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HomeMy WebLinkAboutRESOLUTION 1984-01-~ Suggested by: Council CITY OF KENAI RESOLUTION N0. 84-1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THAT THE BOROUGH ASSEMBLY DELEGATE THE POWER TO PROVIDE ZONING REGULATIONS WITHIN THE CITY OF KENAI AS PROVIDED BY KENAI PENINSUL A BOROUGH ORDINANCE 21.01.020 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Kenai Peninsula Borough Ordinance 21.01.020 provides that upon request by City, the Borough Assembly shall delegate zoning regulations within the City, and WHEREAS, Council of the City of Kenai deems it in the best interest of the City of Kenai to request a delegation of the power to provide zoning regulations to the City. WHEREA5, the City of Kenai deems July 1, 1984, an appropriate date for receiving delegated zoning powers, which date would provide sufficient time for an orderly transition. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Borough Assembly is hereby requested to delegate the power to provide zoning regulations within the City of Kenai, to the City of Kenai. PASSED BY THE COUNCIL OF THE CIT~OF KENAI,'ALASKA, this 4th day of January, '1984. TOM WAGONER, MAY9R ATTEST: ,~ net Whelan, City Clerk ~_ ^--~ .~., .~ ~•. CITY OF KENAI P. O. WX St0 KENAI, ALASKA 9l~1 i iEtEPNONE 333 • 7533 MEMO T0: Honorable Mayor and Members of City Council FROM: Jeff Labahn, Land Manager RE: Delegation of Zoning Powers GATE: December 28, 1983 Resolution 84-1, requesting the delegation of zoning powers from the Kenai Peninsula Sorough Assembly, has been drafted as directed by Council at their last meeting. The proposed effective date of July 1, 1984, is intended to provide for a reasonable transition period. The procedure for delegating the zoning power and the responsibilities vested in the City Council and Planning Commission is outlined in Kenai Peninsula Borough Code of Ordinances 21.01.020. Council formerly considered the assumption of zoning powers on March 2, 1983. Resolution 83-21 failed on a 4-3 vote. The resolution and meeting minutes are attached for your reference. JL /md Enclosures '` ~_ ~~ c o.~v-t-@- ' F....err`-~,,: ~L~... ~ ... a .~ .... ~ ~p .rpv 1~. ~~o dt.- e -~ `J ~ ~.' ~-w..L S ..1.01.010--21.01.020 Chapter 21.01 LAND USE PLANNING AND ZONING POWERS IN THE BOROUGH AND CITIES Sections: 21.01.010 Powers of the borough and the cities. 21.01.020 Option--Delegation of zoning powers to cities. 21.01.030 Borough and cities--Central files, maps, photographs. 21.01.010 Powers of the borou h and the cities. A. The borough shall exercise all planning, zoning and platting powers on an areawide basis within that portion of the borough designated as the rural district by Section 21.040.010 (B). The borough assembly shall be the board of adjustment for appeals made from decisions of the borough planning com- mission. B. The borough planning commission shall exercise jur- isdiction within the rural district and the municipal dis- tricts regarding planning, platting, subdivision approval, the siting of borough schools, buildings and other borough facilities, the planning and development of transportation networks and related facilities, the overall economic de- velopment of the borough, and regarding borough lands and natural resources. The decisions made by the borough plann- ing commission under this subsection shall take into con- sideration the recommendations of the affected municipalities. (Ord. 81-2 ~1(part), 1982). 21.01.020 Option--Delegation of zoning powers to cities. A. If a city by resolution of the council requests the assembly to delegate the power to provide zoning regu- lation within the city, the assembly shall delegate the power. A city to which the zoning authority is delegated may exer- cise all zoning powers within the city to the extent that such powers have been granted to the borough by statute, except those powers reserved to the borough by Section 21.01.010. B. The city council is delegated the power to establish a planning commission to hear all requests for amendments to zoning codes, or for variances, conditional use permits, con- tract rezoning or to hear all other matters coming under the zoning ordinances enacted by the city. Appeals from a de- cision of the city planning commission may be made to the council of the respective city, sitting as a board of ad- justment. Appeals from decisions of the board of adjustment shalom be made to the superior court as provided by law. 178b {Kenai Peninsula Borough 8/82) --,~-~---~ 1 -- --. i - ~~ Z'' ~~ Suggested by: Councilman Wagoner CITY OF KENAI RESOLUTION N0. 