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HomeMy WebLinkAbout2005-03-02 Council PacketKenai City Council Meeting Packet March 2, 2005 AGENDA KENAI CITY COUNCIL- RF~ULAR MEETING MARCH 2, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h_ttl:)://www, cl. kenM. ak.u s 6'00-7'00 P.M. -- Work Session/Title 17 Proposed Amendments I~TEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail 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: ITEM C: ITEM D' ITEM E: I_TEM F: SCHEDULED PUBLIC COMM~.NT~ (10 minutes) UNSCHEDULED PUBLIC COMMP-NT~ (3 minutes) REPORTS OF KPB ASSEMBLY. LEGISLATORS AND COUNCILS ~RE~RTS OF KENAI CONVENTION/k V~_SITORS B_UREAU BOARD AND KENA! CI4~M_n~'.R OF COMM~RCF PUBLIC HEARINGS , Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone {LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others. ae Substitute Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ), Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others and Clarifying the Development Requirements Table. , Ordinance No. 2082-2005 -- Amending KMC 14.20.290 to Require Notices of Board of Adjustment Hearings be Sent by Certified Mail to the ITEM G: o ITEM H: o ITEM I: o , , . ITEM J: o 2. 3. 4. 5. 6. 7. ITEM K: ITEM L: ! Appellant and Any Applicant for a Permit Being Appealed From at Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After the Filing of the Appeal; and, Updating and Clarifying Other Portions of the Appeal Process. MINUTES *Regular Meeting of February 16, 2005. OLD BUSINESS Discussion-- Proposed Soccer Fields (Section 36) Grant Application Update. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly ¥~ of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re-subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision Excluding Evergreen Subdivision Kim Addition From Rural Residential {RR} to Recreation {R). *Ordinance No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General Fund for a Grant for One {1) Traffic Safety Speed/Message Trailer. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled I_TEM N: ADJOURNMENT MAYOR'S REPORT MARCH 2, 2005 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD TO: ITEM F-la -- Memorandum of clarification regarding Substitute Ordinance No. 2081-2005. CITY ATTORNEY ADD TO: ITEM F-la -- Memorandum from M. Kebschull noting an error In the sign code {Attachment D, Page 2) of Substitute Ordinance No. 2081-2005. CITY ATTORNEY ADD TO: L-2, Clerk's Report -- Kenai River Center invitation to participate In the "Floodplains: Linking Policy and Science" Conference in Seward, AK on March 31 and April 1, 2005. CITY CLERK CONSENT AGENDA No changes. MAYO R'S REPORT w z~~wz Z 0 TESTIMONY SIGN-IN SHEET ] Snapshot KPB Budget Analysis She~/~2 20)~~~~ By Dan Chay KPB Budget Issues For FY05, total KPB expenditures-including all service areas was estimated to be ~$83.5 'million. Budget funds: general fund; special revenue fimds (fire, emergency, land trust, solid waste, senior citizens, hospital, etc.); debt service funds, capital projects funds, and internal service funds). The FY05 general fired budgeted expenditures were $57.3 million. '05 general fund budgeted revenues were $51.9 million. The difference between general fund budgeted revenues and expenditures ($5.4 million) was covered by withdrawing from general fund savings, i.e., the "general fund unreserved fund balance" (GFUFB) In FY05, 67.3% of the general fund budget went to support schools; 23.6% general operations (of which 67% of that was-personnel); and 9.1% went to special funds. * As policy, the KPB tries to keep the general fund unreserved fired balance between $11.7 million and $22.3 million thresholds. In 2002, the balance was high: $28.3 million. The borough intentionally has been drawing down on that balance. * The current GFUFB is about $14.7 million, i.e., about $3 million more than the lower threshold. FY06 Almost-Nondiscretionary Budget Expenditure Increases and Revenue Decreases The state eliminated the safe communities program (-$850,000) The state eliminated municipal revenue sharing (-$725,000) · Feds may-reduce Paymem in Lieu of Taxes 20% (PILT) (-$350,000) Oil and gas property tax revenues are down (-$436,000) Extra $10,000 property tax exemption (-$670,000) Reduction of Fund Balance and other factors (-$450,000) · Property tax assessed values -increase $1,512,500 offsets some decreased revenues PERS increases (+$340,000; increasing 5% of employee salaries/yr, underfimded $24 million) State increases in education Eroding call for borough matches (+$1,320,000) Increase in wages via Consumer Price Index increases and wage increases (+$230,000) · Increased utility expense (t 7%) Increased health insurance (+$233,000) New Seward Middle school debt service (+$352,000) Solid Waste postclosure and operating costs (+$457,000) · Solid Waste debt service (+$830,000) Need tax package ($.7-$1 million) and school financial system packages (+$1 million) What the Mayor is doing now (shared with his-permission) Policy of 0% budget increases in spite of employee contract increases Cutting full time and temporary positions (currently looking at 6-7 FT positions to cut this year, and also a couple of summer temporary positions) Considering capping the land trust fund at $2.5 million (would free $1.3 million balance) Looking at removing or changing sales tax exemptions · LDo ~king at 'removing or changing 'property tax exemptions ($300,000 cap on senior exemption?) Looking at increasing sales tax cap $500 to $1000 (would raise about $1.5 million) · Looking at seasonal sales tax (1%, 3%, 3%, 1% would raise about $1.5 million) Looking at sales tax (+1% would raise about $7.5 million) timing is important · Looking at mill rate 'increase (1 mill would -raise about $4.4 million; 2000 was 8mills, now 6.5milts) Looking at bed tax ($1.Bmillion); also per day per seat sales tax (would raise $200,000 bore and cities) This summary reflects my current understanding as of 2.20.05. It does not represent the perspective of other KPB assembly members or the mayor or the mayor's administration. Nor has this document yet been reviewed by the Assembly or administration, chay~alaska.com www. kenai-peninsula.org Pension System Analysis Sheet 2.20.05 By Dan Chay Retirement Issues · The Public Employees Retiremem System (PERS, beginning 1961) and the Teachers Retirement System (TRS, beginning 1955) were created ~ing the defined be#e~tt model of pension systems common in industry after World War II. PERS/TRS is run by the Alaska State Pension Investment Board (http://www.revenue.state.ak.us/tr~/aspib/index.htm). * The benefit is based on a formula and is paid for the life of the member after retirement ~ PERS/TRS include some health benefits · Future benefit payments are NOT affected by plan funding methods or funding level of the plan, market gains or losses, or expenses. * The plan can change benefits for new emering members hired after the change, but the plan CANNOT retroactively reduce benefits for members hired prior to the date of the plan benefit change. * Over the last 15 years business has switched fi'om using predominately defined benefit pension plans ~ predominatety defined conOibution, models. In a defined contribution plan, the. beneficiary receives benefits in proportion to his or her investments and the return on investments. The benefit is the amount of money in the account at retirement or termination- no more and no less. Significance of Defined Benefit · In a defined benefit plan (like PERS/TRS), the sum of aH the benefits owed determines the system liability. The defined benefit plan creates a promise to pay. · For example, with a $40,000 salary over 20 years, the normal retirement benefit for a police officer would be about $I 7,000 per year for life. Based on recem actuarial assumptions, the plan must accumulate about $210,000 over the 20-year career to pay that benefit (including the health care fraction, which may be about. 35%) over time. Once the employee is retired, the plan can no longer charge the employee for unexpected increases such as health care increases, longer than expected life span, poor investment returns, legislated increases, etc.. · Since the fund cannot get further contributions from the employee, it must obtain additional funding from former employer& · Actuarial valuations (by paid experts) are used to make more than 20 assumptions about mortality, interest rates, post-retirement pension adj~tents, inflation, rates of retirement, cost of living allowances, investment returns, etc. These actuarial valuations are revised annually and then used to estimate the total liability of the system. 2004 Rate Increases The PERS board sets the employer contribution rate after considering actuarial assumptions. The c._._~_nge in. actual employer contributions by regulation can. be no more than 5°,4 in. one year. From July 2000 to June 2002, PERS/TRS had investment losses equal to about 8 years of employer and employee comri~ions. The actuarial as~tion for inve~em earnings is 8.25% ~ . If thc PERS/TRS board lowered their investment return assumption, crnploycr contribution rates would go up. If they raise it, they're more likely to fall short, and have to make it up lat .er. Health care costs also have been skyrocketing. In 2004, the board changed their health care assumptions, raising the actuarial valuation to around 12% increase per year. . Using current actuarial assumptions, the entire retirement system is underfimded by about $5 billion. * This year' s KPB contribution rote increase will go from 12.81% to 17.81%. Due to ASPIB's losses and changes in actuarial assumptions, KPB now is only funded at 72% of required levels. Its contribution rate will be going up to at least 26% at 5% annual increments. ':ihis summary reflects my current understanding as of 2.20.05. Read about the Pension system at x~ux~ r~,a~.m~ ~tntp. nk ~m/trp, n~wv/n~nih/inclp.~ btm Oil & Gas Analysis Sheet 2.20.05 ay Dan Chay Oil & Gas On a global and. national basis we are moving into-a new era. We are moving from an era starting back in 1859 when oil was first produced in Pennsylvania of always increasing abundance of high quality primary energy sources (from coal to coal, oil and natural gas) into an era that will be characterized by steadily increasing ~amity and competition for our highest quality primary energy sources (oil & natural gas) abroad, and infrastructure bottlenecks at home. U.S. oil production, peaked in 1971. Since then, oil production has cominued to decline. (EIA) Cook Inlet oil production peaked in 1971. Since then Cook Inlet oil production has continued to decline. Current production is aborn 12% of peak (1971 = 82mb/yr; 2003 = 10mb/yr).(DNR) Alaska oil production peaked in 1987. Since then Alaska oil production has continued to decline. Currem production is less than half of peak (1987= 2mb/day, 2003 - 950,000 mb/day).(DNR) Within the oil and gas industry many prominent experts are warning that global oil production could be peaking now (Simmons, Deffeyes), or will be peaking very soon (Campbell, Lahmxere, Wood-McKenzie, Simmons, Deffeyes, Ivanhoe, Bartlett, Goldstein, etc.).. Within the oil & gas industry prominent experts also are warning that North American natural gas production is peaking or on the verge of peaking (see above). Cook Inlet gross natural gas production peaked in 1994 (we injected 97bcf of that) (DNR 2004). In general, natural gas production decline curves (up to 28% /year) are more steep and sudden than conventional oil production decline curves (3%-14%/year). Depending on rotes of oil and gas production declines, intensity of competition for remaining stranded resources abroad, and limits to our ability to make transition to substitutes, undersupply of oil and gas could significantly destabilize our rapidly growing global economy. Alaska and Cook Inlet DNR forecasts Cook Inlet natural gas production to drop to less than half current levels (8yr average = 215bcf/year) within 8 years. A Department of Energy (DOE, May 2005) study's base case scenario suggests that witho .ut significant discoveries and assuming Agrium closes in 2005 and assuming Phillips-Conoco closes, early in 2009, southcentral Alaska will have natural gas shortfalls for home heating and utilities by 2012. These shortfalls could affect the Kenai, Anchorage, and Mat-su communities. The DOE study speculates that "a minimum of $5 billion" corporate investmem might find 8 trillion cubic feet (tcf) of natural gas in the Cook Inlet basin if onshore, which would almost double the estimated ultimate recovery of natural gas fields thus far discovered (8.5 tcf). Alaska owns ~12.5% of the natural gas being injected into North Slope fields (~3tcf:/yr!) where natural gas reserve e~imates range from 70-200 trillion cubic feet, i.e., much more than 8 tcf. A bullet pipeline (.5-1 bcf/d) t~om the North Slope to Central Alaska might cost $1.0-$3.0 billion. Using North Slope gas, Alaskans could secure their heating/electricity needs for generations. Oil and gas corporations have no bottom-line incentive to build a bullet pipeline, and many corporations, large and small, have significam reasons to prevent or delay the possibility of a bullet pipeline. They also have significant reasons to oppose an Alaska-owned pipeline and/or the Tesoro model of Alaskan investment in Alaska's resources. This summary reflects my current understanding as of 2.20.05. It does not represent the perspective of other KPB assembly members or the mayor or the mayor's administration. Nor has this document yet been reviewed by the Assembly or administration, chay~alaska.com www. kenai-peninsula.org www. alternative-energy.ws Suggested oy: CITY OF KENAI ORDINANCE NO. 2081-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A NEW ZONE IN THE KENAI ZONING CODE AT KMC 14.20.120 ENTITLED THE LIMITED COMMERCIAL ZONE (LCZ) AND AMENDING THE LAND USE TABLE FOR ALL ZONES IN KMC 14.22.010 BY ADDING TWO NEW LAND USES AND AMENDING THREE OTHERS. WHEREAS, the City of Kenai Zoning Code does not have a zone encompassing a transitional area between commercial and residential areas; and, WHEREAS, it is desirable to have such a zone that would allow low to medium volume business, mixed residential and other compatible uses that would complement and not materially detract from the uses allowed in adjacent zoning districts; and, WHEREAS, such a zone would be called the Limited Commercial Zone (LC); and, WHEREAS, it is in the best interest of the City of Kenai to establish a Limited Commercial Zone (KMC 14.20.120) in the Kenai Zoning Code; and, WHEREAS, currently there is no land use listing for "gunsmithing, printing, taxidermy" or "personal services" in the Land Use Table; and, WHEREAS, adding those land uses to the Land Use Table aid in determining what businesses are allowed in the various zones within the City; and, WHEREAS, amending the land use categories of "crematories" to "crematories/funeral homes," "fraternal organizations" to "fraternal organizations/private clubs/social halls & union halls," and "retail/wholesale business" to separate categories of "retail business" and "wholesale business" would aid in better determining which uses are allowed in the various zones within the City. WHEREAS, it is in the best interest of the City of Kenai to amend the Land Use Table as described above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: SECTION I. KMC 14.20.120--Limited Commercial Zone (LCZ) is enacted as set forth in Attachment A. Ordinance No. 2081-2005 Page 2 of 2 SECTION II. The Land Use Table KMC 14.22.010 is amended by adding four new land use categories and amending two others that are applicable to all zones and to add a Limited Commercial Zone as shown in Attachment B. S~'-CTION III. The Developments Requirements Table in KMC 14.24.010 is amended to include the Limited Commercial Zone as shown in Attachment C. SECTION IV. KMC 14.20.220--Kenai Sign Code is amended to add a new section pertaining to the Limited Commercial Zone as shown in Attachment D, and amending the Sign Code Table to include LCZ zoning district sign uses as shown in Attachment E. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of March, 2005. Al'TEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: February 16, 2005 March 2, 2005 April 2, 2005 sp) KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-08 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 BE AMENDED TO ESTABLISH A LIMITED COMMERCIAL ZONE AND CHANGING SEVERAL SECTIONS OF THE KENAI MUNICIPAL CODE TO INCLUDE THE NEW LIMITED COMMERCIAL ZONE. WHEREAS, the City of Kenai Zoning Code does not have a zone encompassing a transitional area between commercial and residential areas; and WHEREAS. it is desirable to have such a zone that would allow low to medium volume business, mixed residential and other compatible uses that would complement and not materially detract from the uses allowed in adjacent zoning districts; and WHEREAS, such a zone would be called the Limited Commercial Zone (LC); and WHEREAS, it is in the best interest of the City of Kenai to establish a Limited Commercial Zone (KMC 14.20.120) in the Kenai Zoning Code. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that the Kenai Municipal Code be amended as shown on Attachments A through E. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this ~ day of')x i'- c ,4,: ~'.y' _, 2005. CHAIRMAN"' c.-"/ ATTEST: 14.20.120 - Limited Commercial Zone (LC Zone) (a) Intent: The LC Zone is established to provide transition areas between commercial and residential districts by allowing Iow to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. (b) Principal Permitted Uses: As allowed in Land Use Table as long as the footprint of the building does not exceed 2500 square feet. (c) Conditional Uses' As allowed in Land Use Table. (d) Accessory Uses: As defined (see definitions section). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirement: As described in this chapter. (g) Parking Requirements: As required by this chapter. (h) Outside storage is allowed for display purposes only unless the storage is in an area enclosed by a sight-obscuring fence. (i) Landscaping: a. Intent- To provide for orderly and safe development and to provide attractive and functional separation and screening between uses. b. Landscaping/Site Plans- AS required in KMC 14.25.030. c. Application - Shall apply to all development of twenty thousand dollars ($20,000) or more and shall a~'~,., to both landscaping and site plans. "All development" shall be ._...,~ned as any improvements requiring a building permit for new cons::uct;.'-n or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage. It also applies to change of use from residential to commercial use. Pre-existing residential uses shall be exempt from this requirement. d. Landscaping/site plan - Submittal of a preliminary landscaping/site plan and approval by the Administrative Official is required prior to any land clearing and/or tree cutting. e. Landscaping Plan - Performance Criteria. i. Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-way, and parking lot landscaping should be included as components of the overall landscaping plan. ii. Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Landscaping adjacent to residential districts Attachment A Limited Commercial Zone Landscape/Site Plan - Draft Page 2 III. iv. Vi shall have landscaping beds which meet all of the following minimum standards: 1. Landscaping beds- Minimum of 10 feet in width along all property lines, which adjoin residential district, exclusive of driveways and other ingress and egress openings. A 6-feet high wood fence or masonry wall may be used in place of 5 feet of the required bed width. 2. Ground cover- 100 percent within 3 years of planting and continuous maintenance so there will be no exposed soil. 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. Interior Landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. Street right-of-way landscaping softens the impact of land uses along street rights-of-way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of-way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. 1. Landscaping beds- Minimum of 10 feet in width along the entire length of the property lines which adjoin street rights-of-way, exclusive of driveways and other ingress and egress openings; 2. Ground cover- 100 percent ground cover of the landscaping bed within 3 years of planning and continuous maintenance so there will be no exposed soil; 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the Limited Commercial Zone Landscape/Site Plan - Draft Page 3 purpose of improving vehicular and pedestrian circulation patterns. vi. Review. The Administrative Official may reconsider plans for amendments after they have been approved if problems arise in carrying out the landscaping/site plan as originally approved. f. Site Plan. Performance criteria. i. Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered in the site plan. ii. Buildings. The use is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. iii. Special Permits. The site plan shall list any special permits or approvals, which may be required for completion of the project. iv. Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1. Paving is required when "commercial development" of fifty thousand dollars ($50,000)or more requiring a building permit for new construction or any improvements which adds square footage. v. Snow Storage/Removal and Drainage. Snow storage/removal and drainage must be identified on the site plan and shall be compatible with the surrounding area. vi. Dumpters. Dumpsters must be screened with a sight- obscuring structure made of wood or concrete. Others construction materials may be approved by the Administrative Official. g. Approval. As required in KMC 14.25.050. h. Completion- Landscaping Plan. As required in KMC 14.25.060. i. Completion-Site Plan. As required in KMC 14.25.065. i. The Building Official may issue a temporary certificate of occupancy not to exceed 2 years to complete the required Parking lot paving. j. Modifications. As required in KMC 14.25.070. k. Expiration. As required in KMC 14.25.080. I. Penalties. As required in KMC 14.25.090. m. Definition - Landscaping. As defined in KMC 14.25.100. I,U 0 ~3 o I&i I.U Z II II II II ',,, n ~ ~z Footnotes: (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major 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, off-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; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as pan of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no pan of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met' (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. Attachment B (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18) Conditional Use allowed only on privately held property. Not allowed on government lands. (19) Allowed as a conditional use provided that ingress and egress from the property is fi'om the Kenai Spur Highway. (20) The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. (Ord. 2053-2004) (21) Setbacks for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. (22) Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. (23) Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. (24) Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a girl shop or coffee shop within another business). (25) Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fitness centers, photo~aphic studios, tailors, tan. ning salons and massage therapists. Attachment B General Requirements. DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICT IL/IH/CC/ USES C/RR RR1 RS RSI RS2 RU/TSH CG R ED LC I II 90 MINIMUM LOT Width (feet) 90 90 60 60 60 60 90 90 MINIMUM LOT Size (feet) ,, Front ~ 25 25 25 25 25 10 25 25 25 Side z See individual One-Story 3 15 5 5 5 5 5 sections of 15 15 15 Day-light Basement/Split Level 3 15 10 10 10 10 5 Code for 15 15 15 Two-Story 3 15 15 15 15 15 5 4 requirements 15 15 15 Rear 20 20 20 20 20 10 4 20 20 20 Maximum Lot Coverage 30% 30% 30% 30% 30% 40% 30% 30% 30% Maximum Height (feet) 35 35 35 35 35 35 Footnotes: (l) (2) (3) (4) Provided that the minimum front setback is measured from any right-of-way or access easement. Side setbacks are determined independently from the front view of the structure. Plat plan/As-built will distinguish single and two-story portions of building to verify setback distances are met. Story is the portion of the building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one-story is considered a one-story structure in its entirety. Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface e of the ground between the building and a line five (5) feet from the building. Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. Attachment C Minimum lot area requirements. KEY: N=Not allowed DEVELOPMENT REQUIREMENTS TABLE USES MINIMUM LOT AREA C/RR RS Zonin Districts RU/TSH IL/IH/CC/CG LC Single/Two/Three Family 20,000 7,200 7,200 See individual sections of Code for ~uirements Four FamiJ 20,000 9,600 7,200 Five Famil, 22,400 12,000 7,200 Six Seven or More Family 24,800 14,400 27,200 + 16,800 + 2,400 for 2,400 for each unit each unit over 7 over 7 7,200 7,200 Footnotes: (1) (2) (3) Listed square footages are the minimum required for each zone. Greater lot square footages may be required to satisfy Alaska Department of Environmental Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary. Minimum lot size for non-residential uses in ED zone is 40,000 square feet. Attachment C Limited Commercial Zone. Signs are allowed as follows: (1) Allowed Signs Not Rec~uirin~ a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty-two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right-of-way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants-to-be may be erected on the construction site. Each sign shall be thirty-two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants-to-be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty-two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. Attachment D (L) Real estate signs of thirty-two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2)Allowed Si_tins Requirin~ a Permit (A) One (1) freestanding or marquee-per lot of not more than sixty-four (64) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C)Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty-two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D)A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty-two (32) square feet. Any illumination shall be by indirect means. {3) Prohibited Signs. (A) Audio signs. - (B) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right-of-way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than twenty feet (20') above the adjacent ground or pavement level. (F) Signs containing profane or indecent words or illustrations. (G)Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed to primarily to display said sign. This does not apply to signs or Attachment D lettering on buses, taxis, or vehicles operated in the normal course of business. (I) Flashing or intermittent illumination are not permitted. (J) Balloons or other inflatable or gas-filled figures or signs. (K) Signs not mentioned in the code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (M)No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right- of-way lines. (N) No off-premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (O)Portable signs. Attachment D ~'LU 0 Z II Z ¢~1 I.i.I 0 Z II Z 0 Z II Z © o"~ LU 0 Z II Z 0 Z II Z ~U ~'II'I'U'I'~ Suggested by: Council CITY OF KENAI ORDINANCE NO. 2081-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN~, ALASKA, ESTABLISHING A NEW ZONE IN THE KENAI ZONING CODE AT KMC 14.20.120 ENTITLED THE LIMITED COMMERCIAL ZONE {LCZ), AMENDING THE LAND USE TABLE FOR ALL ZONES IN KMC 14.22.010 BY ADDING TWO NEW LAND USES AND AMENDING THREE OTHERS AND CLARIFYING THE DEVELOPMENT REQUIREMENTS TABLE. WHEREAS, the City of Kenai Zoning Code does not have a zone encompassing a transitional area between commercial and residential areas; and, WHEREAS, it is desirable to have such a zone that would allow low to medium volume business, mixed residential and other compatible uses that would complement and not materially detract from the uses allowed in adjacent zoning districts; and, WHEREAS, such a zone would be called the Limited Commercial Zone (LC); and, WHEREAS, it is in the best interest of the City of Kenai to establish a Limited Commercial Zone (KMC 14.20.120) in the Kenai Zoning Code; and, WHEREAS, currently there is no land use listing for "gunsmithing, printing, taxidermy" or "personal services" in the Land Use Table; and, WHEREAS, adding those land uses to the Land Use Table aid in determining what businesses are allowed in the various zones within the City; and, WHEREAS mending the land use categories of" ' " ' crematones to "crematories/funeral homes," "fraternal organizations" to "fraternal organizations/private clubs / social halls & union halls," and "retail/wholesale business" to separate categories of "retail business" and "wholesale business" would aid in better determining which uses are allowed in the various zones within the City. WHEREAS, it is in the best interest of the City of Kenai to amend the Land Use Table as described above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI ALASKA that: ' SECTION I. KMC 14.20.120--Limited Commercial Zone (LCZ) is enacted as set forth in Attachment A. Substitute Ordinance No. 2081-2005 Page 2 of 2 SECTION II. The Land Use Table KMC 14.22.010 is amended by adding four new land use categories and amending two others that are applicable to all zones and to add a Limited Commercial Zone as shown in Attachment B. SECTION III. The Developments Requirements Table in KMC 14.24.010 is amended to clarify the minimum lot area in all zones and to include the Limited Commercial Zone as shown in Attachment C. SECTION IV. KMC 14.20.220--Kenai Sign Code is amended to add a new section pertaining to the Limited Commercial Zone as shown in Attachment D, and amending the Sign Code Table to include LCZ zoning district sign uses as shown in Attachment E. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of March, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: February 16, 2005 March 2, 2005 April 2, 2005 14.20.120 - Limited Commercial Zone (LC Zone) (a) Intent: The LC Zone is established to provide transition areas between commercial and residential districts by allowing Iow to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. (b) Principal Permitted Uses' As allowed in Land Use Table as long as the footprint of the building does not exceed 2500 square feet. (c) Conditional Uses' As allowed in Land Use Table. (d) Accessory Uses' As defined (see definitions section). (e) Home Occupations. Uses as allowed by this chapter. (f) Development Requirement: As described in this chapter. (g) Parking Requirements: As required by this chapter. (h) Outside storage is allowed for display purposes only unless the storage is in an area enclosed by a sight-obscuring fence. (i) Landscaping- a. Intent- To provide for orderly and safe development and to provide attractive and functional separation and screening between uses. b. Landscaping/Site Plans- As required in KMC 14.25.030. c. Application - Shall apply to all development of twenty thousand dollars ($20,000) or more and shall apply to both landscaping and site plans. "All development" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage. It also applies to change of use from residential to commercial use. Pre-existing residential uses shall be exempt from this requirement. d. Landscaping/site plan- Submittal of a preliminary landscaping/site plan and approval by the Administrative Official is required prior to any land clearing and/or tree cutting. e. Landscaping Plan - Performance Criteria. i. Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-way, and parking lot landscaping should be included as components of the. overall landscaping plan. ii. Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Landscaping adjacent to residential districts Attachment A Limited Commercial Zone Landscape/Site Plan - Draft Page 2 iii. iv. Vi shall have landscaping beds which meet all of the following minimum standards: 1. Landscaping beds- Minimum of 10 feet in width along all property lines, which adjoin residential district, exclusive of driveways and other ingress and egress openings. A 6-feet high wood fence or masonry wall may be used in place of 5 feet of the required bed width. 2. Ground cover- 100 percent within 3 years of planting and continuous maintenance so there will be no exposed soil. 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. Interior Landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or wsual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. Landscaping may include landscaping beds, tree's, and shrubs. Street right-of-way landscaping softens the impact of uses along street rights-of-way, but does not obscure: ~ uses from sight. LandscaPing beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of-way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. 1. Landscaping beds- Minimum of 10 feet in width along the entire length of the property lines which adjoin street rights-of-way, exclusive of driveways and other ingress and egress openings; 2. Ground cover- 100 percent ground cover of the landscaping bed within 3 years of planning and continuous maintenance so there will be no exposed soil; 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the Limited Commercial Zone Landscape/Site Plan - Draft Page 3 purpose of improving vehicular and pedestrian circulation patterns. vi. Review. The Administrative Official may reconsider plans for amendments after they have been approved if problems arise in carrying out the landscaping/site plan as originally approved. f. Site Plan. Performance criteria. i. Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered in the site plan. ii. Buildings. The use is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. iii. Special Permits. The site plan shall list any special permits or approvals, which may be required for completion of the project. iv. Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1. Paving is required when "commercial development" of fifty thousand dollars ($50,000) or more requiring .a building permit for new construction or any ~mprovements which adds square footage. v. Snow Storage/Removal and Drainage. Snow storage/removal and drainage must be identified on the site plan and shall be compatible with the surrounding area. vi. Dumpters. Dumpsters must be screened with a sight- obscuring structure made of wood or concrete. Others construction materials may be approved by the Administrative Official. g. Approval. As required in KMC 14.25.050. h. Completion- Landscaping Plan. As required in KMC 14.25.060. i. Completion- Site Plan. As required in KMC 14.25.065. i. The Building Official may issue a temporary certificate of occupancy not to exceed 2 years to complete the required parking lot paving. j. Modifications. As required in KMC 14.25.070. k. Expiration. As required in KMC 14.25.080. I. Penalties. As required in KMC 14.25.090. m. Definition - Landscaping. As defined in KMC 14.25.100. LU .......... · :-:.:.:.:.:.:.:.:- ~ ~ ~ ~ ~ ~ ~ z ~ -:':' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~1 ~1 ..... .... .......... , ....... ....... .... ................. , .... .... · ...-.....- ..-...., ,......., ............ .......... , ............... ........... . . .......... .......... · ..... I'.'.-.'.-.-'.'.'.' ~ . .-... ~................. . . ,.......... · ..... . ...'. ,................- ....... ::::::::::::'::::: ~ ..... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~1 ~1 .... .......... ........... .......... ....... ...... .......... ..... .... ..............~.. . . . ~ .. · . .. ,...,... ~ .... .....-. · ..........,-.....-, ,.....-. ............... .......... .... ............ ,................ ..... ........... '..2.~.~.2.2 ~.~.2 2 ...... ............. ............ ............. ............ '.'.'.'.'.~ 2.'.'.' ~ .... .:.:.:.:.:.::.:.:.:= = ~ = = UJ il ii ii II o wJ Footnotes: (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major 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, off-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; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See" ,, Townhouses section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) A. 11ow.ed as a conditional use, provided that the proposed location and the ' · !h~.e s.~!.e w~ll not destroy the residential character of the neighborhood, charactenstms of (~) Allowed as a conditional use, provided that all applicable safet and fire re (10) Provided that n ~- ~,~ .... ~...:~.,:__ ;_, ..... Y gulations are met. street or property lin; t-,-,, ,,-,,,,o, ou,umg ~s ~ocatea nearer man thirty (30) feet to any adjo~mng (11) Allowed as a conditional use, provided that no pan of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. Attachment B (15) Allowed, provided that the following conditions are met' (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18) Conditional Use allowed only on privately held property. Not allowed on government lands. (19) Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway. (20) The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. (Ord. 2053-2004) (21) Setbacks for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. (22) Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. (23) Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. . (24) Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a gift shop or coffee shop within another business). (25) Art studios, barbers, beauticians, dressmakers, dry_ cleaners and self-service laundries, fitness centers, photo~aphic studios, tailors, tanning salons and massage therapists. Attachment B · General Requirements. DEVELOPMENT REQUIREMENTS TABLE USES ZONING DISTRICT IL/IH/CC/ C/RR RR1 RSI RU/TSH CG LOT Width MINIMUM LOT Size Front ~ Side z One-Story 3 Day-light Basement/Split Level 3 Two-S1 90 90 60 Rear Maximum Lot Covera. g_~_~ Footnotes: (1) (2) (3) 60 25 25 25 10 See individu~ 15 5 5 5 sections of 15 10 10 5 Code for 15 15 15 5 4 requirements (4) 30% 3O% 30% 35 35 35 40% Provided that the minimum front setback is measured from any right-of-way or access easement. Side setbacks are determined independently from the front view of the structure. Plat plan/As-built will distinguish single and two-story portions of building to verify setback distances are met. Story is the portion of the building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access froTM grade level without a lower story. A structure having a lower story situated below a one-story is considered a one-story structure in its entirety. Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface e of the ground between the building and a line five (5) feet from the building. Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. Attachment C Minimum lot area requirements. KEY' N=Not allowed DEVELOPMENT REQUIREMENTS TABLE USES MINIMUM LOT AREA C/RR Zonin Districts RU/TSH IL/IH/CC/CG See individual Sections of Code LC 32,500 Single/Two/Three Familv Dwellin~ Four Family Dwellin 20,000 7,200 7,200 20,000 9,600 7,200 Five Famil' 22,400 12,000 7,200 Six Famil' 24,800 14,400 7,200 27,200 + 16,800 + 2,400 for 2,400 for Seven or More Family each unit each umt ~ over 7 over 7 7,200 Footnotes: (1) (2) (3) Listed square footages are the minimum required for each zone. Greater lot square footages may be required to satisfy Alaska Department of Environmental Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary. Minimum lot size for non-residential uses in ED zone is 40,000 square feet. 12,500.. 12,500. 12,500 Attachment C (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty-two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such !!ems as "yard sale," "garage sale," "property for sale," "open house," or lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right-of-way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants-to-be may be erected on the construction site. Each sign shall be thirty-two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants-to-be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty-two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. Attachment D (L) Real estate signs of thirty-two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Si_tins Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than sixty-four (64) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty-two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D)A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty-two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right-of-way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than twenty feet (20') above the adjacent ground or pavement level. (F) Signs containing profane or indecent words or illustrations. (G)$igns containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed to primarily to display said sign. This does not apply to signs or Attachment D lettering on buses, taxis, or vehicles operated in the normal course of business. (I) Flashing or intermittent illumination are not permitted. (J) Balloons or other inflatable or gas-filled figures or signs. (K) Signs not mentioned in the code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (M)No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right- of-way lines. (N) No off-premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (O) Portable signs. Attachment D 0 Z II Z 0 Z II Z Q. II Q. O,ILU 0 II O- Z II Z 0 Z II Z 0 Z II Z Suggested by: Cou'_ ....... ,~,~,~ CITY OF KENAI ORDINANCE NO. 2082-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.290 TO REQUIRE NOTICES OF BOARD OF ADJUSTMENT HEARINGS BE SENT BY CERTIFIED MAIL TO THE APPELLANT AND ANY APPLICANT FOR A PERMIT BEING APPEALED FROM AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING; ALLOWING THE BOARD OF ADJUSTMENT FOR GOOD CAUSE TO SET THE PUBLIC HEARING DATE UP TO SIXTY (60) DAYS AFTER THE FILING OF THE APPEAL; AND UPDATING AND CLARIFYING OTHER PORTIONS OF THE APPEAL PROCESS. WHEREAS, currently under KMC 14.20.290, notices of a public hearing are sent by regular marl at least ten (10} days prior to the public hearing; and, WHEREAS, notices to the appellant and any applicant for a permit being appealed from should be sent by certified mail so the City can confrrm when such notices were delivered; and, WHEREAS, such notices should be mailed fifteen (15) days in advance instead of the current ten (10) days; and, WHEREAS, while the code now requires the public hearing to be held within thirty (30) days, circumstances can arise where it is impractical for the hearing to be held in that time period. Therefore, the Board of Adjustment should be able to schedule the hearing up to sixty (60) days from the date of the appeal for good cause; and, WHEREAS, other sections of KMC 14.20.290 should be updated and clarified. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.290 is amended as follows' 14.20.290 Appeals--Board of adjustment (a) Appeals from decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within fifteen (15) days of the decision. The appeal r}otice shall be in writing and must contain: 1) the name and ..address of the appellant; 2) a description of the action or ..determination from which the appeal is sought; and 3) the reason for the appeal, which must include a description of harm to the appellant. Any personis) a~.m'ieved by a decision of the administrative official' or Comm_issiol~ may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. Ordinance No. 2082-2005 Page 2 of 3 (b) Procedure' (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals with thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). For good cause~ the Board of Adiustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all interested parties and to all property owners within three hundred (300) feet of the property involved at least [TEN 10] fifteen {15) days prior to the hearing. Notices to the appellant and/or applicant for the action or determination must be sent by certified mail, return receipt requested. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above-mentioned powers, the Board of Adjustment may reverse, remand or affirm, wholly or partly, or may modify the order, requirement, decision or determination, as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All hearin_~s [MEETINGS] of the Board shall be open to the public. [AND] The Board shall issue a written opinion, stating [KEEP MINUTES OF ITS PROCEED- INGS SHOWING] its decision, the reasons for its decision, and the vote of each member upon each question. The Board of Adiustment may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and may be in consultation with the City Attorney. An electronic recording shall be made of the hearings and shall be reduced to written minutes and, if needed, a verbatim transcri~)t, Said minutes and verbatim transcript, shall _ be made a public record. Copies of the decision shall be promptly posted on the City's official web site and mai'led to all parties participating in the appeal. Ordinance No. 2082-2005 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, this second day of March, 2005. ' ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: February 16, 2005 March 2, 2005 April 2, 2005 (2/7/05 sp) KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us MEMORANDUM TO:,~/ Mayor Porter and Councilors FROM' ~/5,° Cary R. Graves, City Attorney DATE' March 1, 2005 RE' Substitute Ordinance No. 2081-2005 A question came up regarding the changes in the substitute ordinance for the Limited Commercial Zone. The changes in the substitute concern a clarification of the Development Requirements Table and do not change the way things are currently done. The phrase "and clarifying the development requirements table" was added to the end of the heading of the ordinance. The other changes are in Attachment C (Development Requirements Table). The slot labeled Minimum Lot Area was previously blank. Below that are several slots listing the minimum lot size for various buildings. The addition was made to clarify the minimum lot size per zone regardless of what type of structure is being built. The intent is to clarify the chart, not change the minimum lot area for any zone or structure. The clarification was requested by the Planning and Zoning Department. Please let me know if you have any questions. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 FAX: 907-283-3014 KENAI,'ALASKA MO: TO' FROM: Cary Graves, City Attorney,, 1 Marilyn Kebschull, Planning Administrato DATE: March 2, 2005 SUBJECT: Ordinance No. 2081-2005- Limited Commercial Zone While reviewing Substitute Ordinance No. 2081-2005, I noted an error in the sign code (Attachment D, Page 2). During the work session on January 1 2th, the Planning and Zoning Commission changed the size for the freestanding sign from 64 square feet to 32 square feet. This correction was made on Attachment E but was missed on Attachment D. The correction should be noted so the information is the same and represents the Commission's recommendation. AGENDA , . o ITEM C: ITEM D: I__TEM E: I_~TEM F: o . , , Ordinance 2080-2005 __ Adopting KMC 23.40.010(b) to Create an Employee Classification for Employees Hired Under the "Mature Alaskans Seeking Skills Training" (MASST} Program. Resolution No. 2005-06 -_ Authorizing the City Manager to Enter Into a Bar/Lounge Concession Agreement for the Kenai Municipal Airport. *Liquor License Renewal-- Peninsula Moose Lodge #1942/Club *2005 Liquor License Continuance .. WITHDRAWAL OF PROTEST Amy & George Bowen d/b/a One Stop. -- SCHEDULED PUBLIC COMMENTS {10 minutes) James D. Hudson, CLMT-- Licensing of Massage Therapists Brenda Pilgrim-Ahlberg, Boys/l~ Girls Club -- Project Protect Gerald R. Brookman/Rtchard Hahn __ McNeil River State Game Sanctuary and Refuge/Hunting Closures UNSCHEDULED PUBLIC COMMENTS (3 minutes) ~RI~ ~PO~RT.S..O_F__KENAI CONVENTION & VISITO . BUREAU PUBLIC HEARINGS KENAI CITY COUNCIL- REGULAR MEETING FEBRUARY 1(5, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ITEM A: ~ C~ALL TO OI~~F 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items hsted 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: ITEM G: MINUTES o *Regular Meeting of February 2, 2005. ITEM H: o OLD BUSINESS Discussion-- Lawton Acres Update ITEM I: NEW BUSINESS o Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 , *Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone {LCZ} and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others. . *Ordinance No. 2082-2005 --Amending KMC 14.20.290 to Require Notices of Board of Adjustment Hearings be Sent by Certified Mail to the Appellant and Any Applicant for a Permit Being Appealed From at Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After the Filing of the Appeal; and, Updating and Clarifying Other Portions of the Appeal Process. , Approval -- Council on A~ing By-Law Amendment ITEM J- COMMISSION / COMMITTEE REPORTS o 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission 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 , City Manager Attorney City Clerk I.~TEM M,' _DISCUSSION 1. Citizens (five minutes) 2. Council _EXECUTIVE SESSION- None Scheduled I__TEM N: - _ADJO~~IVT KENAI CITY COUNCIL- REGULAR MEETING FEBRUARY 16, 2005 7:00 P KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Linda Swarner Blaine Gilman Joe Moore, Vice Mayor Cliff Massie James N. Butler, III Rick Ross Pat Porter, Mayor A quorum was present. A-3o AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: ITEM H- 1, Lawton Acres Update: · 2 / 15 / 05 M. Kebschull memorandum reviewing DOWL Engineers comments related to the proposed Lawton Acres development. · 2 / 15 / 05 T. Potter, DOWL Engineers memorandum commenting on the proposed Lawton Acres development. · Lawton Acres: Conceptual Planning drawing. SUBSTITUTE: ITEM I-2, Purchase Orders Exceeding $2,500 -- Adding $8,000 to existing purchase order to Jackson Enterprises for airport fuel. MOTION: Council Member Moore MOVED to amend the agenda with the additions to Item H-1, Lawton Acres Update and Substitute Item I-2 and to approve the amended agenda. Council Member Gilman SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 2 A-4o MOTION: CONSENT AGENDA Council Member Moore MOVED to approve the consent agenda as presented and Council Member Gilman SECONDED the motion There were no objections. SO ORDRRED. . ITEM R- B'-lo SCHEDULED PUBLIC COMMENTS James D. Hudson, CLMT-- Licensing of Massage Therapists Hudson noted, currently there is no licensing program for massage therapists in the State of Alaska, however the municipalities of Anchorage, Fairbanks and Valdez adopted city-wide codes. Hudson stated he would like the council to develop a code for licensing because the State has not. Additionally, those who would be licensed .... care givers would then be able to/'fie kisurance coverage forms for clients. Hudson a/so noted, the passage of an ordinance requiting set hours of training, etc. could disqualify some businesses and put them out of business; some states require certification; and, he has approached the Leg/slature to require cert/ficat/on but received no result. Mayor Porter thanked Hudson for br/nging the issue forward and added, the certification requirement may be something to consider for the future. B-2. Brenda Pilgr/m-Ahlberg, Boys/h Girls Club -- Project Protect P/lgr/m-Ahlberg reviewed informat/on included in the packet related to the "Project Protect" which was undertaken during the summer of 2004 and offered beach clean- up on both the north and south beaches; bufld/ng fences to protect the dunes, stack/ngwood, etc. She noted, there were 22 youngsters kivolved/n the program and no funds from the city were received to assist in the program. It was noted, the program, in effect, probably saved the city labor costs however and the fund/ng the city provides to the Boys & Gifts Club for the ALPAR program could not be used toward this project. Porter suggested the Club contact city adm/nistrat/on in regard to the possibility of future fund/ng for the program. B-3. Gerald R. Broolranan/Rtchard Hahn -- McNeil River State Game Sanctuary and Refuge/Hunting Closures R/chard Hahn, 1072 Ltnda Lane, $oldotna -_ Rev/ewed information kicluded in the packet and distributed a letter which was wr/tten to the Alaska Board of Game stat/ng KENAI CITY cOuNCIL MEETING FEBRUARY 16, 2005 PAGE 3 his objection to Proposals 137 and 129 which would open the Kamishak Special Use Area and the McNeil River Bear Sanctuary to brown bear hunting. Hahn noted, the City of Homer passed a resolution objecting to the proposals and he requested a similar resolution from the City of Kenai. Gerald Brookman, 715 Muir Avenue, Kenai -- Echoed Hahn's concerns. Porter explained, a resolution would not be possible to consider and meet the constraints of the Board's meeting schedule. She suggested council members may want to address the issue as individuals, however. ITEM C: UNSCHEDULED PUBLIC COMMENTS Synneia Hagen-Lillevik-- Lillevik, along with other Kenai Central High School {KCHS) representing the Cross-Country Ski Team, thanked the Council for the City's support in grooming cross-country ski trails on '-._-:e Golf Cour-~ property. Rocky Ward, 708 Magic Avenue, Kenai -- Ward, with members of the Kenai Central High School Senior Class, thanked the council for their continued support for the youth of the community and for the letter of support written to keep the KCHS graduation exercises held at the high school. ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS None. ITEM E: REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, KCVB Executive Director-- Reported the following: · She has held discussions with a printer related to development of visitor guides, tri-fold brochures, etc. for placement in various visitor information areas. · The 2005 "Native Art Now" art exhibit planning is progressing. ITEM F: PUBLIC HEARINGS F-X. Ordinance 2080-2005 -- Adopting KMC 23.40.010(b) to Create an Employee Classification for Employees Hired Under the "Mature Alaskans Seeking Skills Training" {MASST} Program. MOTION: Council member Swarner MOVED to adopt Ordinance 2080-2005 and Council Member Moore SECONDED the motion. KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 4 There were no public comments. Swarner urged council's passage of the ordinance as it is a program to provide employees to the city at no cost. Discussion followed in which Council Member Buffer stated concern the city may take on the program and then the state could choose not to fund it in the future, leaving the city with the cost. Swamer explained the program is federally funded through the state. Additionally, the employee W°uld be excluded from PERS and insurance benefits. City Manager Snow noted, administration had investigated the program, reviewed the guide received related to the program, City Attorney Graves developed the ordinance based on the information received, and, Finance Director Semmens had reviewed the information and ordinance and was comfortable with the program. VOTE: r Ye___~__s ________ Massie _______ Gfl~ Ye~ Buffer [Moore Yes --------------- MOTION PASSED UN~IMOUSLY. F-2o MOTION: Resolution No. 2005-06 __ Authorizing the City Manager to Enter Into a Bar/Lounge Concession Agreement for the Kenai Municipal Airport. Council Member Swarner MOVED for approval of Resolution No. 2005-06 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no objections. SO ORDERED. F-3. Liquor License Renewal -_ Peninsula Moose Lodge # 1942/Club Approved by consent agenda. F-4. 2005 Liquor License Continuance .. WITHDRAWAL OF PROTEb"T Amy & George Bowen d/b/a One Stop.-- Approved by consent agenda. ITEM G: ITEM H: _l!ilNtI?P_..~s Regular Meeting of February 2, 2005 -- Approved by consent agenda. _OLD KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 5 H-I. Discussion-- Lawton Acres Update City Manager Snow noted the introduction of Ordinance No. 2081-2005, the inclusion of a Limited Commercial Zone in the Kenai Municipal Code was approved by the consent agenda. Since then, the airport consultant forwarded a conceptual drawing of the proposed perception of how the Lawton Acres property could be developed if it is included in the Limited Commercial Zone. The drawing, consultant comments, and a memorandum from City Planner Kebschull were distributed and added to the agenda at the beginning of the meeting. Snow requested direction from council as to how to proceed. 'Discussion followed from which comments included: · Proceeding with the preliminary plat for Lawton Acres and the ordinance to add a limited commercial zone to the code were not dependent upon each other. · There will probably be amendments offered for consideration to th~. limited commercial zone, i.e. allowing larger buildings than 2,500 square feet, etc. · There is satisfaction with the work completed by the Planning & Zoning Commission. · More than one public hearing may be necessary because of the comments from previous proposals for development of this area. · The public hearings on the zone addition should be completed prior to giving plat instructions for the development of Lawton Acres. It is important the public sees the conceptual drawing of the proposed development as the zone amendments are proceeding and the drawing should be made a part of the documentation used for the zone discussions. Council consensus was to postpone any discussion on the development of Lawton Acres until after council's consideration of the limited commercial zone ordinance. BREAK TAKEN: 8:07 P.M. BACK TO ORDER: 8-15 P.M. ITEM I: NEW BUSINESS I-1o Bills to be Paid, Bills to be Ratified MOTION: Council Member Moore MOVED for approval of I-1 and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. I-2o Purchase Orders Exceeding $2,500 MOTION: KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 6 Council Member Moore MOVED to approve the Substitute 1-2, purchase orders exceeding $2,500 and Council Member Massie SECONDED the motion There were no objections. SO ORDERED. . Ordinance No. 2081-2005 -- Establishing a New Zone Ln the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone {LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others. Introduced by consent agenda. Ordinance No. 2082-2005 ._ Amending KMC 14.20.290 to Requ/re Notices of Board of Adjustment Hearings be Sent by Certified Mail to the Appellant and Any Applicant for a Permit Being Appea/ed From at Least Fifteen {15) Days Pr/or to the Heating; Allow/rig the Board of Adjustment for Good Cause to Set the Publ/c Hearing Date Up to Sixty {60) Days After the Filing of the Appeal; and, Updating and Clarify/ng Other Portions of the Appeal Process. Introduced by consent agenda. MOTION: Approval -- Counc/1 on Aging By-Law Amendment Council Member Gilman MOVED to approve the amendment to the Council on Aging By-Laws and Council Member Swarner SECONDED the motion. Gilman reported he had requested the change to the by-laws to hold the meetings at 7'00 p.m. instead of 10:00 a.m. Gilman requested council approval of the change VOTE: · es Massie es Buffer MOTION PASSED UN~IMOUSLY. ITEM J: J-1. Council on Aging -- Gilman rev/ewed the meeting summary for the February 3, 2005 meeting which was included in the packet He not report of James McConnell of the Paladin Grou--w~- ~: ...... ' ed, a ~' ~ ummoutea to council. The report KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 7 included three possible site locations for an assisted hying facihty. Identified as the first choice is property close to Lawton Drive/Swires Road which is owned by the Kenai Peninsula Borough. He noted, borough administration had been approached with regard to making the property available for this use, but were not in favor of using the property for that purpose. Gilman requested council's approval for him to approach the borough representatives and discuss the possibility of a land swap for the property. A brief discussion followed which included: · Whether the property was zoned appropriately for such a use. · Sensitivity should be given to this property's use as a tax base. Time is of the essence or the Senior Connection will lose the funding they currently have for planning the development. · City administration will investigate the zoning issue and continue researching the possibility of using property on Redoubt Avenue. The zoning information will be included in the March 2 packet. Council stated no objections to Council Member Gilman contacting representatives of the Borough to try and pursue the acquisition of the Lawton/Swires property as the Senior Connection's first choice for a site for an assisted living facility. J-2. Airport Commission -- Council Member Swarner reported the Commission met with the airport survey consultants on February 15. Swarner noted, a conceptual drawing was prepared by the consultant as a planning tool for the Lawton Acres property which was added to the packet at the beginning of the meeting. She added, she understood funding was available in the project balance for doing conceptual drawings of airport properties and suggested administration be directed to have drawings prepared for other airport properties. Moore suggested the planner be utilized for Millennium Square property as well. A brief discussion followed in which it was noted the signed contract indicated a scope of work for the consultant, their contract would not allow for them to make an extra trip to Kenai to discuss the KEDS report and plans for Millennium Square, etc., and the consultant will be meeting with KEDS later when working on the Airport Master Plan. Barry Eldrldge, KEDS, 2679 Bowpicker Lane, Kenai-- Indicated a member of the group had hired someone to prepare a conceptual drawing incorporating the ideas the group had perceived to be developed on the Millennium Square property. Council agreed back-up information of discussions, ideas, etc. for development of airport lands, including the KEDS information, be forwarded to the consultant and request they make some preliminary comments and ideas for use of the lands. Request the information be brought forward at their next work session with the Airport Commission scheduled for March 29. KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 8 J-3. Harbor Commission __ No report. J-4. Library Commission __ Council Member Gilman reported the meetin§ summary was included in the packet. J-5. Parks & Recreation Commission __ Council Member Moore reported the Commission met on February 3 at which time the members elected the chair and vice chair, heard a presentation by Jason Elson relatin§ to land his father, Jim Elson, wishes to donate to the city for use as a rest area (the property is located along Silver Salmon Drive and the Spur Highway); discussed the upgrades to be made to the multipurpose £acihty from Arctic Winter Games funding; and recommended no town clock be purchased at this time. Parks & Recreation Director Frates referred the council to Information Item No. 1 notification from the Alaska Division of Parks and Outdoor Recreation the City's ' application for funding the Section 36 property as soccer fields, etc. through the FY04 Land & Water Conservation Fund Grant Program was ranked as the No. 2 project in the state. Frates noted the funding amount indicated was $251,548. Moore added, the city would be required a match of approximately $200,000 which could include in- kind contribution, but not land donation. J-6. Planning ~ Zoning Commission __ Council Member Ross noted the minutes of the January 26 and February 9 meetings were included in the packet. Council Member Butler stated he hoped the earher request to consider developing licensing for massage therapists would not be dismissed. J-7. Miscellaneous Commissions and Committees J-Ta. Beautification Committee __ Swarner reported the meeting summary of the February 8 committee meeting was included in the packet. She noted, the summer's theme was decided as "Barrels of Blooms." J-Tb. Alaska Municipal League Report -- Swarner reported a teleconference was held by the Land Use and Economic Development Committee at which time the committee requested the Legislature to proceed slowly on the land bill giving land to the University. Their next meeting is scheduled for February 28. Swarner noted information received from the Alaska Municipal League (AML} regarding the senior citizen/disabled veteran property tax exemption which is included in legislation as a mandate to the s ' .... , tare .s mumclpahties, but has not been fun state. Council directed a letter oe written to Senat uz;,,~_ ,,_ _ ded by the or ,,,,~,cn mrou la g AML strongly suggesting the repealing of the legislation unless it is continually funded by the state. J-Tc. Arctic Winter Games -- Frates reported a meeting was held on February 9. The main discussion was the resignation of the general manager. He noted, KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 9 Borough Mayor Bagley will act as general manager until there is a new hire for the position. J-7d. Stranded Gas Committee -- Council Member Ross reported the next teleconference meeting would be held on March 2. Porter also noted Ross had been appointed as the city's representative to the Governor's Agr/um Closure Task Force. ITEM K: items' REPORT OF THE MAYOR -- Mayor Porter noted the following · She participated in the Chamber's Job Shadow Day. · She is working on the Emergency Operations Center issue with representatives from the Borough, as well as City Manager Snow, Fire Chief Walden and Police Chief Kopp. · She and Mayor Carey welcomed members of the Senate and House Resource Committees which met in Kenai recently. Porter requested to send thank you letters to the members who traveled to Kenai. Council had no objections. · She discussed sending letters to owners of vacant buildings with City Attorney Graves. A list of the owners is being developed and whether a tax exemption could be offered as an incentive to do something with the buildings is being investigated. Porter stated she will meet with building owners tc '~ ~--~,.-~ted solutions. · Requested permission from council to pursue partnerships with the public and buSinesses relating to funding the remaining costs involved with purchasing a town clock. She suggested the clock be placed at Memorial Park. A brief discussion followed in which comments included support of the purchase of a clock; concerns that budgetary constraints the city may be facing, it is not the appropriate time to consider purchasing a clock; council should have some consensus with the purchase before going forward, i.e. costs revolved, type of clock, etc.; and, a request was made for a verbatim of the Parks & Recreation Commission's discussion on the subject. Porter asked for a show of hands of whether she could move forward with the clock purchase. The show of hands indicated no. Noted an email was received from Borough Assembly Member Milli Martin thanking the airport security individuals who helped her free her vehicle from the snow. · Noted a letter from RurAL CAP included in the packet discussing their interest in a self-help housing development in Kenai. Porter requested council direct City Manager Snow to follow through with discussions. Council had no objections. Noted the Kenai Police Department would be the primary host to the 2005 Alaska Peace Officers Association statewide conference at Kenai Landing in the spring. · Noted the Hobby Stop has requested to hold radio-controlled races on the a portion of the old FAA field. ITEM L: ADMINISTRATION REPORTS KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 10 L-1. City Manager ._ City Manager Snow noted the following items: * The grant application ranking discussed earl/er in the meeting. * Received notification from the owners of Wings Family Diner requesting they be released from the portion of their lease for Space 21 area in the airport terminal. Snow stated administration would be working on an amendment to the lease with City Attorney Graves. A breakfast for employees is planned for February 24 and will include a slide show and door prizes. · No funding was included for a project in Kenai through the Corps of Engineers included in President Bush's. · The reports of the department heads were included in the packet. Ross noted, a work session on the proposed amendments to Title 17 was scheduled for 6:00 p.m. on March 2. He requested a comparison between Kenai and other communities related to fees and penalties be provided for review. A brief discussion followed related to the request to amend the airport restaurant lease. A request was made for administration to provide costs invested by the city to remodel Space 21 at the diner owners' request in order for them to provide espresso, etc. to travelers. Council had no objections. Porter requested council approve a door prize for the employee breakfast awarding a day-off-with_pay as has been done in past years for the employee appreciation dinner. MOTION: Council Member Swarner MOVED to continue with the process and requested UNANIMOUS CON$EN'I'. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. L-2. Attorney __ Attorney Graves noted he was researching whether a property tax exempt/on could be g/yen for refurbishment of vacant properties. He stated, he planned on plac/ng a memorandum in the next packet to this regard. L-3. City Clerk -- No report. ITEM M_-' - D~ISCUSSION M-1. Citizens _. None. M-2o Council Moore -_ Reported the street lights were out in Inlet Woods Subdivision. KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 11 Swarner -- · Reported she would not be attending the March 2 council meeting and urged passage of Ordinance No. 2082-2005 relating to certified mailings. Reported the City is considered a semi-finahst sponsor for the Caring for the Kenai program. It was noted, several of the city departments would provide items for prizes. Suggested a link be provided on the city webpage to information regarding the bluff erosion project. Swarner also asked the process for receiving proposals for updating/remodeling the webpage. Snow noted a price quote was received from the current assistance provider for inclusion in the draft budget. If funds are included in the final budget and council wants to request proposals, a proposal request could be advertised at that time. Moore stated he felt, since it is not a standardized service, it would be good to look at other proposals before committing to any one vendor. Massie -- No comments. Ross-- No comments. Gilman -- No comments. Butler -- * Stated he appreciated Assembly Member Martin's comments regarding snow removal. He noted, he has heard other positive comments of the city employees' efforts to clear snow from roads, sidewalks, parking lots, etc. · Urged the community attend the local presentation of "Brigadoon. EXECUTIVE SESSION- None Scheduled ITEM N' ADJOURNMENT The meeting adjourned at approximately 9'25 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX' 907-283-3014 KENAI. ALASKA MEMORANDUM To: Mayor Porter and City Councilors t: ,, From: Linda L. Snow, City Manager Date' February 24, 2005 RE: LWCF Grant Application- Soccer Fields The Land and Water Conservation Fund (LWCF) is a Federal Grant program administered by the National Park Service through the State of Alaska, Division of Parks & Outdoor Recreation. The Bureau of Outdoor Recreation (BOR) administered this program at one time, but later it was transitioned to become the National Park Service. The level of federal funding to Alaska for this program has varied greatly fi'om year to year throughout the last 20 years. The LWCF grant program can provide up to 50% matching Federal funds, less the state administrative fee, to state agencies and municipalities for the acquisition and development of outdoor recreation facilities. As you know, a preliminary LWCF grant application was submitted by the Parks & Recreation Department last November for the construction of four soccer fields in the area described as Section 36, Parcel #4301038. A site plan and total project cost' estimate, including the matching shares, is attached for your review, On February 10, 2005, we received notice that our application for a Federal share of $250,548 (with a local match share of an equal amount plus State admimstrative costs of $60,131) was ranked #2 in the State. A copy of this notice was provided as an information item in the council packet for your meeting of February 16th. As a result of our project ranking, the City is now eligible to submit a completed application by March 2 l~t. The final application must include a city council resolution authorizing the grant application and pledging commitment to the project in a number of ways as described in the draft resolution attached for your review. In addition to pledging local match funds, the LWCF requires the property acquired or developed with LWCF funds be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless as otherwise provided and agreed to by the City Council, the State Liaison Officer, and the National Park Service. According to the LWCF Information Booklet: "Any property acquired or developed with LWCF monies may not be wholly or partly converted to anything other than public outdoor recreation uses without the prior approval of the Secretary of the U.S. Department of the Interior and the Director of Alaska Division of Outdoor Recreation. Such approval will be given only if other property and facilities of at least equal fair market value and of reasonably equivalent usefulness, quality and location is substituted." As some of you know, the City of Kenai has successfully completed two such land exchange property conversions in the past. The first one of them took over a decade. Outdoor recreation restrictions were removed from the sewer treatment plant property and placed on property along Lawton Drive and a portion of the golf course. The restrictions were transferred to the golf course property. The most recent land exchange property conversion took about three years and was to release the outdoor recreational use restriction on the old FAA football field property in exchange for placing them on Birch Island property across Bridge Access Road. If Council so directs, the administration will proceed with preparations for a final application submittal of the LWCF grant and will schedule the attached draft resolution for Council consideration at the March 16th meeting. Attachments Page 2 of 2 !eu~:~o ~ J 'ONI 'S.LO:I.LIHOSV ),lblYd U3000S IVN3N ...... ', ANYdlAIO0 ~ ~13anv-I>l ,, _ REDOUBT AVE ,/ u-o U.J 0 z ..~Z' w ujO:~ Z~'T' 00-__~ T,,,~ 'k , , Z '""} - 0 0 O' 81 D-6 COST ESTIMATE (4 Fields) , Site Preparation' DESCRIPTION UNITS NO. UNITS UNIT COST Clearing & Grubbing Acre 23 $2,500.00 Excavation C.Y. 31,300 2.75 Borrow, Type III C.Y. 16,200 5.00 Borrow, Type l C.Y. 3,400 10.00 Topsoil Acre 17.3 5,000.00 Dry Well Each 4 3,500.00 Well L.S. 1 5,000.00 SUB TOTAL Site preparation includes clearing, fill, grading, roads, parking. TOTAL $57,500.00 88,900.00 81,000.00 34,000.00 86,5OO.0O 14,000.00 5,000.00 $366,900.00 . Utilities' DESCRIPTION Single Phase Power UNITS NO. UNITS UNIT COST L.S 1 $12,000.00 3. Match Funding DESCRIPTION Matching Equip. & Supplies Road Grader, Fuel Perm. Entrance Sign BBG Grills Picnic Tables Labor Equip. Operator (skilled) Parks & Rec. Director Public Works Manager Seeding (and material) SUB TOTAL UNITS NO. UNITS UNIT COST Day 10 500.00 EACH 1 2,800.00 EACH 3 175.00 EACH 3 575.00 Volunteer Labor (unskilled) HRS HRS 80 23.62 HRS 25 31.00 HRS 12 38.50 Acre 17.3 2,500.00 200 10.00 Construction Total ~ Design & Construction Engineeri Subtotal ~ C o n t i n g e n c ~~,2~-/~,~ Project Total ~ SUB TOTAL TOTAL $12,000.00 $12,000.00 TOTAL 5,000.00 2,800.00 525.00 1,725.00 1,889.60 775.00 462.00 43,250.00 2,000.00 $58,426.60 $378,900.0O 56,835.OO 435,735.00 65,360.25 501,095.25 Revised 2/24/05 TOTAL ESTIMATED CONSTRUCTION COST + Planning, Engineering and Construction Supervision + Contingency Equals TOTAL DIRECT COSTS + STATE ADMINISTRATIVE COSTS~ Equals TOTAL PROJECT COSTS Less SPONSOR'S SHARE * City Appropriations ($253,492) + Match ($58,427) Equals FEDERAL SHARE ** $378,900.00 56,835.00 65,360.25 $501,095.25 60,131.43 $561,226.68 $310,679.05 $250,547.62 Less STATE ADMINISTRATIVE COSTS $60,131.43 Equals MAXIMUM SPONSOR PAYMENT $310,679.05 The Sponsor's Share must be 50% or more of the Total Project Costs. The Federal Share cannot exceed 50% of the Total Project Costs. Projects must have a Federal Share request of no less than $100,000 and no more than $500,000. City of Kenai File Notation: o Maximum Sponsor Payment (required local share): tal direct project costs = $250,548 Plus State admin costs 60~131 $310,679 Daubenspeck General Funds for Parks & Recreation (current) Daubenspeck General Funds earnings projected within five months Estimated In-Kind Contribution General Fund $140,167 35,000 58,427 77~085 $310,679 Revised 2/24/05 CITY OF KENAI Suggested by: Administration RESOLUTION NO. 2005-XX A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR AN OUTDOOR RECREATION PROJECT, ~NAI SOCCER PARK, TO THE STATE LIAISON OFFICER AS PROVIDED BY THE LAND AND WATER CONSERVATION FUND. WHEREAS, the Kenai City Council has approved a "Comprehensive Park and Recreation Plan" for the area which ident~es a demand for more recreation facilities such as soccer fields and sports fields; and, WHEREAS, under the provisions of the Land and Water Conservation Fund, federal funding assistance has been authorized and made available to finance up to fifty percent (50%) of the cost of land for parks and the construction of outdoor recreational facilities for local governmental entities; and, WHEREAS, the Kenai City Council considers it in the best interest to develop soccer fields in the northern part of the city commonly referred to as Section 36, Parcel #4301038. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Kenai, Alaska, that le the City Manager is authorized to make formal application to the State Liaison Officer for funding assistance; e . any fund assistance so received be used to develop the fifty-three (53) acres of land noted above; the City intends, if this grant is awarded, to provide for its share of the total project cost from the City's General Fund and In-Kind contributions; .. any property acquired or developed with financial aid through the State Liaison Officer be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless as otherwise provided and agreed to by the City Council, the State Liaison Officer, the National Park Service; and, this resolution become part of a formal application to the Alaska Division of Parks and Outdoor Recreation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixteenth day of March, 2005. ATTEST: Carol L. Freas, City Clerk. PAT PORTER, MAYOR Approved by Finance'_____ Z Z~ 0 U.I cxl rv'z Z uJ z z z z I~1 o z UJ z ILl I- Z I&l z 0 z 0 z ~ 0 IJJ J W o o iii Z o o 0 Z uJ Z Z n~ I&l I- X 0 IJJ o o ILl U.I Z Suggested by: Planning and Zoning Commission CITY OF KENAI ORDINANCE NO. 2083-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REZONING THAT PORTION OF THE EASTERLY ¥~ OF SECTION 36 LYING NORTHEASTE~Y OF THE KENAI SPUR HIGHWAY AND NORTH OF EVERGREEN TRACT A RE- SUBDIVISION AND SOUTH OF ,JETTISON ,JUNCTION SUBDIVISION AND SOUTHEASTERLY OF BALLFIELD SUBDIVISION EXCLUDING EVERGREEN SUBDIVISION KIM ADDITION FROM RURAL RESIDENTIAL (RR) TO RECREATION WHEREAS, the above-described property is currently zoned Rural Residential (RR); and, WHEREAS, the City of Kenai is planning for the development of the above-described area for outdoor recreation and sports fields; and, WHEREAS, the above-described property should be re- zoned Recreation (R) to reflect their future use as a recreation area; and, WHEREAS, on February 23, 2005, the Kenai Planning and Zoning Commission voted unanimously to re-zone the above-described property from Rural Residential (RR) to Recreation (R); and, WHEREAS, it is in the best interest of the City of Kenai to re-zone the above described property from Rural Residential (RR) to Recreation (R). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the portion of the Easterly ½ of Section 36 lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re-subdivision and S~uth of ,Jettison ,Junction Subdivision and Southeasterly of Ballfield Subdivision excluding Evergreen Subdivision Kim Addition as shown on the attached map as Exhibit "A' is hereby rezoned from Rural Residential (RRI to Recreation (R). