Loading...
HomeMy WebLinkAbout2018-02-21 Council Packet KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 21, 2018 - 6:00 PM KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A.CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL CONSENT AGENDA (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B.SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) B.1.Mayor John Williams – Board of Director’s Report to Cook Inlet Regional Citizens Advisory Council Stakeholders and Carport for the Renovated Firetruck B.2.Sean Wedemeyer, Public Works Director, City of Kenai – An Overview of the Wastewater Treatment Plant C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.PUBLIC HEARINGS D.1.Ordinance No. 3006-2018 – Increasing Estimated Revenues and Appropriations by $1,441.42 in the General Fund for the Police Department to Purchase Supplies from Asset Forfeiture Funds Received from the State of Alaska. Ordinance No. 3006-2018.pdf D.2.Ordinance No. 3007-2018 – Appropriating Available Fund Balance to the Multipurpose Facility Capital Project Fund for Facility Improvements Including the Purchase of New Heaters for the Player Benches and Spectator Area. Ordinance No. 3007-2018.pdf D.3.Ordinance No. 3008-2018 – Accepting and Appropriating $1,600.00 from the Kenai Chamber of Commerce and Visitor Center (the Chamber) for a New Camera in Support of the City and the Chamber’s Joint Eagle Camera Project. Ordinance No. 3008-2018.pdf 1 Kenai City Council Meeting Page 2 February 21, 2018 D.4.Resolution No. 2018-11 - Authorizing a Budget Transfer within the General Fund – Fire Department for Overtime in Excess of Budgeted Amounts. Resolution No. 2018-11.pdf D.5.Resolution No. 2018-12 – Approving an Amended Policy to Include Alternatives for the Sale of Ten Specific City-Owned Airport Fund Leased Lands Outside the Airport Reserve with Substantial Constructed Leasehold Improvements. Resolution No. 2018-12.pdf E.MINUTES - None. F.UNFINISHED BUSINESS F.1.Ordinance No. 2993-2017 - Amending Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, to Require Landscaping and Site Plans for All Retention Basins, Commercial, Industrial and Multifamily Development and Land Clearing in Certain Zones in the City and Making other Material and Housekeeping Changes. [Clerk’s Note: This Item was Postponed as Amended to this Meeting from the February 7, 2018 Meeting; A Motion to Enact is On the Floor.] Ordinance No. 2993-2017.pdf G.NEW BUSINESS G.1.*Action/Approval – Bills to be Ratified. Payments over $15,000.pdf G.2.*Action/Approval – Purchase Orders Exceeding $15,000. G.3.*Action/Approval – Non-Objection to Liquor License Renewals for: BPO Elks Lodge #2425 New Peking Restaurant Liquor License Renewals.pdf G.4.*Ordinance No. 3009-2018 – Increasing Estimated Revenues and Appropriations by $63,850 in the Water and Sewer Capital Project Fund for Projects Identified in the FY2018 Budget. Ordinance No. 3009-2018.pdf G.5.Action/Approval – Revise the Beautification Committee Meeting Start Time, Pursuant to Policy, from 7:00 p.m. to 6:00 p.m. Beautification Commission Revision.pdf G.6.Action/Approval – Mayoral Nomination of Freddie Perez for Appointment to the Parks and Recreation Commission. Parks Commission Nomination.pdf G.7.Action/Approval – City of Kenai Letter to Alaska Department of Environmental Conservation in Response to Kenai River Special Management Area Advisory Board Comments. KRSMA Response.pdf H.COMMISSION/COMMITTEE REPORTS 2 Kenai City Council Meeting Page 3 February 21, 2018 H.1.Council on Aging 01-11-18 COA Meeting Summary - DRAFT.pdf 02-08-18 COA Meeting Summary - DRAFT.pdf H.2.Airport Commission 02-08-18 Airport Summary - DRAFT.pdf H.3.Harbor Commission 02-12-18 Harbor Summary - DRAFT.pdf H.4.Parks and Recreation Commission 02-01-18 Parks & Rec Summary - DRAFT.pdf H.5.Planning and Zoning Commission H.6.Beautification Committee H.7.Mini-Grant Steering Committee I.REPORT OF THE MAYOR J.ADMINISTRATION REPORTS J.1.City Manager Mid-Month Reports.pdf J.2.City Attorney J.3.City Clerk K.ADDITIONAL PUBLIC COMMENT K.1.Citizens Comments (Public comment limited to five (5) minutes per speaker) K.2.Council Comments L.EXECUTIVE SESSION - None. M.PENDING ITEMS - None. N.ADJOURNMENT INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review Purchase Orders between $2,500 - $15,000.pdf 3 Kenai City Council Meeting Page 4 February 21, 2018 Cross Inlet Pipeline Extension Project Decision Information Cross Inlet Decision Info.pdf The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. 4 tlre&itya(, KENAl~LASKA "V CITY OF KENAI ORDINANCE NO. 3006-2018 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,441.42 IN THE GENERAL FUND FOR THE POLICE DEPARTMENT TO PURCHASE SUPPLIES FROM ASSET FORFEITURE FUNDS RECEIVED FROM THE STATE OF ALASKA. WHEREAS, in December of 2017 the Kenai Police Department received an asset forfeiture sharing check in the amount of $1,441.42 from the State of Alaska; and , WHEREAS, the Police Department, pursuant to conditions of acceptance, will utilize the funds for law enforcement purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept these forfeiture funds from the State of Alaska in the amount of $1,441.42 to be utilized for a law enforcement purpose. Section 2. That estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues: Forfeitures $1.441.42 Increase Appropriations: Police -Operating Supplies $1.441.42 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision , or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption . New Text Underlined ; [DELETED TEXT BRACKETED) 5 Ordinance No . 3006-2 01 8 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 51 day of February, 2018. ATIEST: Jam ie Heinz, City Clerk Approved by Finance: L ~ BRIAN GABRIEL SR., MAY OR Introduced : February 7, 2018 Enacted : February 21 , 2018 Effective: February 21 , 2018 New Text Underlined; [DE LETED TE XT BRACKET ED) 6 'litff~ «1/th a PaJ'~ Ot'tj «1/th a rat~" 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager:(', 0 ., Dave Ross , Police Chief January 30, 2018 Ordinance No. 3006-2018 -Ordinance accepting and appropriating equitable sharing funds. The City of Kenai currently holds $1,441.42 in Equ itab le sharing funds received from the State of Alaska. The police department receives these funds that are distributed through DPS as a result of asset seizures related to the Statewide Drug Enforcement Uni t. The funds are designated, through the Department of Justice , to be used for law enforcement purposes. I am requesting an ordinance appropriating $1,441.42 into the Ge neral Fund , Po lice-Operating Supplies account to help pay for police supplies . 7 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3007-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING AVAILABLE FUND BALANCE TO THE MULTIPURPOSE FACILITY CAPITAL PROJECT FUND FOR FACILITY IMPROVEMENTS INCLUDING THE PURCHASE OF NEW HEATERS FOR THE PLAYER BENCHES AND SPECTATOR AREA. WHEREAS, $7,709.35 of fund balance is available for appropriation in the Multipurpose Facility Capital Improvement Fund; and, WHEREAS, the $7,709.35 are residual funds from the lighting replacement and indoor turf field schematic design projects; and, WHEREAS, the existing gas fired tube heaters are reaching their projected life expectancy and becoming unreliable; and, WHEREAS, the manufacturer has discontinued the model presently used, thus, making it difficult to service and find replacement parts; and, WHEREAS, the existing model has been replaced and upgraded with a weatherproof, water resistant casing providing better safeguard against moisture. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: Multipurpose Facility Improvements Capital Project Fund Increase Estimated Revenues: Fund Balance Increase Appropriations: Construction $7.709.35 $7.709.35 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rende red , and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED] 8 Ordinance No. 3007-2018 Page 2 of 2 Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption . ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 51 day of February, 2018. ATTEST: Jamie Heinz, City Clerk Approved by Finance: ___ _ BRIAN GABRIEL SR., MAYOR Introduced: February 7 , 2018 Enacted: February 21 , 2018 Effective: February 21 , 2018 New Text Underlined; [DELETED TEXT BRACKETED] 9 'V'/fftije «1/t/i a PaJ't, Ct'tf «1/t/i a h.ttJ?e 11 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai .city MEMORANDUM TO: THROUGH: FROM:~ DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ? D · Robert J. Frates, Parks & Recreation Director January 31 , 2018 Ordinance No. 3007-2018 The purpose of this correspondence is to recommend adoption of this Ordinance appropriating available funds in the Multipurpose Facility Capital Project Fund for a heater replacement project. The five (5) gas fired tube heaters providing radiant heat for the player benches and spectator area are fifteen (15) years old and are reaching their life expectancy. Ignition and start-up of the heaters are becoming increasingly inconsistent due to internal corrosion . Furthermore, the existing heaters used at the rink have been discontinued by the manufacturer and are obsolete. The replacement model is designed specifically for high moisture content areas providing better safeguard against corrosion due to moisture. Thank you for your consideration. 10 Sponsored by : Administration CITY OF KENAI ORDINANCE NO. 3008-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, ACCEPTING AND APPROPRIATING $1 ,600.00 FROM THE KENAI CHAMBER OF COMMERCE AND VISITOR CENTER {THE CHAMBER) FOR A NEW CAMERA IN SUPPORT OF THE CITY AND THE CHAMBER 'S JOINT EAGLE CAMERA PROJECT. WHEREAS, in 2017 the City, with the help of a local resident began streaming live images of a nesting eagle pair; and , WHEREAS , the City subsequently partnered with the Chamber to utilize this live stream to promote the City and local businesses ; and , WHEREAS , the memorandum of understanding between the Chamber and City requi re all expenditures for the project, excluding personnel services , to be reimbursed from any revenue derived with any remaining revenues in excess of operational costs to be divided equally between the City and the Chamber; and , WHEREAS, in order to enhance the quality of the stream , a new camera is be ing proposed which will provide a higher definition picture, superior low light picture and enhance audio capabilities at a cost of approximately $1 ,600 .00; and , WHEREAS , the Chamber anticipates advertising revenue in excess of $1 ,600 .00 and will be providing collected funds to the City to reimburse for the cost of the camera . NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , as follows: Section 1. That estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues : Miscellaneous Revenue $1.600 .00 Increase Appropriations : Non-Departmental -Small tools $1.600 .00 Sect ion 2. Se ve rability: That if any part or provision of this ordi nance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction , such judgment shall be confined in its operation to the part, provis ion , or application directly involved in all controversy in which this judgment shall ha ve been rendered , and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. New Text Underlined; [DE LETE D T EXT BRACKETED ] 11 Ordinance No . 3008-2018 Page 2 of 2 The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part , provision, or application . Section 3. Effective Date: That pursuant to KMC 1.15 .070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of February, 2018 . ATTEST: Jamie Heinz, City Clerk Approved by Finance:~ BRIAN GABRIEL SR , MAYOR Introduced : February 7, 2018 Enacted: February 21 , 201 8 Effective : February 21 , 2018 New Text Underline d; [DELETED TE XT BRA CKETE D] 12 'Vtff ~ «1/t'1 a Paif~ Ct'tt «1/t'1 a Fu.t~ " 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Te lephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai C ity Council Paul Ostrander, City Manager ? c::> . January 31, 2018 Ordinance No. 3008-2018 -Eagle Camera Upg rade Appropriation In 2017 , the City of Kenai began live streaming the Kenai Eagle Cam , capturing a nesting pair of eagles from a nest in the City. The intent of the Kenai Eagle Cam was to increase internet traffic to either the City or the Kenai Chamber of Commerce and Visitors Center {Chamber) websites , highlighting the City and its businesses . In the first year of operations , the Kenai Eagle Cam was successful , particularly considering t hat there was very little time to overcome the technical challenges that came with hosting a live stream that was viewed around the world . In just the first summer of operations, the Eagle Cam was viewed for 2,083 ,618 minutes . This ordinance appropriates $1600 from anticipated advertising revenues collected by the Chamber to purchase a new camera with higher definition, better low light picture capabilities and enhanced aud io. Along with additional anticipated enhancements this year , such as viewer interaction and eagle spec ific information , the camera upgrade will s ignificantly improve the experience for the viewer, increasing internet traffic and exposure to the City. Your consideration is appreciated. 13 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018-11 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND – FIRE DEPARTMENT FOR OVERTIME IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, as of January 30, 2018, the Fire Department has expended 89% of the budgeted overtime for FY 18 due to personnel injuries, Family Medical Leave Act (FMLA), and vacancy of a newly approved position from July 1 to August 10, 2017; and, WHEREAS, Fire Department FY 18 overtime budget calculations were based on an additional employee with a floating schedule to fill vacancies due to leave time, however, this position was not hired until August 10th; and, WHEREAS, to meet minimum staffing levels in the Fire Department, budget transfers are necessary to cover anticipated overtime costs due to mandatory training requirements and shift coverage through March 2018; and, WHEREAS, the Fire Department anticipates an additional appropriation may be needed for overtime expenditures for the last few months of FY18 to cover minimum staffing levels. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the following budget revision is approved: General Fund - Fire Department Decrease Authorized Expenditures: Office Supplies $ 500 Professional Services 14,620 Travel & Transportation 8,500 Advertising 350 Books 980 Miscellaneous 1,500 Total Decreases $26,450 Increase Authorized Expenditures Overtime $19,303 Medicare 384 PERS 5,819 Workers’ Compensation 944 Total Increases $26,450 Section 2. That this resolution takes effect immediately upon adoption. 14 Resolution No. 2018-11 Page 2 of 2 ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of February, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, City Clerk 15 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Jeff Tucker, Fire Chief DATE: February 8, 2018 SUBJECT: Resolution No. 2018 – 11 ____________________________________________________________________________ Council approved the addition of a staffing firefighter position for the Fire Department for FY18. However, due to short fall in funding at the end of FY17, we were not able to conduct testing and the hiring process until the start of FY18. Consequently, that position did not start until Aug.10th. During that time frame the new position could have could have covered 414 hours of overtime expenditures. Reduction in the Fire Department-Overtime budget from FY17 to FY18 was based upon having the position filled for the entirety of FY18. Additionally, we have had 432 hours of FMLA taken by fire department personnel due to medical issues, 3 beautiful new babies, and a workers comp injury. We are anticipating an additional 192 hours of FMLA/W orkers Comp and, an additional 432 hours of mandatory training that will require overtime for medical certifications, and other required training. To reduce the number of responders on a recall and reduce overtime the Department has taken the proactive step to rewrite the recall Standard Operating Guideline in that the company officer will not specify the needed number of responders. As of January 31, 2018 we have expended 89% of the Fire Department-Overtime funds. We have looked at every account within Maintenance and Operations to identify items that can be postponed until FY19, or cut from the current budget to minimize the overall impact to the General Fund. We are requesting the transfer of $26,450.00 from Fire Department-Maintenance and Operations, into the Fire Department-Overtime account. We anticipate this will cover overtime expenditures through March, but will likely need additional funding to cover overtime for the remainder of FY18. 16 Sponsored by: Mayor Brian Gabriel Vice Mayor Tim Navarre Council Member Henry Knackstedt CITY OF KENAI RESOLUTION NO. 2018-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING AN AMENDED POLICY FOR THE SALE OF TEN SPECIFIC CITY-OWNED AIRPORT FUND LEASED LANDS OUTSIDE THE AIRPORT RESERVE WITH SUBSTANTIAL CONSTRUCTED LEASEHOLD IMPROVEMENTS. WHEREAS, the City of Kenai received a Quitclaim Deed through the Federal Aviation Administration (FAA) on December 1, 1963, to nearly 2,000 acres of land subject to certain restrictions, including that no property shall be used, leased, sold, salvaged, or disposed of for reasons other than for Airport purposes; and, WHEREAS, in 2016, the City identified ten specific leases on Airport lands, as identified on Attachment A, that were, or were intended to be outside the Airport Reserve in the very near future, on which the lessees had constructed substantial improvements; and, WHEREAS, the ten leased properties have been, or are available to be released for sale by the FAA; and, WHEREAS, the City Council passed Resolution No. 2016-32, approving and adopting a policy for ten specific Airport owned leased lands on July 6, 2016 to provide an equitable and uniform purchase procedure for the current lessees to purchase the specific ten Airport-owned parcels; and, WHEREAS, since the policy was adopted, none of the current lessees subject to the policy have elected to purchase the property they lease from the City; and, WHEREAS, Administration formed a working group of City staff involved in land management to evaluate and develop recommendations related to the City’s land sale and lease program to encourage growth, development, and a thriving business community through reasonable and responsible land policies and practices; and WHEREAS, an alternative whereby the net present value of the leasehold is partially offset by the economic benefits provided by existing thriving businesses in the City such as job creation, economic activity, and stimulation of the business climate meets these goals; and, WHEREAS, a third alternative that encourages investment in existing businesses on these leaseholds meets these goals as well; and, WHEREAS, it is in the best interest of the City, Airport and lessees to approve an amendment to the temporary policy that provides alternative methods for the sale of these properties consistent with a City-wide land management approach. 17 Resolution No. 2018-12 Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the following policy adopted for the specific ten City-owned leased lands as identified on Attachment A attached hereto shall be amended as follows: POLICY FOR SALE OF SPECIFIC AIRPORT LEASED LANDS Purpose: To implement a policy regarding the sale of Airport owned property outside the Airport reserve currently leased with substantial leasehold improvements. This Policy is intended to provide an equitable and uniform purchase procedure for the current Lessees to purchase the specific ten Airport owned parcels identified in Attachment A. Disclaimer: This Policy does not provide for the sale of any specific property, but only a method for such sale, subject to the Ordinances of the City of Kenai. Any specific sale must be separately approved by the City Council, which may approve or disapprove any such sale, in its sole discretion. It is intended that this Policy remain in effect [FOR A PERIOD OF NO MORE THAN FIVE YEARS] until July 6, 2021, however, it is recognized by the City Council and Administration, and should be recognized by any affected Lessee, that the City Council of Kenai may amend, modify, or rescind this Policy, or applicable City Ordinances which could affect this Policy, at any time. Sale Conditions: A. If a sale is approved by the City Council of any one of the ten specified leased properties, the sales price acceptable to the City shall be one of the following alternatives: i. 125% of [A] the fair market value of the [RAW] land without lessee-constructed improvements as determined by an appraisal[.]; or, ii. The fair market value of the land without lessee-constructed improvements as determined by an appraisal for properties in which minimum development requirements have been met according to the following calculation: Appraised Value of Improvements greater than or equal to four times the Appraised Fair Market Value of the Land ; or, iii. The fair market value of the land excluding lessee-constructed improvements as determined by an appraisal and a minimum new investment in the construction of new permanent improvements on the premises equal to 25% of the fair market value of the land within three (3) years of sale. B. In order for such sale to occur subject to this Policy, the following conditions must be met: 18 Resolution No. 2018-12 Page 3 of 3 New Text Underlined; [DELETED TEXT BRACKETED] 1. Lessee has constructed lease-hold improvements exceeding current appraised value of [AIRPORT] the leased property. 2. Lessee is current with all financial obligations with the City. 3. Lessee will pay the City to perform a survey (if required). 4. Lessee will pay for the City to obtain an appraisal. 5. Property is outside of the Airport Reserve Boundary. 6. Property has been released for sale by the FAA. 7. Property is determined as not needed for a public purpose. [B]C. Any conflicting provision, procedure, law or policy provided in Kenai City Code has precedent over this Policy. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of February, 2018. __________________________________ BRIEN GABRIEL, MAYOR ATTEST: ______________________________________ Jamie Heinz, City Clerk 19 MEMORANDUM TO: Kenai City Council FROM: Mayor Brian Gabriel Vice Mayor Tim Navarre Council Member Henry Knackstedt DATE: February 13, 2018 SUBJECT: Resolution No. 2018-12 – Amending a Policy for the Sale of Ten Specific City-Owned Airport Fund Leased Lands ______________________________________________________________________ In 2016, the City Council passed Resolution No. 2016-32, approving and adopting a policy for City-owned leased lands in a distinct land management group to provide an equitable and uniform purchase procedure for those Lessees to purchase the property they lease from the City at 125% of the fair market value of the land. The ten specific City-owned Airport Fund parcels are located outside the Airport Reserve and the lessees have completed development requirements pursuant to their lease with the City. Resolution No. 2018-12 amends the policy approved and adopted by Resolution No. 2016-32 by providing two alternative methods for the sale of these properties consistent with the City’s new City-wide land management approach. These alternatives encourage investment in existing businesses on leaseholds, avoid land speculation, and recognizes that capital investments made by existing businesses in the City, have created jobs, increased economic activity, and stimulated the business environment. The first added alternative allows for a sale of the land at fair market value to lessees that have met a minimum development requirement. The minimum development is calculated at four times the appraised fair market value of land. Four times the fair market value of the land represents the investment amount that equals or exceeds the net present value of leasing the land by quantifying the economic value of the investment to the City. Building valuation data as published by the International Code Council was also utilized to estimate construction costs to assure that the capital investment required is realistic. For example, land appraised at $100,000 or less requires a minimum development of $400,000. 20 Page 2 of 2 Resolution No. 2018-12 The second added alternative allows for a sale of the land at fair market value with required minimum new investment in the construction of new improvements such as storefront improvements, building remodels, or parking lot improvements equal to 25% of the fair market value of the land within three years of sale. For example, land appraised at $100,000 would require new investment equal to $25,000. Resolution No. 2018-12 also makes minor changes to the policy to clarify appraisal instructions and conditions that must be met in order for a sale to occur so that the policy is consistent with the City Code and land practices. In particular, City land appraisals are performed with the assumption that the land is vacant and unencumbered by the lease, lands deeded to the City by the FAA must be released for sale, and land must be determined as not needed for a public purpose. Like the prior Resolution in 2016, this Resolution does not authorize the sale of any property, but instead establishes a methodology for sale should the lessee desire to purchase the property and Council determine that it is in the City’s best interest to sell the property, 21 ~ •41 ;1~ •• ~-'I"' ]} . .:. I I I I ·I i• .. ) .. .'1: ' ~ll11fJ . ! I .1~ • :~·j.::'' ... _..;.... . : .. ~. .,... . . J .·.: ~ . ..i.. ..... " I 22 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Mayor Gabriel Council Member Molloy CITY OF KENAI ORDINANCE NO. 2993 - 2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER MATERIAL AND HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation and buffers in conjunction with commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, review and update of the City’s landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City’s Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 29, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City’s various 23 Ordinance No. 2993-2017 Page 2 of 7 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, WHEREAS, several recommendations of the City’s committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light Industrial zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in in KMC Chapter 14.25; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 14.