
test programs on water in August.
McCollum & Aliak, Set Net Dr.,
These LID projects are on a list for consideration
S. Ames Rd. LID's
by Council at a later date. Projects on hold until
changes made or funding found. City Clerk has
sent letters requesting information from each
property owner about the future of these LID
projects.
Tuesday, July 27, 2004 Page 2 of 3
A/NC/Fi City Contact Protect Name Status
sTF
F JL Senior Kitchen Senior Director has submitted Rasmusson grant
request.
STIP KK DOT - Bridge Access Pathway Pathway along Bridge Access Road from K-Beach
to Spur 3.3 miles... Project in environmental
assessment. Design scheduled FFY08.
Construction after FFY09.
STIP KK DOT - Kenai River Flats This is the rest stop and Birch Island Facility near
Interpretive Site the Warren Ames Bridge. This project has been
moved out of the recent STIP time frame.
Tuesday, July 27, 2004 Page 3 of 3
Kenai Peninsula Borough
August 3, 2004 - 7:00 p.m.
Pete Sprague
Assembly President
Seat 4 - Soldotna
Term Expires 2004
Gary Superman
Assembly Vice
President
Seat 3 - Nikiski
Term Expires 2004
Dan Chay
Assembly Member
Seat I - Kalifornsky
Term Expires 2006
Paul Fischer
Assembly Member
Seat 7 - Central
Term Expires 2004
Betty Glick
,Mbly Member
2 - Kenai
_ .n Expires 2005
Ron Long
Assembly Member
Seat 6 - East
Peninsula
Term Expires 2006
Milli Martin
Assembly Member
Seat 9 - South
Peninsula
Term Expires 2006
Grace Merkes
Assembly Member
Seat 5-
Sterling/Funny River
Term Expires 2005
Chris Moss
Assembly Member
Seat 8 - Homer
Term Expires 2005
Assembly A'a
Regular Meeting Borough Administration Building, Soldotna, Alaska
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
D. ROLL CALL
E. COMMITTEE REPORTS
F. APPROVAL OF AGENDA AND CONSENT AGENDA
(All items listed with an asterisk (*) are considered to be routine and non -controversial by the
Assembly and will be approved by one motion. There will be no separate discussion of these
items unless an Assembly Member so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda.
G. APPROVAL OF MINUTES
*I. July 6, 2004 Regular Meeting Minutes ..................... 1
*2. July 7, 2004 Board of Equalization Hearing Minutes LAYDO`'VN
H. COMMENDING RESOLUTIONS AND PROCLAMATIONS
I. PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total)
J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE
AGENDA (3 minutes per speaker; 20 minutes aggregate)
K. REPORTS OF COMMISSIONS AND COUNCILS
August 3, 2004 Page 1 of 6
to 4 * * jof
L. MAYOR'S REPORT ................................................... 18
1. Agreement and Contracts
a. Spruce Bark Beetle Mitigation Program:
• Approval of Contract with Tinker Creek Surveys for Kasilof
Drive Surveying Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . p . . 19
b. Approval of contract with Mike Tauriainen Consulting for
Engineering Estimate for Community College Drive soils
investigation and preliminary design report ....................... 21
C. Approval of contract with McLane Consulting Group for Engineering
Estimate for the Westbrook Subdivision RIA.D Project ............. 23
d. Approval of contract with Northwest Carpet Company, LLC for
Nanwalek School Flooring Replacement ......................... 24
e. Approval of contract with McLane Consulting Group for Phase I
Quality Control Testing for Central Peninsula General Hospital ...... 26
f. Approval of bid award to Redoubt Industries, Inc. for Well Water
Cooling Project at Central Peninsula General Hospital .............. 27
g. Approval of bid award to Coast Range Construction, Inc. for Clinic
Demolition at South Peninsula Hospital ......................... 28
M. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None
N. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)
1. Ordinance 2004-05 (Mayor's Substitutel: Amending the Kenai Peninsula
Borough Code Chapter 5.12 by Revising Procedures for Appeals to the Board
of Equalization (Mayor) (Referred to Policies and Procedures Committee) .... 30
2. Ordinance 2004-21: Providing for a Vote on the Question of Adopting a
Manager Plan of Government at the Next Regular Election (Glick) (Referred
to Policies and Procedures Committee) ................................ 36