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: March 2, 2005 March 16, 2005 April 16, 2005 uJ J.S V$Oid:tONOd ~kouo , 3in~JiJs , i Z ~ LO ~ < m m ~ A  Ordinance No.' 2083-2005" - Attachment "A" STAFF REPORT To: Planning &Zoning Commission Date: February 3, 2005 Res: PZ05-10 GENERAL INFORMATION Applicant: Linda L. Snow City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 283-7535 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Rezone- Rural Residential to Recreation That portion of the El/2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Addn. 13072 Kenai Spur Highway 0431038 RR- Rural Residential Vacant Neighborhood Residential ANALYSIS General Information: This is an application to rezone this parcel from rural residential to recreation. This rezone is being requested to accommodate a proposed sports field and outdoor recreation area for the City of Kenai. The property is currently zoned rural residential. Parks and recreation are a conditional use in the rural residential zone and a permitted use in the recreation zone. This parcel is approximately 53.8 acres fronting the Kenai Spur Highway and along Evergreen Street. A portion of the property abuts the backside of Evergreen Subdivision Kim Addition. This subdivision is zoned R$-1, Suburban Residential 1. The Comprehensive Plan Land Use Plan shows this land as Neighborhood Residential. Within the definition of the neighborhood residential classification, it states, "Formal public outdoor spaces (parks) are a critical feature in this district." In October 2004 with the recommendations from the Parks and Recreation 0510 Comment.doc Page 2 Commission and the Planning and Zoning Commission, the Kenai City Council set this property aside as needed for a public purpose. This action was taken to remove the property from being available for sale knowing that the Parks and Recreation Commission had been researching a possible outdoor recreation site at this location. City Engineer: Nothing additional. Building Official_: No building code issues. RECOMMENDATIONS ~ This rezone is being requested by the City---of Kenai to accommodate a large, outdoor recreation area. The Comprehensive Plan identifies this area as neighborhood residential and notes that outdoor spaces (parks) are a critical part of this district. The requested rezone meets the criteria of Kenai Municipal Code 14.20.270 for an amendment to the official zoning map. Recommend approval. ATTACHMENTS' ~1. Resolution No. PZ05-10 2. Application 3. Map KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-10 REZONE PERMIT Substitute A RESOLUTION OF THE PLANN~G AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME' City of Kenai ADDRESS' 210 Fidalgo Avenue, Kenai, Alaska LEGAL' That portion of the El/2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Addn.- 13072 Kenai Spur Highway PARCEL #' 04301038 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned RR- Rural Residential 2. The present land use plan designation is Neighborhood Residential 3. The proposed zoning district is Recreation 4. An appropriate public hearing as required was conducted on February. 23, 2005 5. That the following additional facts have been found to exist' 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of That portion of the E 112 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and .,,South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Addn. is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, February. 23, 200....~5. CHAIRPERSON: ATTEST: KENAI. ALASKA 210 Fidalgo Avenue, Kenai, 99611 - 7794 ~,.... Telephone: 907-283-7535 / F .283-3014 '{11r 1992 REZONING APPLICATION PETITIONER ADDRESS City of Kenai 21 0 Fidalgo Ave., Kenai, AK 99611 PHON£ 907-283-7535 LEGAL DESCRIPTION PRESENT ZONE PROPOSED ZONE Sect. 36 Parcel #4301038 Rural Residential Recreation Intended Use andJor Reason for Rezoning: Sports Fields & Outdoor Recreation Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. Rezoning Application Page 2 3. L-d---aa'' A Public Notification and Heating is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 4. ~~'- A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. t;~itio>ner's Signat'~re .fl c// v^n kso 4 ATTEST REZON~G CHECKLIST' a. MAP b. SIGNATURES c. DEPOSIT/ADVERTISING FEE ($105) d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING ~G £S~ttdO.-t [-I.L~ION Suggested by: CITY OF KENAI ORDINANCE NO. 2084-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $24,042.60 AND TRANSFER $2,671.40 IN THE GENERAL FUND FOR A GRANT FOR ONE (1) TRAFFIC SAFETY SPEED/MESSAGE TRAILER. WHEREAS, the Alaska Highway Safety Office has awarded a grant to the City of Kenai for a speed/message trailer; and, WHEREAS, the 2004 National Highway Traffic Safety Administration Motorist Behavior study shows that warning motorists of their speed via a speed trailer visual speed display is more effective in reducing overall incidents of speeding than writing traffic citations; and, WHEREAS, the objective of purchasing and utilizing the speed/message trailer is to make Kenai roadways safer by reducing the incidence of speeding, and number of vehicle crashes and corresponding injuries and fatalities; and, WHEREAS, the speed trailer has a programmable message board to display important messages and warnings to motorists of special hazards including roadway conditions, and special events. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1' The following budget transfers be made: General Fund Police- Professional Services Printing & Binding $1,000.00 $1,671.40 $2..671.40 Police- Machinery & Equipment $2.671.40 · Section 2' ,, That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated revenues: Police- State Grants $24,042.60 Increase Appropriations: Police- Machinery & Equipment $24,042.60 Ordinance No. 2084-2005 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (02 / 25 / 2005) hl Introduced: Adopted: Effective: March 2, 2005 March 16, 2005 March 16, 2005 Mem-orandum Linda Snow, City Manager From: Chuck Kopp, Chief of Police Date: 2/25/2005 Re: Cc' Request for Ordinance Increasing Revenues in Police Machinery & Equipment for Traffic Safety Equipment funded by Alaska Highway Safety Office (AHSO) Traffic Safety Project - No. 050508 PT Larry Semmens, Finance Director A copy of Alaska Highway Safety Office Traffic Safety Project 050508 PT was sent for your review and approval on June 29, 2004. A brief summary of the grant program follows' The Kenai Police Department requests that the City of Kenai purchase a combination speed/message trailer, which will be placed at stationary locations along Kenai roadways. The trailer uses a radar instrument to show motorists their actual speed, and includes signs that show the speed limit. It also has a 4' x 8' programmable message board to display important messages/warnings to motorists. The overall objective of purchasing and utilizing the speed/message trailer is to make Kenai roadways safer. Individual objectives for the grant period include: reducing the number of motor vehicle crashes' reducing the number of speeders; reducing the number of fatalities on Kenai roadways. During winter, poor road surface conditions, the message trailer will be placed at problem areas of highway, warning drivers of hazards ahead. Year round, the trailer will be placed along Kenai Highways, advising motorists of the speed limit, and what their vehicle speed is. For special events the message trailer will warn incoming traffic of roadblocks, detours, parades, races, walks/runs, and general warnings of pedestrian traffic. AHSO has authorized the City of Kenai to purchase one .speed trailer with a message board. The total equipment cost, including shipping and handling is $26,714.00. A 10% match is required. I am requesting an ordinance increasing appropriations to Police- Machinery & Equipment 001-421-8064 in the amount of $24,042.60 to purchase one (I) speed/message trailer. · Page 1 le CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 23, 2005- 7:00 p.m. e *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. *APPROVAL OF MINUTES. a. *February 9, 2005 e SCHEDULED PUBLIC COMMENT. 4. CONSIDERATION OF PLATS. Se PUBLIC HEARINGS. a. PZ05-10- An application to rezone the area known as that portion of' the E 1/2 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and South of'Jettison Junction Sub and Southeasterly o£Ballfi¢ld Sub excluding Evergreen Sub Kim Addn. (13072 Kcnai Spur Highway), from rural residential to recreation. Application submitted by L/nda L. Snow, City Manager, City o£Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS. 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. "Zoning Bulletin"- January 25, 2005 b. Letter to Chairman Hammelman dated 2/15/05 c. Memo from Jack LaShot- Access through City property 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT' CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS FEBRUARY ~3, ~005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRF~IDING iTEM 1' C~ALL TO Ol~r~.l~ Chair Hammelman called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners Present. Commissioners Absent: Staff Present. A quorum was present. Phil Bryson, Jeff Twait, Nelson Amen Jay Barrett and John Hammelman ' , Barry Eldridge and Carl Ghck City Clerk Freas, Public Works Manager Jack La Shot, Parks & Recreation Director Bob Frates, and Council Member Rick Ross 1 -b. Agenda Approval MOTION: Commissioner Bryson MOVED for approval of the agenda with the changes consisting off · Substituting 5-a Staff Report and Resolution No. PZ05-10 · Proposed site plan and requested UNANIMOUS CONSENT. Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda as presented and requested UNANIItlOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. ~O ORDERED. I__TEM 2: ~ APPROVAL OF MINUTF~ -_ February 9 Approved by consent agenda. ,2005 ITEM 3- ITEM 4: SCHEDULED PUBLIC COMMENT-- None. CONSIDERATION OF PLATS-- None. ITEM 5' Public Works Manager however Parks & Recreation PUBLIC HEARINGS PZ05-10- An application to rezone the area known as that portion of the E 1/2 of Section 36 Lyin§ Northeasterly of the Kenai Spur Hi§hway and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excludin§ Evergreen Sub Klm Addn. (13072 Kenai Spur Hi§hway), from rural residential to recreation. Application submitted by Linda L. Snow, City Maria§er, City of Kenai, 210 Fidal§o Avenue, Kenai, Alaska. La Shot indicated there was nothin§ to add to the staff report, Director Frates was in attendance to answer questions. The public hearing was opened: Kristine Schmidt, Kenai-- Stated she was not opposed to the rezone but was concerned with the speed at which it was going through. Schmidt stated, apparently fifteen days ago an application was filed and two weeks later it was placed on the agenda for approval. She had been led to believe, from attending variou .fy council meetings, rezones take longer than two weeks and she did not see any put)nc ~xctice, except one ad in Monday's paper. She added, she thought some kind of notice was to be sent to the people living around the properties where rezones are happening. $chmidt added, there are several future projects she expects will be very controversial and she hopes more than a two-week notice will be given for the application for a rezone. She continued, she did not think that would be enough time to really find out about the reformation. Schmidt also stated she felt the meeting packet is not timely made available to people and when a complicated issue comes forward, it gives people only a one-day notice. She added, she didn't think she could have picked up her packet more than one day ahead because of the holiday. Schmidt requested, for a rezone, more time than just two weeks between the application being filed and the public hearing being held should be given, especially for some of the more controversial projects coming along. She added, she didn't really understand the process, but is what it appeared to be from the paperwork she received, however if she was wrong, she woUld stand corrected. Ron Dukowitz -- Fourth and Everffreen, Kenai. Dukowitz stated his concern as needin§ a bi§§er buffer zone between the back of the houses and the proposed soccer field. Additionally, he hoped the park would be open for day use only, perhaps 8:00 a.m. to 10:00 p.m. and lock it up so there are not people usin~ it for a party area, etc. He added, he objected to the park bein§ placed at the end of the street as he did not think additional traffic was needed on Evergreen. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 2 Chair Hammelman asked Dukowitz for a better description of where his home is situated. Dukowitz explained, he has property on Evergreen and Fourth, right on the comer, in the Hakkmen Estates. He added, his home is within 150 feet of the proposed ballfield. Ben Langham, Fourth & Evergreen -- Langham stated he was unfamiliar with the process. He noted he received a notice in the mail of the rezone hearing. Langham noted, he saw no plans to have any access to the ballfield from Evergreen (which was confirmed by Parks & Recreation Director Frates}. Langham stated, that was a concern of all of the families in the area with children. Commissioner Amen asked Langham if he was pleased there was no access from Evergreen or preferred there be access from Evergreen. Langham stated his preference there not be an access from Evergreen. Sue Olson, Fourth/h Evergreen -- Olson explained her home was on the side of Evergreen the park is planned to be situated. Olson stated her concern as if there will be a buffer and how big of a buffer it would be between the housing and the park. Also, Olson noted the information she received stated it would be a sports field and outdoor recreation area. She asked what kind of activities the outdoor recreation would involve. Olson also asked, because it would be a big park and is pretty deep from the highway with low visibility in the back area of the park. She asked if the park is developed, would it be controlled as she was concerned, with the security/safety issue of a park. Jerry Strait, 308 Evergreen Street, Kenai -- Strait explained his home is across the street from the proposed park. Strait asked why the park was being proposed to be developed in this area. He noted, he purchased his house in the residential area because of the quiet of the area. Previously there had been problems with noise due to Larry's Club in the area which caused a lot of problems and a bad neighborhood. In the past few years, since the Club burned down and the Kenai Spur Motel has new management, a lot of things had improved in the area. Strait continued, the area is now a quieter and better neighborhood with little crime and they are pleased with the way the neighborhood is. He added, he is aware the City of Kenai owns a lot of other property in the city and suggested placing the park around the Snowshoe Gun Club, where a park would not be close to residential areas. Strait stated he would prefer the park not be developed in the Evergreen area. If it does go forward, he added, he is very much concerned about safety, noise, the buffer zone, additional traffic (including foot traffic cutting through the woods). Currently, the property is not developed, but is used by a lot of people for hiking, snow machining, etc. and is not a forgotten property. Strait added, he uses the area for recreating with his children. Strait added, he would be interested in knowing if a different type of park, i.e. in-town outdoor park with trails, picnic tables, etc. had been considered instead of what is currently being proposed. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 3 Amen noted Strait's concerns about safety and security and asked if he currently doesn't have those concerns with the wooded area, i.e. a place to hide or do something illegal, etc. Strait answered, currently very few people enter the area; there are people who use it for walking on a rough trail there now; it's a very open wood which can be seen through approximately 200 yards in most directions because the dead spruce have been removed; and, it's a nice park-looking area currently. Strait answered, his concern there would be more people brought into the area and is why he is concerned about safety and crime. Mary Dal¥, 108 D~I~w°°d Court, Renal -- Daly stated she is the Kenai Peninsula Soccer Club Board President and a soccer coach. She stated, she believes the rezoning process is beneficial to everybody in Kenai and in particular the people living in the area. She noted, one of the nice things that will happen with the rezoning if approved, would be development of a park in that neighborhood. Parks are known to increase property values situated close to facilities that either have a picnic area, playground, or open field where people can recreate with their children. Daly stated she hoped the people of the area would consider this as a valuable asset. Daly continued, she believed a nice thing about the park for the use her club wants to use it for is that soccer can only be played May through September and is not a year- round activity. She added, her club's level of soccer is pre~ .... ell mannered as the parents are excited to watch the children play the games, .n the teams ~core. etc. She continued, these parents are not loud and rowdy, there are no tailgate pa_rues, mostly it will be teams practicing, and teams will play against other teams. It is not anticipated there will be large amounts of people wandering through the neighborhoods or using the field 24 hours a day. Daly stated, they would eventuallY like to host a three-day tournament on the . Peninsula. She added, she did not think there would be a negative impact on the neighborhood. Parking is planned to be developed for the area and the manner m which the fields are designed, they are closer to the Kenai Spur Highway and she hoped there would be a buffer between the neighborhood and the actual fields. She added, they don't intend to make the area unattractive by clear cutting the trees, etc. and would want to leave a buffer between the neighborhood and fields for it to be more . 'ved the field would be a real benefit for the families attractive. Daly added, she belie . a lace to go play there and the children in the neighborhood will actually have P instead of playing in the streets of the neighborhood. Violetta Strait, 308 Evergreen Street, Renal-- Strait stated she has been a soccer fan in the past and is aware of what soccer games entail. She noted, the games are not well mannered and there is a lot of noise because fans cheer for the teams. Strait stated, there were able to hear children yelling from Sears Elementary School which is quite a way from her home. This is one of their main concerns. Strait added she (and her husband) spoke with someone during the day who stated there would be both children and adult team tournaments which will cause a different level of noise by those who attend the games. She added, she was concerned there PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 4 would use o£ alcohol and drugs and wandering around in their neighborhood. She stated, they have had problems before with snow machine activity and she felt with soccer fields, there would be an increase in bad activities. With two small children, she is concerned. Strait also stated, May through September is a half of year and the part of the year when their families use the outside for play, quiet time, home schooling, etc. ~ith the added noise, she felt it would be impossible for having quiet time, etc. and there would be an increase of dust coming from the fields with she understood there ,~ ..... ~__ .. .. out the trees there Str ' a.r,. 1~,~ u~etr m ' · · alt l~ mmgnt games ~n Alaska and Kenai. Even if ' officially the games are to be over by ten, there will be other activities, i.e. biking, four- wheeling, etc. Additionally, they were told the development would be not just soccer fields but also baseball fields in the near future. This will add to more tournaments more people, more noise. , Strait continued, they were also told there would be a campground for people who attend the tournaments which she felt would add to the night activity. She felt, that activity could bring campfires. However, she stated, her main concerns as noise, the possibihty of drinking, and if people want to play soccer, why not do it where people don't mind having the activity in their area. When they bought their property, they were looking for a quiet area. They looked at other areas where there are parks etc., but they wanted this area for the quiet. , Strait requested the Commission to consider these concerns. Commissioner Barrett asked how much of a buffer would satisfy her. Strait answered, there are many houses between her home and Sears Elementary, but the noise from the children playing can still be heard. She suggested her home was approximately a mile from the school and there are trees and other houses between them. She added, because of her husband's work, he requires adequate rest and with a lot of additional noise in the area, they would have to move from that area. Barrett asked if they had concerns with the private drinking establishment closer to the homes than the soccer fields would be. Strait answered, when there are open areas, there are no boundaries of behavior and no one controls them If the people are inside bars, it is the bar's problem. · Mary Daly, 108 Deepwood Court, Kenai -- Daly stated, her home is situated close to the Kenai Middle School, and where the Boys & Girls She noted, there ar ,-o.-,.~..~--. ....... Club play most of their e ap~,,,,~,,c~ uno a Ctll-ae-sac o---, r..,. _,_ .. _ games. c~u lClC 8rle lives aoout as close to the Middle School as the Evergreen residents were indicating they would be to the proposed soccer field. She added, they don't hear the noise from the school and felt the noise level concerns voiced would probably not be as excessive as Evergreen residents beheve it will be. WaUy Jackson, 403 Evergreen, Kenat -- Jackson stated his home is situated on the edge of the proposed development. He asked why the fields have to be built there and PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 5 not in another area, closer to the baseball park. He suggested space available behind the Ski Mo area. He added, he had been in support of the proposal but now was concerned not enough information was available, i.e. what will happen to Evergreen Street, will it be closed off, will they have a buffer, etc. Jackson stated he had read what the Commission had read and discussed it some, but felt additional information is needed. He added, his concern was, why build it there. Frates asked Jackson if he was suggesting additional baseball fields. Jackson stated there are soccer fields on the comer of Tinker Lane. He asked why now is there interest in placing a park (off Evergreen) when the city has a lot of available land. Also, where will the access be; if it will benefit Kenai, that would be fine; however, there are concerns about privacy, security, etc. There were no further public comments and the public hearing was closed. Amen asked what would happen procedurally if no motion was offered. Hammelman explained, a motion to postpone could be made to move it off of this agenda. However, he was requesting a motion on the table (in a positive form) in order for the Commission to discuss the issue. At that time, input would be requested from Frates and some questions would probably be answered. MOTION: Commissioner Amen MOVED for approval of PZ05-10, the rezone from Rural Residential to Recreation on the property described in the agenda packet. Commissioner Twait SECONDED the motion. Hammelman stated, the motion on the floor would not prevent the Commission from postponing, moving forward or denying the rezone. Commissioner Bryson stated he would abstain from the action on the issue due to his firm's involvement with the project with the City of Kenai. Hammelman had no objection. Hammelman requested Parks & Recreation Director Frates to comment on the issue, especially the concerns stated, i.e. camping, hours of operation, buffer, size of a buffer, types of sporting programs, and a general background. Frates noted the following: A buffer zone is a design issue that can be worked out during that phase of the development. He noted, when a park is designed especially by a residential area, those types of issues are considered during the design process. He added, the city wants to be a good neighbor and buffer zones are critical. Camping is not related to this property. Ball fields are not related to this property. He added, the ball fields and camping may be considered in the future, but currently, the issue is soccer fields. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 6 · Drinking/drugs are management and police enforcement issues and would be dealt with when they arise. Noise levels would be considered management issues as well. There are restrictions that could be placed on the user groups through user agreement to control the noise levels. However, a user agreement would not control individuals bringing their children during the day to use the fields. · Organized functions, crowds, etc. can be handled through user agreements. · The proposed park at the end of Evergreen is not a part of the grant process, though it is included in the property. No funding is being sought for that proposed park, which could be placed in the future if there is a need and wanted by the residents of the area. He added, when the Parks & Recreation Commission reviewed the area, they felt that area might be a good site for a neighborhood park. Barrett asked why the Commission felt this would be a good location for the fields. Frates answered, there has been interest in locating outdoor recreational fields in that area since approximately 1983/86. He added, two years ago the discussion was again reviewed and the Commission did investigate other available properties, however they recommended this location from a cost benefit, the property is level, not many trees, etc. Frates continued, there are a number of residential areas in that side of town and there are no neighborhood parks in the vicinity. Barrett asked if the four soccer fields and the parking was the only development proposed at this time. Frates answered yes, and in terms of the grant application process, if the second phase of the process is entered into, the four soccer fields would be ail that would be pursued. Barrett asked how far from Evergreen Street would be the southeast soccer located. Frates suggested approximately 400 feet. Frates noted, 200 feet would be a good buffer, along with other variables, i.e. denseness of trees, etc. Barrett asked if the fields would be grassed. Frates confrrrned they would be natural turf and at this time, the parking lot would be gravel; the only access would be from the highway; a safe zone will be created around the fields; if the grant is finalized and the four soccer fields takes place, future expansion of the park might take place, however it is not anticipated for three to four years; if the neighborhood park is developed in the future, its parking lot would accommodate ten to twelve vehicles and is not envisioned to be a primary access to the soccer fields; and, no wintertime use has been planned for the area. Barrett asked if the park could be moved further away from the residences on Evergreen and Frates stated, the fields could not be moved further north in relation to future development of the area with perhaps baseball fields. Amen referred to the site plan and noted "Ballfield Subdivision" and asked the present zoning of that area. La Shot answered Rural Residential, and added, he was not sure when the area was given the name, but it was the old city dump. Amen asked the reasoning for changing the zone for the property and not requesting a Rural Residential Zone Conditional Use Permit for the development. La Shot explained the primary reason for the rezone is the extent of the proposed new development. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 7 Frates also explained, there currently are no adult soccer leagues in the Kenai community, however there had been discussion about it in the past and could be organized in the future if there is local interest. Barrett questioned the timeline for advertising the rezone and the receipt of the application for rezone (he noted he was not able to read the time stamp on the application included in the packet). La Shot stated he was certain the code was followed as far as required notifications. He added, there would be another opportunity for comment on the issue at council level. VOTE: Abstain [_Twa_it Yes ~lBarrett Yes Ycs Ycs Eldrid eg~_~_ Glick Absent Absent MOTION PASSED UNANIMOUSLY. Hammelman noted, there will be another opportunity for public comment at the council level. Adclitionally, the decisions made by the Plannin§ & Zonin§ Commission may be appealed to the City Council actin§ as a Board of Adjustment. He noted, appeals must be filed in writin§ to the City Clerk within 15 days of today's decision. Hammelman thanked those present for their input and hoped the information offered was helpful to them. BREAK TAKEN: 7:45 P.M. BACK TO ORDER: 7:53 P.M. ITEM 6: OLD BUSINESS-- None. ITEM 7: NEW BUSINESS__-- None. ITEM 8: pENDING ITEMS-- None. ITEM 9' COD~ F. NFORCEMEN?-- None. ITEM 10' REPORTS 10-a. City Council -- Council Member Ross noted the action agenda from the February'16, 2005 council meeting was included in the packet and he was available for questions. Amen questioned the ordinance requiring Board of Adjustment certified mailin§s. Ross explained, the ordinance was brought forward to require notices of hearings be sent via certified mailings to applicants and appellants. 10-b. Borough Planning -- Commissioner Bryson reviewed actions taken PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 8 ITEM 11- ahng the Borough Planning Commission's February 14 meeting, including: · An update on the two-year Soldotna Bridge construction project planned to begin in the spring. , Renaming of a number of streets. · Approve of a right-of-way vacation on Raspberry Court. · The denial of a conditional use permit for placing a sign on top of a gazebo along the Kenai River. Approval of a petition to vacate 150' x 10' utility easement within Lot 5 of Ruby's Dazzling View Subdivision, within the City of Kenai. Bryson noted, the applicant will be before the Kenai Planning & Zoning Commission in the future. 10-¢. Administration -- La Shot reported the following: · A website to check the status of the Soldoma Bridge project is available at kenairiverbridge, com. · A Corps of Engineers permit application, included in the packet as information, has been submitted to develop access to properties south of the golf course. La Shot noted, there are still some access issues going through city property and the information was provided for the Commission's knowledge the permit process is ongoing. He added, the developer had not yet submitted a plat. Amen questioned the 26' road width on the proposed road on the backside of the golf course and La Shot explained, the standard street width is 24 feet. Bryson added, tthere are normally 12' wide paved lanes and the extra footage will provide a wider "shoulder. PERSONS PRESENT NOT SCHEDULED -- None. ITEM 123 12-a. 12-b. INFORMATION ITEMS "Zoning Bulletin"-January 25, 2005 Letter to Chairman Hammelman dated 2 / 15 / 05 12-¢. Memo from Jack La Shot- Access through City property A brief discussion took place related to Item 12-b and the request for the commission chairs to contact their members to learn if quorums will be available for meetings. Bryson stated he felt it was the obligation of the members to notify staff of planned or emergency absences before the agenda is finalized. He also suggested the members be contacted by staff prior to a meeting to confirm a quorum will be present. Clerk Freas confu-rned the quorum problems experienced have not been from the Planning & Zoning Commission. She emphasized the importance of the members to contact staff to inform of absences. In that effort, the meeting may be able to be cancelled and notification made. Freas disagreed staff should contact the members to learn whether they plan to attend meetings, noting all the members were made aware of the meeting schedule when they were appointed and receive packets and agendas prior to the meeting which also notifies them of the date and time of the meetings. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 9 Hammelman stated he probably would not be calling the members and encouraged them to contact staff if they will be absent from meetings. The members confirmed there would be a quorum for the March 9 meeting. ITEM 13' COMMISSION COMMENTS/~ UESTIONS Amen-- Noted the following: · An article included in the January Zoning Bulletin which he felt reaffirmed the Commission's recent action on a conditional use permit for an RV Park on Kahfornsky Beach Road. He read, "The court determined the protection of general public health, safety, and welfare was a valid basis to deny a conditional use permit." · Agreed the members should be responsible in notifying staff of planned absences from meetings. He will be absent from the March 23 Commission meeting. Barrett-- No comments. Twait-- No comments. Bryson -- Reported he believed he would be absent from the March 23 meeting as well and will confirm and report back to staff. Hammelman-- * Indicated, as a meeting form, he will be requesting motions to be made at the close of public hearings, stated in a positive form, in order to put the issue on the table for discussion. followed He will be absent from the March 23 meeting. A brief discussion · was confirmed Amen, Eldridge, Hammelman and Bryson would be absent in which it from the March 23 meeting. ITEM 14: ADJOURNMENT_ The meeting adjourned at approximately 8' 14 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 10 'vi//aye O, a 210 Kenai, Alaska 99611-7794 Fidalgo Avenue, Telephone' 907-283-7535 /F~' 907-283-3014 L-I MEMORANDUM To' Mayor Porter and City Councilors_, From: Linda L. Snow, City Manager ~]~' Date: February 25, 2005 RE' Senior Connection Property Request As you know in a letter dated February 1, 2005 from F. James McConnell of the Paladin Group and Assisted Living Project Coordinator for the Senior Connection, the Senior Connection has narrowed down its property selection to three possible choices and has requested assistance from the City of Kenai in the final selection. In the original order of priority, the choice parcels were 19, 1, and 17. The Kenai Peninsula Borough (KPB) owns two of the parcels (19 and 17), and the parcel 1 is owned by the City of Kenai. The Senior Connection Board directed Mr. McConnell to request assistance in acquiring a 20-acre portion of Parcel 1 on Redoubt Avenue owned by the City of Kenai. At the city council meeting of February 16th, Councilor Gilman requested and received consent from council to approach borough representatives and discuss the possibility of a land swap to obtain KPB parcel 19 located on Swires Road/Lawton Drive. Council requested city administration investigates the zoning status of this parcel and continue researching the possibility of City owned parcel 1 on Redoubt Avenue. As shown on Attachment A, KPB parcel 19 on Swires Road/Lawton Drive is a 20.08-acre parcel with split zoning. One-half of the parcel is zoned by the City of Kenai as Education, and the other half is zoned Rural Residential. An assisted living facility could be permitted as Conditional Use on the parcel in either zone. As City Attorney Graves details in his memo, Attachment B, there are a number of steps and issues to be resolved before a 20-acre portion of parcel 1 on Redoubt Avenue could be made · available to the Senior Connection for an assisted living facility. A copy of this information has been provided to Mr. McConnell. In his letter of February 1 st, Mr. McConnell indicated the Senior Connection board of directors would like to work with city council on joint development goals and form a committee to discuss assisted living and independent senior housing projects, acquisition of the city owned property on Redoubt Avenue and how the project fits into the city's future community development plans. facilitate discussion of these matters. A work session with the board could be scheduled to In a relatively new development, Dr. Peter Hansen stopped by my office on February 23rd after a meeting he had with Mr. McConnell. Dr. Hansen advised that he would be willing to donate a portion of property he owns east of the city's parcel on Redoubt for an assisted living facility, if the city could see that adequate access and water and sewer were provided to the property. Obviously, there has not yet been sufficient time for either the Senior Connection board of directors to comment on this alternative or for city administration to research it. Page 2 of 2 Property Assessment Report City of Kenai Generated' ~Tax id' 4522052 Lot Size'20.08 acres Assessed Value: 02/25/2005 $113,200 N 1 '7246 PARCEL 19 Owner(s) KENAI PENINSULA BOROUGH Property Address 201 SWIRLS RD Kenai, AK 99611 Year Built Structures Area Bedrooms/Bathrooms 0 0.0/0.0 Mailing Address 144 N BINKLEY ST SOLDOTNA, AK 99669-7599 Legal Description KN T06N Rl lW S34 NEll4 SEll4 SEll4 & S1/2 SEll4 SEll4 NOT INCLUDING KEEMAU SUB SPLIT City Zoning Tax Assessment Assessed Structural Value ~0.00 Assessed Land Value Assessed Special Value Total Assessed Value Exempt Value $113,200.00 $0.00 $113,200 $113,200.00 Attachment A Page 1 of 2 Zoned - Educational Subject Property Zoned - Rural Residential Five Irons Heights SD City of Kenai Zoning Map Attachment A Page 2 of 2 KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX' 907-283-3014 www.ci.kenai.ak.us MEMORANDUM TO' Linda L. Snow, City Manager FROM~'/~ Cary R. Graves, City Attorney DATE' February 24, 2005 RE' Senior Connection Property Request The Kenai Senior Connection is looking for property on which to build an assisted living complex. One of the parcels they have identified as a potential site is a 77-acre parcel near Mommsen Subdivision (see attached map). They are interested in obtaining 20 of the 77-acres. You requested I research how such a transfer might be accomplished. This memorandum is to outline a process by which the property could be granted to the Senior Connection by the city. Whether such a grant would be desirable is a policy call and not addressed in this memorandum. The parcel is foreclosed property that is currently assessed at $242,600. It was foreclosed upon in 1986 for unpaid property taxes. The back taxes owing are $38,521.75. $18,289.67 of that is owed for Kenai Peninsula Borough tax with the remainder owed for city property tax. Since the property has been held by the City for over ten years, the former property owner does not have the fight to repurchase the property for back taxes and assessments. AS 29.45.470(a). We have put the property in two foreclosure sales. While there has been interest in the property, no one has bought it. A municipality may by ordinance retain foreclosed property needed for a public purpose under AS 29.45.460. In 1991, the Council declared the property not needed for a public purpose. In order to retain it, the City would have to pass a new ordinance declaring it needed for a public purpose. The City would have to pay the Borough its unpaid taxes plus interest (but without penalty) upon retention for a public purpose. AS 29.45.490. The public purposes for which the property is retained could include transfer of about 20 acres of the property to the Senior Connection for a site for an assisted living complex. The property also has $85,277.95 of unpaid City assessments owing on it. It breaks down to unpaid principal of $23,526.96, unpaid interest of $56,991.74, and penalty of $3,506.20. The Attachment B Page 1 of 7 Finance Department feels the unpaid interest and penalty could be written off, but the unpaid principal ($23,526.96) would have to be repaid to the water and sewer fund. In order to transfer the property to a non-profit entity for below fair market value, the code would have to be Changed. Currently, the code allows the city to transfer general fund real property to the federal, state or nearby local governments at an agreed upon consideration without a public sale. KMC 22.05.080(a). That consideration can be below fair market value. That section of the code could be amended to include the transfer of general fund real property to a qualified IRS Section 501(c)(3) non-profit corporation. A copy of a draf~ ordinance amending KMC 22.05.080(a) is attached. If the code were changed, the City could transfer (for an agreed upon consideration) twenty acres of the property to the Senior Connection, with the remainder retained by the City of Kenai. The property would have to be subdivided before the transfer. Obviously, a key question is who will bare the costs of paying the unpaid taxes and the assessment principal. The total of unpaid Borough property taxes and the city's assessment principal is $41,816.63. Please let me know if you have any questions. Attachments At tachment B Page 2 of 7 Subject Parcel At tachment B Page 3 of 7 o o .t 0 o qD o 0~ ~- ,~- o . . · . · o Attachment B Page 4 of 7 CITY OF KENAI LID CALCULATE PAYOFF 02/23/2005 13'17 PAGE 1 ACCOUNT NUMBER NAME PARCEL NUMBER LID NUMBER LID NAME UNPAID PRINCIPAL PRINCIPAL BILLED INTEREST BILLED PENALTY B I LLED TOTAL AMOUNT DUE ADDITIONAL INTEREST PAYOFF AMOUNT PAYOFF DA~E - ~ADDITIONAL INTEREST DAYS 02-3901018 City of Kenai 03901018 3 73D 23,526.96 23,526.96 56,991.74 3,506.20 84,024.90 1,253.05 85,277.95 03/01/2005 Attachment B Page 5 of 7 Suggested by: City Council CITY OF KENAI ORDINANCE NO. -2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CLARIFYING KMC 22.05.080(a) AND AMENDING IT BY ADDING LANGUAGE TO ALLOW THE CITY TO LEASE, DEVOTE OR GRANT REAL PROPERTY TO QUALIFIED IRS SECTION 501(c)(3) NON-PROFIT CORPORATIONS WITHOUT PUBLIC SALE AT AN AGREED- UPON CONSIDERATION. WHEREAS, KMC 22.05.080(a) currently allows the City of Kenai to grant or devote real property to the United States, the State of Alaska, a local subdivision of the State or any agency of them without a public sale at an agreed upon consideration; and WHEREAS, qualified IRS Section 501(c)(3) non-profit corporations provide a variety of services that fulfill a community purpose; and WHEREAS, the City should also be allowed to grant, devote real property to a qualified IRS Section 501(c)(3) corporation without a public sale for an agreed-upon consideration to aid them in providing services to the public that fulfill a community purpose; and WHEREAS, it is in the best interest of the City of Kenai to clarify and amend KMC 22.05.080(a). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 22.05.080(a) is amended as follows: 22.05.080 Grant or devotion. (a) The Council, by resolution, may lease~ grant or devote real property no longer needed by the City. for public purpose to the United States, the State of Alaska, a local politic~ subdivision of the State of Alaska, or any agency of any of these governments or an IRS Section 501(c)(3) non-profit. corporation, for a consideration, agreed upon between the City and Grantee without a public sale if the grant or devotion is advantageous to the City. (b) The council, by resolution, may donate foreclosed real property, valued at less than $10,000 and held by the City for more than ten years, to a non-profit, low income housing corporation for construction of housing, provided that such housing shall be returned to the city and borough tax rolls upon completion. The Grantee shall be responsible for paying any back property taxes, penalties, and interest owed. Attachment B Page 6 of 7 Ordinance No. -2005 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March 2005. - ATTEST: Pat Porter, Mayor Carol L. Freas, City Clerk Introduced: Adopted: Effective: March 2, 2005 March 16, 2005 April 16, 2005 (2/23/05 sp) Attachment B Page 7 of 7 KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX' 907-283-3014 www.ci.kenai.ak, us MEMORANDUM TO: FROM. DATE: RE: Mayor Porter and Councilors Cary R. Graves, City Attorney February 24, 2005 Assisted Living Zoning During the Council meeting of February 16, 2005 the question came up regarding the zoning of senior assisted living facilities. The land use table (KMC 14.22.010) lists "Nursing, Convalescent or Rest Homes" as a use. While the terminology is somewhat archaic, it is the closest listing to assisted living. Under the land use table, assisted living is a principal permitted use in the Central Commercial and General Commercial Zones. It is not allowed in the Recreation Zone. It is allowed only as a conditional use in the other zones. In those zones, an applicant would have to apply to the Planning and Zoning Commission for a conditional use permit. The criteria ofKMC 14.20.150 would have to be met in order for the Commission to issue the permit. Please let me know if you have any questions. KENAL ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX' 907-283-3014 www.ci.kenai.ak, us MEMORANDUM TO' FROM: DATE' REe Mayor Pat Porter and Councilors Cary R. Graves, City Attorney February 23, 2005 Tax Exemptions for Deteriorated Property Mayor Porter asked me to research the ability of the City to give tax breaks for commercial property owners who refurbish older buildings. AS 29.45.050(0) allows a municipality to partially or totally exempt "deteriorated property" from property taxes up to ten years after "substantial rehabilitation, renovation, demolition, removal, or replacement" of a building on the property. A municipality could also offer a five-year deferral from property tax, although a deferral and exemption could not both be offered for the same improvements to property. "Deteriorated property" is defined as commercial property (including residential property of eight units or more) that: 1) is subject to a governmental order within the last five years to vacate, condemn, demolish or environmentally remediate the property; or 2) has a building at least 15 years old on the property that has undergone substantial rehabilitation, renovation, demolition, replacement, or removal, subject to the conditions set out by the municipality; or 3) is located in a designated deteriorated area. Since the City's mill rate is 4.5, a total exemption on a $1 million building for one year would be $4,500. The City would have the option of a partial or total exemption of its property taxes. Municipalities have taken different approaches to the exemption. The City and Borough of Juneau has allowed an exemption of up to $20,000 from the value of the property for up to four years for refurbishment of historic property. For example, spending $10,000 on refurbishing a historic building would reduce the assessed value by $10,000. CBJ 69.10.025. Juneau's mill rate is 11.64, so a $20,000 exemption for four years figures out to be' $232.80 x 4 = $931.20. That sort of exemption might not be enough incentive to induce a building owner to expend a significant amount of money for renovations. Sitka has taken a different approach. It has a designated "deteriorated area" (Sawmill Cove) in which manufacturing buildings at least fifteen years old received a partiaI exemption if the Mayor Pat Porter and Councilors February 23, 2005 Page 2 of 2 owners committed to spend at least $2 million dollars on renovating the property. The property was taxed at one mill the first year and rose by a mill every year until it reached five mills in the fifth year. SGC 4.12.025(F). Obviously, that exemption was designed to be an incentive to refurbish a large industrial facility. As you can see, the City would have some flexibility in how it structured an exemption. Please let me know if you have any questions. CRG/sp Attachments 9tlapter 0~. 1U R_bAL AiND t'IZKDUINAL t'KUI"~K 1 ¥ 1A2K ~' I-'age ~; or lo '. year Four 80% Year Rve ~0% Year SixX'~ 00% '~. (C) In order to qualify for this exemption, the c imant must file a ~ written application for the exemption no later than, ~nuary 31 of the first ~ assessment year in the five-year period for w/h' :h the exemption is ~ sought. The application shall be on a form pr¢cl bed by the City and ~ Borough assessor and shall include all il f,,oCmalon and attachments ~specified on the form and any additional or Cupplemental information or ~ttachments required by the assessor. Assembly shall approve all e~e~mptions under this section. Exempti may be granted to property Owrters not engaged in a manufactu g business if the application is acco~t~anied by evidence of a bind obligation to remit the full value of. the ex~m~ption to a manufacturing rise using the property. (D) An"applicant delinquent i. registration for, filing, or payment of any prope tax, sales tax, e ',ise tax, special assessment or utility fee may not be owning p thereafter any property tax, s the exemption unde~ delinquency by an under this subsection. If a person granted an exemption under this subsection in the registration for, filing, or payment of excise tax, special assessment or utility fee, his subsection shall, upon a written finding of the ~ger, be revoked for the following tax year. (E) As use in this (10), "manufacturing" means the mechanical chemical of materials or substances into new produc~ having a character and use. This definition does not include th/e' following activities:~griculture, forestry, fishing, mining,, sand or gravpf production, on-site bu~ing construction, sale primarily to the gener,,af public of products producbkd on the same premises from which they/are sold, the production of worl~ of graphic, folk, or fine art, or the p_,~duction of motion pictures, videogra'l~y, or computer software. ,/(F) This subsection (10) shall expire o~December 31, 2006 provided / that a,y exemption then in effect s_hai! remai~n effect. (Serial No. 79-8,~ 3, 1979; Serial No. 88-22, § 2, 1988; Serial_No. 90N5,.5, § 2, 1991; Ord. 92-14, § 2, 1992; Seri/al No. 92-31,_ § 3, !992; Serial No. 92-45_am_, § 3, 1992; 8e,.riai No. 96-35, § 2, 1996; Serial,No._ 96-48am,_§ 3, 1997; Serial No. 2001-09_, §_2,_ 3,19-2001;%S.,eriai No. 2001-49, § 2, 10-15-2(~1; Serial_No, 2001-52am, § 3, 11-19-200!; S_e_r!a_l NO' 2°01'53'~, §§ 4, 5, 11-23- 2001; S.,~al No._2002-35, §.{} 2, 3' 9-23-2002; Serial No_. _20.0_2-37, .§_2_, Edit r s note: The amendments made by Ordinance 92-.45am at 69.10.020(1 l~hall be repealed on December 31, 2001, provided that any exemptions granted in CBJ 69.'1~0.020(11) then in effect shall remain in effect. State law references: Required exemptions, AS 29.45.030;' ....... optional exemptions and exclusions, AS 29.45.050. 69.10.025 Repair and rehabilitation exemption qualification. (a) An exemption under subsection 69.10.020(5) or subsection 69.10.020(8) shall be http://library6.municode.com/gateway.dll/ak/alaskaJ946/1221 ?f=templatesSfn=document-f... 2/16/2005 Chapter 69.10 REAL AND PERSONAL PROPERTY TAX* Page 9 of 16 in an amount equal to the value of qualifying work as defined and computed in accordance with this section. The exemptions shall be granted only if an application for the exemption is filed with the building official prior to final completion of the work permitted by an applicable building permit and the building official certifies that the work has been completed in accordance with applicable building codes. Applications for an exemption under subsection 69.10.020(6) shall be reviewed by the community development department for determination as to whether the property is "historic property" as defined in subsection 69.10.005. The decision of the community development department may be appealed to the planning commission. The commission shall refer the matter to the historic district advisory committee for review and a recommendation before hearing the appeal. (b) No work shall qualify unless it exceeds a total value of $500.00, a building permit is required for the work, such permit has been issued prior to the commencement of such work, and it is work which is necessary to accomplish one or more of the following purposes: (1) To eliminate a health or safety hazard which has been found to exist by an appropriate governmental agency; (2) To eliminate a health, fire, safety, building or similar code violation; (3) To bring a structure up to health, safety, fire, building, and other similar code standards; (4) For repair and replacement of wornout, obsolete, or deteriorated electrical, plumbing and heating systems; (5) Repair and replacement of roofs, roofing and siding; (6) Energy conservation; (7) Repair and replacement of gutters downspouts, windows, frames, masonry, floors, ceilings, fixtures and similar work which is clearly related to and is done in connection with work under subsections (b)(1) through (b)(6) of this section; (8) Additions or remodeling done to improve or provide accessibility for the disabled; (9) For repair and rehabilitation work done to maintain the historic architectural character and integrity of the building. (c) The value of all qualifying work shall be the value determined by the building official for building permit purposes. If a building permit application includes qualifying and nonqualifying work, the building official shall make a separate determination of the value of qualifying work for the purpose of the exemption. (d) Notwithstanding the requirement that qualifying work must be such as requires a building permit, energy conservation work of a value in excess of that established in subsection (c) of this section shall qualify and the building official shall determine the value of the work without regard to whether a building permit must be issued. (e) A person who contests the value determination of the building official may appeal such d, etermination to the manager within three days of receipt of notice of the building officials determination. The decision of the manager shall be final. A person who accepts a building permit or begins construction for which a building permit application has been made waives all rights to an appeal of the building official's determination of value. , § 4, 1979; Serial No. 90--13, §§ 2, 3, 1990; Serial -Title 4 REVENUE AND P'INANk/P_., _ rage I ut I A. The following property is exempt from general taxation: All properties set forth in AS 29.45-.030(a) through (e) and (1) which are adopted and incorporated herein by reference. B. Exemptions shall be granted and claimed as set forth under AS 29.43.030(f) and (j) which are adopted and incorporated herein by reference. C. Definitions set forth in AS 29.45.030(i) and (m) are also adopted and incorporated hereto by reference. D. If property, or an interest in property, is determined not to be exempt, under AS 29.45- .030(a)(7), reverts to an undeveloped state, or the lease is terminated, the exemption shall be granted, subject to the provisions of AS 29.45-.030(a)(7) and (m). E. All or a portion of the property of an organization not organized for business or profit making purposes and used exclusively for community purposes, may be exempted if income derived from rental of that property does not exceed the actual cost to the owner of the use by the renter. Each optional exemption must receive prior approval by the board of equalization giving consideration to the benefits provided the community by the organization and to the amount of property to be removed from the tax rolls. In order to be considered a community service organization an organization must: 1. Benefit a significant portion of the public; and 2. Not profit persons other than employees; and 3. Oualifv for a federal income tax exemption under 26 USC 501. 