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HomeMy WebLinkAbout2018-04-04 Council Packet KENAI CITY COUNCIL - REGULAR MEETING APRIL 04, 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) C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.PUBLIC HEARINGS - None. E.MINUTES E.1.*Regular Meeting of March 21, 2018 03-21-18 Council Minutes - DRAFT.pdf F.UNFINISHED BUSINESS F.1.Ordinance No. 3011-2018 – Amending Kenai Municipal Code Section 14.20.290 – Appeals – Board of Adjustment, to Amend Standing Requirements for Filing an Appeal, Filing Fee Waivers, Who Makes Initial Determinations on Standing, and Making Other Housekeeping Changes. (Council Members Pettey and Knackstedt) [Clerk’s Note: This Item was Postponed to this Meeting from the March 21, 2018 Meeting; A Motion to Enact is on the Floor.] Ordinance No. 3011-2018.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. 1 Kenai City Council Meeting Page 2 April 04, 2018 G.3.*Ordinance No. 3013-2018 - Increasing Estimated Revenues and Appropriations by $286,288 in the Airport Special Revenue and Airport Terminal Improvements Capital Project Funds for Increased Costs Associated with Phase II of the Project to Design the Airport Terminal Rehabilitation Project and Authorizing a Contract Amendment with Wince-Corthell-Bryson for Completion of Phase II of the Project’s Design. (Administration) Ordinance No. 3013-2018.pdf G.4.*Ordinance No. 3014-2018 – Making Housekeeping Amendments to KMC Section 3.25.060- Adoption Procedure, 3.25.090- Protective Custody, 3.30.030-Quarantine of Individual Animal, 4.25.020- Fee Schedule, 12.25.030- Leaving of Junk or Illegally Parked Vehicles, 13.30.090-Sign Bearing the Legend, 18.25.030 – Inspection Fee, and 23.50.010- Employee Classification. (Legal and City Clerk) Ordinance No. 3014-2018.pdf G.5.Action/Approval – Schedule a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney, City Clerk, and City Manager. (City Clerk) Performance Evaluation Mtg Poll.pdf G.6.Action/Approval – Schedule a Work Session to Review and Discuss the Fiscal Year 2019 City of Kenai Budget. (City Clerk) Budget Work Session Poll.pdf G.7.Discussion – Harbor Commission’s Recommendation for Wake Zone Signs at the Mouth of the Kenai River. (City Manager) H.COMMISSION/COMMITTEE REPORTS H.1.Council on Aging H.2.Airport Commission H.3.Harbor Commission 03-12-18 Harbor Summary - DRAFT.pdf H.4.Parks and Recreation Commission 03-01-18 Parks & Rec Summary - DRAFT.pdf H.5.Planning and Zoning Commission 03-14-18 P&Z Minutes - DRAFT.pdf H.6.Beautification Committee H.7.Mini-Grant Steering Committee I.REPORT OF THE MAYOR 2 Kenai City Council Meeting Page 3 April 04, 2018 J.ADMINISTRATION REPORTS J.1.City Manager 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. INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review Purchase Orders between $2,500 - $15,000.pdf N.ADJOURNMENT 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. 3 KENAI CITY COUNCIL – REGULAR MEETING MARCH 21, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR TIM NAVARRE, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on March 21, 2018, in City Hall Council Chambers, Kenai, AK. Vice Mayor Navarre called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Navarre led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor (telephonic) Glenese Pettey Henry Knackstedt Tim Navarre Jim Glendening A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Vice Mayor Navarre noted the following additions to the agenda and packet: Add to Item G.3. Schedule a Special Meeting • Email from Council Member Molloy Add Item G.4. Action Approval – Non-Objection to Liquor License Transfer for MITAK, LLC, DBA Main Street Tap & Grill Add Item G.5. Action Approval – Non-Objection to Issuance of New Liquor License to BPO Elks Lodge #2425 MOTION: 4 City of Kenai Council Meeting Page 2 of 8 March 21, 2018 Council Member Knackstedt MOVED to approve the agenda with the requested revisions to the agenda and packet and Councilor Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS None. C. UNSCHEDULED PUBLIC COMMENTS None. D. PUBLIC HEARINGS 1. Ordinance No. 3010-2018 - Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. (City Clerk) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3010-2018 and Council Member Glendening SECONDED the motion. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided regarding the type of training involved and the requirements for the Deputy Clerk to achieve the Certified Municipal Clerk designation. The Clerk was thanked for applying for the scholarship and the tremendous amount of help Clerks offer the Alaska Municipal League and local government was noted. 5 City of Kenai Council Meeting Page 3 of 8 March 21, 2018 VOTE: YEA: Pettey, Knackstedt, Gabriel, Navarre, Glendening NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3011-2018 – Amending Kenai Municipal Code Section 14.20.290 – Appeals – Board of Adjustment, to Amend Standing Requirements for Filing an Appeal, Filing Fee Waivers, Who Makes Initial Determinations on Standing, and Making Other Housekeeping Changes. (Council Members Pettey and Knackstedt) MOTION: Council Member Pettey MOVED to enact Ordinance No. 3011-2018 and Council Member Knackstedt SECONDED the motion. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION: Council Member Pettey MOVED to postpone to the April 4 meeting and Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON POSTPONEMENT: There being no objections, SO ORDERED. 3. Ordinance No. 3012-2018 – Authorizing a Budget Transfer in the Municipal Roadway Improvements Capital Project Fund and Appropriating Funds Transferred from the Municipal Roadway Improvements Capital Project Fund in the Personal Use Fishery Capital Project Fund for Projects Identified in the City’s 2017 Personal Use Fishery Report. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3012-2018 and Council Member Glendening SECONDED the motion. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided that the camera on Main Street in Old Town was being replaced and was used on the Dipnet App; project included providing permanent power. VOTE: YEA: Pettey, Knackstedt, Gabriel, Navarre, Glendening NAY: MOTION PASSED UNANIMOUSLY. 6 City of Kenai Council Meeting Page 4 of 8 March 21, 2018 4. Resolution No. 2018-15 – Consenting to Vacation of Certain Utility Easements within the Proposed Radar Subdivision 2017 Replat. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-15 and Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 5. Resolution No. 2018-16 – Authorizing the Purchase of Real Property Described as a Portion of Government Lot 7, Section Five (5), Township 5 North, Range 11 West, and Designated as Kenai Peninsula Borough Parcel Number 047-119-01, from Lancet Ann Boyer Trust and James E. Johnson Revocable Trust, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest will Not be Served by an Appraisal. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-16 and Council Member Pettey SECONDED the motion. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided work was ongoing to purchase properties in support of the Bluff Erosion Project. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2018-17 – Approving an Award of a Professional Services Contract for Engineering the Peninsula Avenue Bluff Erosion Design 2018. (Administration) MOTION: Councilor Knackstedt MOVED to adopt Resolution No. 2018-17 and Council Member Glendening SECONDED the motion. Vice Mayor Navarre opened the public hearing; Bob Peters asked that a scope of the work to be completed be provided. There being no one wishing to be heard, public comment was closed. Clarification was provided that a headwall and storm water drain had failed, jeopardizing Peninsula Avenue; State grant funds being utilized to accomplish the work. Design of the Bluff 7 City of Kenai Council Meeting Page 5 of 8 March 21, 2018 Erosion Project had not begun so the fixed headwall and storm water drain would be included in the design of the Project; not eligible to be included in the federal project. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of March 7, 2018 Approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Removed from the agenda during approval of the agenda. 3. Action/Approval – Schedule a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney, City Clerk, and City Manager. It was noted dates for Council Member Boyle were unknown; requested polling the Council and put on the agenda for the April 4 meeting. 4. Action/Approval – Non-Objection to Liquor License Transfer for MITAK, LLC, DBA Main Street Tap & Grill. MOTION: Council Member Glendening MOVED to approve a non-objection to liquor license transfer for MITAK, LLC, DBA Main Street Tap & Grill and Council Member Knackstedt SECONDED the motion. Clarification was provided that the timing of the ABC Board and the City Council meeting didn’t align. Administration was thanked for their work to bring the matter to Council. VOTE: YEA: Pettey, Knackstedt, Gabriel, Navarre, Glendening NAY: MOTION PASSED UNANIMOUSLY. 8 City of Kenai Council Meeting Page 6 of 8 March 21, 2018 5. Action/Approval – Non-Objection to Issuance of New Liquor License to BPO Elks Lodge #2425. MOTION: Council Member Glendening MOVED to approve the non-objection to the issuance of a new liquor license to BPO Elks Lodge #2425 and Councilor Knackstedt SECONDED the motion. Clarification was provided that the previously adopted Resolution could not be considered by the ABC Board as the City’s response because statute indicated that responses had to be received after the application was deemed complete by the Alcohol and Marijuana Control Office (AMCO). The Resolution was timely for the renewal application which had been denied, but not timely for the new license because the Resolution was adopted before the application for new license had been deemed complete. Administration was thanked for their work to bring the matter to Council timely; frustration was expressed that AMCO was not working with their clients to assist them through their processes; suggestion was made that changes were needed. VOTE: YEA: Pettey, Knackstedt, Gabriel, Navarre, Glendening NAY: MOTION PASSED UNANIMOUSLY. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – It was noted the Kenai Senior Connections March for Meals was May 23; encouraged all to attend. 2. Airport Commission – No report; next meeting April 12. 3. Harbor Commission – Working on roles and responsibilities; discussed safety and wake zones; recognized the bump in the economy provided by fish processing at a cannery near the dock; discussed establishing a sub-committee; next meeting April 9. 4. Parks and Recreation Commission – No Report; next meeting April 5. 5. Planning and Zoning Commission – It was reported that on March 14, the Commission denied a Marijuana Cultivation Facility – Standard Conditional Use Permit; requested information from Administration regarding marijuana permitting in residential zones; next meeting March 28. 6. Beautification Committee – No report; next meeting April 10. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR 9 City of Kenai Council Meeting Page 7 of 8 March 21, 2018 Mayor Gabriel reported on the following: • Thanked Vice Mayor Navarre for chairing the meeting; • Thanked the City Manager for his work with the Alaska Board of Fish who approved to rotate their meetings and meet in Kenai/Soldotna in 2020; • Choose Respect March taking Place March 28; encouraged attendance; • Noted the Request for donation from the Kenai Watershed Forum for the Kenai River Festival; good cause and educational event; important that the City shows support. MOTION: Mayor Gabriel MOVED to donate $300 to the Kenai River Festival and Councilor Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Met with Alaska Department of Transportation regarding allocation of federal road monies; Department of Transportation now has to cooperate with rather than consult with local municipalities for roads; • Attended the Harbor Commission meeting where a motion to recommend “No Wake” signage was approved; will be discussion item for Council on April 4; • Hired a City Planner who would start April 9 and would be attending the March 28 Commission meeting; • Heard from the Alaska Department of Corrections regarding their delaying the Work Release program until the Workers Compensation issue is fixed; • Noted the Corps of Engineers was utilizing local match funds to develop a revised schedule for the Bluff Erosion Project; • Considering putting out a bid package for dock concessions; Copper River Seafoods not interested in operating again. 