83-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA RE- QUESTING THAT THE BOROiiGH ASSEMBLY DELEGATE THE POWER TO PROVIDE ZONING REGULATIONS WITHIN THE CITY OF KENAI AS PROVIDED BY KENAI PENINSULA BOROUGH ORDINANCE 21.01.020 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Kenai Peninsula Borough Ordinance 21.01.020 provides that upon request by City, the Borough Assembly shall delegate zoning regulations within the City, and WHEREAS, Council of the City of Kenai deems it in the best interest of the City of Kenai to request a delegation of the power to provide zoning regulations to the City. WHEREAS, the City of Kenai deems September 1, 1983 an appropriate date for receiving delegated zoning pavers, which date would provide sufficient time for an orderly transition. NOW, THEREFORE, 8E IT RESOLVED BY THE COUNCIL OF TtiE CITY OF KENAI, ALASKA, that the Borough Assembly is hereby requested to delegate the power to provide zoning regulations within the City of Kenai, to the City bf Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of March, 1983. Ronald alston, Mayor ATIEST: ane elan, ity erk C! C=, i '; '. I t ., t ,, •:; Ii -~-~ ~ ~~ ~F ' :it_ t` --:- t ,; { _;., '.1 E ,.. ., ~; ~ ~; i, ~~ r F J Supp. X26 21.01.030 C. The borough will not be responsible for the pro- secution of zoning violations arising within cities, or for the defense and enforcement of decisions of the planning commission, the city council, or.• the board of adjustment. D. The funding for zoning functions in the cities including administrative costs of exercising the delegated powers of zoning will not be the responsibility of the borough. E. The borough will not be responsible to defend against any claims for damages, or other liability arising from the exercise of any zoning power by the city, the city advisory planning commission, or any administrative officer of the city. (Ord. 81-2 §1 (part), 1982). 21.0.1..030 Borough and cities--Central files, maps, photographs. The borough will maintain central files, maps, and other photographs showing the land use status of each area within the city and other areas of the borough and this information shall be public and made avai'_able to the public upon request and payment of any appropriate fee established by the borough. (Ord. 81-2 §1 (part), 1982). 178c (Kenai Peninsula Borough 8/82) 1 1 - ~ ----'~ j ~a~.~"Y..' _ I Kenai Ctity Counrtl March 2, 19fl3 Page 5 Councilman Wagoner asked, once the prc.ject is engineered where will the money come f:om anc! how long will we have to wait? City Manager Brighton replied, he dtdn't know, the Governor wanted work-ready projects. We are trying to get into the Governor's budget, it is not at this time. They will not even consider it if it not engineered. We have en ADAP application on this. Councilman tlagoner said 5140,000 is a lot of money to put into engineering and put on the shelf. Councilman Vise asked, what was the status on all ADAP proposals? Airport Manager SKalley said, we currently have ? requests submitteri. One was just approp- riated at the last meeting, ramp overlay and itinerant parking, has been since 1979. The other, extension of the taxiway, has been since 1980. We will put to bid on the ADAP fencing projects. The machinery requested in 1979 was lowered in priority. Councilman wise noted the FAA has been [squired to set funds, when will they flow? 14r. Swalley replied, we should get release about June 1. Mr. Brighton added, the State has signed off on both projects (overlay and itinerant parking). We were short on itinerant parking and have requested 580,000 discretionary money. It was allocated for airport, it is an approved project. Councilman Wise asked, regarding the 5 cents a gallon bill, there was ADAP 1985-86 funding. Are we getting any money? Mr. Brighton replied, that has not been released at this time. It should come in the next 6 months, if it comes we can make up the difference on the shortfall. Councilman Ackerly noted 5140,000 for engineering is a lot of money. Mr. Brighton said the project will cost 52.5 Million to 52-3/4 Million. It is our only chance to get the money to do the project. Safety, fish hauling, additional room for commerce and to open up additional lots are the reasons. Councilman Wise asked if we were to reduce the scope, would there be a major problem? Mr. Brighton replied, it would have no bearing on whether the Governor gave it to us. YOiE (Pesaed)z Yesz t4alston, Ackerly, Bailie, Measles, yfagonet, Click Nos Wise C-6 Resolution 83-21 - Requesting Borough Assembly Delegate Zoning Powers to City MOTION: Councilman Wagoner moved, seconded by Councilman Measles, to adopt the ordinance. PUBLIC COMMENT: 1. Ruby Coyle. This was before Council less than a year ago. Public hearings were held and professional test- imony was given by Sam Best. Title 29 says P&Z may be turned over to the City if the City wishes to take :t. The Borough nay take it beck. She didn't think we should do this. The Borough has said they will only give zoning. They also said they would not pay any part of the financing. The citizens of Kenai pay the same amount to the Borough, and ii is their obligation. Why should we pay the Borough to do the planning for all pieces and