7~eter~orate'd property s,,hall haVe a partial exemption, t~'o~mpose~ of this ~ub~eCrioa,~ deteriorated roperty is commercial property, not used for residential purposes located in sawPmill Cove Industrial Park (as shown in Exhibit A) to the ordinanCeS ~ codified in this subsection that: (1) contains one or more structures at least fifteen years old of age that the owner or owners have arranged to spend at least two million dollars to rehabilitate, renovate, or replace; and (2) is dedicated for manufacturing or processing goods that are sold outside the city and borough. To qualify for this exemption, the arrangement for spending must be in the form of either executed financing document(s) or segregated escrow account(s) set aside for the completion of rehabilitation, renovation, or replacement no later than two years after January 1 st of the first tax year for which the exemption is received. Any property owner desiring the benefit of this exemption for deteriorated property must apply in writing to the assessor y November 15th of the calendar year before the January 1st assessment date. For the first year for which an exemption has been applied for in which substantial rehabilitation, renovation, or replacement has occurred during the year immediately before the January 1st assessment date on any such structure as defined in this subsection, the tax rate shall be one-tenth of one percent (one mill), and it shall rise by one mill thereafter until it reaches five-tenths of one percent (five mills) in the fifth year. No property shall receive the exemption described in this subsection for more than five years, and no property shall receive this exemption or any particular rate under this exemption if the owner of such property has bargained away by contract the fight to / , apply for such exemption or such rate. 'The city and borough's power to grant this/ exemption for deteriorated property expires at the close of business on December 3~ld, .~.~~2001 pursuant~to the repeal of the statutory authority effective January 1 ~ G. For all tax years beginning with the 2002 tax year, the senior citizen or disabled veteran exemption set forth in Alaska Statute 29.45.030(e) and (f) may not be granted except upon written application on a form provided by the assessor. The application shall be filed by April 30th of each year. The assembly for good cause shown may waive the claimant's failure to make timely application and authorize http://search.mrsc.org/nxt/gateway.dlVstkamc/sitkaO4.html?f=templatesS fn=stkad°c'frame''' 2/16/2005 C [. N 'r F. R Kachemak Research Reserve Floodplains: Linking Policy and Science Conference March 31-April 1, 2005 University of Alaska Fairbanks Institute for Marine Science Seward, Al( You've been invited to participate in the Floodplains: Linking Policy and Science Conference to be held in Seward, Alaska on March 31 and April l, 2005. This two-day workshop will bring key Kenai Peninsula policy makers and land use planners together with scientists, engineers and policy experts who have been engaged in researching floodplain dynamics and developing workable policies in Alaska and similar areas. This conference is sponsored by the Kenai River Center; Kachemak Bay Research Reserve; Alaska Department of Commerce, Community and Economic Development; Kenai Peninsula Borough Mayor's Office and the Kenai Peninsula Borough Planning Department, with additional sponsorship from the UAF Institute of Marine Science. Y----OOur invitation list is small and targeted. It includes' - City Councils from Homer, Soldotna, Kenai and Seward - Kenai Peninsula Borough Assembly and Planning Commission - Cityand KPB mayors - City Managers, the KPB Planning Director, and selected members of their staffs - City Planning Commission representatives This two-day workshop has been designed to be of practical value to you and your fellow policy makers- to provide information to help you make the best decisions about our complex floodplain management issues. The workshop also will help the scientific community learn about your needs in order to help direct future research and workshop training opportunities [hr you. The first day of the workshop (March 31) will be your opportunity to leam more about floodplain science and policy in Alaska. There will be presentations on' - The hydrology of river systems typical of the Kenai Peninsula - Floodplain mapping - Current FEMA guidelines: what they really mean - Human impacts on floodplain functions - Techniques used to mitigate and manage flooding~both successes and failures - Social and economic impacts of flooding and floodplain development Following each presentation, you'll have an opportunity to ask questions and offer your observations. These presentations will also be open to the general public. That evening, we will have an informal wine and cheese reception at a local hotel, followed by small-group discussion sessions organized by river system type. These sessions were added at the request of some attendees in order to provide more time for area-specific problem-solving. The second day will build upon the first. In facilitated discussions, invited participants will identify key floodplain issues in your communities, discuss ideas for developing local or regional policies, and identify areas that require additional information. This day will be open to. the public in order to comply with Alaska's Open Meetings Law. but there will not be opportunity for public comment. We are excited about the opportunity to bring this pool of scientists and policy experts together with you, the local experts, to talk about practical solutions to the challenges that face communities near floodplains. Your participation is vital to making this workshop succeed. We strongly encourage you to attend all sessions, both days. /'-'~egistration: There is a $12.00 registration fee for this conference. In order for ys to make the necessary hotel and catering arraneements, we would appreciate receix ing [.,..~gistrations no later than Friday, March I You may register by contacting: J an Yaeger Kenai River Center 514 Funny River Road Soldotna, AK 99669 (907) 260-4882 ext. 238 jyaeger~borough.kenai.ak.us Location' The main conference will be held at the Institute of Marine Science (the Ray Building) in Seward. Small-groups sessions may also be held at the Hotel Edgewater. What expenses are covered? Lunches and refi'eshments on March 31 and April 1 Single-occupancy lodging at either the Hotel Edgewater or the Hotel Seward on March 31 (The hotels will not charge extra for double occupancy, so you may bring a guest at no additional lodging cost.) What else is provided? - Informal wine and cheese reception at the Hotel Edgewater on March 31 (Spouses are welcome, but let us know in advance, please!) - All conference materials Special Needs' - All hotel rooms will be non-smoking unless you notify, us in advance. - Please let us know if you have any food allergies or ifyou are a vegetarian/vegan. - Please contact us if there are any other special needs of which we should be aware. Please direct any information about special needs to Jan Yaeger at the Kcnai River Center. She can be contacted at 260-4882 ext. 238 or e-mailed at jyaeger@borough.kenai.ak.us. Tentative Schedule March 31 Presentations on the 9:00 am- 5'30 pm (lurlch provided) Science and Policy of Institute for Marine Science Floodplains ~ March 31 Wine and Cheese I 6:30 pm-7:30 pm ReceptionI Hotel Edgewater March 31 Optional Small Group ] 7:30 pm- 9:00 pm Sessions Hotel Edgewater ... April I Policy Workshop 8:30 am- 5:30 pm (lunch provided) Institute for Marine Science · A detailed agenda will be available closer to the workshop date. For more information, contact' Dr. Rick Foster Education Specialist Kachemak Bay Research Reserve 95 Sterling Highway Homer, Alaska 99603 (907) 226-4653 ri c k_ fo ste r(~ fish game. state, ak.us OR Jan Yaeger Education Coordinator Kenai River Center 514 Funny River Road Soldotna, AK 99669 (907) 260-4882 ext. 238 jyaeger~3borough.kenai.ak.us Floodplains: Linking Policy and Science March 31 - April 1,2005  UAF Institute for Marine Science Alaska Sponsored by the Kenai River Center, Kachemak Bay Research Rese~a2e, AK Dept of Commerce, Comnnmity and Economic Development, Kenai Peninsula Borough and the UAF Institute of Marine Science Name' . Title: Address: Telephone: . .. E-Mail: Dates Attending:, Will you need hotel accommodations on March 317 Y N Are you a vegetarian or vegan? Do you have any food allergies or other special needs of which we should be aware? Do you plan to attend the reception on Thursday evening? Y . N Will you bring a guest to the reception? Y N ... Please return this form with $12.00 registration fee to: Jan Yacger Kcnai River Center 514 Funny River Road Soldotna, AK 99669 Please make checks payable to: Kenai Watershed Forum INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 2, 2005 o , . , . o 2 / 25 / 05 Public Works Department, Project Status Report. 2 / 16 / 05 Governor Murkowski letter regarding the City of Kenai Capital Improvement Project requests. 2/21/05 B.P. Ahlberg letter regarding Project Protect 2005 and requesting $10,000 in the FY06 budget to assist in funding the program. 3 / 1 / 05 KPB Assembly Meeting Agenda. KPB Ordinance No. 2004-36, Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, by Increasing it from $500 to $1,000. KPB Ordinance No. 2005-05, Providing for a Transient Accommodations Tax and Providing for the Submission to the voters of a Proposition Authorizing the borough to Impose this Tax. Project status Report A=Active NC=Non-Construction F=Future STIP=State Trans. Imp KK- Keith Korn, JL- Jack La Shot RS - Robert Springer MK- Marilyn Kebschuil Jet- Jan Taylor A/NC/F/ City Contact Project Nam Sl~ A JL Airport Security Fencing Status Negotiated price reductions. Notice to proceed given for work in May-June. A JL Airport Security System Had final inspection. Training complete. A MK Airport Supplemental Planning Assessment Project awarded to DOWL. Joint Work sessions with consultants planned for 2/15/05 & 3/29/05. A JL Airport Taxiway "H" Access Parking A JL Airport Terminal Modifications May construct next summer as CO to Terminal project. Cat X submitted. Minor items to do. A JL Contaminated Soils- Shop Received ranking for loan fund - could be funded if City chooses to. Reappropriated $151,314. Preparing work plan. Holding tanks for floor drains installed. Will do further tests in spring. A JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. A JL FBO Subdivision Lots 5 & 6 Waiting for council decision to continue. A KK Kenai Boat Launch Improvements Received $350,000 grant. Nelson & Associates are working on the design. A KK Kenai Coastal Trail The Corps study was scheduled to be completed months ago. When it is received, 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. Friday, February 25, 2005 Page 1 of 3 A/NC/F/ CitY Contact s~ A JL Prejeet Name Multi-Purpose Facility Status Organizing tasks for Arctic Winter Games Preparation. A JL Parallel Taxiway Preliminary reviewed. Cat X submitted. Preparing bid documents. A JL Runway Extension Environmental Assessment Preparing request for CAT-X on Taxiway H Access and Parallel Taxiway projects. A KK S. Spruce Wetlands Protection Concrete piles were placed along S. Spruce. Trail from Municipal Park to beach completed but needs some repairs. Landing and rails at top of bluff stairs complete. Signs still need to be installed. Receiving additional funds from USFWS. A JL Senior Kitchen Design underway. A KK Title 17 Review and W & S Regulations Completed revisions to W & S KMC & Regulations. Council wants to review changes in a Council work session. A JL Underground Storage Tank- Airport Received "no further action required" from ADEC. Still need to do annual testing, soil remediation. A KK Wastewater Facility Master Plan This project has been completed. DEC approved GeoNorth's completion date. A KK Water Main WH4 to Swires Nelson working on design. City is working with DEC and Corps. A KK WH 4 Working with DNR on land purchase issues. Evaluating the two pilot test programs on water treatment. Working with DEC on accepting exploration well as production well. F KK Ames & Dunes Road Kenaitze Indian Tribe paving roads with curbs, gutters, and sidewalks. They are going to send City a maintenance agreement Friday, February 25, 2005 Page 2 of 3 A/NC/F/ City Cofl~ll)t F KK Projeot Name Boating Facility Exit Road Status The City is working on possible land trade for an exit road. Received appraisal on the land the City wants. City is having our wetlands appraised for possible trade. F KK Culvert Repairs S. Spruce & Boat Launch Road Have applied for two matching grants from U.S. Fish & Wildlife Service. F JL Maintenance Shop Preliminary plans and specifications complete. F KK McCollum & Aliak, Set Net Dr., S. Ames Rd. LID's These LID projects are on a list for consideration by Council at a later date. Projects on hold until changes made or funding found. STIP KK STIP KK DOT- Bridge Access Pathway DOT- Kenai River Flats Interpretive Site Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles... Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. This is the rest stop and Birch Island Facility near the Warren Ames Bridge. This project has been moved out of the recent STIP time frame. Friday, February 25, 2005 Page 3 of 3 FRANK h. MURKOWSKI GOVERNOR GOV ER N O R@(~OV. STATE. AK. U S STATE OF ALASKA Office of the GOVERNOR JUNEAU JUNEAL FAX 1907) 465-3532 WWW. GOV. STATE. AK. U S February 16, 2005 Mr. Keith Kornelis Public Works Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Dear Mr. Kornelis' I appreciate your providing me with information about Kenai's capital improvement projects. I especially appreciate the city's emphasis on government's basic infrastructure and public safety responsibilities and the willingness of property owners to contribute to road improvements through Local Improvement Districts (LID). As you know, on December 15 I presented the administration's capital budget for Fiscal Year 2006 to the Legislature. It primarily addresses state infrastructure needs and includes $11 million for the Kalifornsky Beach Road. It also includes funding to match several municipal water and sewer projects, but unfortunately Kenai's is not one of them. I checked with the Department of Environmental Conservation and learned that the city's application had not scored high enough when ranked against the applications submitted by other municipalities. Factors that contributed to Kenai's ranking were that a design has not been completed and that no matching funds had yet been identified. Hopefully you'll be able to address these issues and your next application can score higher and fall within the funding available. If not, another option is a low-interest (2.5 percent) loan that is available through the Drinking Water Loan program. At this point the capital budget is in the hands of the Legislature and I look forward to working with Kenai's legislative delegation on how we can best meet the infrastructure needs of the state and the City of Kenai. Mr. Keith Kornelis February 16, 2005 Page 2 Again, thank you for providing the information. You are always welcome to let Susan Davis of my Kenai Office (907-283-2918) know of any concerns or issues you would like her to bring to my attention. Sincerely yours, · Murkowski Governor 21 February 2005 Ms. Linda Snow, City Manager City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Dear Ms. Snow: BOYS & GIRLS CLUBS of the Kenai Peninsula, Kenai Unit 705 Frontage Road, Suite B Kenai, Alaska 99611 e-mail: info @ positiveplaceforkids.com Website: positiveplaceforkids.com (907) 283-2682 (907) 283-8190 fax Thank you so much for the wonderful reception and positive feedback gleaned from the city council meeting Wednesday 16 February 2005. The council's interest in Project Protect validates the community's vested interest in the furore, supporting the youth- driven programs we make available for our children at the Kenai Boys & Girls Club. Summer 2004 marked a sound beginning to a program facilitated and conducted by Kenai's furore community leaders - twenty-two elementary, jr. high and high school students and the Kenai Parks and Recreation Department. These determined kids committed to maintaining and restoring the sand dunes located at the mouth of the Kenai River 1-2 times per week from June 01 to August 31. In the spirit of empowerment, the Project Protect kids not only learned that maintaining the beach is vital but also leamed that the beaches belong to them. It's their sense of place and their sense of ownership that enabled them to speak out to the general public on the beach, across the radio waves and in local newspaper articles about the importance of local, environmental stewardship. What a poWerful statement, as told by children that understand and act upon something that all of us should do. Per Mayor Porter's request, I am submitting the projected operating budget for Project Protect 2005. On behalf of the kids, our organization formally requests consideration from the Kenai City Council to include cost-shared efforts to continue Project Protect. It is our hope that the council will budget the restoration and maintenance efforts in the amount of $10,000. The annual allocation will allow Kenai Club members the opportunity to continue a program in cooperation with Kenai Parks & Recreation Department that will surely strengthen in recognition, collaboration and support each year. In closing, I am excited about the possibilities of Project Protect and what the program can conceivably generate for our community, because one ambitious idea was started by a small group of kids that care. Should you need additional information, please do not hesitate to contact me. grim Ahlberg Executive Director Enclosures The Positive Place For Kids '1~ 0 LU CT) U.I C: Project Protect- Projected Operating Budget Kenai Boys & Girls Club and City of Kenai Parks & Recreation Partnership Work Schedule' June 01 to September 09, 2005 Employee Payroll and Benefits: PP Coordinator @ 25% PP Assistant @ 100% PP Jr. Assistant @ 100% Administration @ 10% Total' $14,421.00 Food Incentives: BBQ for-25 youth @ $3.50/person One BBQ per month @ $87.50 Total: $262.50 Project Supplies: Youth T shirts @ $12.00/person Total: $300.00 Garbage bags (in-kind) Rubber gloves Journal- outdoor tablets Total: $235.00 Transportation: 15 days @ 12miles RT North/South Total: $438.00 Total Est. Operating Cost $15,656.50 Date Beach 6/17/2004 South Beach Pm 6/24/2004 North Beach Am 6/24/2004 North Beach Pm 7/1/2004 North Beach Am 7/1/2004 South Beach Pm 7/6/2004 North Beach Am 71612004 North Beach Pm 7/8/2004 South Beach Am 7/8/2004 North Beach PM 7/15/2004 South Beach Am 7/15/2004 North Beach Pm 7/19/2004 South Beach Pm 7/22/2004 North Beach Am 7/22/2004 South Beach Pm 7/29/2004 South Beach Am 7/29/2004 North Beach Pm ...8/5/2004 North Beach Am / Pm 8/!~2004 south Beach am ..~,/,12/2004 Boys and Gids Club pm Kids. Bags 5 4 1 6 3 0 0 3 1 8 15 10 25 10 18 17 15 13 4 0 Pounds of garbage 154 bags of garbage 15lb. Each bag 154 x 15 = 2310 lb or garbage Average number of kids 11.72 kids a day Pmlnds of garbage per child 2310 / 11.72 = 197 lb Each child collected 197 pounds of trash during project protect Kenai Peninsula Borough March 1, 2005 - 7:00 p.m. Assernbl Regular Meeting Borough Assembly Chambers, Soldoma, Alaska Gary Superman Assembly .President Seat 3 - Nikiski Term Expires 2007 Ron Long Assembly Vice President Seat 6- East Peninsula Term Expires 2006 Dan Chay Assembly Member Seat 1 - Kaliforns~ Term Expires 2006 Paul Fischer Assembly Member Seat 7 - Central Ter," Expires 2007 b. .,.lick As.,~,nbly Member S - Kenai Tet ,., Expires 2005 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 Pete Sprague Assembly Member Seat 4 - Soldotna Term Expires 2007 Ae B® C® De E® F® Ge He ge J® CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS 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. APPROV~ OF MINUTES '1. February 15, 2005 Regular Meeting Minutes ................ 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITlt PRIOR NOTICE (Limit to 20 minutes total) , Central Peninsula Landfill Operations, Cathy Mayer (5 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) REPORTS OF COMMISSIONS AND COUNCILS March 1, 2005 Page 1 of 5 Le MAYOR'S REPORT ................................................... 11 le Agreement and Contracts ae Approval of contract with Clyde Benson for Financial Audit of Tesoro Refinery ............................................ 12 Me 2. Other ae Borough Grant Recipients Report .............................. 13 ITEMS NOT COMPLETED FROM PRIOR AGENDA PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1, Ordinance 2005-04' Enacting KPB 5.08.025 Establishing Guidelines for Service Areas to Borrow Money from the General Fund for Capital Acquisitions (Martin) (Referred to Policies and Procedures Committee) ...... 31 [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.] e Ordinance 2004-19-38.: Accepting an Ambulance from the Southern Region Emergency Medical Services Council, Inc. and Appropriating Matching Funds in the Amount of $7,500 on BehalfofKachemak Emergency Services (Mayor) (Referred to Finance Committee) ............................. 38 [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.] ge Ordinance 2005-05' Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a PropositiOn Authorizing the Borough to Impose this Tax (Glick) (First of Three Hearings) (Referred to Policies and Procedures Committee) .......... 42 [Clerk's Note: A teleconference site will be established at the Kenai Peninsula Borough SewardAnnex Office to receive public testimony on the above ordinance.] March 1, 2005 Page 2 of 5 O® Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Referred to Finance Committee) ............................................... 55 [Clerk's Note: A teleconference site will be established at the Kenai Peninsula Borough Seward Annex Office to receive public testimony on the above ordinance.] Ordinance 2004-19-35: Appropriating $213,956 to the Special Assessmem Fund for West Brook Estate Road Improvement Special Assessment District (Mayor) (Referred to Finance Committee) ............................. 7O Ge Ordinance 2004-19-36: Accepting a $100,200 Grant from the Denali Commission and Appropriating the Grant and Additional Funds of $41,800 to the Solid Waste Department for Burnboxes in Nanwalek and Seldovia (Mayor) (Referred to Finance Committee) ............................. 74 , Ordinance 2004-19-3 7: Accepting and Appropriating a $9,000 Grant from the State of Alaska for a Floodplain Management WorkShop (Mayor) (Referred to Finance Committee) ............................................. 81 ge Ordinance 2005-06' Authorizing the Lease and Sale of Land in the Cooper Landing Area to the Cooper Landing Senior Citizen Corporation, Inc. at Less Than Fair Market Value (Mayor) (Referred to Lands Committee) ........... 86 Ordinance 2005-06 .(Mayor' s) Substitute: Authorizing the Lease and Sale of Land in the Cooper Landing Area to the Cooper Landing Senior Citizen Corporation, Inc. at Less Than Fair Market Value (Mayor) (Referred to Lands Committee) .................................................... 112 UNFINISHED BUSINESS 1. Postponed Items Re Resolution 2005-006: Approving the Construction of Access Through Borough Land to the Cooper Landing Senior Facility as a Road Constmction Project Pursuant to KPB 16.41.190 (Mayor) (Referred to Lands Committee) ....................................... 148 be ..Ordinance 2004-19-28: Accepting and Appropriating a State Grant in the Amount of $75,000 for Construction of a Road to the Cooper Landing Senior Homing Site (Mayor) (Referred to Finance Committee) .............................................. 152 March 1, 2005 Page 3 of 5 P® Q® Re 0 Ordinance 2004-35..'. Amending KPB Chapter 1.12 to Provide For Economic Summaries to be Attached to Proposed Ordinances (Glick) (Referred to Policies and Procedures Committee) ................. 154 NEW BUSINESS 1. Ordinances *a. Ordinance 2004-19-40' Authorizing the South Peninsula Hospital to Redirect $115,000 Previously Appropriated for a Hematology Analyzer to the Purchase of Surgical Equipment and Instruments (Mayor) (Hearing on 04/05/05) (Referred to Finance Committee) .... 157 *b. Ordinance 2004-19-41' Appropriating Funds to Enhance Ice-Making at the Jason Peterson Memorial Ice Rink (Mayor) (Hearing on 04/05/05) (Referred to Finance Committee) ..................... 160 *¢. Ordinance 2004-19-42: Appropriating Funds for the Road Service Area Bruno Bridge Capital Improvement Project (Mayor) (Hearing on 04/05/05) (Referred to Finance Committee) ................... 163 *d. Ordinance 2005-,07_: Amending KPB 5.12.105(A) to Limit the Property Tax Exemption for Senior Citizens, Disabled Veterans, and Surviving Spouses Thereof to $300,000 in Assessed Value (Sprague) (Hearings on 04/05/05 and 04/19/05) (Referred to Policies and Procedures Committee) ..................................... 165 *e. Ordinance 2005-08.' Amending KPB 2.52 to Clarify Procedures Regarding the Records Management System (Superman at the Request of the Borough Clerk) (Hearing on 04/05/05) (Referred to Policies and Procedures Committee) ........................... 