2. City Attorney – No report. 3. City Clerk – No report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Annalea Lot expressed gratitude for handling her liquor license transfer quickly which would prevent loss of business. 2. Council Comments Council Member Pettey noted the Airport hosted eight F-22s when they were unable to land at JBER; great to hear the sound of freedom as they were taking off and landing; invited everyone again, to the March for Meals event. 10 City of Kenai Council Meeting Page 8 of 8 March 21, 2018 Council Member Knackstedt noted he was attending March for Meals on March 23; reminded of events for Doctor Hansen’s Lifetime Achievement and Linda Swarner’s retirement on March 29. Vice Mayor Navarre reiterated the events being held for Doctor Hansen and Linda Swarner. Council Member Glendening noted Commissioner Navarre gave an excellent presentation regarding the cost of economic development at the Chamber of Commerce luncheon; thanked Administration for their cooperation and collaboration with local businesses. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:07 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of March 21, 2018. _____________________________ Jamie Heinz, CMC City Clerk 11 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Council Member Knackstedt Council Member Pettey CITY OF KENAI ORDINANCE NO. 3011-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.290 – APPEALS – BOARD OF ADJUSTMENT, TO AMEND STANDING REQUIREMENTS FOR FILING AN APPEAL, FILING FEE WAIVERS, WHO MAKES INITIAL DETERMINATIONS ON STANDING, AND MAKING OTHER HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code (KMC) Section 14.20.290(a)(5) – Appeals – Board of Adjustment, currently provides that any resident of the City of Kenai may file an appeal of any Planning and Zoning Commission Decision or final decision of an administrative official; and, WHEREAS, while appeals allow residents and others the opportunity to publicly participate in decisions made by the Planning and Zoning Commission and administrative officials, appeals can also be harmful in delaying business growth, development and other actions of property owners; and WHEREAS, it is important to provide a balance between the interests of concerned community members, parties potentially negatively affected by City decisions, and those endeavoring to benefit and move forward from a decision in their favor; and WHEREAS, in creating this balance, it is beneficial to further limit standing for the filing of an appeal to prevent excessive litigation and undue delay of final dispositions; and, WHEREAS, limiting standing in a reasonable manner also creates a stable land use and business environment and conserves City resources; and, WHEREAS, limiting standing to those that rent, lease or own property affected by the decision, or to applicants, or administrative officials, that participated in the initial determination of the Planning and Zoning Commission decision, strikes a reasonable balance between the various interests; and, WHEREAS, KMC Section 14.20.290(c) – Appeals – Board of Adjustment, currently provides that the Board of Adjustment shall resolve any issues of standing or whether a party is “aggrieved”; and, WHEREAS, amending KMC 14.20.290 to provide the City Clerk an opportunity to assist in refining matters of standing will reduce unnecessary expense to the City to conduct Board of Adjustment hearings while continuing to provide a fair and impartial process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: 12 Ordinance No. 3011-2018 Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 1. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.290 – Appeals – Board of adjustment, is hereby amended as follows: 14.20.290 Appeals – Board of [A]Adjustment. (a) Any person(s) aggrieved by a final decision of the administrative official or Commission and a party of record may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. To be a “person(s) aggrieved” by a final decision of the administrative official or Commission the person must be: (1) the applicant for the action taken or determination, or the owner of the property that is the subject of the action or determination under appeal; or (2) the administrative official; or (3) a[N] legal occupant or owner of an interest in real property who shows that the decision of the administrative official or Commission has or could have an adverse effect on the legal occupant or owner’s use or enjoyment of the property or on the value of the property interest asserted. A legal occupant is an occupant with a current rental or lease agreement executed by the owner, or owner’s agent, of the real property in question. [CAN SHOW PROOF OF THE ADVERSE EFFECT THAT THE ACTION OR DETERMINATION HAS OR COULD HAVE ON THE USE, ENJOYMENT, OR VALUE OF THAT REAL PROPERTY.] An interest that is no different from that of the general public is not sufficient to make a person aggrieved. To be a “party of record,” a person, legal entity or government agency, must show that the person, legal entity or government agency participated with either oral or written comments at the hearing before the planning and zoning commission or before the administrative official making a final decision. [; OR (4) ANY PERSON WHO WAS ENTITLED UNDER KMC 14.20.280(C) TO NOTICE BY MAIL OF A PUBLIC HEARING ON AN APPLICATION FOR THE ACTION OR DETERMINATION; OR (5) A RESIDENT OF THE CITY OF KENAI] (b) Appeals from final decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within fifteen (15) days of the decision. The appeal notice shall be in writing and must contain: (1) The signature, name, and mailing and physical addresses of the appellant; (2) A description of the action or determination from which the appeal is sought and the date upon which it became a final decision; (3) The reason for the appeal, which must include a description of harm to the appellant, including why the appellant meets the definition of an “aggrieved person”; (4) A statement of the relief requested by the appellant; (5) The street address of the property that is the subject of the action or determination being appealed and the name and address of the owner(s) of the property; (6) The appellant shall pay a filing and records preparation fee as set forth in the City’s schedule of fees adopted by the City Council. An application to proceed with an appeal as an indigent may be filed with the City Clerk’s office on a form provided by the Clerk. The chair of the Board of Adjustment may allow an applicant who 13 Ordinance No. 3011-2018 Page 3 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] qualifies as an indigent a reduced filing fee[,] or a payment plan, [OR A WAIVER OF THE FILING FEE] where the chair is able to make a written finding, based on information provided by the applicant, that payment of the appeal fee would be a financial hardship for the appellant. Based upon the information provided, the fee may be reduced in accordance with the following schedule: Annual income as a percent of current Health and Human Services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1—100% [100] 90% Waiver 101—149% 75% Waiver 150—174% 50% Waiver 175—199% 25% Waiver 200% plus No Waiver Any appellants with income equal to or less than two hundred percent (200%) of the HHS poverty guidelines for Alaska for the year in which the appeal is filed may apply for a payment plan in which the filing fee shall be paid in full within six (6) months of the date of filing. (c) The City Clerk shall reject any notice of appeal that does not comply with the requirements of KMC 14.20.290(a) or (b) and notify the appellant of the reasons for rejection. If a notice of appeal is rejected for reasons other than timeliness, a corrected notice of appeal that complies with this section will be accepted as timely if filed within seven (7) days of the date of the mailing of the notice of rejection. The appellant may appeal the Clerk’s final determination on [THE BOARD OF ADJUSTMENT SHALL RESOLVE ANY ISSUES OF] standing or whether a party is “aggrieved” under KMC 14.20.290(a) to the Board of Adjustment. (d) The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. Members of the Board of Adjustment must be present in person for hearings held on appeals in order to participate in rendering a decision or voting on an appeal. (e) The following act or determinations may not be appealed: (1) a decision to cite or not to cite a person for a violation of the code under KMC 14.20.260 or any other provisions of the code; (2) a decision not to issue an enforcement order under KMC 14.20.260 or any other provision of the code; (3) any recommendation for or against approval of the adoption, revision, or amendment of the zoning code, zoning map, comprehensive plan, any other plan, a rezoning or any other matter involving a recommendation. (f) Procedure. (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within forty-five (45) days of the filing of the appeal. However, should the forty- 14 Ordinance No. 3011-2018 Page 4 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] fifth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) through (10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all interested parties and to all property owners within three hundred feet (300′) or the appropriate distance as required by the public hearing of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and/or applicant for the action or determination must be sent by certified mail, return receipt requested. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above-mentioned powers, the Board of Adjustment may reverse, remand or affirm, wholly or partly, or may modify the order, requirement, decision or determination, as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All hearings of the Board shall be open to the public. The Board shall issue a written opinion, stating its decision, the reasons for its decision, and the vote of each member entitled to vote upon each question. The Board of Adjustment may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and may be in consultation with the City Attorney. An electronic recording shall be made of the hearings and shall be reduced to written minutes and, if needed, a verbatim transcript. The minutes and verbatim transcript shall be made a public record. Copies of the decision shall be promptly posted on the City’s official web site and mailed to all parties participating in the appeal. (Ords. 925, 1554-93, 1650-95, 2082-2005, 2142-2006, 2528-2011, 2743-2014, 2893-2016) 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. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: 15 Ordinance No. 3011-2018 Page 5 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Jamie Heinz, City Clerk Introduced: March 7, 2018 Enacted: March 21, 2018 Effective: April 20, 2018 16 MEMORANDUM TO: Mayor Gabriel and Kenai City Council FROM: Council Members Pettey and Knackstedt DATE: March 1, 2018 SUBJECT: Ordinance No. 3011-2018 – Amending Kenai Municipal Code to Amend Board of Adjustment Appeals. We recognize the importance in providing residents and others the opportunity to participate in decisions made by the Planning and Zoning Commission and administrative officials. However, excessive appeals can be harmful in delaying business growth, development, and other actions of property owners, and superfluously expends City resources. Amendments proposed in this ordinance strike a balance between concerned community members, business growth and development, and other actions of property owners by limiting standing to applicants, administrative officials, and those which rent, lease, or own property affected by the decision which participated in the initial determination. This is more lenient than what is provided for by the Kenai Peninsula Borough and the cities of Soldotna and Homer. These amendments provide, if you lease or own property in the City, show your property or enjoyment thereof is harmed, and participated in the initial determination of the Planning and Zoning Commission decision, you have standing to appeal. We believe that this will provide a fair process in which legitimate concerns are addressed, where all parties are certain of the issues, and the City’s resources are conserved. In addition to amending the criteria for who has standing to appeal, we are proposing to adjust who makes the initial determination of standing or whether a party is “aggrieved,” by providing the Clerk makes the initial determination on standing, which could then be appealed to the Board of Adjustment. Finally, we are proposing to amend the percentage of fee reduction so the appellant has, “skin in the game.” At this time, our fee is $100 and, even if increased, ten percent of the filing fee combined with the opportunity to pay the fee over six months would not cause an undue hardship for an appellant considering what is at stake in the appeal. Your consideration is appreciated. 