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.010 - Intent, is hereby amended as follows: 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial, industrial and multifamily development within the City of Kenai to enhance the community environment and visual character and to provide attractive and functional separation between uses [THE GENERAL PURPOSE OF LANDSCAPING IS TO VISUALLY ENHANCE THE CITY’S APPEARANCE, PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION AND SCREENING BETWEEN USES] and reduce erosion and storm runoff. [(C) FOR PURPOSES OF THIS CHAPTER, MULTIFAMILY DEVELOPMENT MEANS A FOUR (4) OR MORE FAMILY DWELLING.] Section 3. Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 – Landscaping /Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/SITE PLAN FOR LAND CLEARING. FOR PROPERTY COVERED UNDER THIS CHAPTER, SUBMITTAL OF A PRELIMINARY LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE CUTTING WHERE SUCH LAND CLEARING AND/OR TREE CUTTING WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] 24 Ordinance No. 2993-2017 Page 3 of 7 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 – Application, is hereby Amended as follows: 14.25.020 Application. Approved Landscaping and Site Plans are required for the following: [THIS CHAPTER SHALL APPLY TO] (a) All retention basins, [AND] (b) Commercial, industrial and multifamily development, [WITHIN THE CITY OF KENAI AND SHALL APPLY TO BOTH THE LANDSCAPING AND SITE PLANS.] [“COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT” AND “ALL DEVELOPMENT” SHALL BE DEFINED AS ANY LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR IMPROVEMENTS REQUIRING A BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY IMPROVEMENTS OF TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE, WHICH ADDS SQUARE FOOTAGE, AND IS: (1) LOCATED ON PROPERTIES WITHIN THE CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (CG), LIMITED COMMERCIAL (CL), HEAVY INDUSTRIAL (IH), TOWNSITE HISTORIC (TSH), LIGHT INDUSTRIAL (IL) AND EDUCATION (ED) ZONING DISTRICTS; OR (2) A MULTIFAMILY DEVELOPMENT IN ANY ZONE; OR (3) A CHANGE OF USE AS REQUIRED IN KMC 14.20.250(A). IT IS UNLAWFUL FOR ANY PERSON TO CONSTRUCT, ERECT OR MAINTAIN ANY STRUCTURE, BUILDING, FENCE OR IMPROVEMENT, INCLUDING LANDSCAPING, PARKING AND OTHER FACILITIES ON PROPERTY REQUIRING A LANDSCAPE/SITE PLAN UNLESS SUCH IMPROVEMENTS ARE CONSTRUCTED OR RECONSTRUCTED IN A MANNER CONSISTENT WITH THE APPROVED PLAN.] (c) Land clearing. (d) Properties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception: (1) structures identified as a commercial occupancy in title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a). Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 – Landscaping/Site Plan - Submittal requirements, is hereby amended as follows: 14.25.030- Landscaping/[S]Site [P]Plan-Submittal [R]Requirements. One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches (17″) size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and 25 Ordinance No. 2993-2017 Page 4 of 7 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (1″) equals twenty feet (20′) and shall include the following information: (a) Scientific or common name or type of planting materials to be used in the project; (b) Typical planting details; (c) Location of all planting areas and relationship to buildings, parking areas and driveways; (d) Identification and location of existing vegetation to be retained; (e) Identification and location of non-living landscaping materials to be used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage (j) When Storm W ater Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 – Landscaping Plan - Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]Plan—Performance [C]Criteria. [INTENT. LANDSCAPING REQUIRED UNDER THIS SECTION IS INTENDED TO ENHANCE THE COMMUNITY ENVIRONMENT AND VISUAL CHARACTER AND TO PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION TO PROVIDE VISUAL AND SOUND SCREENING BARRIERS BETWEEN USES.] (a) 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 amounts will provide the best results. Perimeter, interior, street right-of- way, and parking lot landscaping must be included as components of the overall landscaping plan. (b) 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. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping adjacent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: (1) Landscaping Beds. Minimum in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. 26 Ordinance No. 2993-2017 Page 5 of 7 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (2) Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease, the following requirements must be used to meet the intent of this chapter: (A) Combination of shrubbery and trees; and/or (B) Fencing. A six-foot (6′) high wood fence, [OR] masonry wall fence or other fence material of similar screening and structural character shall be required only to meet screening of the developed portion of the property. Sections of the fence must be no longer than twenty-five feet (25′). Sections must be off-set a minimum of four feet (4′) so as not to impede the movement of wildlife. (3) Ground Cover. One hundred percent (100%) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (c) 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. (d) 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 purpose of improving vehicular and pedestrian circulation patterns. (e) 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. 27 Ordinance No. 2993-2017 Page 6 of 7 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (1) Landscaping Beds. Minimum of ten feet (10′) 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. One hundred percent (100%) ground cover of the landscaping bed within three (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. (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 – Expiration, is hereby amended as follows: 14.25.080 Expiration. If [CONSTRUCTION OF] the project has not started within one (1) year of approval of the landscaping/site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) days’ notice unless extended for good cause. Section 8. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 – Penalties, is hereby amended as follows: 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, cut trees, construct, erect or maintain any structure, building, fence or improvement, including parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 9. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 – Landscaping, is hereby amended and renamed as follows: 14.25.100 Definition [—LANDSCAPING]. (a) “Land clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, “Land clearing.” (b) “Landscaping” means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. 28 Ordinance No. 2993-2017 Page 7 of 7 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (c) “Commercial, industrial and multifamily development” for purposes of this Chapter means any commercial or industrial improvements, requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage, and is: (1) located on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), and Education (ED) zoning districts; or (2) a multifamily development in any zone; or (3) a change of use as required in KMC 14.20.250(a). (d) “Multifamily development” for purposes of this Chapter means a four (4) or more family dwelling. Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of February, 2018. ___________________________________ BRIAN GABRIEL, MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: December 6, 2017 Public Hearing: January 3, 2018 Postponed to: February 7, 2018 Postponed as amended to: February 21, 2018 Effective: March 23, 2018 29 rl!/ff ate «1/th a Po.if~ Ct'tf «1/th a Fat~ " 210 Fidalgo Ave, Kena i, Alaska 99611-7794 Telephone : (907) 283-7535 I Fa x: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: Mayor Brian Gabriel and Kenai City Council City Attorney, Scott M. Bloom ! 6 November 30, 2017 DATE: SUBJECT: Ordinance No. 2993-2017 This memorandum provides a sectional analysis of the changes proposed in Ordinance 2993- 2017. 1. 14.25.010-lntent, is amended in subsection (b) to provide that the intent of landscape plans is to enhance the community environment and visual character and to provide attracti ve and functional separation, providing visual and sound screening barriers or buffers between uses and reduce erosion and storm runoff. Th is intent language replaces the following: "the general purpose of landscaping is to visually enhance the city 's appearance, provide attractive and functional separation and screening between uses ." Subsection (c) is deleted , as the definition of "mul ti -fa mily" is newly included in the definitions section (14.2 5.100). 2. 14.25.015-Landscaping/ Site Plan for Land Clearing , is deleted in its entirety. Rather than requiring a landscape/ site plan for clearing that remo ves more th an 20 percent of the natural vegetation, the proposed ordinance requires a land scape/ site plan for all land clearing within certain zones for commercial , industrial and multifami ly development as provided in 14.25.020 and the definitions section . 3. 14.25.020-Application, is amended to requ ire a landscape/ site plan for all re ten tion basins , commercial and multi-family development, and land clearing with in certa in zones as pro vi ded in the definitions section (except for residential development of a th ree famil y dwelling or less ). 4 . 14.25.030-Landscaping/ Site Plan-Submittal Requiremen ts, is amended by adding subjection U) which requires submittal of a Storm Water Pollution Prevent ion Pla n to the Planning Department when such a plan is required by the Alas ka Department of Environmental Conservation. 5 . 14.25.040-Landscaping Plan-Performance Criteria, is ame nded to delete the in tent language w hich is previously covered in 14.2 5.010 . Subsection (b )(2 )(B) is amended to allow for greater diversity in fencing materia ls other than wood or masonry. Subsection(b)(4) is amended to specify that planted trees and shrubs in landscaping beds must be a stock rated as hard y fo r the United States De partment of Agriculture Climatic Zone 3 as well as meet other specific criteria as defined in the American Stan da rd for Nursery Stock, ANSU Z 60 .1, lates t ava ilab le edition , American 30 Page 2 of 2 Subject Nursery and Landscaping Association. Changes also include encouraging contact with the Alaska Cooperative Extension Service and discourag ing the planting of invasive species . 6. 14.25.080-Expiration , is amended to require that the proj ect be started in one year from approval of a landscape/ si te plan , as opposed to "construction " of the project because land clearing itself requires the plans , but does not necessaril y entail any "construction." 7. 14.25.085-Airport Light Industrial , is a newly enacted section t o specific that plans are only required in the ALI Zone on parcels that the public has access to and are not requ ired on portions of lots containing runway or apron space . This section further specifies that FAA requirements and regulations , the Airport Master P lan and Airport Layout Plan take precedent over any landscape/ site plan requirements. 8 . 14.20.090-Penalties, is amended to define the prohib ited conduct, i.e . land clearing or const ru ction without or not in comp liance with an approved plan, but does not change the existing penalty provisions for the chapter which refer back to the enforcement procedures and penalties in the City 's Zoning Code , Chapter 14.20. 9 . 14.25.1 00-Definitons , is amended by changing the title from "Landscap ing " to "Definitions." A new definition of "land clearing " is added. This new definition defines land clearing as tree cutting or removal of trees and other established vegetation, other tha n cutting of dead trees for firewood or fire protection within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG ), Limited Commerc ial (CL), Hea vy Industrial (IH), Townsite Historic (TSH), Light Industria l (IL ), Airport Light Industrial (ALI) and Education (ED) zoning districts, except for purposes of construction of three family or less dwellings. By virtue of this definition and prior amendments in the ordinance, all land clearing is prohibited without first obtaining a landscape / site plan. A definition of "Commercial, industrial and multifamily development" is also added to the definitions. Commercial and industrial development is defined as improvements requiring a building permit for new construct ion or any improvements of twenty thousand do llars ($20,000.00) or more, which adds square footage in the Central Commerc ial (CC), Central Mi xe d Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Towns ite Historic (TSH), Light Industrial (IL ), Airport Light Industrial (ALI ) and Education (ED) zoning districts. Multifamily dwellings in all zo nes , defined as a four or more family dwelling require plans, as well as change s of use as requi red in KMC 14.25.250(a). 31 "Vtl/a3e with a Past, City with a Future" 210 Fidalgo Ave nue, Kena i, A laska 99611-7794 Te lephone: 907-283-7535 /FAX: 907-283-3014 www.kenai.city MEMORANDUM TO: FROM: Council Members Boyle, Glendening, Knackstedt, Navarre, Pettey, & Student Representative Gilman Mayor Gabriel & Council Member Molloy November 28, 2017 DATE: SUBJECT: Ordinance No. 2993-2017, Amending KMC Chapter 14.25 Landscaping/Site Plan Regulations Review and update of the City's landscaping and site plan ordinance was included in the City's Comprehensive Plan Update 2016, in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use. This review and update began as a draft ordinance that Council referred to the Planning & Zoning Commission and Airport Commission for review and recommendations. The draft ordinance was also referred to the Harbor Commission, Parks & Recreation Commission and the Beautification Committee. During the Commissions-Committee rev iew process, Council enacted Ordinance No. 2960-2017 on June 7, 2017 (sponsored by Council Members Glendening and Knackstedt). That ordinance amended KMC 14.25.020 Application to prohibit land clearing of more than 20 percent of the lot's existing trees , shrubs, or natural vegetation cover without there first being an approved Landscaping/ Site Plan, even when a building pennit is not required for development. This ordinance further amends KMC 14.25.020 Application, to prohibit all land clearing of the lot's existing trees , shrubs, or natural vegetation cover without there first being an approved Landscaping/ Site Plan. The C ity Planner's memo dated 9/27 /17 , summarizing the comments/recommendations of the Commissions and Committee, and presenting the City Planner's recommendations, i s included in this packet. Regarding that memo , we included in this propo sed ordinance some, but not all , of the recommendations from the process of the Commissions-Committee review. We did include in this ordinance the following reconm1endations: (1) Limit landscaping and landscaping/site plans on lots zoned Airport Light Industrial (ALI) to areas on the lots that the public has access to (parking lots, dri veways , sidewalks, etc.), and not require landscaping or site plans on runway or apron portions oflots; (2) Incorporate language that prohibits or discourages planting of in vasive s pecies defined by the Alaska Cooperative Extension Service. 32 2 (3) Add language on hardiness of species for planting; (4) Incorporate language that a ll ows some fl exibi lity on type of fencing other than six-foot (6') high wood fence or a masonry wall fence; (5) Add Central Mixed Use zo ning district. We did not include in this ordinance the following recommendations; (1) Include lighting requirements similar to ALI ; (2) Include Residential Zoning; (3) Include requirements fo r fire protection around homes and businesses; ( 4) In corporate language that promotes fire protection in the wi ldl and/urban interface as en couraged by the Firewise Communities/USA program ; (5) Incorporate language that requires residential app lication for Spec Home development; (6) Add residential development for new single-family and multi-family development; (7) Add residential development as a definition; (8) Completely exempt Airport Light Industrial Zone. Central M ixed Use and Airpo rt Light Industrial Zones are proposed to be added to the scope of coverage, but not any re sidential zones, (although multifamily de velopment -regardless of zo ne - is included in the scope of coverage, as it has been ever since the original ordinance was enacted in 2006). Special prov isions were added in order to address the Commissions-Committee's recommendations on the ALI Zone, in proposed new code section KMC 14.25.085 Airport Light Industrial. The City Attorney's updated memo, presenting a sectional anal ys is of each of the sponsors' recommended chan ges to KMC Chapter 14.25, is includ ed in thi s packet, so that memo presents th e specifics of a ll recommended changes. We respectfull y request Council 's support of this ordinance. 33 TO: FROM: DATE: SUBJECT: 'Vtfl'~ «1/t/r, a Pa~~ Ot'tj «1/t/r, a !"at~ 11 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city Mayor Brian Gabriel and Council Member Molloy Matt Kelley, City Planner September 27, 2017 Ordinance Amending Landscaping and Site Plan Regulations At their meeting of March 1 , 2017, the City Council referred a d raft Ordinance amending Landscapi ng and Site Plan Regulations to the Planning & Zoning Commission and Airport Commission. Staff held a Work Session with the Planning & Zoning Commiss ion on March 29, 20 17 to discuss the proposed Ordinance and received the following comments I recommendations: a. Review past Ordinances to see if Land Clearing required a Landscape Site Plan and see if it was later removed from the Ordinance by the City Council. b . Look at lighting requirements in Airport Light Ind ustrial Zone and see if they should apply to landscaping on commercial and industrial zoned parcels. c. Look at Residential Zoning to see if landscaping site plan regulations should apply to new construction. Soldotna has landscaping requirements for new construction in their landscaping ordinance . Look at other communities as well (Pa lm er, Wasilla , Homer, and Seward). d . Look at requirements for fire protection around homes and businesses. Talk with Fire Marshal and State of Alaska Di vision of Forestry and Borough. e. Look at airport and consider having landscaping for new development only apply to areas that the public has access to (parking lots, driveways , sidew alks, etc.) Not require landscaping on the runway or apron portion of lot. f. Give the draft Ordinance to other Commissions and Committees as informationa l or discussion item for their comments. (Airport , Parks & Recreation , Beautification , Harbor). Staff attended the regular meeting of the Airport Commission to discuss the proposed Ordinance and how it would pertain to those parcels , which are zoned Airport Light Industrial (A LI ). Staff discussed with the Commission , that a developer who is constructin g new improvements on the Airport, would be required to add landscaping pursuant to the proposed Ord inance. 34 Page 2 of 3 Ordinance No. 2977-2017 Memorandum Staff suggested to the Commission, that landscaping on parcels zoned ALI could be limited to only those areas, which are accessible by the public. This would include, but not limited to , parking lots, side yard, walk areas, front areas adjacent to roads, and other similar areas, which the public would have unrestricted, access. In addition, other amendments could include limiting the height of landscaping so than an obstruction to aircraft would not be created. After discussion, the Airport Commission unanimously voted to recommend that the proposed Ordinance amending the Landscaping and Site Plan Regulations exempt the Airport Light Industrial Zone . Staff attended the Harbor Commission meetings of July 10, 2017 and August 7 , 2017 . Staff discussed the Commission how Landscaping and Site Plans are currently required for parcels zoned both Heavy and Light Industrial. Furthermore, staff discussed that the proposed Ordinance would apply to the clearing of parcels of trees and vegetation with no development plan . After discussions with the Harbor Commission, they voted to recommend that the City Council approve the proposed Ordinance. Staff attended a Special Joint Meeting of the Parks & Recreation Commission and the Beautification Committee to discuss the proposed Ordinance and received the following comments I recommendations: a. Invasive Species -incorporate language that prohibits or discourages planting of invasive species defined by the Alaska Cooperative Extension Service. b. Fencing -incorporate language that allows some flexibility on type of fencing other than six-foot (6') high wood fence or a masonry wall fence. c . Fire Safety -incorporate language that promotes fire protection in the wildland/urban interface as encouraged by the Firewise Communities/USA program. d . Spec Homes -incorporate language that requires residential application for Spec Home development. At their Special Joint Meeting, the Parks & Recreation Commission and the Beautification Committee voted to recommend that the City Council approve the proposed Ordinance, with the above recommendations . Staff Recommendations After reviewing the above-discussed recommendations by the Planning & Zoning Commission, Airport Commission, Harbor Commission , Parks & Recreation Commission and Beautification Committee staff would like to offer the following recommendations for possible inclusion into the proposed Ordinance. a . KMC 14.25.040 -Landscaping Plan -Performance Criteria a. Consider adding the following language: Hardiness -Kenai generally lies within the United State Department of Agriculture climatic Zone 3 . All trees, shrubs, or other vegetation in the required landscaping shall be of a stock rated as hardy for this Climate Zone. 35 Page 3 of 3 Ordinance No. 2977-2017 Memorandum It is not the intent of this title to require the use of individual species ; howeve r, property owners are encouraged to understand the local climate and to use p lant species to be hardy. Property owners discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plan t species which are appropriate to this Climate Zone . In all cases , the plant materials shall be living and free of defects and of norma l health, height, and spread as defined by the American Standard for Nursery Stock , ANSI 260.1, latest available edition , American Nursery and Landscaping Association . b . KMC 14.25.020 -Application a. Consider adding residential development for new single-family and multi-famil y development. c . KMC 14.25 .100 -Definition a . Consider adding residential development as definition. b. Consider adding Central Mi xed Use zoning District. c. Consider not requiring Landscaping Site Plans fo r Airport Light Industrial District. Thank you for your consideration. 36 14.20 .065 Airport Light Industrial Zone (ALI). http://www.qcode.us/codes /kenai /view .php?topic= 14-14_20-l 4_2 ... l of 2 Kenai Municipal Code YI> Pre~ious ,Mext Title 14 PLANNING AND ZONING Chapter 14 .20 KENAI ZONING CODE Main 14.20.065 Airport Light Industrial Zone (ALI). ~a rch f.rint No Frames (a) Intent: The ALI Zone is established to protect the viability of the Kenai Municipal Airport as a significant resource to the community by encouraging compatible land uses, densities and reducing hazards that may endanger the lives and property of the public and aviation users. Industrial and Commercial uses which are usually compatible with aviation users are permitted which have no nuisance effects upon surrounding property, or which may be controlled to prevent nuisance effects upon surrounding property. New residential uses are not permitted in this zone because it is intended that lots classified in the ALI Zone are reserved for aviation-related commercial and industrial uses. (b) Principal Permitted Uses: Necessary Aviation Facilities and as allowed in Kenai Municipal Code Section 14.22 .010 -Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter and Kenai Municipal Code Section 14 .20.150. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations : Not Permitted. (f) Development Requirements: (1) No use shall be conducted in a manner which is noxious or injurious to nearby properties by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substances or conditions, provided that the restriction against noise shall not apply to uses located within two thousand (2,000) feet of the airfield runways. (2) No outdoor open storage shall be located closer than twenty-five feet (25') to the adjoining right- of-way of any collector street or main thoroughfare. (3) Wherever an Airport Compatible Use abuts or is separated by an alley or street from a residential zone, the use or building in the ALI Zone shall be screened by a sight-obscuring eight-foot (8') high fence or vegetation of good appearance acceptable to the City of Kenai. ( 4) No use shall be made of any land that will cause interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. (5) No use, building or structure shall emit emissions of fly ash , dust, vapor, gases or other forms of emissions that may conflict with any planned operations of the airport or aircraft. (6) All exterior lighting shall be installed in such a manner that will not shine light or allow light glare to exceed the boundaries of the parcel on which it is placed. All exterior lighting shall be positioned so that it is downcast and shielded. These requirements shall not apply to lighting which is installed for the purposes of aiding in aircraft navigation as required and approved by the Federal Aviation Administration. (7) No use shall be permitted that would foster an increase in bird population and thereby increase the likelihood of a bird-impact problem as defined under the most recent Federal Aviation Administration 150/5200 Advisory Circular (AC), "Hazardous Wildlife Attractants on or Near Airports." (8) No structure, device or other object shall be placed or erected that makes it difficult for pilots to 1/31/18 11:06 AM 37 14.20.065 Airport Light Industrial Zone (ALI). http://www.qcode.us/codes/kenai/v iew.php?topic= 14-14_20-l 4_2 ... 