168 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS March 15, 2005 07:00 PM Regular Assembly Meeting Soldoma ASSEMBLY COMMENTS March 1, 2005Page 4 of 5 T, PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) le Ordinance 2005-05' Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a Proposition Authorizing the Borough to Impose this Tax (Glick) (Hearings on 03/15/05 and 04/05/05) (Referred to Policies and Procedures Committee) 2~ Ordinance 2004-19-39: Transferring $53,871.48 to the Road Service Area Henry Creek Bridge Capital Improvement Project from Completed Capital Improvement Projects and Awarding the Henry Creek Bridge Project to Covey Emerprises (Mayor) (Heating 03/15/05) (Referred to Finance Committee) U® INFO~TION~ MATERIALS AND REPORTS Ve NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on March 15, 2005, at 7:00 P.M. in the Borough Assembly Chambers, Soldoma, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K2 0 lA O-FM 88.1 (East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in 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- 4 78-4441, Ext. 2160. Visit our website at www. borough, kenai, ak. us for copies of the agenda, meeting summaries, ordinances and resolutions. March 1, 2005 Page 5 of 5' Introduced by: Date: Hearings: Action: Action: Action: Vote: Mayor 10/12/04 10/26/04 & 11/16/04 Postponed until 11/16/04 Amended and Postponed until 03/01/05 I~NAI PENINSULA BOROUGH ORDINANCE 2004-36 AN ORDINANCE AMENDING KPB 5.18.430, SALES TAX COMPUTATION- MAXIMUM TAX, BY INC~AS~G IT FROM $500 TO $1,000 WH]gREAS, KPB Chapter 5.18 provides authority for and specifies the mount of tax to be applied on the first $500 of each separate sale, rent, or service transaction; and WHEREAS, the KPB Sales Tax Code has not been amended to increase the maximum tax computation since the adoption of KPB Ordinance No.9, effective July 1, 1965; and WltEREAS, by increasing the maximum tax computation from the currem .$500 to $1,000, an additional mount of approximately $1.9 million could be generated and used to minimize any future mill rate increases; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 5.18.430 is hereby amended as follows: 5.18.430. Computation---Maximum tax. · The tax shall be applied only to the first [$500.00] $1.000.00 of each separate sale, rem or service transaction, except as otherwise provided in this section. Ae Except as provided below for long-term vehicle leases, the payment of rent, whether for real or personal, property, in excess of [$500.00] $1.000.00 and for more than one month, shall be treated as several separate transactions covering the rental/lease for one month each. Be Services provided on account and billed to the customer on .a periodic basis are subject to application of the tax on a maximum of [$500.00]-$1:000.00 of each billing, per account. For purposes of this section, any advance payment for services other than to a trust or escrow account is considered to be paid pursuant to a "billing," Kenai Peninsula Borough, Alaska New Text Underlined; [D~ TEXT BRAC~] Ordinance 2004-36 Page 1 of 2 Ce Each night's rental of each individual room shall be considered a separate transaction and therefore the maximum tax computation shall be calculated on a per room per night basis. De' Long-term vehicle leases shall be treated as one transaction per year, and per fractional year, of the lease term. The tax paid for any l~action of a year shall equal the tax paid for a whole year. The sales tax for the entire long-term vehicle lease shall be due and collected at the time of the fzrst payment.. Tax shall be calculated at the sales tax rate in'effect on the day the lease is signed. There shall be no refund of such taxes should the lease terminate earlier than on its terms. Any extension of the initial lease term shall be treated as a new long-term vehicle lease. SECTION 2. This ordinance will remain in effect until December 31, 2006. SECTION 3. That this ordinance becomes effective January 1, 2005. ENACTED BY TIlE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. ATTEST: Gary Superman, Assembly President Linda S. Murphy, Borough Clerk Ordinance 2004-36 Page 2 of 2 New Text Underlined; [DELETED TEXT BP,~CKETED] Kenai Peninsula Borough, Aiaska t:eb-l~-05 11~:43 J:ral-City of Semlrd CITY OF' SEWARD RO. BOX 167 SEWARD. ALASKA 99664-0167 2005 Z24-4058 T-BO0 P.O02/O04 F-I:E · Pofk:e (9o?) 224-33~ · Harbor (007) 224-3'l~ ·Flre (gO7) ~.4-..~,~ · 'Engineering (gDT)' · Ut~r6es (9o7) 224.4oso · Fax (0o7) Assembly Pr~idem Gary St, q~:~mm Kenai Peninsula Ass~ly Members F~ KE: ~ 2004-36 Deal- Lindm Enclosed plmse find a copy of Ci~ et'Seward msoh~on 2005-112 ummimm~ly apta'oved at tl~ ~egular ci~ ) meet~g heMFebtua~ 14, 2005, supporting Keaai Peainat~ Botou~ ~ 2004-36 mis~flw sale · $$00 tO S1,000.. As you are aware,, ~ Kelmi PenJnsuh Borough voters approved the impm~ of a sales lax in 1965 on the first $500 of tach sepan~.nle. '['Ms nme S300 in 1965 is mm worth $1,801.70 based oa the eom, um~ ~ i-a~x, f~ ~ md the~ore sh~cl b~ ad~~ for inflafio~ By imrmsing th~ maximum sales ua: ~q:~, ~ is ~ tt~ ~ ~0~i $1.9 zmqlion ~ould be generazed far the Kemi Peninsula Borough as wall as an add/t/om/$181,744 for the City of Seward which would l~p of~et problems cresmd by stat~ budgetary actlom inohdiz~ esc~sdi~ PERS coam'bmiom, lrmally, adoption ofth~ same sales lax c~p by both thc ~ Peninsula Borough and City of Seward would allow me~ba~ to · We ther~ ~ ~ tl~ mamnbly to appt~ orcliam~.e 2004-36 ia ~.to allow us m ~ a ~ c~ J:'hii~.L:, c. Sh=17 hna er c~: M~o~ & Cit7 Co~l · ;e~18-06 16:46 ;rom-City of Seward 224-4038 T-SO1 P.003/004 ;-130 i I. CITY OF ~L'WARD, ALASKA RICSOL~'I'ION 291~12 .... A RF~OLIYrlON OF THE CITY COUNCIL OF 'r~- CrrY OF ORDINANCE 2904-~ RAISING THE SAT.~-~ TAX CAP FROM ~.~, in Oc~bcr, 200g, ~he ICen~ ?ez~da Borough Assembly.~ ~0¢ 2004-36 amcnding 10~ 5.18.430 Sales Tax Compu~~- lv~ximmn Tar,, incrca~ ~. sales mx c~p from $~00 to $1,000; ~ ~:_~g.~, ~~~~ in todays dollars o£the ~00 sales lax cap imp! __~,ra,~ in 1965, is ~ at appmxim~ly $1.801.70, providing st~cicn~ jumificafi~ f~ in~g the · w~v.~, as a Hcn~ Rul= City, th~ City of Seward may increase ~h¢ sales tax c~ whether or not the Kcnai Peninsula Bm~ugh docs, but having ~ tax ra~es is considered problematic for tmsinesscs and the Boroul~ _~,n~ departln~ and the City of Sewmd ~ to awa~ the outcmnc ofthe Bcim~ ~semb~s acdua ~n~B ~ 200~36 begm~ makin~ a w~',r.~-~s; duringthe 200~ Imd~etpt'oce~lt~~~~ ~ Ordinsace 2004-04, proposing ~o raise the sales tax cap from $500 m $1,000; md . comple~ e'~ of State fimd~g for the revmue ~h~E ~mdsafe co/mu~spw~ wh/ch ~ously conm'buted the equ/vaI~ of 3.~ m/Ils of pwp~-y u~x reventm m the City's helping m subsidi~ local ta.,p,,0,,:~a; a~ ~, the CRy of S~ has previousl~ taken action tu addr~s zeducti~ in Sta~e aid and ~,st ~ by increas~ fl~ sales t~x me from 3% to 4% NOW TItEREFORE, BE IT ~OLYED BY ~ c:rr~f COUNCIL OF'£~tE CITY OF SEWARD, ALASKA, ~ Secdonj~ ~ City Council of tho C~ty of Seward, Alas~ suppc~. K~ p_,,,r~!, Ordinance 2004-36, increasing thc sales tax cap ~ $500 to $1,000, and sunnily ~ Assembly appwval of Ordin,mce 2004-36. ' Section 2. This r~sol~on shall ta~e e~ect ;mm_~__;~=l~ upo~ a~ption. 58 _ -- Feb-lo-os 16:45 Fra~=Clty .f Seward ZZ4-4038 T-Bi1 P.OO4/OG4 · ._ F-130 I~ESOLIYTION 200~12 · · AND .~~RO~D by the Ci~ Ce~ of'the City o£ Sewmrd, Alas]m, this 14~ day of Fcbruszy, 2005. NOB: Val~ ABS~: Dmtmm ABSTAIN: None THE. CITY OF SEW~, ~ · · · KENAI PENINSULA EIOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 · BUSINESS (907) 262-4441 FAX (907)262-1892 '~ · MEMORANDUM DALE BAGLEY MAYOR TO° . Pete Sprague, Assembly President Members of the Kenai Peninsula Borough Assembly THRU' l~l.~Dale Bagley, Mayor FROM' tt Holt, Finance Director DATE' September 30, 2004 SUBJECT: Ordinance 2004- ~.~~ amending KPB 5.18.430 Sales Tax Computation- Maximum Tax In 1965 the Kenai Peninsula voters approved the imposition of a sales tax in the borough. This authority is currently implemented in KPB Chapter 5.18, which provides authority for sales tax collection and remittance of sales-tax on all retail sales, rents, and services made or rendered within the Kenai Peninsula Borough. .. KPB 5.18.430 provides authority for the maximum sales tax computation on the first $500.00 of each separate sale, rent, or service transaction. From inception of the Borough's Sales Tax Code, Ordinance No. 9 effective July 1, 1965, the Borough Assembly has not changed the maximum sales tax computation. Based on the consumer price index for Anchorage and the attached memo from Jeanne Camp, KPB Economic Analyst, $500 in 1965 is now worth $1,801.70. By increasing the maximum sales tax computation per transaction from the current $500.00 to $1,000.00, it is estimated that an additional $1.9 million could be generated. These funds could be used to minimize furore property tax increases that may result from decreasing revenue streams. Additionally, the cities within the borough would experience an estimated $1 million increase in revenues. The following table illustrates the estimated revenues from such an increase to the borough and the cities.] ' ' This assumes that the home role cities of Kenai and Seward follow this change. Memo re Ordinance mending KPB 5.18.430 6O Page 1 of 2 .Calendar year Revenue Change 2003 with Proposal Percen~t Municipality Boroughh Revenues Implemented Increase portion Portion_ Homer $7,203,393 $444,381 6.2% $282,786 $161,595 Kenai $6,057,761 $458,768 7.6%' $275,261 $183,507 Seldovia (l&4) $51,020 $2,464 4.8% $1,23.2 $1,232 Seldovia (2&3) $136,224 $10,467 7.7% $7,246 $3,220 Seward $4,580,420 $272,480 5.9% $181,744 $90,736 Soldoma $9,501,576 $420,305 4.4% $252,183 $168,122 Borough $14,601,682 $1,351,521 9.3%' $1,351,521 Total . $42;1322075 ... $2,960,386 7.0% .. $1,0007.452 $1,959,933. Should the Ordinance pass, an effective date of January 1, 2005 is requested irt order for the borough administration to properly notify the public, publish the changes, and develop the necessary documents to properly administer this modification. Additionally, this effective date would ease the transition as it coincides with all filing schedules} including businesses that file armually, and will give the public time to make billing and other adjustments that may be necessary. This ordinance is the same as Ordinance 2004-13, previously considered but not adopted by the assembly. It is presented again for your consideration in light of the anticiPated significant reduction in the borough general fund following final state budgetary actions and adoption of the borough budget. TWo public hearings are requested, including one on shortened time, in order to allow additional oppommity for public comment on this ordinance as it is expected to have a significant effect within the entire borough. Memo re Ordinance amending KPB 5.18.430 Page 2 of 2 FIpr 2:20~ 07:47a p.2. CEDI) - 8626762 To~ Dam: Ed Oberts, Admini~~ve Assistant to the Mayor J~¢ Camp, KPB Economic Anal~ ~. -'.. Xvri122, 20o4 CPI as ii relates to KPB Sa.les Tax Exemption You asked for a~ update to the C~I study tha~ was done seve~ years ago, as applicable to the Sal=s Tax Exemption_ Dttfing 1965, when the exemption was enacted, the CPI for Anchorage was 3 5.3. a~ of 2003, the CPI had irt~~~ to 162.5, a change of I27.2 poir~ or 360.34%. Applying the 360.34% increase to the $500 sales tax exempfio~ an exemption of $1,801.70 is comparable to the $500 exempfi, o~ dudng 1965. AGENDA ITEM CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664-0167 November 5, 2004 · Main Office (907) 224-4050 · Police (907) 224-3338 · Harbor (907) 224-3138. · Fire (907) 224-3445 · City Clerk (907) 224-4046 · Engineering (907)' 224-4049 · Utilities (907) 22,4-4050. · Fax (907) 224-4038 Mayor Dale Bagley Assembly President Gary Superman Kenai Peninsula Assembly Members Through: Linda Murphy, MMC Borough Clerk Kenai Peninsula Borough 14~ N B inkley Street Soldotna, AK 99669 FAXED RE' Ordinance 2004-36 Dear Linda: . ne Seward City cOUncil has requested that I indicate support for passage of Ordinance 2004-36, an ordinance amending 'PB 5.18.430 by increasing the cap from $500 to $1,000. .as you are aware, the Kenai Peninsula Borough voters approved the imposition of a sales tax in 1965 on the'first $500 of each separate sale. This same $500 in 1965 is now worth $1,801.70 based on the consumer price index for Anchorage and therefore should be adjusted for inflation. By increasing the maximum sales tax cap, it is estimated that an additional $1.9 million could be generated for the Kenai Peninsula Borough as well as an additional $181,744 for the City of Seward which would help offset problems created by state budgetary acfiom including escalading PERS contributions. Finally, adoption of the same sales tax cap by both the Kenai Peninsula Borough and City of Seward would allow merchants to more easily report their sales and assist the Borough in collection and administration of the sales tax program. We respeet~lly request your consideration and supPort for increasing the sales cap with an effective date of January 1, 2005 in order to allow us to coordinate a similar change as part of our FY2005 budget preparation. Sincerely, · CITY OF SEWARD }lip C. Shealy :ity Manager cc: Mayor & City Council AGENDA ITEM KENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 M MOKnNO DALE BAGLEY MAYOR TO' Gary Superman, Assernbly President Members, Kenai Peninsula Borough Assembly FROM: ~1,,t~ Dale Bagley, Mayor DATE: November 16, 2004 SUBJECT' Ordinance 2004-36, amending KPB 5.18.430 regarding sales tax computation This amendment would apply the tax cap to attorney services for a single matter where the services are provided for a period of longer than one month. ~ In Section 1, amend KPB 5.18.430(B) as follows: B. l*.xcept as provided below for services provided by attorneys, IS]services provided on account and billed to the customer on a periodic basis are subject to application of the tax on a maximum of [$500.00] $1,000.00 of each billing, per account. For purposes of this section, any advance payment for services other than to a trust or escrow account is considered to be paid pursuant to a "billing." ~ In Section 1, add a new KPB 5.18.430(E) as follows: E. Services provided on account'by attorneys for a single legal matter shall be treated as one transaction per year~ and per fractional year, for the length of time that services are provided regarding the single matter. The tax paid for an.v...fraction of a year shall equal the tax paid for a whole-year. The sales tax for the entire matter for each year shall be due and collected at the time of the first billings each year for that matter until the cap is..reached. For purposes of this secfion~ the. term "legal matter" refers to a single subject or claim for which an attorney orovides legal advice and/or representation for each client who is billed separately b_V the attorney. 64 AGiENDA tTEM t0 RECEIVED' Table 1 illustrates the revenue reduction from a rental exemption: t.{~B Table 1' ~K'S OFFICE Rent Exemption Rent Exemption Total Jurisdiction Ci~ Borough. Rent Ex e m__~__~~ Homer $91,315 $52,180 $143,495 Kenai $117,723 $78,482 $196,205 Seldovia $658 $342 $1,000 Seward $3'7,782 $25,188 $62,970 Soldoma $70,768 $47,178 $117,946 Borough (Outside Cities) $-0- $109,468 $109,468 $318,246 $312,838 $631,084 Table 2 illustrates the net revenue increase from a maximum tax computation increase with a rental exemption: Table 2: Net Revenue Net Revenue Net Revenue Jurisdiction In crease In crease In crease Ci__~ Borough Total Homer $191,471 $109,415 $300,886 Kenai $157,538 $105,025 $262,563 Seldovia $7,820 $4,110 $11,930 Seward - $143,962. $65,548 $209,510 Soldoma $181,415 $120,944 $302,359 Borough (Outside Cities) $-0- $1,242,053 $1,242,053 $682,206 $1,647,095 $2,3 29,301 rather than as an accumulation, stun, or aggregation of prices of separate identifiable or separable unit prices as defined above. For purposes of package tours, every indiv/dual in the tour. will count as a single unit. For purposes of harbor fees and port dockage, each foot or other measurement of length will count as a single unit. (8) Travel and adventure services include, but are not limited to, tours and charters on land and water, guide services, admissions, lectures, transportation services (excluding air transpomfion), and the rental of lodging, aircraft, vehicles, watercraft,~ and equipment, including fishing, boating, camping and other tour or adventure related goods. Travel and adventure services also include sales of goods incidental or related to such sendces. Regardless of the location of any marketing, .brokering, packaging, re-sale, assi~ment, or other arrangement and regardless of the beginning or ending of any other related services the point of delivery of a travel and adventure service is within the city if the ultimate consumer-of the travel and adventure service receives any such service.which begins, ends, or occurs, as described in (c) of subsection (3) above. (Ore ~43~ §~,. 2000: Ord. 1335 §1, 1996: Ord. 1230, 1992: Ord. 1096 §1, 1986; Ord. 1063 §1, 2, 1985; Ord. 984 §I and 2, 1982; OrcL 892 §2, 1978; Ord. 870 §2(t~'t), 1977) ' 3.04.011 Delivery charges. (a) Delivery Charges. Delivery charges for services rendered for delivery of 'any personal property, goods or materials which, delivery services both commence and terminate within the city are subject to sales taxes. Co) Defu~tion. "Delivery charges" means and includes any costs or charges imposed on the sale of freight services, .shipping services, courier services, wharfage services, postal services, excepting postal delivery services rendered by the United States postal service, and any othe: services related to the delivery or lranspomfion of any personal property, goods or.materials of any nature whatsoever. (Or, 9,~ §3,1982) 3.04.012 Emplo.vees/subcontraetors-Sale of services. (a) The remuneration paid by an employer in the form of wages or salary to an employee for the sale of services by such employee to the employer are not taxable under the provisions of this chapter. Sales of services by corn'actors, or subcontractors, and any other type of sale of a service by a person other than an employee are taxable unless specifically exempted. (b) A person shall be deemed to be an employee under the provisions of this chapter if the person claiming to be at employer is withholding a portion of such person's wages or salary in accordance with federal income tax laws and regulations. In the event no amounts are being withheld, it shall be presumed such person is not an employee unless the person claiming to be his employer submits clear and convincing evidence establishing the person's stares as an employee. (Ord. 984 ~4, 1982) · 3:04.013 Multiiurisdi¢fional services. (a) All services which either commence or terminate within the city, or which are in any part rendered, supplied or provided within the city, shall be-subject to sales tax, except as otherwise provided in this chapter. Co) Notwithstanding any other provision herein, air or sea charter services.provided by a person in the business of providing such Charter services which do not both commence 'and. tenmate within the city are exempt from sales tax. (Or~. ~8~ §~, ~82) 3.04.020 Levv. There is levied, and the revenue collector shall collect, a three and one-half percent sales tax upon all rents, retail sales and services in the city except those specifically exempted from the tax by this chapter. (o~ t09s §~, 1986: Ord. 870 §2(part),.1977) 3.04...030 Duty. of seller to collect. The tax levied under the provisions.' of this chapter is primarily upon the buyers of the personal property, rentals, or services, but the tax is payable to the o Chapter 3.04 Page 3 Ketchikan 1/2002 86' February 8, 2005 - CITY OF KENA! .e,w ,4 210 FIDALGO AVE., :SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907'283-7535 ' FAX 907-283-3014 ~ Gary Superman, President Kenai Peninsula Borough 144 North Binldey Street Soldoma, AK 99611 RE* KENAI PENINSULA BOROUGH ORDINANCE NO. 2004-36 - Amending KPB $.I S. 4305ales T~x Computation, Mo.~imum Tax, by ,Increasing it from $$00 to $ I, 000. At its meeting of February 2, 2005, the KenaJ City Council passed the enclosed Resolution No. 2005-03, opposing KPB Ordinance No. 2004-36. As explained in the body of the resolution, if passed.by the Assembly,' the changes in the amount of sales tax on individual sales of $1,000 or more could put businesses located in the City of Kenai at a significant competitive disadvantage to their competition situated outside of the City, as well as having unintended knpacts on sales tax revenues of the City of Kenai. The Kenai City Council encourages the Borough to investigate other potential options of raising revenues and defeat KPB Ordinance No. 2004-36.. CITY OF KENAI Carol L. Freas City Clerk elf Enclosure cc: Linda Murphy, Borough Clerk Suggested by: City Council City of Kenai · RE, SOLUTION NO. :2005-03. A RESOL~ON OF THE COUNCIL OF THE CITY OF KENAI, ALASKA OPPOSING KEN~ PENINSULA BOROUGH ORDIN~CE 2004-36, AN ORDIN~CE AMENDING KPB 5.18.430, SALES TAX COMPUTATION- MAXIMUM TAX, BY INCREASING IT FROM $500 TO $1000. WHEREAS, the Kenai Municipal Code 7.10.050 adopts the Borough 'Sales Tax Code by reference; and, WHEREAS, the primary reason a maximum taxable sale provision is in the sales tax .' code is to pre. rent the sales tax from being a competitive disadvantage to Borough businesses compared to their non-taxable competition from outside the Borough; and, WHEREAS, increasing the max/mum taxable sale from $500 to $1,000 would increase the total tax on a $1,000 sale made reside the City from $25 to $50; and, WHEREAS, the sales tax on a $1,000 sale made outside the City but within the Borough would increase from $10 to $20, which would be $30 less than the same sale made in Kenai; and, WHEREAS, the difference in the sales tax on a $1,000 sale made in Anchorage or via the Intemet, compared to the same sale made within the City. would increase to $50; and, WHEREAS, these changes in the amount of sales tax on individual sales of $1,000 or more could put businesses located in the City at a sigmfic~t competitive disadvantage to their competition Outside the City; and, WHEREAS, raising the max/mum taxable sale from $500 to $1000 may have unintended impacts on sales tax revenues of the City of Kenai; and, WHEREAS, the City of Kenai encourages, the Kenai Peninsula Borough to investigate other potential options of raising revenue. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1' The City Council of the City of Kenai opposes Kenai Peninsula Borough' Ordinance 2004-36, an. Ordinance amending KPB 5.18.430, Sales Tax Computation- Mammum Tax, by.increasing it from $500 to $1000. Section 2; That this resolution be sent to Gmsr Superm~, the President of the Kenai Peninsul~ Borough Assembly through the Borough Clerk for consideration by the Assembly when Ordinance 2004-36 is heard. 68 Resolution No. 2005-03 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2005. PAT PO RTER, MAYO R ATTEST: Ca~i u' -' · - Freas, C~ty Clerk Approved by Finance- (9 / 9. ~ / 2oo4) h~ Introduced by: Date: Hearings: Action: Vote: Glick 02/01/05 03/01/05, 03/15/05 & 04/05/05 ~NAI PENINSULA BOROUGH ORDIN~CE 200S-0S AN ORDINANCE ENACTING I~B CItAPTER 5.19, PROVIDING FOR A TRANSIE~ ACCOMMODATIONS TAX AND PROVIDING FOR TIlE SUB~SSION TO TIlE VOTERS OF A PROPOSITION AUTltO~Z~G THE BOROUGH TO IMPOSE THIS TAX WHEREAS, due to the elimination of municipal revenue sharing, increased tax exemptions, significant increases in expenses including mandated retirement system contributions, insurance costs, and increased overall borough and school district expenses, the borough is considering a variety of measures to keep the borough unreserved general fund balance within the parameters established by Resolution 2001-045; and WHEREAS, several people have suggested that the borough- impose a transient. accommodations tax, otherwise known as a bed tax, to increase tax revenue derived from the many tourists who visit the Kenai Peninsula Borough; and WHEREAS, 'bed taxes are common throughout the State of Alaska and other states in the United States; and WHEREAS, asa bed tax is a form of a sales tax, voter approval is required before the bed tax may be imposed; .NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB Chapter 5.19 is hereby enacted as folloWs: CHAPTER 5.19. TRANSIENT ACCOMMODATIONS TAX . 5.19.010. Definitions. A: For the purpose of this chapter, the following clef'tuitions shall apply unless the Comext clearly indicates or requires a different meaning. 1. "Finance director" means the Kenai Peninsula Borough finance director or the director's designee. Kenai Peninsula Borough, Alaska N~ew Text Underlined_; [DEI..ETED~~ Ordinance 2005-05 Pa~e I r~F R 2. "Guest" means a person who rems a hotel or motel room for a term of less than 30 consecutive days. A person who rems a hotel or motel room for a term of 30 consecutive days or more, which room is used by that person's employees for periods of less than 30 consecutive days each on a rotating basis, is not a guest. 3. "Hotel room" or "motel room" means a structure or part of a structure rented, or offered for rent, for a term of less than 30 consecutive days for dwelling,. lodging or sleeping purposes, but excludes a structure or 'part of a structure rented or offered for' rent solely in connection with a principal business or institutional purpose other than providing meals, lodging, entertainment or recreation; for example, a hospital or university dormitory. 4. "Operator" means a person who offers hotel or motel rooms for rent and to whom rent for a hotel or motel room is payable, 'either directly or through an agent or employee. 5. "Quarter" means any one of the four consecutive, three-month periods in a calendar year, the first of which commences January 1. 6. "Rent" means' a. to rent a room or other accommodation means to obtain the fight to use or occupy the room or other accommodation; and b. a monetary consideration paid to rent an accommodation. 5.19.020. Payment and collection of tax; exemption. A. The borough levies a tax on all accommodations rent payable to an operator and not exempt from taxation under subsection (B) in the amount 'of 8 percent of the accommodations room rent. The guest shall pay the tax to the operator at the time the rent is paid. The operator shall collect the tax when the operator collects the rent. The operator shall state the tax is a separate item on the guest's bill. B. When qualified for exemption in accordance with subsection (C), the following rents are exempt from the tax levied by subsection (A)' 1. rent paid directly by the United States or state of Alaska insofar as they are imm~e from taxation; 2. rent paid by or on behalf of a guest who is an officer or employee of a foreign government who is exempt from taxation by law or treaty; and 3. rent payable' to an operator that is exempt from collecting the tax under this chapter. C. Rent qualifies for exemption under paragraph (B)(3) above if the operator collecting the rent has established its exemption from collecting the tax pursuant to KPB 5.19.025. 