17 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: March 1, 2018 SUBJECT: Legal Analysis of Ordinance 3011-2018 ______________________________________________________________________ This memorandum provides a legal analysis of Ordinance 3011-2018. The proposed Ordinance proposes a standard on who has standing to appeal a decision of the Planning and Zoning Commission or final decision of an administrative official that is less stringent than that of the Kenai Peninsula Borough, City of Soldotna and City of Homer. These three municipalities require that for someone to have standing to appeal a planning and zoning decision, they must have participated in the process before the planning and zoning commission either orally or in writing; they must own real property and show that the decision could have an adverse effect on the value, use or enjoyment of the property. The proposed Ordinance provides a more lenient standard than these municipalities in that it does not restrict standing for appeals to those that own real property, but expands the standing to appeal to those that lease or rent property and can show that a decision could impact their ownership interest or use or enjoyment of the property. The City of Homer’s municipal ordinance with regard to standing was generally approved by the Alaska Supreme Court in Griswold v. City of Homer, 252 P.3d 1020 (Alaska 2011) with the following exception. In the described case, the Appellant, Frank Griswold, argued that requiring someone to have participated before the planning and zoning commission in order to have standing to appeal violated due process. Id. at 1029. Because Griswold had appeared before the planning and zoning commission in the case discussed, the Court held that Griswold could not make this argument and never addressed the due process aspect of it in other terms. Id. While the aforementioned municipalities do have this requirement, the Municipality of Anchorage does not. In my opinion, it is a reasonable requirement in that it is not very onerous to provide oral or written comments and it makes sense that an appellant should provide their objection or support to the planning and zoning commission initially, to allow the commission to make an informed decision, to allow the municipality to deal with the issue in a timely and cost effective 18 Page 2 of 2 Ordinance 3011-2018 manner, and to reduce unnecessary delay. It should be noted that while Anchorage does not require property owners to have participated in planning commission hearings to appeal, an appellant in Anchorage must deposit $1000 before the appeal is accepted. 19 20 "Villaje with a Past, Ci-fy with a Future" the&1"1y1, KENAl~KA 'V 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: Mayor Gabriel, Council Members Boyle, Glendening, Knackstedt, Navarre, & Pettey Student Representative Gil¥mn Council Member Molloy . March 7, 2018 SUBJECT: Ordinance No. 3011-2018 Amending KMC 14.20.290 -Appeals - Board of Adjustment This is to respectfully request that, after public hearing and any Council di sc us sion at the Council Meeting of 3-21 -18 , the Council postpone Ordinance No. 3011-2018 to the first m eeting of April , the 4-04-18 Council Meeting, or to a later meeting date when all seven (7) council members will be present. Due to demands on my business, I am unable to attend the Council Meeting of 3-21-18. I do have concerns about some of the language of the propose d amendment to paragraph (a), specifically the word "shows" in the portion: " ... shows that the decision of the administrative official or Commission has or could have an adverse effect on the legal occupant or owner's use or enjoyment of the property or on the value of the property interest asserted ." I would like the opportunity to offer a suggested amendment, and explain the reasons for the suggested amendment. However, I will not be able to offer a suggested amendment until the packet is due for the 4-04-18 Council Meeting , and my explanation may have to be verbal. Ordinance No. 3011-2018 is not time sensitive. Thank you for the Council's consideration of my request for a postponement at the Council Meeting of 3-21 -1 8. 21 "Vt11aje with a Past, City with a Future" tlre eiljt 1, KENAI~ ~ 210 Fidalgo Avenue , Kenai , Alaska 99611-7794 Telephone : 907-283-7535 I FAX : 907-283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: Mayor Gabriel, Council Members Boyle, Glendening, Knackstedt, Navarre, & Pettey Student Representative Gilman0/7! /\. Council Member Molloy T\: \__ March 29, 2018 SUBJECT: Ordinance No. 3011-2018 Amending KMC 14.20.290 -Appeals - Board of Adjustment The goal of Ordinance No . 30 11-2018 is to "provide a balance" between competing interests adverse ly affected by a decision of the Planning and Zoning Commission or an adm inistrative official. The ordinance's objective, "in creating this balance," is to "further limit standing for the filing of an appeal to prevent excessive litigation and undue delay of final dispositions." However , the ordinance completely eliminates the la st two (2) categories of potential a ppellant s, which in the present ordinance are ( 4) persons entitled to notice, and (5) City residents.1 Council should consider whether adding limiting language to those last two (2) categories establishes a better "balance" of the competing interests, or whether it is better to somehow simplify the standing rules in this ordinance altogether. But for striking a balance by adding limiting language to those last two (2) categories, several proposed amendments are set out under the attachment "Potential Additional Amendments." Before the McKay appeal in 2005, Ordinance 2082 -2005 (sponsored by Counci l Member Moore) amended KMC 14.20 .290 to add a simple standing rule: "Any person(s) aggrieved by a decision of the administrative official or Commission may file an appeal."2 Ms. McKay was a Nikiski resident who had participated before the Planning & Zoning Commission and had appealed from the Commission's findings on the lease application filed on behalf of Walmart, findings that the proposed use was the highest and be st use, conformed to the airport master plan, and complied with zoning ordinances and the comprehensive plan. In McKay , the Board of Adjustment determined that McKay was not an "aggrieved person" under the new definition; but instead of rejecting the appeal based on the technicality of "no standing," the Board opted to 1 Council added the category (5) City residents in 2006 shortly after the M c Kay appeal , by an amendment on the floor to a Substitute ; thi s may have had unintended inclusion consequences, because there was n o participation requirement tied to the category (5) City residents. Category (4) persons entitled to notice was in the Substitute. 2 A copy of Ordinance 2082-2005 is included under the attachme nt "Other Information." 22 2 review and rule on the issues that she had raised because of the general interest that the Walmart lease application had created in the community . The Board denied McKay's appeal unanimously on the merits. In early 2006, Ordinance No. 2142-2006 and its Substitute (sponsored by Mayor Porter) followed quickly after the Board of Adjustment's decision on the McKay appeal in late 2005. Ordinance No. 2142-2006 (Substitute) was amended on the floor to add category (5) City residents , then passed as amended, and is the present KMC 14.20.290 that is before Council for proposed new amendments.3 In the Mcintosh appeal, BA-18-01 , the appellant was a City resident, and a legal occupant of property in the City, but he had not submitted oral or written comments or otherwise personally participated either before or at a hearing held by the Commission. The Board of Adjustment denied the appeal unanimously on the merits, affirmed the Commission's decision, and granted a conditional use permit to the applicant with some amended conditions. This year, proposed Ordinance No. 3011-2018 followed quickly after the Board of Adjustment's decision in the Mcintosh appeal. In making new amendments, we should avoid unintentional exclusion consequences. Please also note that part of the rationale for the present set of amendments is "to prevent excessive litigation ." But there has not been excessive litigation of appeals since the 2006 amendments that resulted in the present ordinance. If my count is correct, the Board of Adjustment Table (from 2018 declining to 2005), shows that, beginning 2006 after McKay, there were 20 appeals filed to which the present ordinance applied; out of which 7 were withdrawn or rejected administratively before hearing ; 13 appeals went to hearing, but only 12 appeals were actually decided by the Board (Murietta was withdrawn during the hearing).4 3 A copy of Mayor Porter's supporting memorandum for Ordinance N o . 2142-2006 is als o included in the attachm e nt "Other Information." 4 Thank you to the City Attorney and City C lerk for ass isting me with developing and vetting the Board of Adjustment Table, which is also included in the attachment "Other Information." 23 POTENTIAL ADDITIONAL AMENDMENTS (To The Proposed Amendments) 24 1. Move to amend the p rop osed amendme nt to AS 14.20.290(a), subparagraphs (1), (2) and (3) as foll ows: 14.20.290 Appeals -Board of CAJAdjustment. (a) Any person(s) aggrieved by a final decision of the adm inist rative officia l or Comm ission and a party of record may fi le an appeal. The appeal shall be heard by the Kenai C ity Council acting as the Board of Adjustment. To be a "person(s ) aggrieved " by a final decision of the administrative official or Commission the person must be : (1) the applican t for the act ion taken or determination , or the owner of the property that is the subject of the act ion or determination under appeal ; or (2 ) the adm inistrative official ; or (3 ) a[N] !fil@Loccupant or owner of an in teres t in real property who states [SHOWS] that the deci sion of the administrative official or Comm iss ion has or could have an adve rse effect on the lega l occupant or owner's use or enjoyment of the property or on t he value of the property interest asserted . A legal occupant is an occupan t with a current rental or lease agreement executed by the owner. or owner's agent. of the real property in question. [CAN SHOW PROOF OF THE ADVERSE EFFECT THAT THE ACT ION OR DETERMINATION HAS OR COU LD HAVE ON THE USE , EN JOYMENT , OR VALUE OF THAT REAL PROPERTY.] An interest t hat is no d ifferent from t hat of the gene ral public is no t sufficient to make a person aggrieved ; or 2. Move to amend th e p roposed ame ndment to AS 14 .20.29 0(a), to keep subparagraph (4) "As Is '', as fo ll ows : (4) any person who was entitled under KMC 14.20.280(c) to notice by mail of a public hearing on an application for the action ; or 3. Move to amend the proposed ame ndment to AS 14.20.290(a), to keep subparagraph (5), modified as fo ll ows: (5 ) a res ident of the City of Kena i who is a party of record . 