3. Ordinance 2004-22: Expanding the Central Emergency Service Area to
Include the Funny River Area and/or the Kasilof/Cohoe/Clam Gulch Area
(Mayor) (Referred to Policies and Procedures Committee) ................. 39
August 3, 2004 Page 2 of 6
4. Ordinance 2004-23: Amending KPB 5.12.115 to Increase the Residential
Real Property Exemption from $10,000 to $20,000 (Superman, Mayor,
Fischer, Martin) (Referred to Finance Committee) ....................... 49
5. Ordinance 2004-24: Providing for the Submission to the Qualified Voters of
the Nikiski Fire Service Area in the Kenai Peninsula Borough, Alaska, the
Question of the Issuance of One Million Nine Hundred Ninety -Five
Thousand Dollars ($1,995,000) of General Obligation Bonds of the Nikiski
Fire Service Area to Pay the Costs of the Nikiski Fire Station 3 in the Nikiski
Fire Service Area, at an Election in and for the Service Area on October 5,
2004 (Mayor) (Referred to Finance Committee) ......................... 52
6. Ordinance 2004-25: Authorizing the Sale of _ Parcels of Borough Land by
Sealed Bid (Mayor) (Referred to Lands Committee) ...................... 60
[Clerk's Note: A teleconference site will be established at the Kenai
Peninsula Borough Homer Assessing Office to receive public testimony on
the above ordinance. J
7. Ordinance 2004-26: Amending KPB 17.10.040 to Authorize the Acquisition
of Interests in Lands and Resources Costing $15,000 or Less Without
Assembly Approval (Mayor) (Referred to Lands Committee) ............. 106
O. UNFINISHED BUSINESS
1. Postponed Items
a. Resolution 2004-051: Supporting the Designation of the Sterling
Highway as a State Scenic Byway Between Skilak Road and Anchor
Point by the Alaska Department of Transportation and Public
Facilities (Martin) (Referred to Lands Committee) ................ 111
[Clerk's Note: A teleconference site will be established at the Kenai
Peninsula Borough Homer Assessing Office to receive public
testimony on the above resolution.]
P. NEW BUSINESS
1. Bid Awards
*a. Resolution 2004-070: Authorizing Award of Contracts for one (1)
Group A and Five (5), Group B Road Capital Improvement Projects
(Mayor) (Referred to Finance Committee) ...................... 135
August 3, 2004 Page 3 of 6
*b. Resolution 2004-071: Authorizing Award of a Contract for the Old
Exit Glacier Bridge No. 2 Capital Improvement Project (Mayor)
(Referred to Finance Committee) ............................. 145
* c. Resolution 2004-072: Authorizing Award of Contract for the Central
Peninsula Landfill Closure Design (Mayor) (Referred to Finance
Committee)..............................................147
2. Resolutions
*a. Resolution 2004-073: Authorizing the Assessor to Assess Low -
Income Housing Tax Credit (LIHTC) Projects based on Restricted
Rents (Mayor) (Referred to Finance Committee) ................. 149
*b. Resolution 2004-074: Authorizing the Mayor to Enter a Maintenance
Agreement for the Bear Creek Fire Service Area Flashing Beacon
(Mayor) (Referred to Finance Committee) ...................... 171
C. Resolution 2004-075: Amending the Assembly Manual to Clarify the
Assembly's Position with Respect to Assembly Business Cards, to
Give Guidance to Assembly Members Attending the Alaska
Municipal League's Annual Conference, and to Conform to
Provisions in the Borough Code and Alaska Statues Relating to
Public Notice Required for Special Meetings of the Assembly
(Policies and Procedures Committee) (Referred to Policies and
Procedures Committee) ..................................... 178
* d. Resolution 2004-076: Reclassifying Certain Borough Land Located
in the Bean Creek Area of Cooper Landing Pursuant to KPB Code of
Ordinances, Chapter 17.10.0 8 0 (Mayor) (Referred to Lands
Committee) ................................. .............184
*e. Resolution 2004-077: Classifying Certain Borough Land Pursuant to
KPB Code of Ordinances, Chapter 17.10.080 (Mayor) (Referred to
Lands Committee).........................................200
f. Resolution 2004-078: Establishing a Policy Regarding Use of the
Internet by Assembly Members During Regular Assembly Meetings
and Assembly Committee Meetings (Glick) (Referred to Policies and
Procedures Committee) ..................................... 260
August 3, 2004 Page 4 of 6..