5.19.025. Operators exempt from collecting tax. A. When qualified for exemption in accordance with this section, an operator exempt from federal income taxation under 26.USC Sec. 501(c)(3), whose income from Ordinance 2005-05 Page 2 of 8 New Text Underlined; [DELETED TEXT BRACKETED] 43 Kenai Peninsula Borough, Alask~ accommodations rents is not unrelated business taxable income under 26 USC Sec. 512, is exempt from collecting the tax levied under KPB 5.19.020. B. An operator qualifies for exemption under subsection (A) by registering as an operator under KPB 5.19'.030, and presenting evidence satisfactory to the finance director that the United States Intemal Revenue Service has determined that the operator is exempt from federal income taxation under 26 USC Sec. 501(c)(3) and its income from accommodations rents is not unrelated business taxable income under 26 USC Sec.' 512. 5~19.030.' Operator's certificate of regiStration. . A. No person may engage in business as an operator without obtaining a certificate of registration under this section. An operator shall display its. certificate of registration prominently at its registered place of business. B. Application for a certificate of registration shall be made to the finance director. · If an operator engages in. business as an operator at more than one location, the operator shall obtain a certificate of registration for each location. There shall be no charge for issuing a certificate of registration. C. A certificate of registration shall bear the name of the operator, the address of the registered place of business, the operator's'form of business organization, and state whether the operator is exempt from collecting the tax.under KPB 5.19.025. D. If an operator ceases to engage in business as an operator, ceases to engage in business at its registered place of business, changes its .name, changes its form of business organization, or ceases to be exempt from collecting the tax under KPB 5.19.025, its certificate of registration expires. An operator shall surrender an expired · certificate of registration to the finance director for cancellation. 5.19.040. Receipts; segregation. · Title to the rental taxes collected pursuant to this chapter shall vest in the borough upon collection. The taxes shall be segregated by the operator from the funds of the operator or the business entity subject to the tax and safeguarded until transmitted to the borough as provided under KPB' 5.19.050. A separate account shall be maintained for all taxes collected. 5.19.050. Returns; payments; penalties. A. On or before 30 days after the end of each quarter, each operator not-exempt under KPB 5.19.025 Shall prepare and submit to the fin~ce department a remm for the preceding quarter upon forms furnished by the finance department. In addition, the' operator Shall submit, other information and supporting papers required by regulations issued by the finance director. The operator shall sign the reuma and transmit it together with the taxes collected to the finance department on or before the due date. A remm shall be filed even if none of the reported rents were taxable. The remm shall set forth the amount received for: , 2, rents collected for transient accommodations within the borough; the' mount of non-taxable rents collected; Kenai P eninsuia Borough, Alaska New Text Underlined; [D~ TEXT BRACKETED] Ordinance 2005-0~ Page 3 of 8 3. the mount of taxable rents collected; 4. the taxes collected. B. Taxes collected by an operator, as provided bY this chapter, shall be due 30 days after the end of each quarter. If taxes collected by aa operator have not been received by the.f'maace, department on or before the due date, the operator shall incur a penalty equal to 8. percent of the taxes .which' are due and shall be charged interest at the rate of 8 percent per armtm~ for each day the tax is delinquent. C. An operator that has qualified for exemption under KPB 5.19.025 shall report to the finance director in writing any final determination by the United States Internal Revenue Service affecting the operator's exemptiOn qualification with/n 30 days of receiving notice of the determination from the Internal Revenue Service. · . 5.19.055. Involuntary filing, appeal. A. Involuntary return. When aa operator fails to file a remm under KPB 5.19.050, or when the finance director finds that a return filed by an operator is not supported by the records maintained pursuant to KPB 5.19.070, the finance director may prepare and file a remm on behalf of the operator. Taxes estimated on a return filed on behalf of an operator under this subsection may be premised upon any information that is available to the finance director including, among other things, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the taxes stated on the return, as well as the penalties a.nd interest provided in KPB 5.19.050(B) and pursuant to KPB 5.19.100. B. Assessment notice. The finance director shall provide each operator by certified mail, remm receipt requested, or personal service, a notice of assessment which includes the total mount of tax, penalties,, and interest due. The notice shall inform the operator that the operator has ten calendar days from the date of the notice to contest the mount of the assessment and request a hearing in writing. The hearing request shall be made on a form provided by the f'mance department. C. Hearing. If the hearing provided for by KPB 5.19.05503) is requested by the operator, the f'mance director shall notify the operator at least 15 calendar days in advance, by certified mail, remm receipt requested, of the date, time 'and place of the hearing. The operator shall make available for inspection and copying at the hearing all the operator's books and records, which the operator relies on in contesting~ the assessment and the same shall become part of the record. The finance director shall disclose to the operator all the documents or other evidence which the director relied upon ia making the'tax assessment, and the same shall become, part of the record. Healings for more than one accommodation or filing period may be consolidated for the same operation, D. Determination. Within ten calendar days of the hearing the f'mance director shall issue a written decision with f'mdings of fact, setting forth the total mount of tax liability, penalty, and interest. The notice of finance director's f'mal decision shall also advise the operator of the operator's fight to appeal the decision to the superior court within 30 calendar days. Ordinance 2005-05 Page 4 of 8 New Text Underlined; [DELE'rED TEXT BRACKETED] 45. Kenai Peninsula Borough, Alaska E. Appeal. An appeal may be filed pursuant to Part 6 of the Alaska Rules of Appellate Procedure. If the mount of the tax, interest, and penalty is upheld by the court on appeal, the court shall issue a judgment for the amount, plus costs and .attorney fees. F. Collection. If the operator does not pay the tax in full or appeal the assessment, the borough may proceed with a personal action as provided by KPB 5.19.080 and lien as provided by KPB 5.19.085. 5.19.060. Records; confidentiality, A. All returns filed with the borough pursUant to this chapter and all financial data obtained from the returns are confidential and may not be released for inspection by any 'person except the mayor, finance director, borough attorney, internal or external auditor or the assembly; provided, however, that the data may be released upon court order. B. Except as provided in this section, no person may divulge to another any information obtained fi'om a remm filed with the borough or from data obtained from a remm unless the person receiving the information is. a person authorized to review the remm under the terms of this chapter. . C. It is the duty of the finance director to safely keep returns and all financial data taken from the returns secure-from public and private inspection, except as provided by this chapter. . D. This section does not prohibit the .borough from compiling and publishing statistical evidence concerning the data submitted, provided no identification of particular returns or reports is made, nor does-it prohibit the borough from releasing the business names, owners, mailing address and filing status to .the public. "Filing status" means' whether the taxpayer is exempt, non-exempt,, delinquent, or current in payment of the tax. Nothing in this section shall be deemed to prohibit an internal auditor from examining returns, provided that no information obtained from specific or identifiable returns shall be made available to persons other than those authorized to review returns under subsection (A). 5.19.070. Ree°rds; maintenance and inspection. A. An operator not exempt under KPB 5.19.025 shall main~ the following records for the two previous calendar years: 1. all' guest registers and. accounting records reflecting the renting of accommodations for which the operator received rents, and the receipt of rents for the accommodations; and 2. evidence which supports the operator's decision to not collect the tax required · by KPB Chapter 5.19. B. During normal business hours, the finance director may, upon presentation of proper identification, inspect the records which an operator, is required to maintain under subsection (A), or inspect the records of a person whom the f'mance director has probable cause to believe is an operator not exempt under KPB 5.19.025 to determine whether that person is an operator not exempt under KPB 5.19.025. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2005-0~ Page 5 of 8 C. Where the constitution of the-United States or of the state of Alaska requires, the finance director shall obtain aa administrative search warrant authorizing an inspection and exhibit the warrant to the person in' charge of the premises before conducting the inspection. The finance director shall apply to the trial, courts of the state to obtain an inspection warrant, stating in the application the name and address of the premises to be inspected, the authority to conduct the inspection, the nature and extent, of the inspection, and the facts and circumstances justifying the inspection. Warrants issued under this section shall be returned within ten days. 5.19.080. Suits fOr collection. Taxes due but not paid, or taxes collected but not transmitted, may be recovered in an action at law against the transient, guest or the accommodations operator. Tax returns shall be prima facie proof of taxes collected but not transmitted. 5.19.085. Transient accommodations tax liens. A. The finance director may cause the recording of a notice of lien on real and personal property to secure the paymem of a transient accommodations tax, and the interest, penalties, and administration costs in the event of delinquency, where the operator has: 1. failed within 60 calendar days of the end of the filing period from which taxes were due to remit all mounts due; or 2. failed to file tax returns for two consecutive filing periods as required, by the chapter and has failed to request a hearing or has requested a hearing, after which a final order has been issued setting forth the mount of tax, penalty.., and interest owing. If the finance director determines .taxes, interest, and penalties are due after a hearing, the lien may be filed even though the operator takes fttrther appeal, unless the operator obtains a judicial stay. B. Prior to filing a lien, the f'maace director shall cause an additional written notice of intern to file to be mailed to the last known address of the delinquem operator. C. When recorded, the transient accommodations tax iien has priority over all other liens, except: 1. liens for property taxes, other Sales taxes, and special assessments; 2. liens that were perfected' before the reeordirtg of the transient accommodations tax lien for mounts actually advanced before the recording of the transient accommodations taxilien;. 3. mechanics' and materialmen's liens for which claims of lien under AS 34.35.070 or notices of fight to lien under AS 34.35.064 .have been recorded before the recording of the transient accommodations tax. lien. 5.19.090. Prohibited acts. A. A person may not fail or refuse to pay the tax imposed by this chapter when it is due and payable to an operator authorized to collect the tax. Ordinance 2005-05 Page 6 of 8 ,New Text Underlined,; [DELta'ED TEXT BRAC~] 47 Kenai Peninsula Borough, Alaska B. An operator may.not advertise or state to the public or to any guest, or render directly or indirectly that the tax, or any part of it, shall be assumed or absorbed by the operator, or that the tax shall not be added to the rental or that it shall be refunded. An operator may not absorb or fail to add the tax or any part of it, or refund any tax or fail to state the tax separately to the guest. 5.19.100. Penalties for violations. An operator who fails to file a tax remm as required by this chapter shall incur a civil penalty equal to 10 percent of the taxes due to the municipality for each quarter for which a return was not filed as required by this Chapter. An .operator who willfully fails to collect the tax levied by this chapter shall incur a civil penalty of double the tax which should have been collected. A person who violates any of the provisions of this chapter is guilty of a misdemeanor: Civil and criminal penalties shall be considered cumulative remedies and shall not relieve an operator or guest of the duties imposed under this chapter. 5.19'.110. Regulations. The mayor may adopt regulations providing for the application and interpretation of this chapter and providing methods and forms for reporting and collecting the taxes imposed by this chapter. 5.19.120. Refunds. A. The £mance department shall refund to an operator the amount of taxation paid to the finance department for room rentals not subject to taxation under KPB 5.19.020. B. The operator shall apply for a tax refund in writing on'a form provided by the £mance department not later than two years from the date the tax is transmitted to the finance department. SECTION 2. That a ballot proposition shall be placed before election to read as follows: borough voters at the next re~m~lar. pRoPOSITION No. Shall Ordinance 2005-05, providing for the imposition of an 8 percent transient accommodations tax, be ratified?. Yes [-l. No [2 SECTION 3. That Section 2 shall become effective immediately upon the enactment of this ordinance. SECTION 4. That Section 1 of this ordinance shall become effective January 1, 2006, only if the proposition contained in Section 2 is approved by a majority of voters voting in the regular election of October 4, 2005. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACED] Ordinance 2005-05 Page 7.of 8 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. ATTEST: Gary Superman, Assembly Pre"si~ent. Linda S. Murphy, Borough Clerk Ordinance 2005-05 Page 8 of 8 New Text Underlined; [DELETED TEXT BKACm:-r~] 49' Kenai Peninsula Borough, Alaska KIENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 BUSINESS (907) 262-4441 ' FAX (907)262-1892 '~'..~.....,..,, MEM,ORANDUM~, TO°. FROM' DATE: SUBJECT: Gary SUperman, Assembly President Members, Kenai Peninsula Borough Assembly Betty Glick, Assembly Member January 20, 2005 Ordinance 2005-zP~f' , providing for a transient accommodations tax DALE. BAGLEY MAYOR In view of the pending budgetary issues facing the Kenai Peninsula Borough and the ongoing quest for solutions, I am submitting this ordinance for discussion purposes, and for consideration by the assembly as one potential option for increasing revenues. If enacted, this ordinance would authorize a "transient accommodations tax," otherwise known as a "bed tax," of 8 percent on hotel or motel rooms rented for less than 30 consecutive daYs. My research has shown that numerous municipalities throughout Alaska already impose a bed tax. This ordinance is based on the transient accommodations, tax provisions in the Matansuka-Susitna Borough code. Alaska Statute 29.45.670 requires a new sales tax or an increase in'the rate of levy of a sales tax to be ratified by the ;~oters before it may take effect. A bed tax is considered a sales tax based upon case law and therefore must be approved by the voters. The ordinance includes a provision requiring that it be placed on the ballot at the next regular election of October 4, 2005. . . I have asked the legal department to investigate whether a portion of the revenue raised by such a tax can be transferred to the cities in an mount equal to what the cities would have received had they imposed a bed tax, Or whether the cities must impose their own bed tax to receive such funds. It is my intent that, if legally permissible and agreeable by the cities, the ordinance be amended before adoption to provide for a transfer back to the cities of some of the bed tax revenues raised in each city. The intended purpose of this amendment would be to make the bed tax rate the same throughout the borough, both inside'and outside of the cities. Also, the legal department is investigating whether there are statutory limitations on a second-class borough'S ability to .impose the bed tax in addition to the current sales tax. Further, implementation of this tax will create some practical issues for both the borough and affected sellers that will need to be addressed. In order to allow time for full consideration and discussion during the budgetary process, I decided to introduce the ordinance during the February 1, 2005 meeting, and respectfully request that it be scheduled for at least three hearings.. While I recognize that it could not take effect until after the election, in my opinion it provides an option that should be considered now for furore purposes. Your consideration of this ordinance is appreciated. Memorandum .,LEr K S OFFICE To: Gary Superman, Assembly President Members, Kenai Peninsula Borough Assembly Thru: Dale Bagley, Mayor Thru: 'Scott Holt, Finance Director From: Troy L. Tankersley, Acco, u~ti/ng Supervisor Sales Tax Division Date: February 10, 2005 Re: Ordinance 2005-05 "Bed" Tax Revenue and expenditure projections. Ordinance 2005-05 was introduced February 1, 2005. The attached memorandum and schedules provide revenue and expenditure projections, a summation of how these projections were dedved, and a summary of municipalities around Alaska that currently have a sales tax and transient or "bed" tax program. Below is a summary of those projections and findings: Revenue: $1,883,286 Expenditures: $38,302 Net Revenue: $1,844,984 Municipalities reviewed: Municipalities that levy a General Sales Tax: Munidpalities With BOTH a Sales Tax and Bed Tax: · . Effective rate of tax where both a Sales Tax and Bed Tax Programs are administered: *Data from "2003 Municipalities, Class, Populations and Tax Types", January 2004 by Alaska Department of Community and Economic Development 162 95 26 2%- 13% 5'1 Memorandum To: Fmnl~ Date: Re: Scott Holt, Finance Director/~)'~//''"~v~~ Troy L. Tankersley, Accounting Supa,,.r~is,~'r Sales Tax Division February 10, 2005 Schedule A: Ordinance 2005-05 Revenue and Cost Projections Schedule B: Transient/Bed Tax programs with other Alaska Municipalities On February 1, 2005 Ordinance 2005-05 "AN ORDINANCE ENACTING KPB CHAPTER 5.19, PROVIDING FOR A TRANSIENT ACCOMMODATIONS TAX AND PROVIDING FOR THE SUBMISSION TO THE VOTERS OF A PROPOSITION AUTHORIZING THE BOROUGH TO IMPOSE THIS TAX" was introduced to the assembly. Below is a summation of revenue and expenditure projections should a transient tax be implemented in the KPB. Schedule A: This schedule represents the gross sales currently reported via the KPB Sales Tax System, by jurisdiction for hotels, motels and B&B's. Due to multiple types of transactions that may occur (i.e., restaurant sales, bar sales, novelty or gift shop sales, etc.) within a hotel, motel or B&B, several businesses were contacted within each jurisdiction, excluding Seidovia to determine what percentage of sales would be subjected to a bed tax calculation. The "% Adjusted" line represents this adjustment and is subjective in nature. Reducing the Gross Sales by the percentage derives the "Adjusted Gross". This then was multiplied by the proposed 8% for each jurisdiction and added together to dedve a total revenue projection to the KPB in the amount of $1:883.286. Below the revenue projection is an expenditure projection. It is anticipated that a bed tax program would dedve approximately 500 accounts requiring administration and input of documents. I would estimate the equivalent of half a full time position to achieve the level of service required. Other expenditures expected would be postage advertising and.printing. Total expenditures projected: $38~302. Schedule B: This schedule represents municipalities around Alaska that have imposed a sales tax and/or a bed tax. The. schedule.provides the rates of taxation and revenue dedved according to the Alaska Department of Community and Economic Development, for the year 2003, published January 2004. I have contacted several of these municipalities to inquire as to the effective rate of taxation for a one-night hotel stay. The last column reflects these rates and can be seen that a person can expect to pay between 3% and 13% depending on location. It is not uncommon for a transaction to be subjected to both a sales tax and a bed or transient tax. The municipalities that are not reflecting an effective rate have not been contacted. Schedule A BED TAX REVEN~ PROJECTION- ORDINANCE 2005-05 Revenue Projection Homer Kenai Seidovia Seward Soidotna Other Total 'Hotels, Motels, ..: ~4::.~:,.'..,~S~seS~i~.;~:~!¢~;~::. ~:~? 9,693,869 4,198,110 164,969 8,212,481 4,411,708 15383,044 42,064,181 B&B's i'.!.'?~~[ 52% ' 55% .85% 65%i 65% 51%i I , 'i:;~~~[~t~~~;~ 5,040,812 2~08,961 140,224 5338,113! 2,867,610 7,845~52~ 23~1,072 Expenditure Projection Total ,, · ~ .... ~:,:.,~...~..~esean~ ........... i Estimated .5 FTE 28,302 ....~. ~ .... ... . .~.., , ....... ~ ,,.~} ...?;~:~;::$.e~~:~,~;~ P osage, Advising, Pm~, Ufihfi~, em. 7,500 Notes Gross sales extrapulated from the KPB Sales Tax System for the reporting period of 2004 (January I, 2004 through December 2004). 100% of gross ~' : extrapulated from the sales tax system will not be attributable to a bed tax calulation (I.e., restaurant or bar sales, novelty or gift shop type sales). There~ Note 1: an adjustment percentage was determined to reflect a more accurate sales figure to base a bed tax calculation from. This percentage was derived from contacting various businesses around the KPB, and inquired as to the type of sales reported under the KPB Sales Tax System. The percentages are different ~within each jurisdiction, not due to jurisdictional issues but rather the makeup or business activities of the various businesses within each jurisdiction. Note 2: "iApp~oximately 500 bed tax accounts would be administered. ' , Note 3: 'To input returns and administer various requirements of a bed tax system would require an estimate of a .5 full time employee. , ~ Currently, the KPB does not have a software system available to administer a bed tax. Research is being conducted to locate a system update for current and Note 4: : future sales tax needs. Such a system may or may not provide-the ability to administer a Bed Tax. Pomntial cost of sales tax software - $1,500,000. Bed Tax Data for Ord 2005-05.xls,Summary Page 1 53 2/10/2005, 11:40 AM · 0 '~ __ ~ :.~ ..~ ~ ;~;~:~:: ............~ ~ '~.~ .~..~.~0 ":~,~:~,,~: ~ ~-.:f~:' ':~':~' ~ ~' ~ ~~ ~~ ~ ~'i" . ~'~ ~:~; ~ ~,~1 ~ ~ ~FJ~ ~~c ~ ~ ' ~i~ ~__ ~, ~ ~ ~ ~ ~ ':~':;*~,O~:~~ ~ ~..~'~ ~'~ ",4.; :,¢~ i . .. . ,,~ · ~ ...... i i iiii i. iii ' '· ~:~ ~ ~,. ~ ~ ?~ :~ '- ~ ~::~;' .... ~ :~: ~ :..~.-. ~ ;;:.o:~ o. o ~ q ~,:.~:~ ~ :..-, ~ 5.:: ~ ~ ~ ;,~:;: ~,o ~,o.. ~..,~.~.~.~ ~:.~~ ~..~ ,. = = ~ . >~ ~ AGENDA <~')~ ~----~ENAI CITY COUNCIL- REGULAR MEETING ~~-,..'~ MARCH 2, 2005 ,~,-~,.¢¢,// C MBERS KENAI./IDtSKA h ttp://www, ci. k enai .ak. us 6:00-7:00 P.M..' Work session/Title 17 Proposed Amendments. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM F: PUBLIC HEARINGS 1. Ordinance No. 208'1-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others. a. Substitute Ordinance No. 208'1-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ), Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others and Clarifying the Development Requirements Table. 2. Ordinance No. 2082-2005 -- Amending KMC 14.20.290 to Require Notices of Board of Adjustment Hearings be Sent by Certified Mail to the Appellant and Any Applicant for a Permit Being Appealed From at Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After the Filing of the Appeal; and, Updating and Clarifying Other Portions of the Appeal Process. ITEM H: OLD BUSINESS 1. Discussion -- Proposed Soccer Fields (Section 36) Grant Application Update. ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. * Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly ~ of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re-subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision Excluding Evergreen Subdivision Kim Addition From Rural Residential (RR) to Recreation (R). 4. *Ordinance No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General Fund for a Grant for One (1) Traffic Safety Speed/Message Trailer. EXECUTIVE SESSION -- None Scheduled. ITEM P: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www, ci.kenai.ak.us. Carol L. Freas, City Clerk D1754/211 MAKE 28 PACKETS COUNCIL PACKET DISTRIBUT]:ON COUNCT. L MEET~N6 bATE' Mayor/Council Attorney ~ TaYlor/Sprin~.er/Kebschull Clerk ~ City Manager ~- Public Works Police Department ~ Finance / Engineer Senior Cent.e~ ~ Airport -~ Klm Library / Parks & Recreation Clarion Fire Department ~ 5chmidt ~ Mellish VISTA Olson (Mail) KSRM 6overnor's Office/5. Davis ii ii A6ENDA D]:STR]:BUT]:ON Sewer Treatment Plant Streets 5hop bock Building Maintenance Animal Control War er / Sewer Count er DELIVER Council Packets to Police Department Dispatch desk. The Clarion, Davis, KSRM, Mellish & 5chmidt'$ Office will pick their packet up in my office. Mail Representative Olson'$ to 5tare Capitol, Room 1:%0, ,Tuneau (mailing labels in C)¥no Label list). 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:/myfile$/document$/minute$/agenda form for paper)is emailed to Denise at Peninsula ~la~ion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell~acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and ~ hold them in my HTML file. Place them onto the city's web$ite with Dreamweaver from there as soon as possible before leaving the office for the weekend.