4. Move to amen d t he proposed amend ment to AS 14.20.290(a), by relocat ing proposed definition of "party ofrecord" to the end of paragraph (a), and amen ding it furt her, as fo ll ows: To be a "party of record ." a pe rson . legal entity or government agency , must state [SHOW] that t he pe rson . legal entity o r government agency participated w ith either o ral or written comments submitted before or at a hearing held by [BEFORE] t he planning and z on ing comm iss ion or held by [BEFORE) the adm inistrative offi cial ma ki ng a fi nal decision. To cl arify for Co unc il 's review, a clean ve rsion of KMC 14.2 0.290(a) is set o ut between the lines on the next page, sh owing wh at the text wou ld be if the amendments proposed a bove are adopted . Some additional proposed amendments fo ll ow that text. 25 Clean Versi on: 14.20.290 Appeals -Board of Adjustment. (a) Any person(s) aggrieved by a final decision of the administrative official or Commission and a party of record may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. To be a "person(s) aggrieved " by a final decision of the administrative official or Commission the person must be : (1) the app licant for the action taken or determination , or the owner of the property that is the subject of the action or determination under appea l; or (2) the administ rative officia l; or (3) a legal occupant or owner of an interest in real property who states that the decision of the adm inistrative official or Commission has or could have an adverse effect on the legal occupant or owner's use or enjoyment of the property or on the value of the property interest asserted . A legal occupant is an occupant with a current rental or lease agreement executed by the owner, or owner's agent, of the real property in questio n. An interest that is no different from that of the general public is not sufficient to make a pe rson aggrieved; or (4) any person who was entit led under KMC 14 .20 .280(c) to notice by mail of a public hearing on an application for the action or determination and who states that the procedure for property owner notification did not comply with KMC 14.20.280(c); or (5) a res ident of the City of Kenai who is a party of record . To be a "party of reco rd ," a person , legal entity or government agency, must state that the person , legal entity or government agency participated with either oral or written comments submitted before or at a hearing held by the planning and zoning commission or held by the administrative official making a final decision . 5. Mo v e to am end the p roposed amendment t o AS 14.20.290(b), subp aragrap h (3), as foll ows: (3) The reason for the appeal , which must include a description of harm to the appellant, including why the appellant meets the definition of an "aggrieved pe rson" and/or "party of record "; 6. Move to am end the last sentence of AS 14.20.290(c), to add the phrase "or is a party of record" as fo ll ows: The appellant may appeal the Clerk's final determination on [THE BOARD OF ADJUSTMENT SHALL RESOLVE ANY ISSUES OF] standing or whether a party is "aggrieved " or is a "party of record " under KMC 14 .20 .290 (a) to the Board of Adjustment, together with the appellant's other reasons for the appeal ; 26 OTHER INFORMATION 27 Year No. Aggellant Decision 2018 BA-18-01 Mcintosh Appeal Denied Appeal CUP Granted for CME PZC Affirmed CUP Amended & Granted 2017 NOBOA NO BOA HEARINGS NO BOA DECISIONS Tunseth -Withdrawn 2016 BA-16-03 Isaacs Appeal Denied Appeal CUP Denied for CME PZC Affirmed CUP Denied BA-16-02 Twait & Morning Appeal Granted Appeal Animal Control's Kennel Animal Control's License Denial License Denial Reversed License Granted With Conditions BA-16-01 Waggoner Appeal Granted Appeal Variance Approved for 4 PZC Reversed Family Dwelling Construction Variance Denied 2015 BA-15-01 Garretson Appeal Granted Appeal CUP Denied for Emotional PZC Reversed Support Animal CUP Granted With Conditions 2014 NONE NONE NONE 2013 NOBOA NO BOA HEARINGS NO BOA DECISIONS Fish -Rejected for timeliness 2012 BA-12-01 Lashbrook Appeal Denied Appeal of Code Enforcement Notice & Code Enforcement Notice & Condemnation Order Amended Condemnation Order Lashbrook (June Appeal) - Withdrawn (Administrative Decision Resolved Administratively) -Appeal re-filed in October 2012 2011 BA-11-01 Flanders Appeal Granted in Part, & Appeal CUP Granted to Denied in Part KP Racinq Lions CUP Amended With Conditions -1 -BOA Decision Table 2018 Declining to 2005 28 2010 BA-10-04 Goddard; Inlet Fish Appeal Denied Appeal CUPs Granted to CINGSA PZC Affirmed CUPs Amended With Add'I Conditions & Granted BA-10-03 Lynford Disquie Appeal is denied Letter sent from BOA Chair Enforcement order amended in part BA-10-02 Lynford Disquie Appeal Denied CUP revoked BA-10-01 Murrieta No decision issued, appeal Encroachment Permit withdrawn during hearing Goggia -Withdrawn 2009 BZ-09-47 Campanella Appeal Denied Should be Appeal CUP Granted With PZC Reversed on Granting CUP BA 09-01 Condition to Install Circular Drive CUP Denied Kenai Landing, Inc. Withdrawn. Administrative Decision Resolved Administratively 2008 NONE NONE NONE 2007 NONE NONE NONE 2006 BA-06-02 Pearce Appeal Granted Appeal Carlson 's 2"d CUP Granted PZC Reversed for only Cabin Rentals CUP Denied BA-06-01 Carlson Appeal Denied Appeal CUP Denied for Fishing PZC Affirmed Guide Business & Cabin Rentals CUP Denied Fulk -Withdrawn 2005 BA-05-04 McKay Appeal Denied Appeal PZC's Findings on PZC's Findings Affirmed Walmart's Lease Application -2 -BOA Decision Table 2018 Declining to 2005 29 BA-05-03 Snow Remanded to the P&Z Commission for consideration of rezoning the property as limited Commercial BA-05-02 James A . Krein Appeal Denied Amendment to Patrick J . Doyle Amendment granted with CUP additional conditions BA-05-01 Blue Sky Pilots Trust Appeal Denied Appeal CUP denied CUP Denied Skrha -Rejected for timeliness The above table includes the eight (8) appeals that were filed in the timeframe of 2018 declining to 2005, but were either denied for timeliness, withdrawn , or were resolved administratively. Those appeals listed above are the following: 2017 -Tunseth -Withdrawn 2013 -Fish -Rejected for timeliness 2012 -Lashbrook (June Appeal) -Withdrawn (Administrative Decision Resolved Administratively) -Appeal re-filed in October 2012 201 O -Murrieta -Withdrawn during the hearing 2010 -Goggia -Withdrawn 2009 -Kenai Landing, Inc . -Withdrawn -Administrative Decision Resolved Administratively 2006 -Fulk -Withdrawn 2005 -Skrha -Rejected for timeliness -3 -BOA Decision Table 2018 Declining to 2005 30 Suggested by: Councilor Moore CITY OF KENAI ORDINANCE NO . 2082-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.290 TO REQUIRE NOTICES OF BOARD OF ADJUSTMENT HEARINGS BE SENT BY CERTIFIED MAIL TO THE APPELLANT AND ANY APPLICANT FOR A PERMIT BEING APPEALED FROM AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING; ALLOWING THE BOARD OF ADJUSTMENT FOR GOOD CAUSE TO SET THE PUBLIC HEARING DATE UP TO SIXTY (60) DAYS AFTER THE FILING OF THE APPEAL; AND UPDATING AND CLARIFYING OTHER PORTIONS OF THE APPEAL PROCESS. WHEREAS, currently under KMC 14.20 .290, notices of a public hearing are sent by regular mail at least ten ( 10) days prior to the public hearing; and, WHEREAS, notices to the appellant and any applicant for a permit being appealed from should be sent by certified mail so the City can confirm when such notices were delivered; and, WHEREAS, such notices should be mailed fifteen (15) days in advance instead of the ) current ten (10) days; and, ) WHEREAS, while the code now requires the public hearing to be held within thirty (30) days, circumstances can arise where it is impractical for the hearing to be held in that time period. Therefore, the Board of Adjustment should be able to schedule the hearing up to sixty (60) days from the date of the appeal for good cause; and, WHEREAS, other sections of KMC 14.20.290 should be updated and clarified. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.290 is amended as follows : 14.20.290 Appeals--Board of adjustment (a) Appeals from decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within fifteen ( 15) days of the decision. The appeal notice shall be in writing and must contain: 1) the name and address of the appellant; 2) a description of the action or determination from which the appeal is sought; and 3) the reason for the appeal, which must include a description of harm to the appellant. Any person(s) aggrieved by a decision of the administrative official or Commission may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. 31 ) ) Ordinance No. 2082-2005 Page 2 of 3 (b) Procedure: (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals with thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(l)-(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all interested parties and to all property owners within three hundred (300) feet of the property involved at least [TEN 10] fifteen (15) days prior to the hearing. Notices to the appellant and/or applicant for the action or determination must be sent by certified mail, return receipt requested. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above-mentioned powers, the Board of Adjustment may reverse, remand or affirm, wholly or partly, or may modify the order, requirement, decision or determination, as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All hearings [MEETINGS] of the Board shall be open to the public. [AND] The Board shall issue a written opinion, stating [KEEP MINUTES OF ITS PROCEED- INGS SHOWING] its decision, the reasons for its decision, and the vote of each member upon each question. The Board of Adjustment may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and may be in consultation with the City Attorney. An electronic recording shall be made of the hearings and shall be reduced to written minutes and, if needed, a verbatim transcript. Said minutes and verbatim transcript shall be made a public record. Copies of the decision shall be promptly posted on the City's official web site and mailed to all parties participating in the appeal. 32 ) ) Ordinance No . 2082-2005 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this second day of March, 2005. ATTEST: ~d:~ Carol L. Freas, City Clerk (2/7 /05 sp) ~#0~ PAT PORTER, MAYOR Introduced: Adopted: Effective: February 16, 2005 March 2, 2005 April2,2005 33 "Vt11a!Je with a Pas; City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.ci .ke nai .ak. us MEMORANDUM TO: FROM:(~{ DATE: RE: Mayor Pat Porter and the Kenai City Council Cary R. Graves, City Attorney March 10, 2006 Substitute Ordinance 2142-2006 This ordinance was postponed during the Council meeting of February 15, 2006 in order to look at changes-primarily regarding the issue of standing. First, some of the paragraphs of the substitute were rearranged to make it more readable. Second, the substitute ordinance has three substantive changes. Subsection (a)(3) was changed to allow standing for "an occupant or owner of an interest in real property" who can show that the use, value or enjoyment of the prope1ty has been adversely affected. In the previous version, only an owner would have standing. The new language broadens the standing rules and allows a tenant to have standing. Subsection (b)(6) was added to provide for a $100 filing fee. That is the same amount required to apply for a conditional use permit. The subsection allows for waiver of the fees for persons who cannot afford it. The language is similar to language in the Kenai Peninsula Borough code. The third change is language providing that the Board of Adjustment rather than the City Clerk will decide any standing issues. The new language is in subsection (c). Under the substitute ordinance the following people will have standing : 1) the applicant or owner of the subject property; 2) the City Manager or his/her designee; 3) an occupant or person owning an interest in real property who can show an adverse impact on the use, value or enjoyment of the property; and 4) an owner of property within a 300-foot periphery who is entitled to notice under KMC 14.20.280(c) If the Council wishes to broaden the standing rule more it may want to consider the following add itional change. Amend subsection (a)(4) to grant standing t o "any occupant or owner of an interest in real property within a one-mile periphery of the subject property." That would allow standing for persons around the property whether or not they could show an actual harm to 34 ' I .... Mayor Pat Porter and the Kenai City Cow1cil March I 0, 2006 Page 2 of 2 property they occupy or own an interest in. The one-mile