� 3. Ordinances
*a. Ordinance 2004-19-03 : Accepting and Appropriating Four Volunteer
Fire Assistance Grants from the Alaska Department of Natural
Resources (Mayor) (Hearing on 09/07/04) (Referred to Finance
Committee)..............................................264
*b. Ordinance 2004-19-04: Appropriating $790,000 from the Land Trust
Fund for Constructing Roads and Utilities in Birch and Grouse Ridge
Subdivision (Mayor) (Shortened Hearing on 08/17/04) (Referred to
Finance Committee)........................................268
*c. Ordinance 2004-19-05: Appropriating $217,975.05 to the Special
Assessment Fund for Tustumena Terrace Natural Gas Line Utility
Special Assessment District (Mayor) (Shortened Hearing 08/17/04)
(Referred to Finance Committee) ............................. 270
*d. Ordinance 2004-19-06: Accepting a $40,450 Grant from the State of
Alaska for the Borough's Coastal Management Program (Mayor)
(Shortened Hearing 08/17/04) (Referred to Finance Committee) ..... 273
*e. Ordinance 2004-27: Approving Birch and Grouse Ridge Subdivision
j Local Option Zoning District as aRural-Residential (R-R) District,
and Amending KPB Chapter 21.46.030 (Mayor) (Hearing on
09/07/04) (Referred to Lands Committee) ....................... 277
*f. Ordinance 2004-28: Establishing the Grande View Heights One Local
Option Zoning District, and Amending KPB 21.46.040 (Mayor)
(Hearing on 09/07/04) (Referred to Lands Committee) ............. 281
4. Other
*a. Approving the Application for Restaurant Designation Permit filed
by Bear Creek Lodge in Hope, Alaska (Referred to Finance
Committee)..............................................288
*b. Petition to vacate Balsa Wood Court a 50-foot public Rights -of -Way,
and associated public utility easements, dedicated by Gaede Eighty
Subdivision Addition No. Three (Plat KN 97-27); within Section 3 5,
Township 5 North, Range 11 West, Seward Meridian, Alaska; and
within the Kenai Peninsula Borough; KPB File 2004-170 (Referred
to Lands Committee) ....................................... 290
August 3, 2004 Page 5 of 6
[Clerk's Note: The Planning Commission approved the referenced
vacation by unanimous consent during its regularly scheduled July
19, 2004 meeting.]
* c. Petition to vacate a portion of Lakeview Lane, dedicated by Lakeview
Estates Subdivision (Plat KN 79-41); within Section 33, Township 4
North, Range 11 West, Seward Meridian, Alaska; and within the
Kenai Peninsula Borough; KPB File 2004-166 (Referred to Lands
Committee)..............................................302
[Clerk's Note: The Planning Commission approved the referenced
vacation by unanimous consent during its regularly scheduled July
19, 2004 meeting. J
Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)
R. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
August 17, 2004 07:00 PM Regular Assembly Meeting Soldotna
S. ASSEMBLY COMMENTS
f
T. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.)
1. Resolution 2003-094: In Support of CS for HB 240 and SB 186, Acts
Relating to Charitable Gaming Through Implementation of Electronic
Gaming Machines (EGM) in the State of Alaska (Superman) (Referred to
Legislative Committee) (Tabled on 02/17/04)
U. INFORMATIONAL MATERIALS AND REPORTS
V. NOTICE ' OF NEXT MEETING'AND ADJOURNMENT
The - 'next meeting of the Kenai Peninsula Borough Assembly will be held on August 17,
2004, at -7:00 P.M. in the. Borough Assembly Chambers, Soldotna, Alaska.
This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula),
K201AO-FM883(East Peninsula).
• Copies of agenda items are available at the Borough Clerk's Ofce or outside the Meeting Room just prior to
the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800-
478-4441, Ext. 2160: Visit our websiie at www. borough. kenaL a& us for copies of the agenda, meeting summaries,
ordinances and resolutions.
i
MAKE 26 PACKETS
COUNCIL PACKET DISTRIBUTION
COUNCIL MEETING DATE: 5/41/6 V
Mayor/Council
Attorney
,.
Tayfor/5 rin er/Kebschull
Clerk
City Manager
/Public
Works
Police Department
Finance
Engineer
Senior Center
I
Airport
Kim
Library
Parks & Recreation
Clarion
Fire Department
Schmidt
Mellish
I
Lftl! k
AGENDA DISTRIBUTION
Sewer Treatment Plant
Streets
Sho
Dock
Buildin Maintenance
Animal Control
Water/Sewer
Counter
DELIVER
Council Packets to Police Department Dispatch desk.
The Clarion, Olson, Mellish & Schmidt's Office will pick their packet up in my
office. The portion of the agenda published by the Clarion should be emailed as
soon as possible after Noon on packet day. The camera-ready agenda
c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at
Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in
Contacts or lbell@acsalaska.net). Home Page documents (agenda, resolutions,
ordinances for public hearing, and ordinances for introduction) are usually emailed
to me and I hold them in my HTML file. Place them onto the city's website with
Front Page from there as soon as possible before leaving the office for the
weekend.