2of 2 distinguish between airport lights and other lights , results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off or maneuvering of aircraft. (9) Except as necessary and incidental t o airport operations, no building, structure or object of natural growth shall be constructed, altered, maintained, or allowed to grow so as to project or otherwise penetrate the airspace surfaces as defined by the Federal Aviation Administration in : Federal Aviation Regulation (FAR) Part 77, "Safe, Efficient Use and Preservation of the Navigable Airspace"; and under the most recent Federal Aviation Administration Order 8260.3, United States Standard for Terminal Instrument Procedures (TERPS) as shown in the City of Kenai Airport Master Plan and on the City of Kenai Airport Layout Plan. ( 10) Construction of any and all buildings, structu res, or any obstruction s, whether permanent or temporary shall be subject to filing a "Notice of Proposed Construction or Alternation" as required under Title 14, Code of Federal Regulations, Part 77 , of the United State Code. ( 11) Other uses or activities determined to be incompatible with aviation and aviation safety as determined by the City Manager the final decision of the City Manager may be appealed to the Board of Adjustment as provided in Kenai Municipal Code 14.20.290. (12) Additional Requirements in Development Requirements Table. (g) Parking Requirements: As required by this chapter and Chapter 21.05 -Airport Administration and Operation . (Ord. 2884-2016) View the mobi le version . 1/31/18 11:06 AM 38 CITY OF KENAI ORDINANCE NO. 2960-2017 Sponsored by: Council Member's Knackstedt and Glendening AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.25.015-LANDSCAPING/SITE PLAN FOR LAND CLEARING, AND KENAI MUNICIPAL CODE 14.25.020-APPLICATION, TO PROHIBIT LAND CLEARING OF MORE THAN TWENTY PERCENT OF A PARCEL WITHOUT AN APPROVED LANDSCAPING/SITE PLAN . WHEREAS , Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and , WHEREAS , landscaping plans provide for landscaping and/or the retention of natural vegetation for commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation , provid ing visual and sound screening between uses, and reducing erosion and storm runoff; and , WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS , amendments to KMC Chapter 14.25 are needed to ensure that landscaping and site plans are approved prior to land clearing that will result in removal of more than 20% of existing trees , shrubs or natural vegetation even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans ; and, WHEREAS, while a more comprehensive review of KMC Chapter 14.25 is being conducted by the Planning and Zoning Commission , as well as other City commissions, this Ordinance is needed at this time to prohibit land clearing without a landscape/site plan during this construction season . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 -Landscaping/site plan for land clearing , is hereby amended as follows : 14.25.015 Landscaping/[S]~ite [P]flan for [LJ.band [C]~learing. For property covered under this chapter, submittal of a prelim in a ry landscaping/s ite plan and approval by the administrative official is required prior to any land clearing and/or tree cutting where such land clearing and/or tree cutting [REMOVAL] will resul t in removal of [LESS] more N ew Text Underlined: !DELETED TEXT BRACKETED) 39 Ordinance No. *-2017 Page 2 of 2 than [TWENTY-FIVE PERCENT (25%)] twenty percent of the lot~ [AREA HAVING] existing trees, shrubs , or natural vegetation cover as determined by the administrative official. Section 3. Amendmen t of Section 14.25.020 of the Kenai Municipal Code: That Kena i Municipal Code, Section 14.25.020 -Application , is hereby amended as follows: 14.25.020 Application. This chapter shall apply to all retention basins and commercial , industrial and multifamily development within the City of Kenai and shall apply to both the landscaping and site plans . "Commercial , industrial and multifamily development" and "all development" shall be defined as any land clearing and/or tree cutting resulting in remova l of more than twenty percent of the lot's existing trees, shrubs , or natural vegetation cover as determined by the admi nistrative official o r improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage, and is : ( 1) located on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL) and Education (ED) zoning districts; or (2) a mult ifamily development in any zone ; or (3) a change of use as required in KMC 14.20.250(a). It is unlawful for any person to construct, erect or maintain any structure , building, fence or improvement, including landscaping, parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan . Properties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception : (1) structures identified as a commercial occupancy in Title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000 .00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a). Sect ion 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction , such judgment shall be confined in its operation to the part, provision , or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or i·mpair the validity of the remainder of this title or application the reof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ord inance even without s uch part , provision, or application. Section 5. Effective Da te: T hat pursuant to KMC 1.15.070(f), this ordinance shall ta ke effect 30 days after adoption. ENACTED BY THE COUNCIL OF T HE CITY OF KENAI , ALASKA, this 7th day of June, 2 017 . ,4;-; ~ r . BRIAN GABRIELSR:MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Introduced : May 17, 2017 Enacted : June 7, 201 7 Effective: July 7, 2017 40 'Vitiate «Jt'th tl PaJ't, Ct~ «Jt'th fi ratfl.P'e II the ct"ly of~ KENAI, ALASKA "V' 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Council Member's Knackstedt & Glendening ~ May 17, 2017 Kena i Municipal Code 14.25 This Ordinance is introduced to prohibit land clearing and tree cutting, resulting in removal of more than 20% of existing trees, shrubs or natural vegetation on commercial , industrial and multifamily lots. It prohibits land clearing and tree cutting without a landscape/site plan , even when a building permit is not required. It also requires a landscape/site plan when more than 20% of the trees, shrubs or natural vegetation is removed, as opposed to the current code, which allows removal of 75% of the same . A more comprehensive proposed Ordinance regarding KMC Chapter 14.25 sponsored by Mayor Gabriel and Council Member Molloy is currently being reviewed by several of the City's commissions and likely will not be effective this season . This Ordinance is not intended to take the place of the proposed Ordinance currently being worked on. Instead , it is intended as a complimentary solution, to prohibit indiscriminant land clearing and tree cutting that is inconsistent with the intent of KMC Chapter 14.25 this season. As the migratory bird season comes to a c lo se on July 15th, developers may want to conduct activities prior to the more comprehensi ve Ordinance taking effect. Your cons ideration of this Ordinance is appreciated . 41 CITY OF KENAI ORDINANCE NO. *-2017 Sponsored by: Mayor Gabriel Councilmember Molloy AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code C h apter 14.25-Landscaping/ Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/ or t h e retention of natural vegetation and buffers in conjunction w ith commercial, industrial and multifamily development, to enhance the community e nvironment and visual c h aracter, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, amendments to code are needed to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and s ite plans; and, WHEREAS, other housekeeping amendments are required to reduce redundancy and improve clarity in KMC Chapter 14.25 . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 14.25.01 0 of the Kenai Municipal Code : That Kenai Municipal Code, Section 14.25.010 -Intent, is hereby amended as follows: 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe devel opment of the C ity commensurate with protecting the health, safety and welfare of Page 47 of 82 42 its citizens, and to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/ or the retention of natural vegetation in conjunction with commer c ial, industrial and multifamily development to enhance the commu nity environment and visual character and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses [THE GENERAL PURPOSE OF LANDSCAPI NG IS TO VISUALLY ENHANCE THE CITY'S APPEARANCE, PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION AND SCREENING BETWEEN USES] and reduce erosion and storm runoff. [(C) FOR PURPOSES OF THIS CHAPTER, MULTIFAMILY DEVELOPMENT MEANS A FOUR (4) OR MORE FAMILY DWELLING.] Section 3 . Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015-Landscaping/Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING /SITE PLAN FOR LAND CLEARING. FOR PROPERTY COVERED UNDER THIS CHAPTER, SUBMITTAL OF A PRELIMINARY LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE CUTTING WHERE SUCH REMOVAL WILL RESULT IN LESS THAN TWENTY -FIVE PERCENT (25%) OF THE LOT AREA HAVING EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] Section 4. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 -Application, is hereby Amended as follows: 14.25.020 Application. [THIS]a. Approved Landscaping and Site Plans are required for the following [CHAPTER SHALL APPLY TO L. illl All retention basins, [AND] 1.hl Commercial, industrial and multifamily development, [WITH IN THE CITY OF KENAI AND SHALL APPLY TO BOTH THE LAND SCAPING AND SITE PLANS.] ["COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT" AND "ALL DEVELOPMENT" SHALL BE DEFINED AS ANY IMPROVEMENTS REQUIRING A BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY IMPROVEMENTS OF TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE , WHICH ADDS SQUARE FOOTAGE, AND IS: (1) LOCATED ON PROPERTIES WITHIN THE CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (CG), LIMITED COMMERCIAL (CL), HEAVY INDUSTRIAL (IH), TOWNSITE HISTORIC (TSH), LIGHT INDUSTRIAL (IL) AND EDUCATION (ED) ZONING DISTRICTS; OR (2) A MULTIFAMILY Page 48 of 82 43 DEVELOPMENT I N ANY ZONE; OR (3) A CHANGE OF USE AS REQUIRED I N KMC l 4.20.250(A). IT IS UNLAWFUL FOR ANY PERSON TO CONSTRUCT, ERECT OR MAINTAIN ANY STRUCTURE, BUILDING, FENCE OR IMPROVEMENT, INCLUDING LA NDSCAPING, PARKING AND OTHER FACILITIES ON PROPERTY REQUIRING A LANDS CAPE/SITE PLAN UNLESS SUCH 1£1 Land clearing. IMPROVEMENTS ARE CONSTRUCTED OR RECONSTRUCTED IN A MANNER CONSISTENT WITH THE APPROVED PLAN.] [PROPERTIES ZONED RESIDENTIAL (EXCEPT MULTIFAMILY DWELLINGS) ARE EXEMPT FROM THI S CHAPTER WITH THE FOLLOWING EXCEPTION: (1) STRUCTURES IDENTIFIED AS A COMMERCIAL OCCUPANCY IN TITLE 4 OF THE KENAI MUNICIPAL CODE LOCATED IN RESIDENTIAL OR MIXED USE ZONES REQUIRING A BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY IMPROVEMENTS OF TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE, WHICH ADDS SQUARE FOOTAGE OR A CHANGE OF USE AS REQUIRED IN KMC 14.20.250(A).J Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 -Landscaping/site plan -Submittal r equirements, is hereby amended as follows: 14.25.030 Landscaping/[S)§.ite [P)~lan-Submittal [R]Requirements. One copy of the landscaping/ site plan (eleven inches ( 11 ") by seventeen inches (17 ") size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will b e notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (1 ") equals twenty feet (20') and shall include the following information: (a) Scientific or common name or type of planting materials to be used in the project; (b) Typi cal planting details; (c) Location of all planting areas and relationship to buildings, parking areas and driveways; (d) Identification and location of existing vegetation to be retained; (e) Identification and location of non-living landscaping materials to b e used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h) D escription of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage Page 49 of 82 44 (j) When Stormwate r Pollution Prevention Plans (SWPP) are required, a copy of the Plan shall be provided to the City Planner. Section 6 . Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 -Landscaping Plan-Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]~lan-Performance [C]Criteria. (INTENT. LANDSCAPING REQUIRED UNDER THIS SECTION IS INTENDED TO ENHANCE THE COMMUNITY ENVIRON MENT AND VISUAL CHARACTER AND TO PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION TO PROVIDE VIS UAL AND SOUND SCREENING BARRIERS BETWEEN USES.] (a) Objectives for Landscaping Plan. An effective l andscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate place ment or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of-way, and parking lot landscaping must be included as components of the overall landsca ping plan . (b) 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. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping a dj acent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: (1) Landsca ping Beds. Minimum in width equal to the setback along all property lines, which adjoin reside ntial zones, exclusive of driveways and other ingress and egress openings. (2 ) Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield b e tween residential and commercial uses. When natural screening does not exi st or is lost due to weather or disease, the following r e quirements must be used to meet the intent of this chapter: (A) Combination of shrubbery and trees; and/or (B) Fencing. A six-foot (6') high wood fence or m asonry wall fence shall be require d only to meet scr eening of the develope d portion of the prope rty . Sections of the fence must b e no longe r than twenty-five feet (25'). S ections must be off-set a minimum of four feet (4') so as not to impede the movement of wildlife. (3 ) Ground Cover. One hundre d p ercent (100%) within three (3) years of planting and continuous maintenance so there w ill be no exposed soil. Flowe r b eds m ay be considered ground cover. Page 50 of 82 45 (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (c) 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. (d) 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 d evelopment. It also is de sirable for the purpose of improving vehicular and pedestrian circul ation patterns. (e) 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 b eds 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 ten feet (10') in width along the entire length of the property lines which adjoin str eet rights-of-way, exclusive of driveways and other ingress and egress openings; (2) Ground Cover. One hundred percent (100%) ground cover of the landscaping bed within three (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 l andscaping beds. (f) Review. The Administrative Official may consider p lans for amendments if problems arise in carrying out the landscaping/site p lan as originally approved. Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 -Expiration, is hereby amended as follows: 14.25.080 Expiration. If [CONSTRUCTION OF) the project has not started within one (1) year of approval of the landscaping/ site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) days' notice unless extended for good cause. Section 8. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 -Penalties, is hereby amended as follows: 14.25.090 Penalties. Pag e 51of82 46 No person may cut trees, (other than the cutting of dead trees for firewood or fire protection) construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other faci lities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 9. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 -Landscaping, is hereby amended and renamed as follows: 14.25.100 Definition [-LANDSCAPING]. (a) "Land clearing" for purposes of this chapter means tree cutting or other means of removal of trees and established vegetation, other than the cutting of dead trees for the purpose of firewood collection or fire protection, on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Indu strial (IH), Townsite Historic (TSH). Light Industrial (IL), Airport Light Indu strial (ALI) and Education (ED) zoning districts . .LW. "Landscaping'' means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chi ps, stone, or decorative rock may also be utilized. (c) "Commercial, industrial and multifamily development" and "all development" for purposes of this Chapter means any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage, and is: (1) l ocated on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Indu strial (IH), Townsite Historic (TSH). Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts; or (2) a multifamily development in any zone; or (3) a change of use as required in KMC 14.20.250(a). (d) "Multifamily development" for purposes of this Chapter means a four (4) or more family dwelling. Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or appli cation. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. Pag e 52 of 82 47 ENACTED BY THE COUNCIL OF THE CITY OF KENA I, ALASKA, this * day of*, 2017 . ATTEST: Sandra Modigh, City Clerk BRIAN GABRIEL, MAYOR Page 53 of 82 Introduce d: *, 20 17 E nact ed: *, 2017 Effective: *, 20 17 48 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: February 15, 2018 SUBJECT: Back up Material for Ordinance No. 2993-2017 ______________________________________________________________________ At the last Council meeting on February 7, 2018 Council asked for additional material to help consider Ordinance No. 2993-2017. Attachment A to this memorandum is Ordinance No. 2993-2017 with amendments made on February 7, 2018 provided in blue. Attachment B is all of Chapter 14.25 as if Ordinance No. 2992-2017 passed as amended on February 7, 2018. In consideration of other amendments proposed by other Council Members as provided in this packet, I have no further recommended amendments to Ordinance 2993 -2017. 49 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Attachment A Sponsored by: Mayor Gabriel Council Member Molloy CITY OF KENAI ORDINANCE NO. 2993 - 2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS, TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS, COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER MATERIAL AND HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation and buffers in conjunction with commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, review and update of the City’s landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City’s Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 29, 2017, the Airport Commission on June 8, 2017, the Harbor Commission on July 10, 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017, Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, 50 Ordinance No. 2993-2017 Page 2 of 8 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City’s various commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, WHEREAS, several recommendations of the City’s committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light Industrial zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in in KMC Chapter 14.25; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 14.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.010 - Intent, is hereby amended as follows: 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial, industrial and multifamily development within the City of Kenai to enhance the community environment and visual character and to provide attractive and functional separation, providing screening visual and sound screening barriers or buffers between uses [THE GENERAL PURPOSE OF LANDSCAPING IS TO VISUALLY ENHANCE THE CITY’S APPEARANCE, PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION AND SCREENING BETWEEN USES] and reduce erosion and storm runoff. [(C) FOR PURPOSES OF THIS CHAPTER, MULTIFAMILY DEVELOPMENT MEANS A FOUR (4) OR MORE FAMILY DWELLING.] Section 3. Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 – Landscaping /Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/SITE PLAN FOR LAND CLEARING. FOR PROPERTY COVERED UNDER THIS CHAPTER, SUBMITTAL OF A PRELIMINARY LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE 51 Ordinance No. 2993-2017 Page 3 of 8 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE CUTTING WHERE SUCH LAND CLEARING AND/OR TREE CUTTING WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] Section 4. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Mun icipal Code, Section 14.25.020 – Application, is hereby Amended as follows: 14.25.020 Application. Approved Landscaping and Site Plans are required for the following [THIS CHAPTER SHALL APPLY TO]: (a) All retention basins, [AND] (b) Commercial, industrial and multifamily development, [WITHIN THE CITY OF KENAI AND SHALL APPLY TO BOTH THE LANDSCAPING AND SITE PLANS.] [“COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT” AND “ALL DEVELOPMENT” SHALL BE DEFINED AS ANY LAND CLEARING AND/OR TREE CUTTING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT’S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR IMPROVEMENTS REQUIRING A BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY IMPROVEMENTS OF TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE, WHICH ADDS SQUARE FOOTAGE, AND IS: (1) LOCATED ON PROPERTIES WITHIN THE CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (CG), LIMITED COMMERCIAL (CL), HEAVY INDUSTRIAL (IH), TOWNSITE HISTORIC (TSH), LIGHT INDUSTRIAL (IL) AND EDUCATION (ED) ZONING DISTRICTS; OR (2) A MULTIFAMILY DEVELOPMENT IN ANY ZONE; OR (3) A CHANGE OF USE AS REQUIRED IN KMC 14.20.250(A). IT IS UNLAWFUL FOR ANY PERSON TO CONSTRUCT, ERECT OR MAINTAIN ANY STRUCTURE, BUILDING, FENCE OR IMPROVEMENT, INCLUDING LANDSCAPING, PARKING AND OTHER FACILITIES ON PROPERTY REQUIRING A LANDSCAPE/SITE PLAN UNLESS SUCH IMPROVEMENTS ARE CONSTRUCTED OR RECONSTRUCTED IN A MANNER CONSISTENT WITH THE APPROVED PLAN.] (c) Land clearing. (d) [Pproperties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception: (1) structures identified as a commercial occupancy in title 4 of the Kkenai mMunicipal cCode located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in kmc KMC 14.20.250(a).] Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.030 – Landscaping/Site Plan - Submittal requirements, is hereby amended as follows: 52 Ordinance No. 2993-2017 Page 4 of 8 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 14.25.030- Landscaping/[S]Site [P]Plan-Submittal [R]Requirements. One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches (17″) size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (1″) equals twenty feet (20′) and shall include the following information: (a) Scientific or common name or type of planting materials to be used in the project; (b) Typical planting details; (c) Location of all planting areas and relationship to buildings, parking areas and driveways; (d) Identification and location of existing vegetation to be retained; (e) Identification and location of non-living landscaping materials to be used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage (j) When Storm W ater Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. Amendment of Section 14.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.040 – Landscaping Plan - Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [P]Plan—Performance [C]Criteria. [INTENT. LANDSCAPING REQUIRED UNDER THIS SECTION IS INTENDED TO ENHANCE THE COMMUNITY ENVIRONMENT AND VISUAL CHARACTER AND TO PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION TO PROVIDE VISUAL AND SOUND SCREENING BARRIERS BETWEEN USES.] (a) 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 amounts will provide the best results. Perimeter, interior, street right-of- way, and parking lot landscaping must be included as components of the overall landscaping plan. (b) 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. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping adjacent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: 53 Ordinance No. 2993-2017 Page 5 of 8 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (1) Landscaping Beds. Minimum in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (2) Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease, the following requirements must be used to meet the intent of this chapter: (A) Combination of shrubbery and trees; and/or (B) Fencing. A six-foot (6′) high wood fence, [OR] masonry wall fence or other fence material of similar screening and structural character shall be required only to meet screening of the developed portion of the property. Sections of the fence must be no longer than twenty-five feet (25′). Sections must be off-set a minimum of four feet (4′) so as not to impede the movement of wildlife. (3) Ground Cover. One hundred percent (100%) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (c) 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. (d) 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 purpose of improving vehicular and pedestrian circulation patterns. (e) 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- 54 Ordinance No. 2993-2017 Page 6 of 8 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 ten feet (10′) 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. One hundred percent (100%) ground cover of the landscaping bed within three (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. (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 – Expiration, is hereby amended as follows: 14.25.080 Expiration. If [CONSTRUCTION OF] the project has not started within one (1) year of approval of the landscaping/site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) days’ notice unless extended for good cause. Section 8. Enactment of Section 14.25.085 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.085 – Airport Light Industrial, is hereby enacted as follows: 14.25.085 Airport Light Industrial On all properties within the Airport Light Industrial Zone (ALI), landscaping and site plan requirements as provided in this Title will only apply to areas on lots that the public has access to, and shall not require landscaping or site plans on runway or apron portions of lots. The Airport Master Plan, Airport Layout Plan and Federal Aviation Administration requirements and regulations (including but not limited to deed restrictions and requirements, aviation easements and grant requirements) shall take precedent over any landscaping or site plan requirement. Section 98. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 – Penalties, is hereby amended as follows: 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, cut trees, (other than the cutting of dead trees for firewood or fire protection) construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. Section 109. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 – Landscaping, is hereby amended and renamed as follows: 55 Ordinance No. 2993-2017 Page 7 of 8 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 14.25.100 Definition [—LANDSCAPING]. (a) “Land clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover or other means of removal of trees and established vegetation, other than the cutting of dead trees for the purpose of firewood collection or fire protection, on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, “Land clearing.” (b) “Landscaping” means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. (c) “Commercial, industrial and multifamily development” for purposes of this Chapter means any commercial or industrial improvements, requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage, and is: (1) located on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), Airport Light Industrial (ALI) and Education (ED) zoning districts; or (2) a multifamily development in any zone; or (3) a change of use as required in KMC 14.20.250(a). (d) “Multifamily development” for purposes of this Chapter means a four (4) or more family dwelling. Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February, 2018. ___________________________________ BRIAN GABRIEL, MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: December 6, 2017 Public Hearing: January 3, 2018 56 Ordinance No. 2993-2017 Page 8 of 8 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Postponed to: February 7, 2018 Postponed as amended to: February 21, 2018 Effective: March 239, 2018 57 Attachment B 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial, industrial and multifamily development within the City of Kenai to enhance the community environment and visual character and to provide attractive and functional separation, providing screening between uses 14.25.020 Application. Approved Landscaping and Site Plans are required for the: (a) All retention basins, (b) Commercial, industrial and multifamily development, (c) Land clearing. (d) Properties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception: (1) structures identified as a commercial occupancy in title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a). 14.25.025 Retention basins. (a) Development of retention basins (retention ponds) in any zone requires submittal of a landscape site plan. Applications must include the following: (1) Copies of the design prepared by an engineer licensed in the State of Alaska under AS 08.48; (2) Approval by the State of Alaska, Department of Environmental Conservation for the project; (3) The site around the retention basin must be adequately fenced (six-foot (6′) minimum) in order to protect access and provide safety; and (4) The area around the fence must be landscaped to provide screening of the site. The landscaping should include shrubs, bushes, trees and ground cover to provide screening. (b) Retention basins in existence at the effective date of the ordinance codified in this section are not considered nonconforming and must comply with the requirements of this chapter within one (1) year of the effective date of the ordinance codified in this section. 14.25.030- Landscaping/Site Plan-Submittal Requirements. 58 One copy of the landscaping/site plan (eleven inches (11″) by seventeen inches (17″) size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (1″) equals twenty feet (20′) and shall include the following information: (a) Scientific or common name or type of planting materials to be used in the project; (b) Typical planting details; (c) Location of all planting areas and relationship to buildings, parking areas and driveways; (d) Identification and location of existing vegetation to be retained; (e) Identification and location of non-living landscaping materials to be used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage (j) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. 14.25.040 Landscaping Plan—Performance Criteria. (a) 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 amounts will provide the best results. Perimeter, interior, street right-of- way, and parking lot landscaping must be included as components of the overall landscaping plan. (b) 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. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping adjacent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: (1) Landscaping Beds. Minimum in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. (2) Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease, the following requirements must be used to meet the intent of this chapter: (A) Combination of shrubbery and trees; and/or (B) Fencing. A six-foot (6′) high wood fence, [OR] masonry wall fence or other fence material of similar screening and structural character shall be 59 required only to meet screening of the developed portion of the property. Sections of the fence must be no longer than twenty-five feet (25′). Sections must be off-set a minimum of four feet (4′) so as not to impede the movement of wildlife. (3) Ground Cover. One hundred percent (100%) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. (4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health, height and spread as defined by the American Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association. (c) 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. (d) 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 purpose of improving vehicular and pedestrian circulation patterns. (e) 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 ten feet (10′) 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. One hundred percent (100%) ground cover of the landscaping bed within three (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. 60 (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. 14.25.045 Site plan—Performance criteria. (a) 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 on the site plan. (b) Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. (c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. (1) Paving is required for “commercial development” including a multifamily development requiring a building permit valued at one hundred thousand dollars ($100,000.00) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000.00) or more, and the property is located between Evergreen Drive and McCollum Drive/Tinker Lane as shown in the map marked Appendix 1 to this chapter. (2) Exception to this requirement: (i) Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (f) Dumpsters. Dumpsters must be screened with a sight-obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. (g) Access. Properties adjacent to residential zones should provide ingress and egress to ensure commercial traffic is routed away from residential streets. Access should be from an arterial street. Developments may be required to develop frontage roads and are encouraged to consolidate existing access points. 14.25.050 Approval. Unless extended for good cause, the Administrative Official shall review and take action on a landscaping and site plan within fourteen (14) days of satisfactory submittal. The Building Official shall issue a building permit upon approval of the associated landscaping/site plan providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Administrative Official shall be in accordance with KMC 14.20.290. 14.25.060 Completion—Landscaping plan. All required landscaping as presented in the approved landscaping plan shall be installed within two (2) years after approval of the landscaping/site plan. 14.25.065 Completion—Site plan. 61 All requirements as outlined in Section 14.25.045 shall be installed according to the site plan as approved by both developer and the Administrative Official. (a) The required parking lot paving shall be completed within two (2) years after issuance of the certificate of occupancy. 14.25.070 Modifications—Variances. (a) Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this chapter impractical and that the modification is in conformity with the intent and purposes of this chapter. (b) If the Administrative Official refuses to grant modifications to the provisions of this chapter, an applicant may apply for a variance from the requirements of this chapter using the process and standards set out in KMC 14.20.180. 14.25.080 Expiration. If the project has not started within one (1) year of approval of the landscaping/site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) days’ notice unless extended for good cause. 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing, construct, erect or maintain any structure, building, fence or improvement, including parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260. 14.25.100 Definition. (a) “Land clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL), and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings. Removal of an obstruction for purposes of a survey is not, “Land clearing.” (b) “Landscaping” means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. (c) “Commercial, industrial and multifamily development” for purposes of this Chapter means any commercial or industrial improvements, requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage, and is: (1) located on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic 62 (TSH), Light Industrial (IL), and Education (ED) zoning districts; or (2) a multifamily development in any zone; or (3) a change of use as required in KMC 14.20.250(a). (d) “Multifamily development” for purposes of this Chapter means a four (4) or more family dwelling. Appendix I 63 TO: FROM: DATE: "Vt1/t1-je with a Past City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.kenai.city Mayor Gabriel, Council Members Boyle, Knackstedt, Navarre, & Pettey Student Representative Gilman / Council Members Glendening & Molloy , Jf .£ February 14, 2018 SUBJECT: Ordinance No. 2993-2017 as Amended, Amending KMC Chapter 14.25 Landscaping/Site Plan Regulations Amendment of the definition of "land clearing" does not solve the problem presented by the circumstances of clear cutting a property in an industrial or commercial zone which has property lines with adjacent properties zoned in a residential zone, as was the case with the beginning of a clear cut along the proper ty lines of the Timlin's and their neighbors ' residential properties. Under Ordinance 2993-2017 as amended, the trigger for the requirement to file a landscape/site plan does not occur until more than 20% of the trees, shrubs, or natural vegetative cover in the commercial property is removed. Therefore, unless the ordinance is amended to require that the industrial or commercial property owner obtain an approved landscape/site plan from the City Planner before begi11lling the removal along property lines where adjacent properties are 1·esidential prope1·ties (except for removal of obstructiolls for pwposes of a survey), the circumstances involving the effects of clear cutting on the Timlins and their neighbors will repeat themselves. An industrial or commercial property owner could clear cut along the property lines adjacent to the residential properties and include the clear cut in the 20% that is allowed before application and approval of a landscape/site plan, unless Council amends the amended ordinance to solve that problem. Attached are three (3) photos to illustrate the effects of clear cutting in the commercial property on the Timlin's residential property viewed from the back of their home: (1) Photo 1 is the view NE from Timlin' s back deck on 10/05/2013; (2) Photo 2 is the view NE from Timlin' s back deck on 5/31/2016; and (3) Photo 3 is the view NE from Timlin's back property line on 5/3112016 . Together, Council can fmd a solution to that problem. One idea is presented in the suggested amendment presented on the next page. That idea also includes an amendment to provide that removal of hazardous or invasive species is also not "land clearing." Council 's support of an amendment to the amended ordinance is respectfully requested. 64 2 Suggested amend ment: 14.25.100 Definition [-LANDCSCAPING]. (a) "Land clearing " for purposes of this chapter means: (1) land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees. shrubs. or natural vegetative cover on properties within the Central Commercial (CC). Central Mixed Use (CMU). General Commercial (CG). Limited Commercial (CL), Heavy Industrial (IH). Townsite Historic <TSH). Light Industrial (IL), and Education (ED) zoning districts. except for purposes of construction of single to three family dwellings: and (2) land clearing and/or tree cutting in parcels within the zoning districts listed in subparagraph (1) above resulting in removal of trees. shrubs. or natural vegetative cover within twenty feet of property lines of parcels containing single family to three family dwellings. (3) The following is not "land clearing ": removal of an obstruction for purposes of a survey. and removal of hazardous or invasive trees or shrubs . 65 66 67 68 'Vttl°#'e ({!/t/i a Pa.?~ e~ ({!/t/i a f"v.tfife IJ 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kena i.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City C~mci~ d Jim Glendening, Council Member {' t{ ,,,?/, February 13, 2018 Amendments to Ordinance No. 2993-2017 -Landscaping Site Plan Regulations This memorandum provides further amendments to Ord inance No . 2993-2017 that I intend to move at the February 21 , 2018 Council Meeting . The amendments are provided below in blue to the Ordinance as it stood after the February 7, 2018 Council Meeting . The proposed amendments attempt to clarify KMC Chapter 14.25 and promote responsible development consistent with other sections of Kenai Municipal Code including KMC 14.20-Kenai Zoning Code . Compatible with attached appropriate sections of the Comprehensive Plan , the Ordinance as amended promotes harmony among dissimilar uses and provides flexibility for landscape design. To this end, the amendments give the administrative official discretion in site plan review and adoption. Your consideration is appreciated . CITY OF KENAI ORDINANCE NO. 2993 -2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.25-LANDSCAPING/SITE PLAN REGULATIONS , TO REQUIRE LANDSCAPING AND SITE PLANS FOR ALL RETENTION BASINS , COMMERCIAL, INDUSTRIAL AND MULTIFAMILY 69 Page 2 of 8 REDLINE Ordinance No. 2993-2017 DEVELOPMENT AND LAND CLEARING IN CERTAIN ZONES IN THE CITY AND MAKING OTHER MATERIAL AND HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation and buffers in conjunction with commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening barriers or buffers between residential , commercial and industrial uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion e.f among commercial , non-commercial , residential and industrial areas; and, WHEREAS, review and update of the City's landscaping and site plan ordinance was included in Goal 1: Quality of Life, Goal 2: Economic Development, and Goal 3: Land Use, in the City's Comprehensive Plan Update 2016; and, WHEREAS, on March 1, 2017, a draft Ordinance was presented to the City Council with proposed amendments to update Code in order to ensure that landscaping and site plans are approved prior to land clearing even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, the draft Ordinance was reviewed by the Planning and Zoning Commission on March 8, 2017 , March 29, 2017, April 12 , 2017, the Airport Commission on June 8 , 2017 , the Harbor Commission on July 10 , 2017 and by a joint meeting of the Parks and Recreation Commission and Beautification Committee on July 11, 2017; and, WHEREAS, during the commission and committee review process, on May 17, 2017 , Council Members Knackstedt and Glendening introduced Ordinance No. 2960-2017 to prohibit land clearing of more than 20 percent of vegetation on a lot without an approved Landscaping/Site Plan, which ordinance was enacted by Council on June 7, 2017; and, WHEREAS, the sponsors of Ordinance No. 2960-2017 provided that the intent of the Ordinance was not to take the place of the proposed update ordinance being reviewed by the City's various commissions and committees, but to be complementary to it, to prohibit indiscriminate land clearing during the 2017 construction season; and, 70 Page 3 of 8 REDLINE Ordinance No . 2993-2017 WHEREAS, several recommendations of the City's committees and commissions are incorporated into this Ordinance, including special provisions for Airport Light Industrial zoned properties and discouragement of the use of invasive species in planting; and, WHEREAS, the current Ordinance is an update to Code that is more comprehensive than the previously adopted Ordinance No. 2960-2017 in that it addresses performance criteria for Landscaping/Site Plans in addition to requiring an approved Landscaping/ Site Plan before land clearing where applicable, and makes other housekeeping amendments in order to reduce redundancy and improve clarity in in KMC Chapter 14.25; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 14.25 .010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.01 O -Intent, is hereby amended as follows: 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health , safety and welfare of its citizens, and to support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas with residential zones. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial, industrial and multifamily development within the City of Kenai to enhance the community environment and visual character and to provide attractive and functional separation. providing screening between residential . commercial and industrial uses [THE GENERAL PURPOSE OF LANDSCAPING IS TO VISUALLY ENHANCE THE CITY'S APPEARANCE, PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION AND SCREENING BETWEEN USES] and reduce erosion and storm runoff. [(C) FOR PURPOSES OF THIS CHAPTER, MULTIFAMILY DEVELOPMENT MEANS A FOUR (4) OR MORE FAMILY DWELLING .] Section 3. Deletion of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 -Landscaping /Site Plan for Land Clearing, is hereby deleted as follows: [14.25.015 LANDSCAPING/SITE PLAN FOR LAND CLEARING. FOR PROPERTY COVERED UNDER THIS CHAPTER , SUBMITTAL OF A PRELIMINARY LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE CUTTING WHERE SUCH LAND CLEARING AND /OR TREE CUTTING 71 Page 4 of 8 REDLINE Ordinance No . 2993-2017 WILL RESULT IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT'S EXISTING TREES, SHRUBS, OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL.] Section 4. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 -Application, is hereby Amended as follows : 14.25.020 Application. [THIS] Approved Landscaping and Site Plans are required for the following [CHAPTER SHALL APPLY TOt @} All retention basins, [AND] !..QJ Commercial, industrial and multifamily development, [WITHIN THE CITY OF KENAI AND SHALL APPLY TO BOTH THE LANDSCAPING AND SITE PLANS .] ["COMMERCIAL, INDUSTRIAL AND MULTIFAMILY DEVELOPMENT" AND "ALL DEVELOPMENT" SHALL BE DEFINED AS ANY LAND CLEARING AND/OR TREE CUITING RESULTING IN REMOVAL OF MORE THAN TWENTY PERCENT OF THE LOT'S EXISTING TREES< SHRUBS< OR NATURAL VEGETATION COVER AS DETERMINED BY THE ADMINISTRATIVE OFFICIAL OR IMPROVEMENTS REQUIRING A BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY IMPROVEMENTS OF TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE, WHICH ADDS SQUARE FOOTAGE, AND IS : (1) LOCATED ON PROPERTIES WITHIN THE CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (CG), LIMITED COMMERCIAL (CL), HEAVY INDUSTRIAL (IH), TOWNSITE HISTORIC (TSH), LIGHT INDUSTRIAL (IL) AND EDUCATION (ED) ZONING DISTRICTS; OR (2) A MULTIFAMILY DEVELOPMENT IN ANY ZONE; OR (3) A CHANGE OF USE AS REQUIRED IN KMC 14.20.250(A). IT IS UNLAWFUL FOR ANY PERSON TO CONSTRUCT, ERECT OR MAINTAIN ANY STRUCTURE, BUILDING , FENCE OR IMPROVEMENT, INCLUDING LANDSCAPING, PARKING AND OTHER FACILITIES ON PROPERTY REQUIRING A LANDSCAPE/SITE PLAN UNLESS SUCH IMPROVEMENTS ARE CONSTRUCTED OR RECONSTRUCTED IN A MANNER CONSISTENT WITH THE APPROVED PLAN.] .(g} Land clearing. (d) Properties zoned residential (except multifamily dwellings) are exempt from th is chapter with the following exception : (1) structures identified as a commercial occupancy in title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a). Section 5. Amendment of Section 14.25.030 of the Kenai Municipal Code: That Kenai Municipal Code , Section 14.25.030 -Landscaping/Site Plan -Submittal requirements , is hereby amended as follows: 72 Page 5 of 8 REDLINE Ordinance No. 2993-2017 14.25.030-Landscaping/[SJSite [PJPlan-Submitta l [RJRequirements. One copy of the landscaping/site plan (eleven inches ( 11 ") by seventeen inches (17") size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (1 ") equals twenty feet (20') and shall include the following information: (a) Scientific or common name or type of planting materials to be used in the project; (b) Typical planting details; (c} Location of all planting areas and relationship to buildings , park i ng areas and driveways; (d) Identification and location of existing vegetation to be retained; (e) Identification and location of non-living landscaping materials to be used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h} Description of buildings , including building height and ground floor dimensions ; (i) Physical features of the property including location of all buildings , ingress and egress, any unusual features of the property which may restrict development or drainage (j) When Storm Water Pollution Prevention Plans (SWPPP) are required, a copy of the Plan shall be provided to the City Planner prior to clearing activity. Section 6. Amendment of Section 14.25 .040 of the Kenai Municipal Code : That Kenai Municipal Code, Section 14 .25 .040 -Landscaping Plan -Performance Criteria, is hereby amended as follows: 14.25.040 Landscaping [PJPlan-Performance [CJCriteria. [INTENT. LANDSCAPING REQUIRED UNDER THIS SECTION IS INTENDED TO ENHANCE THE COMMUNITY ENVIRONMENT AND VISUAL CHARACTER AND TO PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION TO PROVIDE VISUAL AND SOUND SCREENING BARRIERS BETWEEN USES.] (a) 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 amounts will provide the best results . Perimeter, interior, street right-of-way, and parking lot landscaping must be included as components of the overall landscaping plan . (b) 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 . Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses . Landscaping adjacent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: 73 Page 6 of 8 REDLINE Ordinance No. 2993-2017 ( 1) Landscaping Beds. Minimum in width equal to the setback along all property lines , which adjoin residential zones , exclusive of driveways and other ingress and egress openings. (2) Screening . Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease , the following requirements must be used to meet the intent of this chapter: (A) Combination of shrubbery and trees; and /or (B) Fencing . A six-foot (6') high wood fence_. [OR] masonry wall fence or other fence material of similar screening and structural character shall be required only to meet screening of the developed portion of the property. Sections of the fence must be no longer than twenty-five feet (25'). Sections must be off-set a minimum of four feet (4') so as not to impede the movement of wildlife. (3) Ground Cover. One hundred percent (100%) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. ( 4) Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds . All trees, shrubs or other vegetation in the required landscaping must be of a stock rated as hardy for the United States Department of Agriculture Climatic Zone 3. It is not the intent to require specific species, however, property owners are encouraged to understand local climate conditions. Property owners are discouraged from planting invasive species as defined by the Alaska Cooperative Extension Service. Property owners are encouraged to contact the Alaska Cooperative Extension Service for a list of plant species which are appropriate for Climate Zone 3. In all cases the materials shall be living and free of defects and of normal health , height and spread as defined by the Ameri can Standard for Nursery Stock, ANSU Z 60.1, latest available edition, American Nursery and Landscaping Association . ( c) 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 th e site. Landscaping may include landscaping beds, trees, and shrubs. Smal l parki ng lots having less than 40 spaces may be exempted from the parking lot landscaping standards by the adm in istrative official. (d) Parking Lot Landscaping. Pa rking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual reli ef between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Street right-of-way landscapi ng softens the impact of land uses along street rights- of-way, but does not obscure land uses from sight. Lands caping beds must meet all of the following minimum standards ; except where properties are adjacent to State of Alaska 74 Page 7 of 8 REDLINE Ordinance No. 2993-2017 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 ten feet (1 O') in average 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. One hundred percent (100%) ground cover of the landscaping bed within three (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. (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. Section 7. Amendment of Section 14.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.080 -Expiration, is hereby amended as follows: 14.25.080 Expiration. If [CONSTRUCTION OF] the project has not started within one (1) year of approval of the landscaping/site plan , the approval may be revoked by the Administrative Official after providing at least thirty (30) days' notice unless extended for good cause. Section 8. Amendment of Section 14.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.090 -Penalties , is hereby amended as follows: 14.25.090 Prohibited Acts and Penalties. No person may conduct land clearing , construct, erect or maintain any structure, building, fence or improvement. including parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan . Any more than the initial ten percent (10%) removal of trees shrubs or natural vegetation is prohibited without a landscape/site plan regardless of the time between the land clearing activity. Land clearing which promotes fire protection as encouraged by the Firewise Communities/ USA program or other similar cooperative fire protection efforts. may be allowed by the administrative official without a landscape/site plan . Penalties for noncompliance with this chapter shall be as set forth by KMC 14.20.260 . Section 9. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.100 -Landscaping, is hereby amended and renamed as follows: 14.25.100 Definition [-LANDSCAPING]. (a) "Land clearing " for purposes of this chapter means land clearing and /or tree cutting resulting in removal of more than twenty percent (20%) of the trees. shrubs , or nat ural vegetative cover on properties within the Central Commercial (CC), Central Mix ed Use (CMU). General Commercial (CG), Limited Commercial (CL), Hea vy Industrial (IH). 75 Page 8 of 8 REDLINE Ordinance No . 2993-2017 Townsite Historic (TSH), Light Industrial (IL), and Education (ED) zoning districts. except for purposes of construction of single to three family dwellings. . Removal of an obstruction for purposes of a survey is not. "Land clearing." (Q} "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized . {c) "Commercial, industrial and multifamily development" for purposes of this Chapter means any commercial or industrial improvements. requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more. which adds square footage, and is: {1) located on properties within the Central Commercial {CC). Central Mixed Use {CMU). General Commercial (CG). Limited Commercial (CL), Heavy Industrial {IH). Townsite Historic (TSH). Light Industrial {IL). and Education {ED) zoning districts; or {2) a multifamily development in any zone; or {3) a change of use as required in KMC 14.20.250(a). {d) "Multifamily development" for purposes of this Chapter means a four {4) or more family dwelling . Section 10. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February , 2018. ATTEST: Jamie Heinz, City Clerk BRIAN GABRIEL, MAYOR Introduced : December 6, 2017 Public Hearing : January 3, 2018 Postponed to : February 7, 2018 Postponed as amended to: February 21, 2018 Effective: March 23 , 2018 76 l~~K~2030 City of Kenai c ·omprehe-nsive Plan July 2016 Page 60 of97 77 6.2 Goal 1-Quality of Life : Promote and encourage quality of life in Kenai. Vision: [(enai is· a healthy community that provides for the emotional, physical, economic and spiritual wellbeing of all of its citizens; promotes the health and wellbeing for all age , groups; provides opportunities for lifelong learning; and, encourages arts and cultural activities. Q-1 Ensure that Kenai is a Q-10 Continue to support • community where people and existing senior services and the property are safe. development of additional • Q-2 Protect and rejuvenate the services and housing. • livability of existing Q-11 Identify requirements for neighborhoods nominating the Townsite Q-3 Promote beautification Historic District (TSH) to the • programs in Kenai. National Register Historic Q-4 Promote the siting and design Dist_rict. of land uses that are Jn harmony Q-12 Update Historic District and scale with surrounding uses . design standards in the city's • Q-5 Update existing site design land use regulations. guidelines for commercial Q-13 Develop strategies in e development -landscaping, cooperation with state and setbacks, parking. federal agencies to ensure there Q-6 Update the subdivision code is adequate affordable housing in to include site design standards. Kenai. Q-7 Provide a variety of formal Q-14 Continue to foster a and informal educational com pact, intensive mix of private programs. and public uses in the downtown Q-8 Collaborate with local Alaska core·area. Native organizations to identify Q-15 Acknowledge the culturally sensitive issues and emergence of other commercial areas of importance in Kenai. centers. Q-9 Encourage healthy lifestyl es Q-16 Provide a wide variety of by providing opportunities opportunities for the public to and/or facilities for outdoor participate in public policy ac tivities . decision -making. Imagine J(enai 2030 Comprehensive Plan 78 Kenai Peninsula Boro ugh Assembly Adopted -January 3, 2017 Page 61of97 Update site design standards. Conduct a housing inventory. Research process and information needed for creating a TSH District. Evaluate the opportunity for multiple city centers - de finition s, criteria, standards for development Update/revise subdivision code. Prepare an urban trail and greenbelt system plan that connects w ith other trail systems. July 2016 78 6.3 Goal 2 -Economic Development: Provide economic development to support the fiscal health of Kenai Vision: Kenai has a secure economic vitality by being a community that has a wide variety of job opportunities and worlcforce support and development; by providing a quality of life and financial climate that encourages businesses to start up, expand or relocate to Kenai; and, by providing a built environment based on standards that sustain long-term economic viability and growth and that promotes affordable residential and commercial development. Kenai Fine Arts Center ED-1 Promote projects that ED-6 Prior to zoning property to • create workforce commercial, consider if use has access to development opportunities. collector or arterial road, access to city ED-2 Implement business-services, and that potential conflicts with friendly regulations, adjacent non-commercial uses have been taxation and incentives to minimized through site design, create a stable, positive landscaping, or other appropriate climate for private measures. • investment. ED-7 Prior to zoning to industrial, ED-3 Use regional economic consider if use has access to collector or • and workforce statistics to arterial road, access to city services, that match the most suitable potential conflicts with adjacent non- type of industry for industrial uses have been minimized particular areas and then through site design, and that potentia l market these areas. hazards from the proposed industrial use e ED-5 Promote adaptive have been minimized. reuse of vacant commercial ED-8 Reserve areas zoned for industry for buildings in the city center industrial uses. and along the Kenai Spur ED-9 Capitalize on the tourism industry Highway. by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Imagine Kenai 2030 Comprehensive Plan 79 Kenai Peninsula Borough Assembly Adopted -January 3, 2017 Page 62 of97 DeveJop a recruitment strategy to attract and compete for specific businesses and industries that are necessarY. to maintain the local economy. Conduct inventory of industrial Jands. Conduct a cost-benefit analysis of development incentive programs such as reverse taxation, tax relief, and tax deferral. Update existinffguidelines for commercial development -utilities, landscaping, setbacks, parking. July 2016 79 6.4 Goal 3 -Land Use: Develop land use strategies to implement a forward-looking approach to community growth and development. Vision: Kenai implements · a forward- looking approach to community growth and development by establishment of seveml different zoning districts that reflect the needs of each district; and, by providing commercial, industrial, and residential areas suited to current and probable future growth. LU·1 Establish siting and LU-11 Where feasib le, consolidate access • design standards so that to and between land uses via frontage development is in harmony roads or by shared driveways onto main and scale with surrounding streets/highways. uses. LU· 12 Ensure that the installation of basic LU-2 Promote the infill of public infrastructure (roads, sewer; existing, improved water, and drainage) is coordinated with • subdivision lots. the timing ·of development and that LU-3 Review existing zoning improvements are in place at the time and subdivision codes to impacts occur. determine if they address LU-13 Coordinate transportation current and future land uses improvements with the city's land use adequately. plan, capital improvements program, LU-4 Review revitalization Alaska Department of Transportation & • strategies for the area Public Facilities transportation plans, the adjacent to the Bridge Access Kenaitze Indian Tribe, and Salamatof Road beginning at Millennium Tribal Council. Square to the boat landing. LU-14 Ensure a pattern of connecting LU-5 Support development at streets and blocks that allows people to emerging community get around easily by foot, bicycle or car "centers" that lie outside the when approving new developments, b oth • major employment centers commercial and multifamily. but provide a mix of retail, LU-15 Review the siting of oil and gas service, and residential uses. development. LU-16 Support implementation of the City's Kenai Airport Master Plan Capital 0 Improvements Program. Imagine Kenai 2030 Comprehensive Plan 80 Kenai Peninsula Borough Assembly Adopted -January 3, 2017 Page 63 of97 Determine if current zoning and subdivision codes are consistent with the goals and objectives of the comprehensive plan. Update the subdivision code to include Site design standards, requirements for the reservation of open space and parks in new subdivisions~ Review landscaping design requirements to require retention of natural vegetation; to define and provide buffers between incompatible land uses. Evaluate the creation of two conservation zones - one for natural areas and one appropriate for some improvements. Prepare an urban trail and greenbelt system July 2016 80 f,U -6 Review Zoning Cod e to LU-17 Coordinate senior services and consider use of buffers and facilities with improvements to the city buffer zones to separate center or downtown core. e incompatible land uses. LU-18 Provide a wide variety of Review landscaping opportunities for the public to par ticipate ordinance to ensure buffers in local land use decisions. are required to protect neighborhoods. LU-7 Identify city-owned and • public-owned lands appropriate for rezoning to protect natural areas and open space. o LU-8 Prohibit development in natural hazard areas. LU-9 Locate parks near • schools, residential areas not served now. LU -10 Encourage creative subdivision design for residential areas. Jmagi11e J(enai 20.W Comprehensive Plan 81 Kenai Peninsula Borough Assembly Adopted -Ja nua ry 3, 2017 Page 64 of 97 plan that connects with other trail systems. Develop revitalization s t rategies to support the marketing of waterfront area (Bridge Access Millennium Square to Boat Harbor). Develop standards or guidelines for the siting of oil and gas development. Annually review land use map to monitor changes in land use. Explore various media to expand public involyement in planning activities and decisions. July 2016 81 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: February 16, 2018 SUBJECT: Ordinance No. 2993-2017 – Landscape/Site Plan The purpose of this memo is to bring to your attention some technical adjustments I administratively made to Section 4 of the ordinance where KMC 14.25.020 – Application is addressed. No language was changed, I simply adjusted where some deleted language appeared in relation to retained and new language so that the section was easier to read. I did not change punctuation; you might choose to address that. 82 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: FEBRUARY 21, 2018 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS PERS VARIOUS LIABILITY 89 ,328.06 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 134,756.77 ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITIES 35,379.70 INTEGRITY JANITORIAL JAN . SERVICE AT CITY HALL NON-DEPARTMENTAL REPAIR & MAINTENANCE 1,389.00 PRECIOUS JANITORIAL JAN. SERVICE AT LIBRARY LIBRARY REPAIR & MAINTENANCE 2,795 .00 PRECIOUS JANITORIAL JAN. SERVICE AT TERMINAL AIRPORT REPAIR & MAINTENANCE 4,495 .00 PREC IOUS JANITORIAL JAN. SERVICE AT POLICE POLICE REPAIR & MAINTENANCE 978.00 PREC IOUS JANITORIAL JAN. SERVICE AT VISITOR CENTER VISITOR CENTER REPAIR & MAINTENANCE 928.00 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. PIPER JAFFRAY U.S. GOV'T. SECURITY 1/18/2022 245,000.00 2 .55% PIPER JAFFRAY U .S. GOV'T. SECURITY 2/21/2020 245,000.00 2 .3% PIPER JAFFRAY U .S. GOV'T. SECURITY 11/27/2019 245,000.00 2 .1% PIPER JAFFRAY U.S . GOV'T. SECURITY 8/24/2020 245,000.00 2 .30% PIPER JAFFRAY U.S . GOV'T. SECURITY 2/15/2022 245 ,000.00 2 .6% PIPER JAFFRAY U.S. GOV'T. SECURITY 2/16/2023 245,000.00 2 .75% PIPER JAFFRAY U.S . GOV'T. SECURITY 2/14/2022 245 ,000.00 2 .25% 83 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: February 15, 2018 SUBJECT: Liquor License Renewal The following establishments have submitted an application to the Alcoholic Beverage Control Board for renewal of their liquor license: • BPO Elks Lodge D/B/A BPO Elks Lodge #2425 • Jennifer Lee D/B/A New Peking Restaurant Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and the applicants have satisfied all obligations to the City. With the approval of Council, a letter of non- objection to renewing of the liquor licenses will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. 84 "Vt1/tlje with a Past City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO : FROM : DATE: RE: David Ross , Chief of Police Willie Anderson , Lands Manager Terry Eubank, Finance Department Scott Bloom, Legal Department Matthew Kelly, City Planner Jamie Heinz, City Clerk ~nuary 17 , 2018 Liquor License Renewal ~ ,111r.' 1992 The Alcoholic Beverage Control Board has sent notification that the following applicant has applied for renewal of its Liquor License No . 368: Applicant: D/B/A: BPO Elks Lodge #2425 BPO Elks Lodge #2425 Pursuant to KMC 2 .40 .010 , It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your department (i.e. water and sewer billings, lease/property payment history, citations, etc.) by the above reference applicant. Initial whether account(s) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts. Please let me know if you have any questions . Once you have completed your section, please route to the next department. Thanks! 1 .~e Department ~ f . initials l:::J I ha ve reviewed all records for m y department and the applicant is current on obligations or obligations do not exist. 0 The app7yas outstanding obligations and an additional page has been attached. 2. Finance • initials i!J I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The (!'~cant has outstanding obligations and an additional page has been attached . 3~al initials · L..J I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The applicant has outstanding obligations and an additional page has been attached . 4;.!;fnds Management {A.UL-: initials ~ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. OThe applicant has outstanging obl igations and an additional page has been attached . 5;.f.!~ing and Zoning ~ initials ~I have re vi ewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outstanding obligations and an additional page has been attached. Returned to Clerk's office :, _J · 2.~ '{g 85 THE STATE 01ALASKA GOVERNOR BI LL WALKER January 17, 2018 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email : jheinz@kenai.city Cc : citycle r k@kenai.city joanne@borough.kenai.ak.us jblankenship@borough .kenai .ak.us kring@borough.kenai.ak.us Department of Commerce, Community, and Economic Development ALCOHOL & MAR IJ UANA CONTROL OF FI CE 550 West 7th Avenue, Su ite 1600 Anch orage, AK 99501 Main: 907 .269.0350 Re: Notice of 2018/2019 Liquor License Renewal Application License Type : Cl ub I License Number: I 368 Licensee: BPO Elks Lodge #2425 Doing Business As: BPO Elks Lodge #2425 We have received a completed renewal application for the above lis t ed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the app roval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant w ith a clear and concise written statement of reason s for the protest within 60 days of receipt of this notice, and by allowing the applicant a r ea sonable opportunity to defend the application before a meeting of the local governing body, as requ ired by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capriciou s, and unreasonable. To protest the application referenced above, please submit you r written protest within 60 days, and show proof of service upon t he applicant and proof that the applicant ha s ha d a rea sonable opportunity to defend the application before a meeting of the local govern ing body. Sincerely, Eri ka McConnell, Di rector amco .localgovernmentonly@alaska.gov 86 . . :; ; Office of the Borough Clerk R o \.l 144 North Binkley Street, Soldotna, Alaska 99669 • (907) 714-2160 • (907) 714-2388 Fax 2/14/2018 Sarah Daulton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7th Ave, Ste . 1600 Anchorage, Alaska 99501-3567 Jo hni Bla nke ns h ip, MMC Boroug h Clerk RE : Non-Objection of License Renewal Application Business Name License Type License Location License No. Dear Ms. Oates, KENAI ELKS LODGE #2425 Club 205 Barnacle Way, City of Kenai 368 This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewa l application . Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant City of Kenai KPB Finance Department File 87 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7•h Avenue, Suite 1600 Anchorage, AK 99501 alcohol .li censing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Master Checklist: Renewal Liquor License Application License Type: Club I license Number: Doing Business As : BPO Elks Lodge #2425 Examiner: CDYM j Transaction #: Document Received Completed Notes AB-17: Renewal Application 12/22 1 / rv App and License Fees 12/22 \ I I 'U --. --- :>upp1emental Document Received Completed Notes Tourism/Rec Site Statement AB -25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation Fingerprint Cards & Fees I 12/22 \ / 1 0 AB-08a : Crim. History Late Fee 12/22 i 111:1-- Names on FP Cards: Selling alcohol in response to written order (package stores)? Mailing address different than one in database? In "Good Sta nding" with CBPL (skip this and next question for sole proprietor)? Officers and stockholders match CBPL and database (if "No", determine if transfer necessary)? [Master Checklist: Renewal] (rev 11/03/2017) j368 j 1020655 Yes No D~ DB GD 00 Pagel of l 88 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https ://www.commerce.alaska.gov/web/am co Phone: 907.269.0350 Form AB-17: Renewal License Application What is this form? This renewal l icense application form is required for all individuals or entities seeking to apply for renewal of an existing liquor license that will expire on December 31, 2016. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304.105. The Community Council field only needs to be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section 1 -Estabhshment and Contact Information Enter information for t he business seeking to have its license ren ewed. Licensee: BPO Elks Lodge #2425 License#: 368 License Type: Club Statute: AS 04.11 .110 Doing Business As: BPO Elks Lodge #2425 Premises Address: 205 Barnacle Way Local Governing Body: City of Kenai (Kenai Penin sula Borough) Community Council: None Mailing Address: 205 Barnacle Way City: Kenai I State: !AK I ZIP: 199611 Enter information for the licensee who will be designated as the primary point of contact regarding this application and the license . Designated Licensee: Contact Phone: Contact Email: Yes Seasonal License? D [Form AS-17) (rev 10/25/2016) Mary Jackson 907-398-0710 I Business Phone: I 907-283-7776 majack99669@hotmail .com or kenaielks@alaska.net No 00 If "Yes", write your six-month operating period:----------- l u.. J< M11 • ,, • ,11 •1ri •! fj r T l I • 89 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7'0 Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907 .269.0350 Form AB-17: Renewal License Application Section 2 -Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applylng for a license. Entities should skip to Section 3. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affil iate (spouse). This individual Is an: 0 applicant D affiliate Name: Address: City: -I State: .. J -I ZIP: J Email: Contact Phone: This individual Is an: D applicant D affiliate Name: Address: City: I State: I I ZIP: I Email: Contact Phone: Section 3 -Entity Ownership Information -·-- This subsection must be completed by any licensee that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC). Partnerships may skip to Page 3. Sole proprietors should skip to Section 4. I Alaska DOC Entity#: 198230 Alaska Division of Corporations: Yes No Is your entity in good st anding with the Alaska Division of Corporations? ~ D ., [Form AB-17) (rev 10/25/2016) \ l . [ •I 90 t.ltoho ano M1r l"'•na Control O H1te S~O \\ 1·~ A11 tn..i~. Su l R lE-OJ An:,,cr:aic. M~ S'!~l _____ :_ - ~ho .,t ~~7 2E9 OlSll .. i Alaska Alcoholic Beverace Control Board ''••·-~0:::/ Form AB-17: Renewal License Application Th•• subsoction must bo tomploted by any~ including• corpor.ition, limltrd llablllty company {llC), partnrrshlp, er ll mltrd partnrrshlp, th at is ~pplying for re nC!wal. If more sp ace is necdi:d, plc.,sc i1tUch OJdditional complet~d copies of th1s pilce. Ii ~'\e ;,po:icant 1s .J coroor;,tion tne fo 1low1"'g 1rforma::on rrus: oie con'lp ieted fo" ea i:r. srockhold~r who owns JO S or more of th€: ~t ocl.. 1:"\ thE co rpo:-;it10'\, and fo-ea:"" pru id~nr. v1c~·p1~sidrnt; secrttary, ano managing officer If :r-E iopl1cant is a hmlltd li:abllitv oraaniuUon :hE-to 1ION 1ng 1n!orma tt on m .. sr be corroleteo fo r eac !" m~mber w ith on ownrrship inr~rest o/ 10fiit or mo1r. and ior e oc h monaotr If tnf apo'1c.imt s a partnership i!"C ud ng a limited p11qncrsh ip :ne fo !lcw1ng 1~l forrr at on m:.st be comp ltttd for t;ich partner wirh on interest o 109' or mer~. ard 'or each rnual partnf!r. Entity Offici a l: L Tltle(sl: -~ddress: City: Entity Offici;il : Title(s): Address: ; Mary Jackson 1President Phone: 907 -398-0710 '°owned: NI A Soldotna State: I AK ZIP: 99669 ' Kris O'Neal Vice-President I Phone : !615-512-1747 ,; Owne d: l N/ A 1204 S. Forest Dr., Apt #16 l City : ! Kenai I State: I AK ZIP : 19 9611 '--·~~·-----------------------------------------'-----------------------1------------' Entity Official: ; Mike Dimmick Tille (s): I 1Secretary Addrrss: I 1113 Walnut Ave . City: !Kenai Entity Official: Addrrss: City : IForm A8·17 1!·c, 10175120 161 I Phone : I 907-398-3910 !rnwned: I N/A I I I Statr: j AK I ZIP: I 99611 one : 907-398-9121 '• 1 d: NI A State: AK I ZIP: 99669 %Owned : j State: ZIP: fffi[g©~OW~@ EJ ALCO HOL MARIJUANA CONTROL OFF!Lf STATE 0~ ALASKA 91 Alcohol and Marijuana Control Office 550 W ih Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-17: Renewal License Application Section 4 -Authorization Communication with AMCO staff: Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: Yes No I Mike Dimmick, Secretary of the Lodge & Konrad Jackson , Treasurer of the Lodge Section 5 -License Operation Check the box that best describes your liquor license operations in calendar years 2015 and 2016: The license was regularly operated continuously throughout each year, for 8 or more hours each day. The license was regularly operated during a specific season each year, for 8 or more hours each day. The license was only operated to meet the minimum requirement of 30 days each year, 8 hours each day. If this box is checked, an AMCO employee will contact you after reviewing your application. The l icense was not operated at all or was not operated for at least the minimum requ irement of 30 days each year, 8 hours each day, during one or both of the calendar years. If this box is checked, an AMCO employee will contact you after reviewing your application. Section 6 -Convictions Applicant convicti ons in calendar years 2015 and 2016: Has any person named in this application been convicted of a violation of Title 04, of 3 AAC 304 , or a local ordinan ce adopted under AS 04.21.010 i n t he ca lendar years 2015 or 2016? If "Yes", list all convictions: [Form AB-17} (rev 10/25/2016) ~ D D D Yes No Of:I Page4 of5 92 Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https ://www.commerce.alaska.gov/web/amco Phone: 907 .269 .0350 Alaska Alcoholic Beverage Control Board Form AB-17: Renewal License Application Section 7 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that all current licensees (as defined in AS 04.11.260) and affiliates have been listed on this application, and if the licensee is an organized entity, that all current entity officials and stakeholders are listed with the Alaska Division of Corporations. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued . I certify that in accordance with AS 04 .11.450, no one other than the license-:(s) has a direct or i ndirect financi~~erest_, I certify that I have not altered the functiona l floor p lan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership (including officers or stakeholders) from what is currently on file with the Alcoholic Beverage Control Board. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Alcoholic Beverage Control Board . Initials As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned to me as incomplete. Signature otary Public Mary Jackson Notary Public in and for the State of f\) C?c.. '")Ko.., Printed name of l icensee My commission expires: ~/\ r 'v'64 ~'t d J) I .20Jl. License Fee: $ 1200 .00 Filing Fee: TOTAL: $1400.00 late Fee of $500 .00 -if received or postmarked after 01/03/2017 : ~f)t),oO / ,oo GRAND TOTAL (if different t han TOTALt: r- [Form AB -17] (rev 10/25/2016) PageSof~ ' . (· ' 93 Division of Corporations, Business and Professional Licensing Department of Commerce. Community. and Economic Development Division of Corporations, Business and Professional Licensing State of Alaska > Commerce > Corporations, Business, & Profosslonal Uccnslng > Search & Database Download > Corp. > Corporation Detail& NAME(S) Type Name Legal Name KENAI LODGE NO . 2425 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE U S OF AMERICA ENTI1Y DETAILS Entity Type: Nonprofit Corporation Entity #: 9823D Status: Good Standing AK Formed Date: 12/15/1970 Duration/Expiratio n: Perpetual Home State: ALASKA Next Biennial Report Due: 7/2/2018 Entity Mailing A dd re ss: 205 BARNACLE WAY , KENAI , AK 99611 Entity Physi cal Address: 205 BARNACLE WAY , KENAI . AK 99611 REGISTERED AGENT OFFICIALS AK Entity# A gent Name: Dan Aaronson Regis tered Malling A ddress: 205 BARNACLE WAY, KENAI. AK 99611 Registered Physical Address: 205 BARNACLE WAY , KENAI, AK 99611 Name Allen Burkett Joel Macrander John Osbourne Kayla Masse ra Konrad Jackson Kristopher O'Nea l Mary Jackson Matt Schilf Michael Creighton Michael Dimmick Ron Henderson T itles Director Director Director Director Treasurer Vice President President Dire ct or Director Secretary Director FILED DOCUMENTS Date Filed Type Filing 12/15/1970 Creation Filing Click to View 12/15/1 986 Biennial Report 5/11/1988 Biennial Report 5/17/1990 Biennial Report 10/27/1992 Biennial Report Click to View https ://www.commerce.alaska.gov/CBP/Main/Search/E ntityDetail/98230 Certificate Page I of 2 DShow Former Owned 1/3/2018 94 Alaska Entity #98230 State of Alaska Department of Commerce, Community, and Economic Development Corporations, Business, and Professional Licensing Certificate of Reinstatement The undersigned, as Commissioner of Commerce, Community, and Economic Development of the State of Alaska, hereb~ ce rti fies ~ a__Q_t.Jly sign~ ang...