periphery could, of course, be enlarged or reduced. I remain concerned that language basing standing on city residency would not survive a judic ial challenge. This additional language would grant liberal standing to area residents and property owners without basing standing on city residency. Finally, there was a suggestion that a person should be able to file an appeal with the City Administration, not just with the City Clerk. If Council wishes to make that change, the language in subsection (b) should be changed to say the appeals "mu st be submitted in writing to the City Administration within fifteen (15) days of the decision." My understanding is that the Clerk is concerned that amending the process to allow filing with the City Administration co uld increase the likelihood of an appeal being lost or mishandled. Please let me know if you have any questions. CRG/sp 35 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: APRIL 4, 2018 VENDOR DESCRIPTION PERS PERS INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 86,067.05 MATURITY DATE AMOUNT Effect.Int. _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3013-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $286,288 IN THE AIRPORT SPECIAL REVENUE AND AIRPORT TERMINAL IMPROVEMENTS CAPITAL PROJECT FUNDS FOR INCREASED COSTS ASSOCIATED WITH PHASE II OF THE PROJECT TO DESIGN THE AIRPORT TERMINAL REHABILITATION PROJECT AND AUTHORIZING A CONTRACT AMENDMENT WITH WINCE-CORTHELL-BRYSON FOR COMPLETION OF PHASE II OF THE PROJECT’S DESIGN. WHEREAS, the scope of the Airport Terminal Improvement project has expanded based on Phase 1 analysis to a project estimated at approximately $9,700,000 in design and construction costs; and, WHEREAS, Ordinance No. 2975-2017 appropriated the original design grant from the Federal Aviation Administration totaling $521,007; including the City’s required local match of $32,563 but is no longer sufficient to complete the expanded design; and, WHEREAS, an additional $286,288 is needed to complete the design and bid services and will initially be provided by the Airport Special Revenue Fund; and, WHEREAS, total professional services for design is estimated at $726,500, approximately 7.5% of the total project budget, and $80,795 in City Administration for a total design budget of $807,295, approximately 8.3% of the estimated project costs; and, WHEREAS, the additional $286,288 being provided by the Airport Special Revenue Fund is eligible for reimbursement by the project and will be included in the grant to be awarded for construction; and, WHEREAS, Wince-Corthell-Bryson submitted a proposal to provide additional design and bid services which the Administration has reviewed and found to be fair and reasonable; and, 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: Airport Special Revenue Fund: Increase Estimated Revenues: Appropriation of Fund Balance $286,288 Increase Appropriations: Transfer to Airport Terminal Improvements Capital Project Fund $286,288 36 Ordinance No. 3013-2018 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Airport Terminal Improvements Capital Project Fund: Increase Estimated Revenues: Transfer from Airport Special Revenue Fund $286,288 Increase Appropriations: Design & Engineering $286,288 Section 2. The City Manager is authorized to execute an amendment to the professional services agreement with Wince-Corthell-Bryson in the amount of $286,288 for completion of the Phase II Design for the Airport Terminal Rehabilitation Project. 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of April, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: April 4, 2018 Enacted: April 18, 2018 Effective: April 18, 2018 37 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant, Airport Manager DATE: March 23, 2018 SUBJECT: Ordinance No. 3013-2018 – Airport Terminal Rehabilitation ______________________________________________________________________ The memo recommends the appropriation of an additional $286,888 for the design of the Airport Terminal Rehabilitation Project. A large component of Phase 1 of this design project was defining the needs and establishing the scope of work to adequately rehabilitate the terminal. After completion of Phase 1, the extent of needed upgrades and the associated estimated construction costs was significantly greater than what was originally anticipated. The scope of work as established by the Phase 1 design includes roof replacement, new fire sprinkler system, relocation of administrative offices, exterior siding, interior flooring, wall repairs, painting, new ceiling, interior/exterior lighting upgrades, mechanical electrical room expansion, ADA upgrades, structural upgrades, mechanical, electrical, and telecom upgrades, tenant counter refurbishment, sewer line upgrade, and other improvements. The Phase II design cost was based on a preliminary scope of work and the original conceptual construction estimate for the terminal rehabilitation project of $4.5 million. With the change of scope and a revised cost estimate of $9.7 million for construction, the scope and cost for the Phase II design has increased. Wince-Corthell-Bryson submitted a proposal of $286,288 for additional design and bid services resulting in total design costs of approximately 7.5% of the estimated construction cost. Administration found this proposal to be fair and reasonable. In August 2017, the City received an FAA grant for the Phase 1 and 2 design. It is not uncommon for design to change during the development of a project and the FAA has confirmed these additional design costs are grant eligible and can be reimbursed through the construction grant. Your consideration is appreciated. 38 Grant Total FAA City No.Improvement Eligible Cost Share Share 1 Roof System A. New Roof Y 903,996.00$ 847,496.25$ 56,499.75$ B. Asbestos Abatement Y 234,370.00$ 219,721.88$ 14,648.13$ 2 Sprinkler System Y 125,250.00$ 117,421.88$ 7,828.13$ 3 Exterior Terminal Siding Y 638,505.00$ 598,598.44$ 39,906.56$ 4 Interior Flooring, Wall Repairs, Painting and Ceiling 76.5%1,841,356.00$ 1,320,597.51$ 520,758.49$ 5 Interior /Exterior Lighting Upgrades Y 585,733.00$ 549,124.69$ 36,608.31$ 6 Mechanical and Electrical Room Expansion Y 98,934.00$ 92,750.63$ 6,183.38$ 7 ADA Upgrades Y 194,397.00$ 182,247.19$ 12,149.81$ 8 Baggage Make-Up Area Expansion Y 595,661.00$ 558,432.19$ 37,228.81$ 9 Baggage Breakdown Area Expansion Y 688,957.00$ 645,897.19$ 43,059.81$ 10 Departure/Gate Area Expansion Y 492,318.00$ 461,548.13$ 30,769.88$ 11 Air Carrier Office Area Refurbishment A. Ticket Counters Y 74,771.00$ 70,097.81$ 4,673.19$ B. Baggage Conveyors Y 591,948.00$ 554,951.25$ 36,996.75$ C. Office Remodel N 335,478.00$ -$ 335,478.00$ D. Water and Sewer Service N 26,851.00$ -$ 26,851.00$ 12 Rental Car Area Refurbishment A. Front Counters Y 28,561.00$ 26,775.94$ 1,785.06$ B. Office Remodel N 75,627.00$ -$ 75,627.00$ 13 Airport Administration Area Refurbishment N 83,944.00$ -$ 83,944.00$ 14 Conference Room N 56,880.00$ -$ 56,880.00$ 15 Structural Upgrades to Terminal Y 36,431.00$ 34,154.06$ 2,276.94$ 16 Sewer Line Upgrade Y 50,000.00$ 46,875.00$ 3,125.00$ 17 Electrical, Mechanical and Telecom. Upgrades Y 1,029,007.00$ 964,694.06$ 64,312.94$ 20 Service Animal Relief Area Y 40,938.00$ 38,379.38$ 2,558.63$ 21 Visual Information System Y 150,905.00$ 141,473.44$ 9,431.56$ 22 Portable Kiosks Y 46,611.00$ 43,697.81$ 2,913.19$ 23 Smoking Shelter N 51,436.00$ -$ 51,436.00$ 24 Arrival Entry Rehabilitation Y 406,921.00$ 381,488.44$ 25,432.56$ 25 Second Story Exit Corridor Reconstruction Y 257,063.00$ 240,996.56$ 16,066.44$ Total 9,742,849.00$ 8,137,419.69$ 1,605,429.31$ 39 Ordinance _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Legal and Clerk CITY OF KENAI ORDINANCE NO. 3014-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MAKING HOUSEKEEPING AMENDMENTS TO KMC SECTION 3.25.060- ADOPTION PROCEDURE, 3.25.090- PROTECTIVE CUSTODY, 3.30.030-QUARANTINE OF INDIVIDUAL ANIMAL, 4.25.020- FEE SCHEDULE, 12.25.030- LEAVING OF JUNK OR ILLEGALLY PARKED VEHICLES, 13.30.090-SIGN BEARING THE LEGEND, 18.25.030 – INSPECTION FEE, AND 23.50.010- EMPLOYEE CLASSIFICATION. WHEREAS, the City recently changed code publishing companies; and, WHEREAS, as a part of the conversion process several anomalies in the City’s Municipal Code have been identified and should be addressed; and, WHEREAS, making the housekeeping changes provide consistency in the City’s Municipal Code NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 3.25.060 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.25.060 – Adoption Procedure, is hereby amended as follows: Adoption [P] Procedure. (a) A person adopting an impounded animal shall pay an adoption fee to help defray the cost of impounding and caring for the animal in accordance with KMC 3.[1]05.100. The adoption fee shall be as set forth in the City’s schedule of fees adopted by the City Council. (b) A person adopting an animal shall comply with the licensing requirements of KMC 3.15 or 3.20 as they apply to that animal. (c) In addition to any other fees required by this title, a person adopting a dog or cat from the City of Kenai Animal Shelter shall pay a deposit as set forth in the City’s schedule of fees adopted by the City Council. The deposit shall be refunded upon submission of a veterinarian’s certificate of spaying or neutering to Animal Control within thirty (30) days of adoption for dogs and cats over six (6) months of age at the date of adoption. For dogs or cats under six (6) months of age at adoption, the certificate must be presented within seven (7) months of adoption. Section 2. Amendment of Section 3.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.25.090 – Protective Custody, is hereby amended as follows: 40 Ordinance No. 3014-2018 Page 2 of 7 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Protective [C]Custody. (a) When an officer finds it is necessary that an animal not subject to impoundment be taken into custody of the Animal Control Shelter to preserve the animal’s or the public’s health or safety, the officer may take the animal into protective custody. (b) The Animal Control Shelter shall maintain an animal in protective custody until the animal is redeemed by its owner, or for a minimum of ten (10) days, after which time the animal may be disposed of as an impounded animal. (c) The owner of an animal in protective custody may redeem the animal upon demand, without paying an impoundment fee, upon payment of a boarding fee as provided in KMC 3.05.100(C)[(2) OR (C)(3)]. (d) A person who owns an animal taken into protective custody and disposed of as an impounded animal may obtain a review of that disposition as provided in KMC 3.25.080. Section 3. Amendment of Section 3.30.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.30.030 – Protective Custody, is hereby amended as follows: 3.30.030 Quarantine of [I]Individual [A]Animal. (a) Subject to KMC 3.30.020, an animal that has bitten by puncturing or breaking the skin of a person shall be quarantined immediately. The Chief Animal Control Officer shall determine the duration of the quarantine of the animal, but that duration shall not be less than ten (10) days nor more than fourteen (14) days. (b) Conditions of quarantine: (1) Subject to subsections (b)(2) through (b)(4) of this section, while an animal is quarantined, its owner shall confine the animal indoors or in a secure enclosure so that it cannot leave his premises, or come in contact with persons or other animals. The animal may be taken outdoors for brief period to relieve itself, provided it is kept on a secure leash under the control of an adult. The animal may be kept under equally secure conditions at a veterinary hospital or boarding kennel of the owner’s choice. The owner shall inform the Animal Control Shelter where he is keeping the animal. Upon learning that a dog has bitten a human being, the Animal Control Officer shall immediately notify the Department of Health and Welfare and inform said state agency of the place where said dog is impounded. The City may contract with persons knowledgeable with care and handling of well and sick dogs for inspection of the said dog for the fourteen (14) days of confinement to determine whether such dog is infected with rabies. For this purpose, persons so designated by the City and the Animal Control Officer shall have access to the premises where the dog is kept at all reasonable hours, and may take possession of the dog and confine it in the designated dog pound of the City or other suitable place at the expense of the owner. The owner or persons in possession of harboring such dog under observation shall immediately notify the Department of Health and Welfare of the State of Alaska of any evidence of sickness or disease in the dog during its period of confinement and shall promptly deliver its carcass to the appropriate agency in the event of the animal’s death during the said period. (2) No person may release an animal from quarantine without the written consent of the Chief Animal Control Officer. The Chief Animal Control Officer may require that an animal be inspected before releasing it from quarantine. 