then for the City? We will pay 2 tines. If we get another Borough Mayor, he could take it away from us. It will cost us money. Councilman Wagoner said he knew there are problems with just taking over I J ~~~~~ e,~ -r .f Kenai Csty Council March 2, 19A3 Page 6 1 zoning, but he has problems a:ttinq an f_ouncil when the City P8Z is only advisory. There are 15 people on the Assembly that are oat residents of Kenai that make decisions about the City. Yte should make an attert•pt to get the powers back. It woulA not. cost us that much for zoning only. Councilwoman Railie said she talked to the planner in Homer, they are satisfied. The time factor is better. In Homer, they doubted the Rorough will take it back and are willing to live with it. they also did not think it would cost that much. Mrs. Coyle asked, how long has Homer had these powers? Councilwoman Railie replied, since last summer. Also, the Planner was not hired as Planner, but as Administrative Asst., so 1t did not mean a new position. tors. Coyle said she sat on Ptf2 on the City and the Rorough. She could not remember a time when the Advisory Comm. was turned down. It did take longer. She asked that we take out the transfer powers from Title 29, and require thy Cities to be paid. Councilman Wise suggested a financlal impact statement. Councilwoman Glick said Mayor Thompson had said help was avail- able. We had help from the Borough in the past. She has requested a Borough resolution for submittal to the Legislature emending Title 29 that when 8 if powers were transferred, they cannot be arbitrarily withdrawn unless the City agrees. Councilman Wagoner noted the more cities that take back these powers, the less chance it will be taken back. VOTE (Failed): Yes: Bailie, Measles, Wagoner Nos Wise, Malston, Ackerly, Glick Councilman Wise asked for a financial impact statement. Council agreed to put it off. C-9 Resolution 83-22 - transfer of Funds -Federal Revenue Sharing - Maintenance Agreement on 5 Word Processors ASOTION s Councilman Heasles moved, seconded by Councilwoman Glick, to adopt the resolution. Councilman Wagoner asked if this was for maintenance through June 30 or from the time the warranty would run out for 12 months? Councilman wagoner said if this is for une yCar, it should be paid through June 30 end then have on the same period as our fiscal year. Finance Director Brown was not present. MOTION, Postponements Councilman Wagoner moved, seconded by Councilman Ackerly, to table till the next meeting. Motion passed by unanimous consent. City Meneger Brighton was asked to find out and report et the next meeting. ~. _- ,~;,~ _ _ r,,,®- - - - - - ••f ~ ~. . ,-. CITY 0~ ~ENAI ~• O. {OX Si0 KENAI, AIASKA 9911 -' TEIE/NONE 283 • 7531 MEMORANDUM TD: William J. Brighton, City Manager FROM: eff Labahn, Land Manager SUBJECT: Assumption of Zoning Powers DATE: December 19, 1983 Mayor Wagoner raised the issue of assumption of zoning powers when he addressed the Kenai Advisory Planning ~ Zoning Commission last month. Realizing that this topic has been discussed before and will probably resurface in the future I would like to convey several thoughts on the subject. • 1) Cost The actual cost to administer the zoning power will be directly related to the level of commitment made by an individual municipality. For example: the City of Homer hired a planner analyst who devotes half of her time to zoning administration. Actual administrative costs are offset by application and processing fees. To date the City of Homer is the only municipality in the Borough to assume the zoning powers. 2) Impacts a. The City Council instead of the Borough Assembly • would be responsible for authorizing amendments to the City of Kenai Zoning Ordinance and map. The processing time for a rezoning application would be 1 .~ r ~-. reduced from the present 2 1/2 to 3 months to approxi- mately half this time period. b. Exercise of "Local Control" would be greater if the City assumed the zoning power. c. The City of Kenai, instead of the Kenai Peninsula Borough would be responsible for processing all rezoning requests, i.e., receipt of application fee, legal advertisement, certified mailings, etc. d. Additional administrative effort would be required from the planning ~ zoning commission secretary, city attorney, and land manager There are other existing concerns which will also need to be addressed, for example, delegation of the zoning powers to the city would result in a separation of planning and zoning administration. The Alaska statutes still provide for the retractment of the delegation of zoning power to a city if it is ordained by the Borough Assembly. I would strongly recommend that the City of Kenai examine all these issue prior to making a determination of whether or not to assume the zoning power. I am prepared to discuss pros and cons of this issue in detail if there is further interest in this matter. JBL: jl 2