--Y.filififilt__ il ing pu rsuan t to the provisions of Alaska Statutes has been received in this office and has been found to conform to law. ACCORDINGLY, the undersigned, as Commissioner of Commerce, Community, and Economic Dev elopment, and by virtue of the aut hority vested in me by law, hereby issues this certificate to KENAI LODGE NO. 2425 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE U S OF AMERICA IN TESTIMONY WHEREOF , I execute the certificate and affix the Great Seal of the State of Alaska effective November 13, 2017. Mike Navarre Commissioner 95 THE STATE 3815052 0 rALASI<A Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110 806, Juneau , AK 99811-0806 (907) 465-2550 • Email : corporations@alaska.gov Website : Corporations.Alaska.gov • This report is due on July 02, 2016 Nonprofit Corporation 2016 Biennial Report For tile period ending June 30, 201e • $25 .00 if postmarked before August 02, 2016 $30.00 if postmarked on or after August 02, 2016 AK Entity#: 9823 0 Date Filed : 11/13/2017 State of Alaska, DCCED FOR DIVISION USE ONLY RECENED Juneau ~:::100 J 3o ll~l~l~~I MH ~~ CP671228 RE#10655388 Entity Name : KENAI LODGE NO . 2425 BENEVOLENT Registered Agent AND PROTECTIVE ORDER OF ELKS OF ~~~~~-======--=-~~-~Tij~E~-~Ll~-S~O~E~A~M~E~R~!~G~A-=~~~====-=-======~==-=====~~~-=-==--=====-~==~~~ Entity Number: 98230 Name: Home Country: UNITED STATES Physical Address: Home State/Province: ALASKA Ma lling Address: Entity Physical Address: 205 Barnacle Way, Kenai, AK 99611 Entity Mailing Address: 205 Barnacle Way, Kenai, AK 99611 Dan Aaronson 205 BARNACLE WAY, KENAI, AK 99611 205 BARNACLE WAY, KENAI , AK 99611 Please Include all officials. Check all titles that apply. Must use tiUes provided. All domestic non -profit corporations must have a president, vice president, secretary , treasurer, and at least three directors . The secretary and the president cannot be the same person . Name Address 0.!. Owned Mary Jackson PO Box 2935 Soldotna, AK 99669 Kristopher O'Neal 204 S. Forest Dr. , Kenai, AK 99611 Michael Dimmick 1113 Walnut Ave . Kenai , AK 99611 Konrad Jackson PO Box 2935 Soldotna, AK 99669 If necessary, attach a list of additional officials on a separate 8 1/2 X 11 sheet of paper. Purpose: INCULCATE PRINCIPLES NAICS Code: 813410-CIVIC AND SOCIAL ORGANIZATIONS New NAICS Code (optional): Estimated value of all real or personal property of the corporation : Entity #: 98230 Page 1of2 1971.721.00 NIA NIA NIA NIA l! l ~ ( )!:> ~ l! I ~ l! l: ! ~] ~ ~ 1 i·~ .. !I il ,g c g ~ :'2 j Ji ~ ~, j' ~ ~ i3 Cl. I-.E - 7 -z -L 7 ......... l ~WIH~WH K 1 9 e 1 o 6 6 UEC' I 96 Entity #: 98230 4 -'-'-=-:.~=----"ti!=---. ,.,.i2,.,.'l=-..HHl:Jlete : / / -' .. 17 Page 2 of 2 ••• j -,.:.1"E.D r-'-J~oeaU N0'4 \ 31\lfl csPL DEC ) 11 97 Kenai Lodge #2425 Benevolent and Protective Order of Elks of the US of America Entity Number: 9823D Corporate Directors as of November 1, 2017: John Osbourne, Director Matt Schilf, Director Kayla Massera, Director Michael Creighton, Director Joel Macrander, Director Ron Henderson, Director Allen Burkett, Director Attachment to Biennial report PO Box 3076, Kenai, AK 99611 1207 Channel Way, Kenai, AK 99611 205 Barnacle Way, Kenai, AK 9961 l 205 Barnacle Way, Kenai, AK 99611 PO Box 1633, Kenai, AK 99611 35900 Luan St., Soldotna, AK 99669 PO Box l 496, Kenai, AK 99611 caPL DE:C I I 11 J 98 "Vt1/~e with a Past, City with a Future" the city of KENAl~SKA ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO : FROM: DATE: RE: David Ross, Chief of Police Willie Anderson, Lands Manager Terry Eubank , Finance Department Scott Bloom , Legal Department Matthew Kelly, City Planner ~mie Heinz, City Clerk U February 6, 2018 Liquor License Renewal ~ , 1111.' 1992 The Alcoholic Beverage Control Board has sent notification that the follo wing applicant has applied for renewal of its Liquor License No . 3239: Applicant: Jennifer Lee D/B/A: New Peking Restaurant Pursuant to KMC 2.40 .010, It is determined to be in the public intere st that holders of or applicants fo r licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please rev iew account(s ) maintained by your department (i.e . water and sewer bill ings, lease/property payment history, citations , etc .) by the above reference applicant. In itial w hether accoun t(s) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to th is memorandum indicating amounts owed and for which accounts . Please let me know if you have any questions . Once you have completed your section, p lease rou te to the next department. Thanks! 1. Police Department );).Re i nitials g)"have reviewed a ll record s for my departm e nt and th e a pplican t is current on obligations or ob lig ations do not exist. 0 The applicant has o utsta nding obligations and an additional pag e has been atta ched. t!!nance 71Jf7. Initials ~ I have revi ewed all records for my d epartm ent a nd the applican t is current on obligations or ob li gations do not exi st. 0 The ~~leant has oulsta nding obl igati ons and an ad ditional page has be en attached. 3~1 g initials lli1 have re viewed all records for my departm en t and the appli cant is current on obligations or obligations do not exi st. 0 The appli ca nt has outstandi ng obligations and an ad d1t1o nal pa ge has been atta ched 4~ds Management WJ./'='initials W I h ave reviewe d all reco rds fo r my department and the applicant 1s current o n o bli gations or obligations do not exist. Orhe applicant has outsta ndin g obligations and an addi tiona l page has b een attached . S~ing and Zoning f.J<.. initials l.::::11 have reviewed all reco rd s for my department and th e applica nt Is current on obliga ti ons or o bligations do not exist Orhe applica nt ha s ou tsta nding,oblig !Ions and an additio na l page has been attached . Returne d to Clerk 's o ffic e: 8 I 3 l '-6 99 THE STATE 01ALASKA GOVERNOR BILL WALKER February 5, 2018 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough.kenai.ak.us 1blanken sh1p@borough.kena1.a1<.us kring@borough.kenai.ak.us Department of Commerce, Community, and Economic Development A LCOHOL & MARIJUAN A CON TROL OF FICE 550 W est 7th Aven u e, Suite 1600 Anch orage, AK 99501 Mai n : 907 .269.0350 Re: Notice of 2018/2019 Liquor License Renewal Application License Type: Restaurant/Eating Place r ~. I License Number: j 3239 Licensee: Jennifer lee Doing Business As: New Peking Restaurant We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. Thi s is the notice required under AS 04.1 1.480. A local governing body may protest the approval of an application(s ) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and conci se written statement of rea son s for the protest within 60 days of receipt of this notice, and by allowing the appli cant a rea sonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.14S(d ). If a protest is filed , the board will den y the application unle ss the board finds that the protest is arbitrary, capricious , and unreasonable. To protest the application referenced above, please subm it your writte n protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely , Erika McConnell, Director amco .l ocalgovernmentonly@alaska.gov 100 \ rtNJtv ; : Office of the Borough Clerk R o u 144 North Binkley Street, Soldotna, Alaska 99669 • (907) 714-2160 • (907) 7 14-2388 Fa x 2/14/2018 Sarah Daulton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7th Av e , Ste. 1600 Anchorage, Alaska 99501-3567 Johni Bl ankens hip, MMC Borough Clerk RE: Non-Objection of License Renewal Application Business Name License Type License Location License No. Dear Ms. Oates, New Peking and Sushi Restaurant/Eating Places 145 S Willow Street, City of Kenai 3239 This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Sho uld you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankensh ip, MMC Borough Clerk JB/klr Encl. cc: Applicant _, .....,., City of Kenai KP B Finance Department File • 101 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7"' Avenue, Suite 1600 Anchorage, AK 99501 alcohol.l icensing@alaska.gov https://www.c ommerce.alaska .gov/w eb/amco Phone: 907.269.0350 Master Checklist: Renewal Liquor License Application License Type: REP I License Number: Doing Business As: N~w Peking Restaurant Examiner: ( lliv1i! I Transaction #: Document Received Completed Notes AB-17: Renewal Application 12/22/2017 \ { 3 0 App and License Fees 12/22/2017 I /3 0 Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) Athl.~: vva1ver ot Operation AB -30: Minimum Operation Fingerprint Cards & Fees I AB-08a: Crim. History Late Fee Names on FP Cards: Selling alcohol in response to written order (package stores)? Mailing address different than one In database? In "Good Standing" with CBPL (skip this and next question for sole proprietor)? Officers and stockholders match CBPL and database (If "No", determine if transfer necessary)? (Master Cheddlst: Renewal] (rev 11/03/2017) j3239 I 1017869 Yes No D 121 121 D DD DD Page1of1 102 Alaska Alcoholic Beverage Control Board Restaurant or Eating Place License Alcohol and Marijuana Control Office 550 W Po Avenue, Suite 1600 Anchoraee, AK 99501 alcohol.licensing@al aska.gov https://www.commerce.alaska.gov/web/amco Phone : 907.269.0350 Form AB-17a: 2018/2019 Renewal License Application What Is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing restaurant or eating place liquor license that will expire on December 31, 2017. All fields of this form must be complete and correct, or the application will be returned to you In the manner in which it was received, per AS 04.11 .270 and 3 AAC 304.105. The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough . This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section 1 -Establishment and Contact Information E nter in ormat1on or t e usmess see ing to f h b . k h ave its 1cense renewe . I any popu ate d f r d f in ormation is incorrect, p ease contact AMCO. Licensee: Jennifer Lee License#: 3239 1;,. ..... ., ... Tvnp• Destau,:antfiatiAg Plaee .naune: AS~.11.100 .. -Doing-Busi, .._ . ~ -· ing Restaarant ---· - Premises Address: 145 S Willow Street - local Governing Body: City of Kenai (Kenai Peninsula Borough) Community Council: None Mailing Address: City: ZIP: Enter information for the individual who will be designated as the primary point of contact regarding this application. This individual must be a licensee who is required to be listed in an authorized to si n this ap lication. Point of Contact: Contact Phone: Contact Email: Yes No Seasonal License? D 15lf If "Yes", write your she-month operating period:----------- [Form AfH7a] (rev 10/16/2017) License #3239 OBA New Peking Restaurant agelofS 1 103 Alaska Alcoholic Beverage Control Board Restaurant or Eating Place License Alcohol and Marijuana Control Offtee 550 w J'h Avenue, Suite 1600 Anchorage, AK 99501 alcohol .l icensing@a laska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Form AB-17a: 2018/2019 Renewal License Application Section 2 -Authorization Communication with AMCO staff: Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? Section 3 -Sole Proprietor Ownership Information Yes No This section must be completed by any sole proer!etorshlp who Is applying for license renewal. Entitles should skip to Section 4. If more space Is needed, please attach a separate sheet with the required Information. The following information must be completed for each licensee and each affiliate (spouse). I his lndlVldual ls an: ~pplicant D affiliate Name: Mailing Address: City: Email: Contact Phone: This individual Is an: D applicant Name: Mailing Address: City: Email: Contact Phone: [Form AS-17a) (rev 10/16/2017) License #3239 OBA New Peking Restaurant D affiliate 0 \A/\/\<- () State: I JAN 3 0 2018 I ALCOHOL MARrJUANA CONTROL OF 1e STATE OF ALASKA ZIP: ZIP: i I Page2of5 104 Alaska Alcoholic Beverage Control Board Akohol and Marijuana Control Office 550 W 7t11 Avenue, Suite 1600 Anchorage, AK 99501 alcoho l.lice nsing@alaska.gov https ://www.commerce.alaska.gov/web/a mco Phone : 907.269.0350 Restaurant or Eating Place License Form AB-17a: 2018/2019 Renewal License Application Section 5 -License Operation Check a single box for each calendar year that best describes how this liquor license was operated: The license was regularly operated continuously throughout each year, for 8 or more hours each day. The license was regularly operated during a specific season each year, for 8 or more hours each day. The license was only operated to meet the miriimum requirement of 30 day_; each year, 8 hc.urs each day. If this box is checked, a complete copy of Form AB-30: Proof of Minimum Operation Checklist, and all necessary documentation must be provided with this application. 2016 2017 The license was not operated at all or was not operated for at least the minimum requirement of 30 days each year, D D 8 hours each day, during one or both of the calendar years. If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operated for at least the minimum requirement. ------sect1oh6-Vlolltlons aiiil ConYlctlons Applicant violations and_ convictions In calendar years 2016 and 2017: Have any notices of violation (NOVs) been issued to this licensee in the calendar years 2016 or 2017? Has any person or entity named In this application been convicted of a violation of Title 04, of 3 AAC 304, or a local ordinance adopted under AS 04.21.010 in the calendar years 2016 or 2017? Yes No D EZI D 0 If ''Yes" to either of the prevlcus two questicns, attc::h a separo:te page t.j this apf)Ucat:.)r. listing all f'~CVs and/or c~nvlctlons. Section 7 -Alcohol Server Education Read the line below, and then sign your Initials In the box to the right of the statement: Initials I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron g have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, as required under AS 04.21.025 and ~ 3AAC304.465. T + . ' / 7 U f::' I J,..' ( \ 1 tt! ) [Form AB-171) (rev 10/16/2017) license #3239 OBA New Peking Restaurant Page4of5 JAN 3 0 2018 105 ·- Alaska Alcoholic Beverage Control Board Restaurant or Eating Place License Alcohol and Marijuana Control Office 550 W 7rti Avenue, Suit e 1600 Anchorage, AK 99501 alcohol .licensing@alaska ,gov https ://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Form AB-1 7a: 2018/2019 Renewal License Application Section 8 -Gross Recei pts Enter the dollar amounts of the food and gross (food + alcohol) receipts on the licensed premises, and calcul ate the percentage of ross recel ts that are from food sales on the licensed remlses for each calendar ear. (Food Rece i ts + Gross Rece i ts x 100 = %} 2016 Food Receipts: $ 2.(J), 000 2016 Gross Receipts: $ ~ '] eO "From Food: 2017 Food Receipts: $ fi" 0 00 2017 Gross Receipts: $ / /~ C)0 "From Food: Sect ion 9 -Ce rtifica tions Read each flne below, and then sign your Initials In the box to the right of each statement: I certify that all current licensees (as defined In AS 04.11.260) and affiliates have been listed on this application. I certify that i n accordance with AS 04.11.450, no one other than the licensee(s) has a direct or i ndirect financial interest in the licensed business . Initials ~~ EEJ ~ __ l_c_ertl fy that I have not altered the functional floor plan or..r.educed..oi:-expanded-the.ar-ea-of-t~censed-premise s;-----i0t:::7=:::J·f~ and I have not changed the business name or the ownershi p (including officers, managers, general partners, or y V : ---st-akehol ders)-frorrrwhatis cur 1 ently on ft ll!"Wlth t he Alcofiohc Beverage Cc>n ti'OT"Boar . I certify on beha lf of m yse lf or of the organized entity that I understand that providing a fal se statement on this form or ~ _ any other form provi ded by AMCO is grounds for rejecti on or denial of this application or revocation o f any license issued. ~ ~ · 1~ °"re_ M-'{ -" (\ ~t>.\5 -;\ As an applicant for a liquor llcense renewal, I declare under penalty of perjury that I have read and am familiar with ~ 3 AAC 304, and that this app l ication, including all accompanying schedules and statements, is true, correct, and complete . I agree to provide all information required by the Alcoholic Beverage Control Board in support of this applicati on and understand that failure to do so by y deadline give to me b AMCO staff will resu lt i n this application being returned to me as i ncomplete. ~., ••• • • s;goatu~ Notary Public in and for the St ate of A { ~ k-vt. fu,)9 My commi ssi on expires: "'J./ ( 1/240 , l"\. I r , Subscribed and sworn to before me this K-ay of 1...-f ce-t11 ~ I 20-13:_. License Fee : $ 600.00 Application Fee: $ 200.00 Late Fee of $500.00 -if received or postmarked after 01/02/2018: Miscellaneous Fees : GRAND TOTAL (if different than TOTAL): [Form AB-17a) (rev 10/16/2017) License #3239 OBA New Peking Re staurant JAN 3 0 2018 f- l AL COHOL MARrJUAN A CON TR OL OF ICE \ STATE OF.ALASK A -- TOTAL: $ 800.00 - \ Page SofS 106 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3009-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $63,850 IN THE WATER AND SEWER CAPITAL PROJECT FUND FOR PROJECTS IDENTIFIED IN THE FY2018 BUDGET. WHEREAS, the adopted FY2018 Budget included funding for two (2) Sewer Department Capital Projects; and, WHEREAS, the two (2) projected identified were: 1. Lift Station Upgrades $25,000 2. Inlet Woods Lift Station Upgrade 38,850 ; and, WHEREAS, capital project funds approved in the City’s Annual Operating Budget must be subsequently appropriated in the associated capital project fund prior to expending of funds; and, WHEREAS, adoption of this ordinance will make the funds available to the department to expend on the approved projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That estimated revenues and appropriations be increased as follows: Water & Sewer Capital Projects Fund: Increase Estimated Revenues: Transfer from Water & Sewer Fund $63,850 Increase Appropriations: Lift Station Upgrades - Construction $25,000 Inlet Woods Lift Station Upgrade – Construction 38,850 $63,850 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. 107 Ordinance No. 3009-2018 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of March, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: February 21, 2018 Enacted: March 7, 2018 Effective: March 7, 2018 108 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: February 12, 2018 SUBJECT: Ordinance No. 3009-2018 – Appropriating Sewer Department Capital Projects identified in the FY2018 Operating Budget. ____________________________________________________________________________ The FY2018 Adopted Budget included funding for two (2) Sewer Department Capital Projects. Both projects are related to lift station upgrades. The first project will provide $25,000 for general upgrades to any lift station and the second project provided $38,850 for upgrades to the lift station serving the Inlet Woods Subdivision. Projects appropriated in the City’s Operating Budget require subsequent appropriation in the appropriate capital project fund before funds can be expended. Ordinance 3009-2018 will appropriate these two projects in the Water & Sewer Capital Project Fund allowing the Sewer Department to begin utilizing the funds for the budgeted purpose. Your support is adoption of Ordinance 3009-2018 is respectfully requested. 109 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: February 8, 2018 SUBJECT: Revision of Beautification Committee Meeting Start Time At its January 9, 2018 meeting, the Beautification Committee requested City Council revise its meeting start time from 7:00 p.m. to 6:00 p.m. Pursuant to Council Policy No. 2016-01(3)(c) the Council, by motion, may revise meeting start times for committees and commissions. An excerpt of the minutes of the meeting have been attached. Your consideration is appreciated 110 KENAI BEAUTIFICATION COMMITTEE JANUARY 9, 2018-7:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR LISA GABRIEL, PRESIDING EXCERPT OF DRAFT MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Gabriel called the meeting to order at 7 p.m. Roll was confirmed as follows: Members present: Members absent: Chair L. Gabriel, B. Madrid, S. Peterson , T. Canady, R. Sierer, K. Reed, T. Wilson None . Staff/Council Liaison present: Parks and Recreation Director B. Frates , Counci l Lia ison M. Boyle A quorum was present. 2. AGENDA APPROVAL It was noted that the Beautification Committee did not have a regular meeting in July. Commissioner Peterson MOVED to remove Item 3. b Ju ly 11, 2017 meeting summary from the agenda; and Commissioner Madrid SECONDED the motion. There were no objections; SO ORDERED. MOTION: Commissioner Madrid MOVED to approve the agenda and Commissioner Sierer SECONDED the motion . There were no objections; SO ORDERED. 7. NEW BUSINESS a. Action/Approval -Discussion/Recommendation -Change Meeting Time Director Frates noted that the idea of changing the meeting time from 7 p .m. to 6 p.m . was brought forward at a previous meeting with a request for further discussion . MOTION: Commissioner Sierer MOVED to change the Commission meeting time to 6 p .m. and Commi s sioner Canady SECONDED the motion . There were no objections ; SO ORDERED . 111 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: February 14, 2018 SUBJECT: Parks & Recreation Commission Appointment ______________________________________________________________________ With the reorganization of the Parks & Recreation Commission at the January 17, 2018 City Council meeting, making the Student Representative an advisory eighth seat, the Parks & Recreation Commission currently has a vacancy that needs to be filled. Freddie Perez has submitted an application expressing interest in filling the vacancy. The term expires December 2020. Mayor Gabriel has requested this applicant be added to the meeting agenda for his nomination and consideration by Council for confirmation. A committee/commission vacancy shall be filled by nomination of the Mayor and confirmation by the Council (KMC 1.90.010). Your consideration is appreciated. 112 11 /27/2 017 Submission #27 Published on The City of Kenai (http://www.kenai.city) Home > Government> Commissions & Committees > Commissionl Committee Application > Webform results > Commiss ion/Committee Application Subm ission informat ion ----------------------------~ Form: Commission/Committee Application 111 Submitted by Anonymous (not verified) Wed, 10/11/2017 -5:02am 74 .123 .240.9 Date Wed, 10/11/2017 Name Freddie Perez Resident of City of Kenai? Yes If resident, how long? 20yrs + Residence Address 204 Birch St Mailing Address 204 Birch st. Home Telephone 9077408019 Home Fax Business Telephone Business Fax Email address May we include your contact information on our website? Yes, but not all (specify below) If not all, what may we include? not my Email address Employer KPBSD Job Title Custodian Name of Spouse Amanda Perez http://www.kenai .city/print/146/submission/587#overlay-context"government/commissions_commi ttees/application 1/2 113 11 /27/2017 Current Membership in Organization Community Gardens Past organizational memberships Submission #27 Committees or commissions in which you are interested Parks and Rec Comission, Beautification commitee Why do you want to be involved with this commission or committee? I would love to be more involved in my community this is definitely the right avenue for me to do this! I would like to learn more about the inner workings of our FINE city and find ways to help improve it. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? Long time resident who truly cares about what goes on here in our community. Looking to make Kenai a better place for my kids and grand kids!!! Links: [1] http://www.kenai.city/government/commissions_committees/application http://www.kena i.city/prinV146/submission/587#overlay-context=governmenUcommissions_committees/application 212 114 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: February 14, 2018 SUBJECT: Action Approval - 2014 / 2016 Integrated Water Quality Monitoring and Assessment Report – City of Kenai letter to Alaska Department of Environmental Conservation in response to Kenai River Special Management Area Advisory Board Comments ____________________________________________________________________________ This memo is requesting the City Council to authorize the City Manager to submit the attached letter to the Alaska Department of Environmental Conservation (ADEC) in response to the Kenai River Special Management Advisory Board comment letter that was submitted to ADEC on January 22, 2018. Your consideration is appreciated. 115 February 12, 2018 Mr. Drew Grant Alaska Department of Environmental Conservation Division of Water P.O. Box 111800 Juneau, AK 99801 Email: drew.grant@alaska.gov SUBJECT: 2014 / 2016 Integrated Water Quality Monitoring and Assessment Report – Kenai River Special Management Area Advisory Board Comments Dear Mr. Grant, I received a copy of the Kenai River Special Management Area Advisory Board (KRSMA Board) comments on the Draft Integrated Water Quality Monitoring and Assessment Report on January 22, 2018. The City of Kenai is a member of the Board and the comments do not accurately reflect the position of the City of Kenai. While sharing some of the same concerns as the KRSMA Board, the City has not come to the same conclusion as is stated in the KRSMA Board letter that, “…..current use patterns do not pose a threat to the health of the resource.” The City’s position is that further turbidity studies are needed to determine the extent of the problem. Additionally, the KRSMA Board letter states in the introduction that, “These comments follow careful review of the report by KRSMA Board members and includes active public participation solicited through the public meetings of several committees of the KRSMA Board.” While the City of Kenai did carefully review the Integrated Report and attended the committee meetings of the KRSMA Board the City was not given an opportunity to review the letter prior to its submittal to ADEC. It is my understanding that only a small number of KRSMA Board members were given an opportunity to review the letter prior to its submittal and as such, the representation that this is a comment letter on behalf of the KRSMA Board is not supported by the process that was followed. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 116 The City of Kenai is focused on supporting a plan to get the Kenai River removed from the Category 5 list by the time the next Integrated Report is published in 2018. The City is committed to a collaborative effort with ADEC to pursue resolution of this issue. Sincerely, Paul Ostrander City Manager 117 COUNCIL ON AGING MEETING JANUARY 11, 2018 – 4:30 P.M. KENAI SENIOR CENTER CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Geller called the meeting to order at 4:30 p.m. Roll was confirmed as follows: Members Present: J. Hollier, R. Williams, M. Milewski, Chair V. Geller, B. Osborn, Vice Chair A. Weeks, D. Erwin Members Absent: B. Modigh, L. Nelson Staff/Council Liaison Present: Council Member G. Pettey, Senior Center Director K. Romain A quorum was present. 2. AGENDA APPROVAL a. January 11, 2018 MOTION: Councilor Williams MOVED to approve the agenda with the removal of Item 3. Election of Chair and Vice Chair, postponing it to February 8, 2018 meeting, and requested UNANIMOUS CONSENT; Council Member W eeks SECONDED the motion. There being no objections; SO ORDERED. 3. ELECTIONS OF THE CHAIR AND VICE CHAIR [Clerk’s Note: This item was removed from the agenda during Approval of the Agenda.] 4. APPROVAL OF MEETING SUMMARY a. November 9, 2017 MOTION: Council Member Osborn MOVED to approve the November 9, 2017 meeting summary and requested UNANIMOUS CONSENT; Council Member Williams SECONDED the motion. There being no objections; SO ORDERED. COUNCIL MEMBER NELSON ARRIVED AT 4:50 P.M. 5. PERSONS SCHEDULED TO BE HEARD – None. 6. UNFINISHED BUSINESS – None. 118 Council on Aging January 11, 2018 Page 2 of 3 7. NEW BUSINESS a. Introduction of Angie Clary, Administrative Assistant Due to Clary’s absence, her introduction will take place at the February meeting. b. Introduction of Council Liaison, Glenese Pettey Council Member Pettey was introduced and welcomed to the Council on Aging as its Council Liaison. Pettey reported on recent activities of the City Council. c. Discussion/Recommendation - Revision to Agenda Order The membership reviewed the memorandum included in the packet received from City Clerk Jamie Heinz. The Clerk’s recommendation was to change all Commission, Committee, and Council on Agenda orders to include the Pledge of Allegiance, Roll Call, and Agenda Approval as subsections to the Call to Order, and to add “Unscheduled Public Comment” after “Scheduled Public Comment” at the beginning of the meeting in order to provide the public more opportunity to speak. Making the recommended changes will bring the agendas in much the same order the City Council agendas. MOTION: Council Member Williams MOVED to accept the recommended changes to the Council on Aging agenda order and requested UNANIMOUS CONSENT; Councilor Nelson SECONDED the motion. There being no objections; SO ORDERED. d. Discussion - Goals for 2018 The suggested goals for 2018 were discussed. Ideas included: • Joint brochure with the Kenai Chamber of Commerce; • Veterans opportunities; • Health Fair (including newspaper advertisement of it taking place); • Bring-a-Friend-to-Lunch; • Holding the volunteer appreciation in October, November, or December; • Initiating Senior Ambassador Program; and • Address additional parking spaces needed at the Senior Center. 7. REPORTS a. Senior Center Director – Director Romain noted a volunteer appreciation dinner was planned for Thursday, February 1 to thank the many volunteers that assisted the Administration in managing all the activities offered at the Senior Center. b. Council on Aging Chair – Chair Geller noted that the Senior Connection, Inc. was gearing up for the March for Meals fundraiser to be held March 23. c. City Council Liaison – Councilor Pettey reviewed items discussed recently by the City Council, including the expected bluff erosion project determination by the Corps of Engineers expected in April; her willingness and determination to 119 Council on Aging January 11, 2018 Page 3 of 3 advocate for the Council on Aging and Senior Center; and, possibility of additional parking spaces for the Center. 8. NEXT MEETING ATTENDANCE NOTIFICATION – February 8, 2018 9. QUESTIONS & COMMENTS 10. PERSONS NOT SCHEDULED TO BE HEARD – None. 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 5:37 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy Clerk 120 KENAI COUNCIL ON AGING FEBRUARY 8, 2018 – 4:30 P.M. KENAI SENIOR CENTER CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Geller called the meeting to order at 4:30 p.m. a. Pledge of Allegiance Chair Geller led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Members Present: J. Hollier, R. Williams, M. Milewski, Chair V. Geller, B. Osborn, L. Nelson, Vice Chair A. Weeks, D. Erwin Members Absent: B. Modigh (excused) Staff/Council Liaison Present: Council Member G. Pettey, Senior Center Director K. Romain, Administrative Assistant A. Clary A quorum was present. c. Agenda Approval MOTION: Council Member Osborn MOVED to approve the agenda and requested UNANIMOUS CONSENT; Council Member Erwin SECONDED the motion. There being no objections; SO ORDERED. d. Election of Chair and Vice Chair Councilor Geller MOVED to nominate Council Member Williams as Chair and Councilor Milewski SECONDED the motion. There were no other nominations and no objections. Council Member Weeks MOVED to nominate Council Member Erwin as Vice-Chair and Councilor Nelson SECONDED the motion. There were no other nominations and no objections. 2. SCHEDULED PUBLIC COMMENTS a. Michael Appleby, Social Worker and Pam Jones with Alaska Veterans Affairs Healthcare System Appleby and Jones provided an overview of what the AK Veterans Affairs Healthcare System provides, including the Housing and Urban Development, Veterans Affairs Housing Program; outside providers; Homeless Veterans Affairs Challenge; a Pharmacist on staff; audiology and 121 Council on Aging February 8, 2018 Page 2 of 2 podiatry monthly; an outpatient/satellite clinic in Homer; grief therapy; Veteran cemetery burial/marker assistance, etc. It was also noted a town hall meeting would be held on February 15 in Kenai at the Kenai Visitor & Cultural Center from 5:00 p.m. to 6:30 p.m. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY – None. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – March Surveys Director Romain noted a new survey would be prepared and available in the near future. She added that Administrative Assistant Clary was researching electronic survey possibilities. 7. REPORTS a. Senior Center Director – Director Romain noted that staff was preparing mail outs (including a donation slip/order for tickets, etc.) announcing the March for Meals Fundraiser to be held March 23, 2018. Romain also reviewed other upcoming event/project activities involving the Senior Center. b. Council on Aging Chair – Council Member Geller thanked the Council on Aging for allowing her to serve as its Chair. c. City Council Liaison – Council Member Pettey provided a bluff erosion project update, adding a public hearing would be held in April where the rolling over of the project’s dedicated resources would be considered by Council. Pettey gave a brief update of the planning for the July personal fishery. 8. NEXT MEETING ATTENDANCE NOTIFICATION – March 8, 2018 9. QUESTIONS & COMMENTS – None. 10. PERSONS NOT SCHEDULED TO BE HEARD – None. 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 5:54 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 122 KENAI AIRPORT COMMISSION FEBRUARY 8, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, J. Zirul, P. Minelga, J. Bielefeld, C. Henry, K. Dodge D. Pitts Staff/Council Liaison Present: Airport Manager M. Bondurant, Admin. Assistant E. Shinn, City Manager P. Ostrander, City Attorney S. Bloom, Council Member J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner Minelga MOVED to approve the agenda and Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None 3. UNSCHEDULED PUBLIC COMMENT City Manager Ostrander discussed alternatives to the purchase of airport land. He noted that 10 airport properties would be affected; the resolution would be a method to sell property. 4. APPROVAL OF MEETING SUMMARY a. January 11, 2018 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary from January 11, 2018 and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 123 Airport Commission February 8, 2018 Page 2 of 3 5. UNFINISHED BUSINESS a. Discussion/Recommendation – Field of Flowers Sign It was noted that the Kenai Central High School student that was previously expressed interested in the project has withdrawn. Airport staff has asked a Kenai Library staff member if he would be interested. The sign would be 4 ft. by 8 ft. in size and double-sided. 6. NEW BUSINESS a. Discussion/Recommendation – FY2019 Goals & Objectives It was noted that staff is working on the FY2019 budget. Goals and objectives were discussed to ensure the budget reflected them. The status of T-33 refurbish project was discussed. There was interest expressed to have this included in the FY2019 Goals and Objectives. Airport Manager Bondurant also provided a status of the FY2018 goals and objectives. b. Discussion/Recommendation – Resolution No. 2018-09 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Land Lease Application and Renewal Application Fees for Airport Reserve Land It was noted that this resolution was approved by City Council on February 7. Airport Manager Bondurant confirmed that the Airport maintained a copy of tenants Supplemental Plan. c. Discussion/Recommendation – Resolution No. 2018-10 – Approving a Standard Lease Form for Leasing Airport Reserve Lands Attorney Bloom spoke to this resolution and noted it was also approved by City Council on February 7. d. Discussion/Recommendation – Enhanced Advertising Opportunities It was reported that staff was working with the Alaska Channel, advertising concessionaire. A picture handout was provided. It was stated that the Kenai terminal needs enhanced advertising opportunities. Airport Manager Bondurant discussed some ideas. 7. REPORTS a. Airport Manager – Bondurant reported the following: • Currently working on FY2019 budget; • Both seasonal positions in the Operations Department were now gone; • The second snow removal equipment would arrive in a couple weeks; • She and Assistant Shinn would be out of the office attending the State of Alaska Disadvantaged Business Enterprise Conference on February 27-28; • Working on a new airline operating agreement; • Continued work on the terminal rehabilitation project; first phase on the street should begin in June. 124 Airport Commission February 8, 2018 Page 3 of 3 b. City Council Liaison – Council Member Glendening reported on the February 7 Council Meeting actions. 8. NEXT MEETING ATTENDANCE NOTIFICATION – March 8, 2018 Commissioners Zirul and Minelga noted they would not be in attendance to the next meeting. 9. COMMISSIONER COMMENTS AND QUESTIONS It was noted that the costs would be very high to have customs available in Kenai. Airport Manager Bondurant agreed to continue looking into this. Conference space for lease at the airport was discussed. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS a. December 2017 Enplanements b. January 2018 Airport Manager’s Report a. How to get Customs at the Airport 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:11 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 125 KENAI HARBOR COMMISSION FEBRUARY 12, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MEETING SUMMARY 1. CALL TO ORDER a. Pledge of Allegiance b. Roll Call Roll was confirmed as follows: Commissioners present: M. Dunn, G. Greenberg, B. Peters Commissioners absent: Chair C. Hutchison, C. Crandall, J. Desimone, Vice-Chair N. DuPerron Staff/Council Liaison present: City Manager P. Ostrander, Public Works Assistant K. Feltman, Council Member B. Molloy No quorum was present. c. Agenda Approval 2. SCHEDULED PUBLIC COMMENTS 3. UNSCHEDULED PUBLIC COMMENT 4. APPROVAL OF MEETING SUMMARY a. January 8, 2018 5. UNFINISHED BUSINESS a. Discussion – Defining Roles & Responsibilities 6. NEW BUSINESS a. Discussion/Recommendation – Capital Improvement Program Priorities 7. REPORTS a. Public Works Director b. Commission Chair c. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION – March 12, 2018 9. COMMISSIONER COMMENTS AND QUESTIONS 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION ITEMS 12. ADJOURNMENT The meeting was adjourned at 6:15 p.m. 126 Harbor Commission Meeting February 12, 2018 Page 2 Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 127 KENAI PARKS & RECREATION COMMISSION FEBRUARY 1, 2018 – 7:00 PM CITY HALL COUNCIL CHAMBERS CHAIR CHARLIE STEPHENS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Stephens called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Chair Stephens led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners present: C. Stephens, J. Joanis, T. Wisniewski, N. Widmayer Commissioners absent: J. Halstead, S. Kisena Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Member T. Navarre A quorum was present. c. Agenda Approval MOTION: Commissioner Widmayer MOVED to approve the agenda as presented; Commissioner Wisniewski SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. January 4, 2018 MOTION: Commissioner Wisniewski MOVED to approve the meeting summary of January 4, 2018 and Commissioner Widmayer SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – Draft FY2019 / 2020 / 2021 Capital Improvement Projects The Capital Improvement Project list was presented and reviewed for FY2019, 2020 and 2021. 128 Parks and Recreation Commission Meeting February 1, 2018 Page 2 Director Frates explained that some of the projects requested were carryovers from previous requests, specifically the Little League restrooms, soccer irrigation, and 4th Avenue Park. The focus of the discussion was on FY2019 and establishing priorities. Projects were reviewed and prioritized. Brief discussion followed regarding the Kenai Sports Complex - Soccer Fields. It was noted that a playground area was something that should be looked at in the near future along with a layout design for future fields. Director Frates stated that a work session is an option for some long-term master planning for that area. The commission prioritized FY2019 projects as follows: 1) Kenai Trails/Signage, 2) Kenai Little League Restrooms/Storage Facility, 3) 4th Avenue Park Playground, 4) Outdoor Event Stage Design Work, 5) Soccer Park Irrigation, and 6) Dog Park. It was recommended that a work session be held at 6 p.m. in advance of the next meeting to further discuss the FY2020 and FY2021 Capital Improvement Projects list. 7. REPORTS a. Parks and Recreation Director – Frates reported on the following: • There were some addendums to the cemetery RFP but otherwise moving along as planned; • Consideration was being given to a possible pond hockey tournament sponsored by the Kenai Brown Bears hockey; • Grooming of the ski trails continued to be unpredictable; the Tsalteshi youth program is scheduled to utilize the course Saturday, February 3, pending conditions. • Summer positions would be opening soon for recruitment; • The department recruited help by a Kenai Central High School (KCHS) student in building a bike repair station; the first one would serve as a prototype with others to possibly follow. b. Commission Chair – None. c. City Council Liaison – Navarre reported on the recent actions taken by City Council; noted that Council would be considering an ordinance by Administration to replace five spectator heaters at the multi-purpose facility; and provided an update of the policy regarding the student representative’s role on the Parks and Recreation Commission. 8. NEXT MEETING ATTENDANCE NOTIFICATION – March 1, 2018 9. COMMISSION QUESTIONS & COMMENTS It was requested that when Council discussed Airport lands, trails, connectivity and quality of life issues were a part of those discussions. Commissioner Joanis spoke to the Beaver Loop Pedestrian project and noted the path was scheduled for the south side of the road. She added that a flashing safety light (similar to KCHS, off Lawton Dr.) would hopefully be installed to assist users coming across Beaver Loop Road to access the Unity Trail. 129 Parks and Recreation Commission Meeting February 1, 2018 Page 3 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION a. Hockey Ice Schedule 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:35 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 130 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant – Airport Manager DATE: February 12, 2018 SUBJECT: February Mid-month Report 2010 Master Plan – The complete master plan along with the mylars was sent to the FAA on January 30, 2018. This project will be closed out. 2016 Fencing Rehabilitation – Wince-Corthell-Bryson will have the 99% plans and specs ready for FAA and Environmental review by February 28, 2018. 2017 Terminal Rehabilitation Project – Design Grant – Wince-Corthell-Bryson submitted the draft Design Study for the Terminal Building Rehabilitation to City Administration for review on February 1, 2018. 2017 Snow Removal Equipment - One of two pieces of snow removal equipment (SRE) arrived at the Airport the week of December 18. The multi-purpose unit broom head arrived the week of February 5 and the main unit should be here in the next couple of weeks. Airport staff has been very busy with snow and ice control and the preparation of the FY19 budget. Kenai Patient Movement/Mass Casualty meeting - Sondra D. Leclair, Emergency Program Manager, State of Alaska Department of Health and Social Services, contacted the Airport for our participation in an upcoming Disaster Health Planning and Patient Movement meeting. The Section of Rural and Community Health Systems is responsible for statewide planning, response, and recovery activities in relation to public 131 Page 2 of 2 February Mid-month health and medical disasters. One of the critical plans is the Mass Casualty Response Plan, which is based upon a catastrophic earthquake scenario in Southcentral Alaska. The plan is separated into different regional approaches, with the goal of saving the greatest number of lives in each area by facilitating access to medical care as quickly as possible. A meeting is being held on February 27, 2018 with critical emergency management and healthcare-related organizations in Kenai to review the essential components; tour of hospital, tour of airport, and tours of alternate care sites/patient staging facilities, etc. 2018 Alaska DOT Disadvantaged Business Enterprise (DBE) Summit – Airport Manager and Administrative Assistant will be out of the office on February 27 & 28 to attend this conference in Anchorage. 132 MEMORANDUM TO: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: 2/1/18 SUBJECT: January 2018 Animal Control Monthly Report This month the Kenai Animal Shelter took in 55 animals. Animal intake and disposition: DOGS: INTAKE 21 DISPOSITION 20 Waiver 10 Adopted 11 Stray 8 Euthanized 1 Impound 0 Claimed 5 Protective Custody 2 Field Release 0 Quarantine 1 Transferred to Rescue 3 Other Intakes 0 Other Dispositions 0 CATS: INTAKE 32 DISPOSITION 37 Waiver 21 Adopted 25 Stray 11 Euthanized 1 Impound 0 Claimed 0 Protective Custody 0 Field Release 0 Quarantine 0 Transferred to Rescue 11 Other Intakes 0 Other Dispositions 0 OTHER ANIMALS: INTAKE 2 DISPOSITION 6 Guinea Pig 2 Rabbit 5 Guinea Pig 1 DOA: 3 OTHER STATISTICS: Dog 2 Licenses (City of Kenai Dog Licenses) 26 Cat 1 Microchips (Dog and Cat) 0 133 Page 2 of 2 2 Citations 7 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 82.2 Volunteer Hours Logged 32 Animals are known borough animals 15 Field Investigations & patrols Statistical Data: 46 2016 YTD Intakes 43 2017 YTD Intakes 55 2018 YTD Intakes 134 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: February 2017 SUBJECT: Mid-Month Report; Public Works / Capital Projects • Recruitments – New Water & Sewer operator has been hired. Begins work February 27, 2018. Recruitment for new WWTP operator underway. • WWTP Improvements – An amendment was executed to prepare construction documents. The improvements include installing dissolved oxygen probes, variable speed drive blowers, fine bubble diffusers, and evaluation of other potential energy saving upgrades. • Recoat Existing Reservoir – Close out in progress. Engineer requested a final approval to operate and submitted asbuilt drawings to ADEC and the City. • Public Safety Building Improvements – Closed out. • Fencing Rehab with Access Control –Design in progress. Scope includes bringing security card access to nine gates and possibly gate upgrades. • Small Taxiways and Aircraft Tiedown Rehabilitation – Closeout in progress. Scope included rehabilitating pavements on Taxiways F, G and H and the long-term tie-down apron and addressing FAA comments on taxiway and runway lighting as well as existing and new area lighting. • Terminal Building Rehab Conceptual Plan and Design – The Draft Design Study Report was completed February 2, 2018 and is under review. Scope generally includes HVAC and electrical upgrades, a new roof, better space utilization, and cosmetic improvements. • 2016 Improved Airport Drainage – Closeout in process. Scope included replacing the floatplane pond outfall gate and mitigating ponding areas that attracted wildlife. • Kenai Airport Airfield Marking and Signage 2016 – Closeout in progress. • Dock repair – Design in progress. Scope includes repairs to damage caused by the earthquake and cathodic protection to mitigate accelerated corrosion of the piling. 135 Page 2 of 2 Mid-Month Report • Flight Service Station Phase 3 (Interior remodel) – W ill be bid this winter. The scope includes break-room upgrades, lockers, painting, carpet, duct and carpet cleaning. This will complete the work required by the FAA lease agreement. • Animal Control Kennel Painting – Closeout in progress. • Senior Center Dining Room Atrium Replacement and Roof Repair – Closeout in progress. • Purchase Sander Trucks – Purchase Orders have been provided to the vendors. Delivery anticipated in March 2018. • Purchase Street Sweeper – Specifications in development. • Recreation Center Improvements – Design in progress. Scope includes replacing ageing water heaters with high efficiency heaters, HVAC improvements including replacing Roof Top Units and system upgrades, e.g. thermostat locations and flow balancing. A PO increase is included in this packet. • Recreation Center Management Agreement – Request For Proposal (RFP) documents in development. A meeting was held with the proposal review committee to discuss scoring criteria. • Ryan Creek Culvert Repair – Design in progress. This culvert crosses Frontage Road from Leif Hansen Memorial Park to the drainage that runs next to the Senior Center. • Kenai Cemetery Expansion 2018 – design proposal delivery deadline was extended to February 13, 2018. Proposals are currently under review. Scope includes grading and seeding, aluminum and chain link fencing, gravel road and walkways, survey monuments, and a well and related appurtenances. • USACE Bluff Erosion – See City Manager’s report. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 1 Swires Rd. to Eagle Rock Dr. is reported by DOT to Bid in January 2018. City of Kenai water main replacement crossing KSH at Shotgun/Beaver Loop designed, funded, and will be bid with DOT project. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake – ADOT advises they plan to bid in November 2018, more likely 2019.. • DOT KSH Rehabilitation (Grind and pave) MP 12.25 to 18.52 - ADOT advises they plan to bid and construct in 2018. • DOT Beaver Loop Road and Pedestrian Pathway Project – ADOT advises construction may be possible in 2018, more likely 2019. 136 attachment FINANCE DEPARTMENT MID-MONTH REPORT February 2018 To: Mayor Gabriel Council Members Thru: Paul Ostrander, City Manager From: Terry Eubank, Finance Director Date: February 12, 2018 Re: Monthly Report The past month has been a busy one with much of the department’s focus on the preparation of the FY2019 Budget. Attached is the FY2019 budget preparation calendar. The Council is tentatively scheduled to receive its first draft of the FY2019 budget on April 4th. There is much work to be done by all City departments in preparing the FY2019 budget over the next couple of months. The department has also been working on the development of a Fund Balance Policy for the City’s Airport and Water & Sewer Fund. These policies will be used to guide decisions by the administration and Council. The purpose of these policies is to identify a reasonable level of fund balance to protect the City and its services and prevent the accumulation of excess funds through excessive fees. 137 CITY OF KENAI FY 2019 BUDGET PREPARATION CALENDAR Date Facilitator Action January 30 Finance Director Budget Preparation Packets Distributed. January 30 City Manager & Finance Director Budget Guidance and Submission Requirements. February 7 Department Heads Overtime, New Positions, and Reclassification Requests to Finance. February 16 Department Heads Department Operational Budget Submission due to Finance. February 16 Department Heads Department Capital/Special Project Requests due to Finance. February 16 City Manager City Manager Decides on Overtime, New Positions, and Reclassification Requests. February 23 Finance Director Consolidated Operational Budget Submitted to City Manager. February 23 Finance Director Consolidated Capital/Special Project Requests Submitted to City Manager. February 26 – March 1 City Manager, Finance Director & Department Heads Departmental Budget Meetings with City Manager. March 13 - 15 City Manager, Finance Director & Department Heads Departmental Budget Meetings with City Manager. April 4 Finance Director Draft Budget Distributed to Council. April 11 – 27 City Manager, Finance Director & Department Heads Budget Work Sessions. Meeting dates to be determined by Council. May 10 Finance Director Budget Ordinance to City Clerk for May 16 Council Packet May 16 Finance Director Introduction of Budget Ordinance. May 28 Finance Director Publish Notice on Public Hearing to Adopt FY19 Budget. May 31 Finance Director Mill Rate Resolution to City Clerk for June 6 Council Packet. June 6 Finance Director Public Hearing and Adoption of Budget Ordinance June 6 Finance Director Public Hearing and Approval of Mill Rate Resolution (Must be provided to KPB by 6/15). June 25 Finance Director Publication & Distribution of Budget Document. 