41 Ordinance No. 3014-2018 Page 4 of 7 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (3) No person may remove a quarantined animal from the City without notifying the Chief Animal Control Officer in writing at least 48 hours before the intended removal and obtaining the written consent of the Chief Animal Control Officer to the removal. (4) The Chief Animal Control Officer may direct that a quarantined animal be confined at the Animal Control Shelter. (c) The owner of a quarantined animal shall bear the expense of keeping the animal while it is quarantined, wherever it is kept and whether the location of its quarantine is selected by its owner or directed by the Chief Animal Control Officer. Where a quarantined animal is kept at the Animal Control Shelter, the owner shall be charged for its upkeep in accordance with KMC 3.05.100[(C)(2) OR (C)(3)]. Section 4. Amendment of Section 4.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 4.25.020 – Fee Schedule, is hereby amended as follows: Fee [S]Schedule. Section 103.4.1 Permit Fees of the Plumbing Code adopted by this chapter is amended to read: If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, then the fee schedule shall be computed according to KMC 4.05.030[(B)]and the schedule of fees adopted by the City Council. Section 5. Amendment of Section 12.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 12.25.030 – Leaving of Junk or Illegally Parked Vehicles, is hereby amended as follows: Leaving of Junk or Illegally Parked Vehicles. (a) No person shall leave any Junk Vehicle on any street, highway, right-of-way or public property within the City. (b) No person shall leave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and/or posted times, periods, or conditions. Any such vehicle shall be subject to emergency impounding procedures pursuant to Kenai Municipal Code 12.25.0[4]60(c). (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any Junk Vehicle to remain on such property longer than thirty (30) days; except that the junk vehicle storage and repair provisions of this chapter shall not apply; and no person shall leave any such vehicle on any property within the City for a longer time than thirty (30) days; except that this Chapter shall not apply with regard to a vehicle in an enclosed building or completely screened from public view and adjacent properties in compliance with Kenai Municipal Code 12.25.040; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City; or Junk Vehicles stored lawfully on parcels zoned: Light Industrial (IL) or Heavy Industrial (IH). (d) Notwithstanding the provisions of subsection (c) of this section, if the City Manager or designee has reasonable grounds to believe that repairs can be made to render a Junk Vehicle operable, 42 Ordinance No. 3014-2018 Page 2 of 7 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from public view while repairs are being performed, the City Manager may authorize a period of no more than thirty (30) additional days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met. Section 6. Amendment of Section 13.30.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.30.090 –Sign Bearing the Legend, is hereby amended as follows: Sign [B]Bearing the [L]Legend. (a) The only entrance by motorized vehicle to the beach area described in KMC 13.30.080(a) shall be at the natural end of Spruce Street at the Beach Road except as provided in KMC 13.30.080(a)([C]4). At that point a sign or signs shall be erected reading as follows: “ENTRANCE TO BEACH AREA. ALL VEHICLES MUST PROCEED DIRECTLY NORTH BEYOND THE LINE OF FOREST DRIVE.” (b) Other signs shall be placed along the Beach Road reading: “NO VEHICLES BEYOND THIS POINT.” Section 7. Amendment of Section 18.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 18.25.030 –Inspection Fee, is hereby amended as follows: Inspection [F]Fee. An inspection fee for each permit in an amount as set forth in the City’s schedule of fees adopted by the City Council shall accompany an application for permit hereunder to cover the cost of all inspections performed by City personnel as provided herein, except that in the case of excavations for water and sewer tie-ins, the inspection fee provided for by this section shall be waived so as not to duplicate the inspection fee for water and sewer tie-ins required under KMC 17.[0]15.0[4]70(d). Section 8. Amendment of Section 23.50.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.50.010 –Employee Classification, is hereby amended as follows: 23.50.010 Employee [C]Classification. City employees shall be classified by Class, Title, and Pay Range as follows: 43 Ordinance No. 3014-2018 Page 5 of 7 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] CLASS CODE CLASS TITLE RANGE (a) SUPERVISORY AND PROFESSIONAL 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 105 Public Works Director* 23 106 Police Chief* 23 107 Fire Chief* 22 112 Airport Manager* 20 117 City Planner 16 118 Information Technology (IT) Manager 18 119 Human Resource Specialist/Assistant to City Manager 15 120 Library Director* 18 121 Senior Center Director* 18 122 Parks and Recreation Director* 17 123 Human Resources Officer 16 (b) ADMINISTRATIVE SUPPORT 203 Administrative Assistant I 8 204 Accounting Technician I 10 205 Accounting Technician II 11 206 Accountant 16 210 Administrative Assistant II 9 211 Administrative Assistant III 10 214 Library Assistant 6 218 Library Aide 2.5 219 Data Entry Clerk 1.1 (c) PUBLIC SAFETY 302 Fire Fighter 13 303 Police Lieutenant 20 304 Police Sergeant 18 305 Police Officer 16 306 Public Safety Dispatcher 9 307 Fire Engineer 15 311 Fire Captain 16 312 Fire Marshal 17 313 Communications Supervisor 12 314 Police Trainee 16/21 315 Battalion Chief/Safety Officer 17 316 Chief Animal Control Officer 11 317 Animal Control Officer 9 44 Ordinance No. 3014-2018 Page 6 of 7 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] CLASS CODE CLASS TITLE RANGE (d) PUBLIC WORKS 401 Building Official 15 402 Shop Foreman 16 403 Street Foreman 16 404 Sewer Treatment Plant Operator 13 405 Water and Sewer Operator 13 407 Equipment Operator 11 408 Shop Mechanic 14 409 Equipment Lead Operator 14 410 Water and Sewer Foreman 16 412 Building Maintenance Technician 12 413 Sewer Treatment Plant Lead Operator 14 414 Sewer Treatment Plant Foreman 16 417 Airport Operations Specialist 11 418 Airport Operations Supervisor 15 419 Building Maintenance Lead Technician 13 420 Water and Sewer Lead Operator 14 (e) GENERAL SERVICES 504 Parks, Beautification and Recreation Operator 9 505 Parks, Beautification and Recreation Laborer 2.4 506 Cook 2.4 507 Activities/Volunteer Coordinator 2.4 508 Meals/Driver 2.4 509 Kitchen Assistant 2.2 510 Outreach Worker 1.1 511 Janitor 2.4 512 Driver 1 * Department Heads 1 For work performed after February 21, 2009, while attending the Alaska Public Safety Academy in Sitka, a police trainee shall be a paid at a Range 2, Step F. Because of a fluctuating and unpredictable training schedule, he or she shall be considered to work twelve (12) hours per day from Monday through Saturday and eleven (11) hours on Sunday, or the actual number of hours worked, whichever is greater. The normal work schedule at the academy shall be five (5) eight (8) hour shifts from Monday to Friday rather than four (4) ten (10) hour shifts as stated in KMC 23.50.0[5]30(b)(l). Section 9. 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. 45 Ordinance No. 3014-2018 Page 7 of 7 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 10. 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 18 day of April, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: April 4, 2018 Enacted: April 18, 2018 Effective: May 18, 2018 46 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk and Scott Bloom, City Attorney DATE: March 26, 2018 SUBJECT: Ordinance No. 3014-2018 – Housekeeping Amendments to KMC ______________________________________________________________________ This Ordinance contains housekeeping amendments to correct anomalies discovered throughout our code and brought to our attention by our new code publishing vendor during the conversion process. In most cases, the amendments included in this ordinance fix cross reference citations that were moved throughout the years. Your consideration is appreciated. 47 3/29/2018 The City of Kenai http://www.kenai.city/calendar/month 1/1 Popular Links Living Here Visiting Government Doing Business Calendar Search this site CAPTC no challe enabl Home » 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 Sun Mon Tue Wed Thu Fri Sat                                  April 2018 City Council Meeting 04/04/2018 - 6:00pm Parks and Recreation Commission Meeting - CANCELLED 04/05/2018 - 7:00pm Harbor Commission Meeting 04/09/2018 - 6:00pm Beautication Committee Meeting 04/10/2018 - 6:00pm Planning and Zoning Commission Meeting 04/11/2018 - 7:00pm Council on Aging Meeting 04/12/2018 - 4:30pm Airport Commission Meeting 04/12/2018 - 6:00pm City Council Meeting 04/18/2018 - 6:00pm Planning and Zoning Commission Meeting 04/25/2018 - 7:00pm City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907) 283-7535 KMC Sta Webmail Site Credits Disclaimer « Prev« Prev Next »Next » Hello jheinz Log outDashboardContentStructureAppearancePeopleModulesConfigurationReportsHelp Add content Find content Edit shortcuts 48 3/29/2018 The City of Kenai http://www.kenai.city/calendar/month 1/1 Popular Links Living Here Visiting Government Doing Business Calendar Search this site CAPTC no challe enabl Home » 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 Sun Mon Tue Wed Thu Fri Sat                                  May 2018 City Council Meeting 05/02/2018 - 6:00pm Parks and Recreation Commission Meeting 05/03/2018 - 7:00pm Harbor Commission Meeting 05/07/2018 - 6:00pm Beautication Committee Meeting 05/08/2018 - 7:00pm Planning and Zoning Commission Meeting 05/09/2018 - 7:00pm Council on Aging Meeting 05/10/2018 - 4:30pm Airport Commission Meeting 05/10/2018 - 6:00pm City Council Meeting 05/16/2018 - 6:00pm Planning and Zoning Commission Meeting 05/23/2018 - 7:00pm Memorial Day 05/28/2018 - 12:00am to 11:45pm City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907) 283-7535 KMC Sta Webmail Site Credits Disclaimer « Prev« Prev Next »Next » Hello jheinz Log outDashboardContentStructureAppearancePeopleModulesConfigurationReportsHelp Add content Find content Edit shortcuts 49 Poll "Performance Evaluation Special Meetings"April 2018May 2018Mon 30Tue 1Wed 2Mon 14Tue 15Wed 166:00 PM6:00 PM8:00 PM6:00 PM6:00 PM8:00 PMJamie HeinzOKOKOKOKOKOKscottOKOKOKOKBob MolloyOKOKHenryOKOKOKOKOKOKTimOKOKOKOKOKOKGleneseOKOKOKMike BoyleOKOKOKOKOKOKJim GlendeningOKOKOKOKOKOKBrian GabrielOKOKPaul OstranderOKOKOKOKOKOKCount7779981 / 1https://doodle.com/poll/a85znvgrb94hq95m50 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: March 29, 2018 SUBJECT: Scheduling a Work Session for Budget Presentation ______________________________________________________________________ After conducting the poll and discussions with the City Manager and Finance Director to determine dates everyone was available for holding a work session for presentation of the FY19 Budget, we are suggesting May 19. This will give the departments time to prepare their presentations. The poll and calendars for April and May are attached for your convenience. Your consideration is appreciated. 