138 February 2018 Mid-Month Report – City of Kenai Fire Department During the month of January 2018 the Kenai Fire Department has responded to 113 calls for service which is down slightly from 2017. As we closed out 2017 the department ended up with a total of 1445 calls for service. This is a 6% decrease from 2016 but still an almost 20% overall increase since 2010. The department in conjunction with the Safe Kids Coalition held very successful Car Seat Check events on January 26th and February 5th. Fire Marshal Tommy Carver and Building Official Mike Wesson are currently working on the review of the 2018 International Fire and Building Codes. We are hopeful that the review will be completed early spring and be presented to the City Council. Seven firefighters are currently completing the State Hazardous Materials Operations course. This class consists of classroom and practical training and culminates with a State written test. Firefighter Mike Oden attended a two week Fire Investigation Essentials course at the National Fire Academy in Emmitsburg, Maryland. To attend the NFA requires the student to apply and be accepted and is very competitive. 1210 1304 1195 1139 1226 1378 1537 1445 0 500 1000 1500 2000 2010 2011 2012 2013 2014 2015 2016 2017 Kenai Fire Department Calls for Service 139 Checkouts Visitors Computer Use Digital Checkouts Kenai Community Library Mid-Month Report February 2018 7,848 8,000 t 1,067 979 Circulation for 1/18 is 1% lower than in 1/17 RN 1/2018 • Rooms Booked: 189 • New Cards Issued: 45 • Attendance at Programs: 559 • Income: $1,224.54 • InterLibrary Loan: 2 • Volunteer Hours: 27 Thanks to staff member James Adcox for our new logo! Customers may now choose from two designs when they get a new card. 140 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: February 12, 2018 SUBJECT: Mid-month Report ______________________________________________________________________ A total of 118.75 hours of ice was rented for the month of January. This compares to 98.75 hours during this same time in 2017. A total of 22 hours were reserved for the annual Peninsula Winter Games Youth Hockey Tournament which was held January 26-28. This tournament was shared with the Soldotna Regional Sports Complex and brought many teams from around the state. The Kenai rink will also be used for the U14 State Tournament the first weekend of March as part of a shared venue with Soldotna Parks & Recreation. Below are recent administrative and maintenance tasks: • The department has been busy working on budget preparation and a departmental annual report. • Staff recorded 20 hours working on the Daubenspeck Family Park pond. Work included creating three separate rinks, flooding and hot mopping. Personnel from Wildwood Corrections assisted with clearing off snow and building seating areas from snow. Nineteen inches of ice is consistent throughout the pond. • Staff recorded 10.25 hours removing snow from various facility sidewalks (Visitors & Cultural Center, Library, City Hall). • Staff spent a few hours performing required maintenance on three weight machines at the Recreation Center (cable and pulley replacement). • Twenty-three hours were spent on grooming trails at the Kenai Nordic Trails. The recent changes in weather has made maintenance challenging for staff. • Staff coordinated with a KCHS vocational student for building a bike repair station. Student is making good progress and is halfway complete. • All winter decorations (lights, static displays, etc.) have been removed for the season. 141 Page 2 of 2 February Mid-month Report • Routine maintenance items such as waste management, restroom cleaning and inspections were completed. • Director attended a pre-bid meeting for the cemetery RFP. • Operator Dodge is scheduled to attend the annual Pesticide Certification Workshop in March. This will be held in Anchorage. 142 Page 3 of 2 February Mid-month Report 143 MEMORANDUM TO: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: 2/5/2018 SUBJECT: Police & Communications Department Activity – Month of January 2018 Police handled 670 calls for service. Dispatch received 300 9-1-1 calls, 221 of which came from cell phones. Officers made 55 arrests and wrote 318 reports. Traffic enforcement resulted in 253 warnings, 5 citations for speeding, 5 citations for equipment violations, and 78 citations for “other.” There were 3 DUI arrests (0 felony). Officers investigated 12 motor vehicle crashes. There were 3 collisions involving moose, and there were none involving alcohol or drugs. January training included: Two officers attended a three-day Threat Integrated Response course in Homer. One officer attended a Datamaster Re-Certification course in Anchorage. One new officer started the two week DPS Recertification Academy for lateral officers in Sitka. KPD held in-service training on Tasers and policy updates in Kenai for the entire department. Two dispatchers attended EMD certification training in Soldotna. Along with assisting school administrators and handling multiple calls in the Kenai schools, the School Resource Officer was busy this month teaching Dare at Kaleidoscope Elementary. 670 300 611 312 620 329 0 200 400 600 800 Total Police Service Calls 911 Calls Received 2018(Jan 1 - Jan 31)2017(Jan1 - Jan 31)2016(Jan 1 - Jan 31) 144 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: January 10, 2018 SUBJECT: January Monthly Report January 2018 Home Meals NTS Choice Clients Meals Clients Meals 60+ Service Area 53 869 13 479 60+ Outside Service Area 1 35 1 35 Under 60 + Service Area 4 185 Under 60+ Outside Service Area 1 35 Subtotals 54 907 19 734 Total 1641 • During the month of January, 56 volunteers donated 1006 hours of their time; 42 individuals used the Social Security Video Service; and, 1,383 congregate meals were served in the dining room. The Senior Center was rented out one time, with many rental inquiries for the upcoming summer. The Atrium Renovation has brought in quite a bit of new interest in rentals for the Center. • The Senior Center celebrated Russian Orthodox Christmas with special guests, Reverend Thomas Andrew and members of the local congregation, who came to sing traditional Russian Christmas hymns. • Law Enforcement Day was January 9 and we invited our own Kenai Police Department to lunch. Chief Ross, Lt. Langham and six other KPD officers were in attendance and each sat at different tables, conversing with seniors over lunch. For many, it was a great opportunity to say thank you to our officers and what they give to our community. • The monthly No-Host Dinner was at Louie’s Restaurant and set a Senior Center record with 30 in attendance! We are fortunate to have local restaurants who give wonderful service to our senior population. • The new Subaru was accepted by the City Council on January 4th and promptly put to use. Monday, Tuesday, Wednesday and Friday it can be seen around the greater Kenai/Soldotna area and on Thursdays it is used to deliver Kasilof and South KBeach home meals. Our home meals drivers have reported the ease in which the vehicle handles January road conditions and the delight of the seniors in seeing the new vehicle. 145 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: FEBRUARY 21, 2018 VENDOR DESCRIPTION DEPT. ALLDATA VEHICLE DIAGNOSTIC PROGRAM SHOP GOVERNMENT COMPUTER SALES (3) MONITORS W/S/WWTP ACCOUNT AMOUNT DUES & PUBLICATIONS 3,843 .00 SMALL TOOLS 2,978.00 146 THE STATE 01ALASKA GOVERNOR BILL \l\T ALKER February 7, 2018 Re: Cross Inlet Pipeline Extension Project Depart1nen t of Natural Resources Division of O il & Gas State Pipeline Coordinator's Section 3651 Penland Parkway Ancho rage. Ala~ka 99508 Main: 907.269-6403 Fax : 907 .269-6880 Letter No.: 18 -040-AS Case File Serial No.: ADL 232962 ADL 232963 File Code : (30) 1.3.10 (83) 3.4.1 (84) 3.2.1 Public Hearing and Commissioner's Analysis and Proposed Decision Dear Alaskan: On September 1, 2017 Harvest Alaska, LLC, submitted two Department of Natural Resources Right-of-Way lease applications associated with the Cross Inlet Pipeline Extension Project; one for a new n atural gas pipeline fro m the Tyonek Platform to Ladd Landing (ADL 232962) and one for the conversion of the CIGGS Marine A pipeline from natural gas to oil (ADL 232963). This is a courtesy notice to inform you that the Department of Natural Resources has completed the Co mmissioner's Analysis and Proposed Decision for the Tyonek application. You can view the decision at the Division of Oil and Gas website at http://dog.dnr.alaska.gov/Home/Newsroom. The CIGGS analysis and decision is still under consideration. The Commissioner's Administrative Finding for Mineral Order 1204 (an associated action) can also be found on this site. If you have any comments about the Tyonek decision or the proposed Mineral Order, please submit tho se comments by March 14 , 2018 fo r consideration in the Commissioner's Final Decision. The Department of Natural Resources will hold a public hearing about the Cross Inlet Pipeline Extension Project in Nikiski at the Community Recreation Center (mile 23.4 of the Kenai Spur Highway) on March 12th. The public is invited to attend an open house from 5:30-6:30 pm and the public hearing at 6:30 pm. Oral comments will be taken at the hearing, however if you would like to submit a written comment, please submit them by March 14 , 2018 for consideration. Information on where to submit your written comments can be found in the enclosed public notice. Please contact Jennifer Murrell at (907) 269 -6479 if you have any questions. ~~/ / !clso n Walsh tate Pipeline Coordinator nclosure: Public Notice (2 Pages) 147 ST ATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF OIL AN D GAS STATE P IP ELINE COORDINATOR'S SECTION PUBLIC NOTICE CROSS INLET PIPELINE EXTENSION PROJECT PUBLIC HEARING FOR ROW LEASES COMMISSIONER'S ANALYSIS AND PROPOSED DECISION CROSS INLET -TYONEK ROW LEASE ADL 232962 PROPOSED MINERAL ORDER 1204 The Commissioner of the Department of Natural Reso urces (Conuni ssioner) received two applications, d ated Sept. l , 2017 , from Harvest Alaska , LLC (Harvest), a subs idiary of Hilcorp Alaska, LLC, fo r two pipelin e right-of-way (ROW) leases under Alaska Statute 38.35 (ROW Leasing Act) for the Cross Inlet Pipeline Extensio n Project (Cros s Inlet). Publ ic notice of the applicati ons was conducted in accordance with AS 38.35.070 on Sept. 13, 20 17. T hese applications propose to: 1. Con vert one of the 10 " C IGGS n atur a l gas pipelines into an oil line and connect it to CIPL so tha t oil from the west side of Cook Inl et ca n be transported to the east side without the n eed for the Drift River tenninal. The ROW lease wo uld authorize th e co nverted CIGGS line which is approx. 21 miles long. No temporary construction ROW is needed ; proposed operation ROW would be 50 feet wide. (ADL 232963 -C IGGS) 2. Build a new IO " pipe line from the Tyonek Platform t o th e Beluga Pipeline at Ladd Land in g. Natural gas that was bein g tran sported by the C IGGS line plus the natural gas retrieved at the platform will be tran sported to the west s ide of the in let via the new segment. T he ROW lease wou ld authori ze approximately 5.5 miles for the s ub -sea portion of the pipeline. Prop osed construction ROW wo uld be 500 feet wide; proposed operatio n ROW wou ld be 50 feet wide. (ADL 232962 -Tyonek) In accordance with Alaska Statute 38.35.080, the Commiss ion er has prepared an analysis of the Tyonek appli cati on that find s Harvest to be fit , willing, an d able to construct and op erate a natural gas pipeline in the manner requi red by Alaska Statute 38.35.100. Th e public is invited to comment o n the Conuniss ioner 's Anal ys is and Proposed Decis ion for the Tyonek ROW lease. The CIGGS a nalysis and decision is sti ll under consideration. DNR w ill hold a public hearing concerning the Tyonek decision and the C IGGS application on March 12 1h in N iki sk i at the Community Recrea tion Center . Th e public is invited to attend an open house from 5:30-6:30 pm and the public hearing at 6:30 pm. The hearing w ill end no later than 8:00 pm. The public may provide testimony during th e hearing or s ubmit written comments in person. Additionally , DNR is propos ing to close the land s withi n the proposed ROW leases, plus 100 feet on either side , to mineral entry through Mineral Ord er 1204 for the protection of the proposed pipelines. T he minera l order would take effect upon issuance of at least one of the ROW leases and end upon the expiration or tennination of the lease(s). If nei th er ROW lea se is issued the MO will not be issued. T he order wou ld potentiall y effect up to approximately 1,23 0 acers of tide and submerged lands within Cook Inlet. 148 All documents concerning the above li sted actions are ava il able at the Divis ion of Oil and Gas newsroom website: htm :/ldog.dnr .alas ka .govl Home/Newsro om. The public may obtain hard copies of documents , at cost, from the State Pipeline Coordinator 's Section (S PCS) upon request (see contact information below). Electronic copies of the documents are also avai lab le at the Ken ai, Soldotna, Homer, Anchor Point, a nd Ninilchik l ibraries. All comments about any of these actions must be submitted in writing to the SPCS befor e 5:00 p.m. on Wednesday March 14, 2018 . State Pipeline Coordinator 's Section 3651 Penland Parkway Anc horage, AK 99508 Phone: (907) 269-6479 Fax: (907) 269-6880 Ema il : spco .records @alaska.gov T he State of A laska , Department of Natural Resour ces complies with Title II of the Americans with Disabilities Act of 1990. Individuals wi th disabilities who may need auxiliar y aids , services or special modifications to participate in this review may call 269-84 11 TTY/TDD. Please provide sufficient notice in order for th e department to accommodate you r needs. The SPCS reserves the right to waive technical defects in this publication. I sl Jason Walsh State Pipeline Coordinator Department of Natura l Resources Publish Date: Feb ru ary 7, 2018 149 FEBRUARY 21, 2018 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Remove Item B.2. Overview of the Wastewater Treatment Plant City Manager Add to Item D.5. Resolution No. 2018-12 • Amendment Memo City Manager • Bannock, Smith, and Olsen Comments In Support City Clerk Remove Item G.2. Purchase Orders Exceeding $15,000 City Clerk 'VIiiar «1/tli a Pa~~ Ct'tf «1/tli a f"atrq-e " 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax : (907) 283-3014 www.kenai.city MEMORANDUM TO: Kenai City Council FROM: Mayor Brian Gabriel and Council Member Henry Knackstedt February 21 , 2018 DATE: SUBJECT: Resolution 2018-12-Policy Amendment This memorandum recommends several amendments to the amended policy that would be approved by Resolution 2018-12 . The first amendment is under Sale Conditions : A (ii) second paragraph as follows : Appraised Value of Improvements greater than or equal to four times the Appraised Fa ir Market Value of the Land This amendment will allow administration to determine the value of the improvements on the property using generally accepted methods other than a fee appraisal. The second amendment is in Sale Conditions : A (i) as follows: 125% of the fair market value of the land [WITHOUT] excluding lessee-constructed improvements as determined by an appraisal; or, The final amendment is in Sale Conditions: A (ii) as follows: The fair market value of the land [WITHOUT] excluding lessee-constructed improvements as determined by an appraisal for properties in which minimum development requirements have been met according to the following calculation : The second and third amendments create consistency throughout the policy whereby the fair market value of the land excludes lessee-constructed improvements rather than stating that the fair market value of the land is without lessee-constructed improvements. Your consideration is appreciated New Text Underlined; [DELETED TEXT BRACKETED) From:Duane Bannock To:Brian G. Gabriel, Sr.; tnavarre; bob@molloyforcouncil.com; Henry Knackstedt; MBoyle; Jim Glendening; Glenese Pettey; Mike Boyle Cc:Paul Ostrander; City Clerk Subject:City of Kenai Resolution 2018-12 Date:Tuesday, February 20, 2018 4:59:45 PM Mayor Gabriel & Council: Please accept this note in support of Resolution 2018-12: Amending A Policy For The Sale of Ten Specific City-Owned Airport Fund Leased Lands. City Manager Ostrander and I met today and I shared my very small concerns with portions of the Resolution and subsequent revised Policy. He carefully explained what I was not understanding and may recommend a small edit. In any case, I offer my heartfelt ‘thank you’ to all that participated in proposing these amendments to the Policy in question. I intend to be in attendance at your regularly scheduled meeting tomorrow to speak in favor of its passage. Thank you again, Duane Bannock Schilling Rentals 47 Spur View Drive Kenai, AK 99611 907 283 3660 Uptown Motel office 907 398 2316 cell From:Paul Ostrander To:Jamie Heinz Subject:FW: Resolution 2018-12 Date:Wednesday, February 21, 2018 1:48:34 PM For the laydown. From: Todd Smith [mailto:Todd@pphak.com] Sent: Wednesday, February 21, 2018 12:05 PM To: Paul Ostrander <postrander@kenai.city> Cc: Brian G. Gabriel, Sr. <bgabriel@kenai.city>; Rocky Smith <Rocky@pphak.com> Subject: Resolution 2018-12 Paul, I can’t make the meeting tonight, but just wanted to touch base to say that we (PPH & LOROC LLC) are supportive of resolution 2018-12 (Amended Airport Lease Policy) coming before the council tonight. The terms are fair and we are very supportive of Kenai’s efforts to make Airport lease land more attractive to new investment. I also wanted to thank you for attending the KPEDD meeting last week, and again say that if you have any questions/concerns, input, or advice I would welcome it. Feel free to forward my comments along to the council if it helps. Thanks, Todd Smith General Manager, Preferred Plumbing & Heating 335 Main Street Loop Kenai, AK 99611 Ph:907-283-7909 Fx:907-283-7990 Febrnary 21, 2018 To: Mayor Gabriel and Members of the Kenai City Council From: Lindsay Olsen Re: Proposed Land Sale and Leasin g Policy Revis ions Mr. Mayor and Co un cil Members: I am writing to you to in order to express my support for the proposed Resolution 12-2018 Amending A Policy for the Sale of Ten Specific City-Owned Lands. I would also like to thank you and City Staff for the continu ed development of the policy res ulting from your November work session. I believe that the proposed alternative methods are both fair to the lessee and equi table to the City in that they encourage both development and improvement of the subject properties . In ad diti on, the clarification removes any questions on the appraisal process necessary to dete1mine value. Ownership of the prope1ty by the lessee, provides the owners the abi lity to build long-te1m va lue and thus incentive to impro ve and maintain the highest and best use of that property. The objective of the new policy to "encourage growth, development, and a thriving business community" should be the result of the opp01tun ity of ownership . The City will benefit in investment, improved prope1ty values and enhanced emp loyment. Again , I would like to thank you and appreciate you taking my previous comments into co nsideration. Best wishes as you move fo r ward on this impo1tant issue to the future of Kenai. If you have any questions or wou ld like to discuss ftuther, I may be reached at lo lsen@.mitckc.com work: 9 13.64 9.0400 or cell 913.909.9277. 5200 West 94th Terrace • Prairie V illage, Kansas 66207 913.648 .8010 • fax: 913.648.2117 • www.m itckc.com ACTION AGENDA KENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 21, 20 18-6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www .kenai .city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk(*) are considered to be routine and non-controversial by the council and will be approved by one motion . There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders . B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Mayor John Williams -Board of Director's Report to Cook Inlet Regional Citizens Advisory Council Stakeholders and Carport for the Renovated F iretruck. 2. Sean Wedemeye r, Public Works Director, City of Kenai -An Overview of the Wastewater Treatment Plant. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3006-2018-Increasing Estimated Revenues and Appropriations by $1,441.42 in the General Fund for the Police Department to Purchase Supplies from Asset Forfeiture Funds Received from the State of Alaska . 2. ENACTED UNANIMOUSLY. Ordinance No. 3007-2018 -Appropriating Available Fund Balance to the Multipurpose Facility Capital Project Fund for Facility Improvements Including the Purchase of New Heaters for the Player Benches and Spectator Area . 3. ENACTED UNANIMOUSLY. Ordinance No . 3008-2018 -Accepting and Appropriating $1,600 .00 from the Kenai Chamber of Commerce and V isitor Center (the Chamber) for a New Camera in Support of the City and the Chamber 's Joint Eagle Camera Project. Kenai City Council Meeting February 21 , 2018 Page 1of3 4. ADOPTED UNANIMOUSLY. Resolution No. 2018-11 -Authorizing a Budget Transfer within the General Fund -Fire Department for Overtime in Excess of Budgeted Amounts . 5 . ADOPTED AS AMENDED. Resolution No. 2018-12 -Approving an Amended Pol icy to Include Alternatives for the Sale of Ten Specific City-Owned Airport Fu nd Leased Lands Outside the Airport Reserve with Substantial Constructed Leasehold Improvements. E. MINUTES -None. F. UNFINISHED BUSINESS 1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2993-2017 -Amending Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations , to Require Landscaping and Site Plans for All Retention Basins , Commerc ial, Industrial and Multifamily Development and Land Clearing in Certain Zones in the City and Making other Material and Housekeeping Changes. [Clerk 's Note : This Item was Postponed as Amended to this Meeting from the February 7, 2018 Meeting; A Motion to Enact is On the Floor.] G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Bills to be Ratified. 2. REMOVED FROM THE AGENDA. *Action/Approval -Purchase Orders Exceeding $15 ,000. 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Non-Objection to Liquor License Renewals for: • BPO Elks Lodge #2425 • New Peking Restaurant 4 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0310712018 *Ordinance No. 3009-2018 -Incre as ing Estimated Revenues and Appropriations by $63,850 in the Water and Sewer Capital Project Fund for Projects Identified in the FY2018 Budget. 5. MEETING START TIME CHANGED TO 6:00 P.M. Action/Approval -Revise the Beautification Committee Meeting Start Time, Pursuant to Pol icy, from 7:00 p.m. to 6:00 p.m. 6 . FREDDIE PEREZ CONFIRMED TO PARKS & RECREATION COMMISSION. Action/Approval -Mayoral Nomination of Freddie Perez for Appointment to the Parks and Recreation Commission . Kenai City Council Meeting February 21, 2018 Page 2 of 3 7. CITY MANAGER AUTHORIZED TO SEND LETTER. Action/Approval -City of Kenai Letter to Alaska Department of Environmental Conservation in Response to Kenai River Special Management Area Advisory Board Comments. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -None. M. PENDING ITEMS -None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2 ,500 and $15,000 for Council Review 2. Cross Inlet Pipeline Extension Project Decision Information The agenda and supporting documents are posted on the City's website at www. kenai. citv. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907-283-8231 . Kenai City Council Meeting February 21 , 2018 Page 3 of 3 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE FEBRUARY 21, 2018 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at the above-referenced meeting . 1. ENACTED UNANIMOUSLY. Ordinance No. 3006-2018 -Increasing Estimated Revenues and Appropriations by $1,441.42 in the General Fund for the Police Department to Purchase Supplies from Asset Forfeiture Funds Received from the State of Alaska. 2. ENACTED UNANIMOUSLY. Ordinance No. 3007-2018-Appropriating Available Fund Balance to the Multipurpose Facility Capital Project Fund for Facility Improvements Including the Purchase of New Heaters for the Player Benches and Spectator Area . 3. ENACTED UNANIMOUSLY. Ordinance No. 3008-2018 -Accepting and Appropriating $1 ,600.00 from the Kenai Chamber of Commerce and Visitor Center (the Chamber) for a New Camera in Support of the City and the Chamber's Joint Eagle Camera Project. 4. ADOPTED UNANIMOUSLY. Resolution No. 2018-11 -Authorizing a Budget Transfer within the General Fund -Fire Department for Overtime in Excess of Budgeted Amounts . 5. ADOPTED AS AMENDED. Resolution No. 2018-12 -Approving an Amended Policy to Include Alternatives for the Sale of Ten Specific City-Owned Airport Fund Leased Lands Outside the Airport Reserve with Substantial Constructed Leasehold Improvements. 6. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2993-2017 -Amending Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, to Require Landscaping and Site Plans for All Retention Basins, Commercial, Industrial and Multifamily Development and Land Clearing in Certa in Zones in the City and Making other Material and Housekeeping Changes. Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and/or resolutions may have been amended by the Council prior to adoption without further public notice . NOTICE OF PUBLIC HEARING FEBRUARY 2 1, 2018 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) on the above-noted meeting date: 1. Ordinance No. 3006-2018 -Increasing Estimated Revenues and Appropriations by $1,441.42 in the General Fund for the Police Department to Purchase Supplies from Asset Forfeiture Funds Received from the State of Alaska . 2 . Ordinance No . 3007-2018 -Appropriating Available Fund Balance to the Multipurpose Facility Capital Project Fund for Facility Improvements Including the Purchase of New Heaters for the Player Benches and Spectator Area . 3. Ordinance No. 3008-2018 -Accepting and Appropriating $1,600 .00 from the Kenai Chamber of Commerce and Visitor Center (the Chamber) for a New Camera in Support of the City and the Chamber's Joint Eagle Camera Project. 4. Resolution No. 2018-11 -Authorizing a Budget Transfer within the General Fund - Fire Department for Overtime in Excess of Budgeted Amounts. 5. Resolution No. 2018-12 -Approving an Amended Policy to Include Alternatives for the Sale of Ten Specific City-Owned Airport Fund Leased Lands Outside the Airport Reserve with Substantial Constructed Leasehold Improvements. The public hearing w ill commence at 6:00 p.m ., or as soon thereafter as business permits , in the Kenai City Council Chambers, 210 Fida Igo Avenue, Kenai, Alaska, 99611 . All interested persons are invited to attend the meeting and participate in the public discussion . Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611 . Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and/or resolutions may be amended by the Council prior to adoption without further public notice Jam · einz, CMC, City Clerk Post d· February 16 , 2018