51 Poll "Budget Work Session"April 2018May 2018Sat 7Sat 5Thu 17Sat 19Wed 30Thu 319:00 AM9:00 AM6:00 PM9:00 AM6:00 PM6:00 PMJamie HeinzOKOKOKOKOKBob MolloyOKOKOKOKHenryOKOKOKOKOKOKTimOKOKOKOKGleneseOKOKOKOKOKMike BoyleOKJim GlendeningOKOKOKOKOKBrian GabrielOKOKOKCount3776641 / 1https://doodle.com/poll/86sx4zr8abf3apac52 3/29/2018 The City of Kenai http://www.kenai.city/calendar/month 1/1 Popular Links Living Here Visiting Government Doing Business Calendar Search this site CAPTC no challe enabl Home » 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 Sun Mon Tue Wed Thu Fri Sat                                  April 2018 City Council Meeting 04/04/2018 - 6:00pm Parks and Recreation Commission Meeting - CANCELLED 04/05/2018 - 7:00pm Harbor Commission Meeting 04/09/2018 - 6:00pm Beautication Committee Meeting 04/10/2018 - 6:00pm Planning and Zoning Commission Meeting 04/11/2018 - 7:00pm Council on Aging Meeting 04/12/2018 - 4:30pm Airport Commission Meeting 04/12/2018 - 6:00pm City Council Meeting 04/18/2018 - 6:00pm Planning and Zoning Commission Meeting 04/25/2018 - 7:00pm City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907) 283-7535 KMC Sta Webmail Site Credits Disclaimer « Prev« Prev Next »Next » Hello jheinz Log outDashboardContentStructureAppearancePeopleModulesConfigurationReportsHelp Add content Find content Edit shortcuts 53 3/29/2018 The City of Kenai http://www.kenai.city/calendar/month 1/1 Popular Links Living Here Visiting Government Doing Business Calendar Search this site CAPTC no challe enabl Home » 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 Sun Mon Tue Wed Thu Fri Sat                                  May 2018 City Council Meeting 05/02/2018 - 6:00pm Parks and Recreation Commission Meeting 05/03/2018 - 7:00pm Harbor Commission Meeting 05/07/2018 - 6:00pm Beautication Committee Meeting 05/08/2018 - 7:00pm Planning and Zoning Commission Meeting 05/09/2018 - 7:00pm Council on Aging Meeting 05/10/2018 - 4:30pm Airport Commission Meeting 05/10/2018 - 6:00pm City Council Meeting 05/16/2018 - 6:00pm Planning and Zoning Commission Meeting 05/23/2018 - 7:00pm Memorial Day 05/28/2018 - 12:00am to 11:45pm City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907) 283-7535 KMC Sta Webmail Site Credits Disclaimer « Prev« Prev Next »Next » Hello jheinz Log outDashboardContentStructureAppearancePeopleModulesConfigurationReportsHelp Add content Find content Edit shortcuts 54 KENAI HARBOR COMMISSION MARCH 12, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR CHRISTINE HUTCHINSON, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Hutchinson called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Hutchinson led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Chair C. Hutchison, Vice-Chair N. DuPerron, M. Dunn, G. Greenberg, B. Peters, C. Crandall, J. Desimone Commissioners absent: None. Staff/Council Liaison present: City Manager P. Ostrander, Council Member J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner DuPerron MOVED to approve the agenda with the addition of 5b. Wake Zones. Commissioner Crandall 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 8, 2018 MOTION: Commissioner DuPerron MOVED to approve the meeting summary of January 8, 2018; and Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. b. February 12, 2018 55 Harbor Commission Meeting March 12, 2018 Page 2 MOTION: Commissioner Peters MOVED to approve the meeting summary of February 12, 2018; and Commissioner DuPerron SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion – Defining Roles & Responsibilities It was suggested to table the discussion of defining the Harbor Commission’s roles and responsibilities until September. MOTION: Commissioner DuPerron MOVED to postpone discussion of Commission Roles and Responsibilities until September and Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. b. Wake Zones MOTION: Commissioner Crandall MOVED to post a No Wake Zone sign at the entrance of the river, provide information in the dipnet brochure, add to the Dipnet app, and informational signs at the City of Kenai boat launch and Commissioner Desimone SECONDED the motion. 6. NEW BUSINESS a. Discussion/Recommendation – Capital Improvement Program Priorities MOTION: Commissioner DuPerron MOVED to postpone discussion of Capital Improvement Program Priorities until the next meeting. Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Public Works Director – City Manager Ostrander reported: • The Board of Fisheries and the Upper Cook Inlet Finfish meeting would be in Kenai in 2020, something that had been of interest to have here for the last 20 years; • The feasibility report for the Bluff Erosion Project would not meet the deadline of April 30 due to the delay in approval for federal funding, however, the project is supported by the congregational delegation and he was optimistic the report would be complete by mid-summer; and • The City Dock did not yet have a concessionaire for this year, Copper River Seafoods would not being doing it; options forward were being discussed. 56 Harbor Commission Meeting March 12, 2018 Page 2 b. Commission Chair – Hutchison noted the discussion of the No Wake Zone signs was instrumental and she looked forward to the progress and continuing discussion on defining the Commission’s roles and responsibilities. c. City Council Liaison – Council Member Glendening reported on the February 7 Council Meeting actions and provided an update on the plans with displaying the renovated Kenai Fire Truck. 8. NEXT MEETING ATTENDANCE NOTIFICATION – April 9, 2018 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioners expressed thanks for the discussion regarding the No Wake Zones. Commissioner DuPerron noted the upcoming Volunteer Appreciation Dinner on April 19. 10. ADDITIONAL PUBLIC COMMENT Council Member Glendening expressed gratitude for the commissioners’ time and enthusiasm. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:52 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 57 KENAI PARKS & RECREATION COMMISSION MARCH 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 Call Commissioners present: C. Stephens, J. Joanis, N. Widmayer Commissioners absent: T. Wisniewski, J. Halstead, S. Kisena, F. Perez Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Member H. Knackstedt No quorum was present. c. Agenda Approval 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT 4. APPROVAL OF MEETING SUMMARY a. February 1, 2018 5. UNFINISHED BUSINESS a. Draft FY2019 / 2020 / 2021 Capital Improvement Projects 6. NEW BUSINESS – None. 7. REPORTS a. Parks and Recreation Director b. Commission Chair c. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION – April 5, 2018 58 Parks and Recreation Commission Meeting March 1, 2018 Page 2 9. COMMISSION QUESTIONS & COMMENTS 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION ITEMS 12. ADJOURNMENT Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 59 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING MARCH 14, 2018 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA http://www.kenai.city MINUTES 1. CALL TO ORDER Commission Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of the Allegiance. b. Roll Call Commissioners present: Chair J. Twait, Vice-Chair R. Springer, J. Halstead, K. Peterson, V. Askin, D. Fikes, G. Greenberg Commissioners absent: None. Staff/Council Liaison present: City Manager P. Ostrander, City Clerk J. Heinz, Planning Assistant W. Anderson, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e. *Excused absences – None. 60 ____________________________________________________________________________________ Planning and Zoning Commission Meeting March 14, 2018 Page 2 of 5 2. *APPROVAL OF MINUTES: February 14, 2018 and February 28, 2018. The minutes were approved by the Consent Agenda. 3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. Resolution PZ2018-05 - Application for a Conditional Use Permit to operate an approximately 984 square-foot Marijuana Cultivation Facility, Standard, within an existing approximately 1,216 square foot detached garage; located on the property known as 505 Ames Rd., Kenai, AK 99611, and further described as a portion of the NW1/4SW1/4, Section1, Township 5 North, Range 11 West. Application submitted by: Janna Karvonen, d/b/a Lone Fox Farms LLC, P.O. Box 393, Sterling, AK 99672. [Clerk’s Note: Commissioner Fikes joined the meeting at 7:06 p.m.] City Manager Ostrander reviewed the staff report, which was provided in the packet, noting the marijuana cultivation facility would occupy an existing detached garage, reviewed the findings relevant to the criteria for issuance pointing out that the Conditional Use Permit could be approved with the following conditions: • Further development of the property shall conform to all State and local regulations; • A building permit will be required for the remodeling of the Commercial Marijuana Establishment as shown on the submitted floor plan; • Prior to operation of the Marijuana Cultivation Facility, Standard, the property owner shall submit a copy of an approved Business License issued by the State of Alaska, Department of Commerce, Community and Economic Development; • Prior to operation of the Marijuana Cultivation Facility, Standard, the property owner shall submit a copy of the approved and fully executed license or the Marijuana Cultivation Facility, Standard. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board; • Other than a 1.5 foot x 2 foot sign near the main entrance of the building that will contain the name if the business, no signs will be placed on the subject parcel or on the subject Commercial Marijuana Establishment, which will advertise its use on the property; • All security lighting for the Commercial Marijuana Establishment shall be downcast and shielded; • Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana Establishment shall not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment; • The Commercial Marijuana Establishment may not increase in square footage without a new or amended Conditional Use Permit; • Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an Annual Report to the City of Kenai. 61 ____________________________________________________________________________________ Planning and Zoning Commission Meeting March 14, 2018 Page 3 of 5 MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ2018-05 with staff recommendations and Commissioner Halstead SECONDED the motion. Chairman Twait opened the floor for public testimony. Tim Flick spoke in opposition suggesting it would impair property values; expressed concern with the unknown outlet of the floor drain; also expressed concern that it was a Landlord/Tenant situation. Casey Bierner inquired about a petition of neighbors stopping the Commercial Marijuana Establishment from operating. Phil Daniel spoke in opposition noting he had small children and was concerned with the proximity of the establishment to the property line; asked if a condition could be added for a privacy fence to keep children from accessing property. Tim Flick pointed out that Alaska Department of Transportation was doing construction on Beaver Loop Road and was doing a lot of clearing; expressed concern that the establishment would be seen from the road. There being no one else wishing to be heard, public comment was closed. MOTION: Commissioner Halstead MOVED to amend by requiring a six-foot slatted screening fence on the back and side lot area as appropriately deemed by land management and Commissioner Askin SECONDED the motion. It was noted the fence was to provide for screening for children in the neighborhood. Removal of naturally screening trees to construct a fence and setting precedence for requiring a fence were discussed. The motion was withdrawn with approval of the second. The unknown outlet of the floor drain and the location of restroom facilities for employees were discussed. Commissioner Springer noted he disagreed with Administration with regard to values of adjoining properties stating that, in his opinion as a Real Estate Broker, the values would be impaired as potential buyers are made aware of marijuana facilities in disclosure statements and if there was one aspect of a neighborhood a buyer didn’t like, they wouldn’t purchase the property. He pointed out that during work sessions where the Commission was creating guidelines, they recommended marijuana establishments not be allowed in residential areas and that had been changed to permitted by Conditional Use Permit; suggested readdressing the issue. Commissioner Greenberg noted the standard cultivation license provided for unlimited square footage and didn’t think a standard license was appropriate for a garage in a residential area; was 62 ____________________________________________________________________________________ Planning and Zoning Commission Meeting March 14, 2018 Page 4 of 5 more appropriate as an industrial use. It was clarified that the license was held by the tenant and without a marijuana establishment license, the facility could not be operated by anyone else. It was further clarified that the Conditional Use Permit was associated with the property and was transferrable so, if another licensee came in, the Conditional Use Permit could be transferred. Commissioner Fikes expressed concerns with the tenant/landlord situation, with the unknown drain outlet and the potential use of pesticides, and the industrial type use with no means of screening or buffering. Commission Chair Twait pointed out that use of pesticides was not in the scope of the Commission’s concern. It was pointed out that if Commissioners intended to deny the Permit, the decision needed to be based on something in the code and drainage out of a floor drain was not a criteria in code. VOTE: YEA: Peterson, Twait, Greenberg NAY: Fikes, Springer, Halstead, Askin MOTION FAILED. Chairman Twait noted there was a 15-day appeal period. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council – Council Member Knackstedt reviewed the action agenda from the March 7 City Council meeting and added the City was recruiting for Public Works Director and reviewing the candidates for the City Planner. He also pointed out that that denying a Conditional Use Permit required the decision to be based on findings and code; suggested the Commission have discussions and request Administration’s help drafting defendable code changes and forward to Council to adopt. b. Borough Planning – Commissioner Fikes noted that on March 12 the Commission approved two Conditional Use Permits in the water habitat district to improve a walkway and place structures; postponed a third Conditional Use Permit for the purpose of requesting more information; approved a Conditional Use Permit for material extraction in the Happy Valley area. c. Administration – City Manager Ostrander reported on the following: • Alaska Department of Corrections work camp at PacStar for inmates may require a 63 ____________________________________________________________________________________ Planning and Zoning Commission Meeting March 14, 2018 Page 5 of 5 change of use; not pursuing program immediately; • Alaska Gas line Development Corporation looking at feasibility of extending the City’s water lines six miles north; found it to be feasible with added wells; will insure no negative impacts to residents if the decision is made to move forward; • The Alaska Board of Fisheries agreed to hold their 2020 meeting in the Kenai/Soldotna area; thanked Mayor Gabriel for participating in person; • The new owner of the theater and fun center was getting started on improvements to screen rooms and the fun center; • The Bluff Erosion project was moving forward again; April 30 deadline will be missed but not delayed by much. 11. ADDITIONAL PUBLIC COMMENT Jim Glendening pointed out that when there were issues with gravel pits, he brought forth an ordinance to change the code and suggested the same in the case of marijuana; also suggested an at ease to deliberate or postponement if more information was needed. Phil Daniel asked about mailed notices; it was clarified that one was mailed to him but his address had not been updated with the Borough. He urged the Commission to consider looking at residential zoned areas and only permitting the smaller, limited cultivation. 12. INFORMATIONAL ITEMS – None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: March 28, 2018 14. COMMISSION COMMENTS & QUESTIONS Commissioner Askin suggested scheduling a work session to discuss code amendments relevant to marijuana establishments. Commissioners Halstead and Greenberg echoed Commissioner Askin’s concerns. Commissioner Springer thanked the Commission for listening to his opposition. Suggested revisiting the code; a lot of commercial vacancies that could easily house the facilities rather than their being in residential neighborhoods where he believed it would affect real estate values. Commissioner Fikes clarified she felt the establishment would negatively impact property values with the size being impactful. Commissioner Twait asked Administration to have a work session to discuss marijuana establishments at 6pm on March 28th. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:15 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC City Clerk 64 65 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: APRIL 4, 2018 VENDOR DESCRIPTION DEPT. RANDY'S GLASS OPS DOOR REPAIRS AIRPORT ACCOUNT AMOUNT REPAIR & MAINTENANCE 7 ,370.00 APRIL 4, 2018 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION Remove Item G.2. Purchase Orders Exceeding $15,000 Add to Item F.1 . Ordinance No. 3011-2018 • Correction Email from Councilor Molloy • Email Comments from Residents • Memo from City Clerk REQUESTED BY City Clerk City Clerk From: To: Cc : Bob Molloy Jamje Hejnz Jacaue !yn Kennedy Subject: Lay Down for ORD No. 3011 -2018 Wednesday, Apri l 04, 2018 8:31 :43 AM Date: Hi Jamie: I made an error in the clean version on page 14 of the electronic packet. The potential proposed amendment to KMC 14.20.290(a) is: (4) any person who was entitled under KMC 14 .2 0.280(c) to notice by mail of a public hearing on an application for the action or determination ; The phrase "and who states that the procedure for property owner notification did not comply w ith KMC 14.20.280(c)" should not have been included in the clean version. The clean version is: Clean Version: 14.20.290 Appeals -Board of Adjustment. (a) Any person(s) aggrieved by a final decision of the administrative official or Commission and a party of record may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. To be a "person(s) aggrieved " by a final decision of the administrative official or Commission the person must be: ( 1) the appli cant for the action taken or determination, or the owner of the property that is the subject of the action or determination under appeal; or (2) the administrat ive official ; or (3) a legal occupant or owner of an interest in real property who states that the decision of the administrative official or Commission has or cou ld have an adverse effect on the legal occupant or owner's use or enjoyment of the property or on the value of the property interest asserted. A legal occupant is an occupant with a current rental or lease agreement executed by the owner, or owner's agent, of the real property in question . An interest that is no different from that of the general public is not sufficient to make a person aggrieved ; or (4) any person who was entitled under KMC 14 .20.280(c) to notice by mail of a public hearing on an application for the action or determination; or (5) a resident of the City of Kenai who is a party of record . To be a "party of record," a person, legal entity or government agency, must state that the person , legal entity or gove rnment agency partic ip ated with either ora l or written comments submitted before or at a hearing held by the planning and zo ning commission or held by the administrative official making a final decision . Plea se make this a l ay down for tonight's Council Meeting. Thank you . Bob Mo lloy Council Member From : To: Subject: Date: Jenny, mjron@acsalaska.net Jamie Hejnz prop osed ordinance 3011 -2018 Wedn esday, April 04, 20 18 10 :05:38 AM Per ou r phone conversation please pass this on to the City Council members for tonights meeting Best Regards, Ron Roga lsky Kenai City Council Members: We are writing to urge you to vote no tonight on the proposed ordinance 3011-2018 which would restrict our rights to future appeals process'. Thank You for your consideration , Ron Rogalsky MJ Loveland 945 Ames Rd Kenai 9073989238 From: To: Subject: Date: kkelso@alaska .net Jam je Hei nz City Council Ordinance 3011-2018 Tuesda y, April 03, 2018 8:56:57 PM Dear Counci l Members, We are writing to strongly oppose City Council Ordinance 3011-2018. This ordinance attempts to lim it the power of the individual and undermines the tenets of democracy. Please vote no on Ordinance 3011-2018. Sincerely, Richard and Kellie Kelso 408 Rogers Rd Kenai , AK 99611 MEMORANDUM 'Vtffate «1/t/t, a Pa.f~ Ct~ «1/t/t, a h.tan 11 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone : (907) 283-75351 Fax: (907) 283-3014 www. kenai .city TO: FROM: Mayor Brian Gabriel and Kenai City Council Jamie Heinz, City Clerk DATE: April 3, 2018 SUBJECT: Ordinance No. 3011-2018-Board of Adjustment Procedures I was asked to provide the cost. paid by the City, of the most recent Board of Adjustment matter, Mel ntoshfT unseth. The total was $4855.85 The breakdown is as follows: Staff time = $3870.19 Postage= $33.40 Materials = $784.50 Ads= $167.76 Staff time was approximately 55 hours compiled from five staff members; No City Council Member time was included in the breakdown . Kenai City Council Meeting Page 1 of 3 April 4, 2018 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING APRIL 4, 2018 – 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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS – None. E. MINUTES 1. APPROVED BY THE CONSENT AGENDA.*Regular Meeting of March 21, 2018 F. UNFINISHED BUSINESS – None. 1. ENACTED. Ordinance No. 3011-2018 – Amending Kenai Municipal Code Section 14.20.290 – Appeals – Board of Adjustment, to Amend Standing Requirements for Filing an Appeal, Filing Fee Waivers, Who Makes Initial Determinations on Standing, and Making Other Housekeeping Changes. (Council Members Pettey and Knackstedt) [Clerk’s Note: This Item was Postponed to this Meeting from the March 21, 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. Kenai City Council Meeting Page 2 of 3 April 4, 2018 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 04/18/2018. *Ordinance No. 3013-2018 - Increasing Estimated Revenues and Appropriations by $286,288 in the Airport Special Revenue and Airport Terminal Improvements Capital Project Funds for Increased Costs Associated with Phase II of the Project to Design the Airport Terminal Rehabilitation Project and Authorizing a Contract Amendment with Wince-Corthell-Bryson for Completion of Phase II of the Project’s Design. (Administration) 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 04/18/2018. *Ordinance No. 3014-2018 – Making Housekeeping Amendments to KMC Section 3.25.060- Adoption Procedure, 3.25.090- Protective Custody, 3.30.030-Quarantine of Individual Animal, 4.25.020- Fee Schedule, 12.25.030- Leaving of Junk or Illegally Parked Vehicles, 13.30.090-Sign Bearing the Legend, 18.25.030 – Inspection Fee, and 23.50.010- Employee Classification. (Legal and City Clerk) 5. SPECIAL MEETINGS SCHEDULED FOR 05/14/18 AND 05/15/18 AT 6:00 P.M. Action/Approval – Schedule a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney, City Clerk, and City Manager. (City Clerk) 6. WORK SESSION SCHEDULED FOR 05/19/18 AT 9:00 A.M. Action/Approval – Schedule a Work Session to Review and Discuss the Fiscal Year 2019 City of Kenai Budget. (City Clerk) 7. Discussion – Harbor Commission’s Recommendation for Wake Zone Signs at the Mouth of the Kenai River. (City Manager) 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. Kenai City Council Meeting Page 3 of 3 April 4, 2018 M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE APRIL 4, 2018 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ord inance(s ) and/or Resolution(s) at the above-referenced meeting . 1. ENACTED. Ordinance No. 3011-2018 -Amending Kenai Municipal Code Section 14.20.290 -Appeals -Board of Adjustment, to Amend Standing Requirements for Filing an Appeal, Filing Fee Waivers, Who Makes Initial Determinations on Standing , and Making Other Housekeeping Changes . (Council Members Pettey and Knackstedt) 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.