HomeMy WebLinkAbout2022-02-23 Planning & Zoning Packet - Work Session"���`" ✓ Kenai Planning & Zoning Commission —
Work Session
February 23, 2022 - 5:30 PM
Kenai City Council Chambers
KENAI210 Fidalgo Avenue, Kenai, Alaska
**Tele onic/Virtual Information on Page 2**
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A Work Session will be held at 5:30 PM, prior to the Regular Meeting to
conduct Plannina & Zonina Commission traininq.
Agenda
nda
A. CALL TO ORDER
B. INTRODUCTION
1. Commission Training Presentation by City Clerk Saner, City Attorney Bloom and Planning
Director Foster.
a. Commissioner Responsibilities............................................................................ 1 - 11
b. Effective Meetings............................................................................................. 12 - 13
c. Basic Parliamentary................................................................................................. 14
d. Open Meetings Act........................................................................................... 15 - 22
e. Conflict of Interest............................................................................................ 23 - 25
f. Quasi -Judicial Role
C. COMMISSION DISCUSSION AND QUESTION
D. PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30)
minutes aggregated)
E. 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.
Join Zoom Meeting
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Meeting ID: 891 5278 4821 Passcode: 547920
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Meeting ID: 891 5278 4821 Passcode: 547920
Kenai Planning & Zoning Commission — Page 1 of 1
Regular Meeting
February 23, 2022
Welcome!
On behalf of the City of Kenai, thank you for your active participation in the governing
process of our community. Individuals who volunteer for boards and commissions are a
large portion of the support system for our local City government.
City boards and commissions serve a critical role in the development of public policy
and implementation by advising the City Council. Their decisions are critical in modeling
our community by acting as the voice of our citizens. As a member of a city board or
commission, your role is to help shape the future of the City of Kenai. You will be studying
a variety of issues that are vital to the City's future, and then making decisions on those
issues.
It takes a substantial commitment of time and hard work to be a good board or
commission member. The decision you make can have a direct impact on the quality
and level of services the City offers, so it is important to keep in mind the needs of all
citizens during the decision -making process. As a board or commission member, you
are asked to consider the perspectives of all the citizens who have a stake in any
particular issue; your role is to support the democratic process by considering the
broadest set of perspectives on issues.
While serving on a board or commission, you are now a City official and are bound by
ethical standards, State laws and City policies. You will work closely with City staff,
policymakers, citizens, other government representatives and at times members from
other organizations.
It is important to understand that your personal behavior, both inside and outside public
meetings, will be observed and open to criticism by others. Ethics, good judgment, and
dignity are the foundation of public service and the credo of City officials.
POLICY NO. 2016-01 (Amended):, Procedures for Commissions, Committees and
Council on Aging
Purpose
The purpose of this policy is to establish procedures, other than those provided in KMC 1.90, for
Commissions, Committees and Council on Aging.
Scope
This policy applies to all advisory bodies appointed by the City Council. The Planning and Zoning
Commission is also regulated by KMC 14.05.
Policy
1. Appointment and Reappointments
a. An application for consideration of appointment or reappointment to a Commission,
Committee or Council on Aging must be submitted to the City Clerk.
b. The Mayor nominates an applicant for appointment or reappointment and by
motion, the City Council confirms.
2. Establishing Subcommittees
a. A subcommittee of a commission or committee may be established for a specific
function upon approval of Council.
I Meeting Schedules
a. Commission, Committee and Council on Aging meeting schedule is as follows:
Commission/
Meeting Schedule
Scheduled Meeting Days
Committee/Council on Aging
Airport Commission
Monthly
Second Thursday of the month
Beautification Committee
Meetings held January,
Second Tuesday of the month
April, May, September and
October
Council on Aging
Monthly
Second Thursday of the month
Harbor Commission
Meetings held February,
First Monday after first council
March, April, May, June,
meeting of the month
August, September, and
November
Library Commission
N/A
N/A
(Suspended as of 2015,
Ordinance No. 2815-2015)
Parks & Recreation
Monthly, except for July
First Thursday of the month
Commission
Planning & Zoning Commission
Twice monthly
Second & fourth Wednesdays
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Kenai City Council
Policy No. 2016-01 (Amended)
b. All regular meetings will be held in the Kenai City Hall Council Chambers with the
exception of the Council on Aging who shall meet at the Senior Center, unless
offsite arrangements are approved by the Clerk. Exceptions for subcommittee
meetings may be made with the advance notice of the City Clerk.
C. Regularly scheduled meetings shall begin at 7:00 p.m. unless otherwise approved
by Council via motion, with the exception of the Council on Aging, which begins at
4:30 p.m.
d. Commissions, Committees and Council on Aging may, with the City Clerk's
approval and notification to Council and the City Manager, hold special meetings
(for a specific purpose) on an as -needed basis.
e. Commissions, Committees and Council on Aging meetings may be cancelled by
the City Clerk, with notification to Council and the City Manager, if cancellation is
warranted, i.e. lack of agenda items, pre -knowledge of lack of a quorum, etc.
Any additional commissions or committees established will be set and incorporated
into the meeting schedule by the City Council.
4. Minutes & Meeting Recordings
a. With exception of the Planning & Zoning Commission, taking notes and
electronically recording meetings shall be the responsibility of department liaison
to the specific meeting body. The Clerk's Office shall take notes and record the
meeting for the Planning and Zoning Commission.
b. Summary minutes will be produced by the Clerk's Office from the department
liaisons notes and provided to the City Council as official records of the meetings.
C. Regularly scheduled meetings shall be electronically recorded and with the
exception of Planning & Zoning Commission, shall be kept for two years.
d. Planning & Zoning Commission meeting recordings shall be kept for 6 years.
5. Work Sessions
a. Work sessions may not be held without the approval of the City Clerk unless they
occur on the night of and at the time of a regularly scheduled advertised meeting.
Notification of scheduled work session shall be provided to City Council and the
City Manager. Work session may be requested by Council, the liaison or Chair of
the body.
b. During work sessions, only items on the work session agenda may be discussed
and no formal actions may be taken.
C. At a minimum, work sessions shall be posted on the Official City Bulletin Board in
Kenai City Hall and on the city website at least five days prior to the meeting.
Page 2 of 4
2 of 49
Kenai City Council
Policy No. 2016-01 (Amended)
6. Basic Meeting Information
a. All meetings shall be open to the public.
b. At a minimum, meeting notices shall be posted on the Official City Bulletin Board
in Kenai City Hall and on the city website at least five days prior to the meeting.
C. Meeting agenda's shall be established by the Chair and the department liaison.
Items requiring Committee, Commission or Council on Aging action under
applicable municipal code prior to final action by the Council, as distinguished from
advisory recommendations, will be referred to the respective body prior to any final
Council action. The City Council, by motion, may refer any other item to be placed
on an agenda seeking a recommendation from the respective Committee,
Commission, or Council on Aging.
d. The department liaison shall submit items for the agenda and supporting
documentation to the Clerk's Office one week prior to a meeting, no later than 2:00
p.m. The Clerk's Office will compile meeting material and distribute. The Planning
& Zoning Commission is exempt from this requirement as the Planning Department
advertises, compiles meeting material and distributes for its commission.
e. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters
of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable
and govern all meetings, except as specified in KMC 1.15.060 (Motions), KMC
1.15.100 (Speaking), and KMC 1.15.110 (Voting).
Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is
more than one-half of the board/commission (quorum of the whole).
g. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of
votes is required to pass a motion.
h. Speaking: In a meeting, members should be recognized by the Chair before
speaking.
When is it a Meeting: If any public business is discussed collectively by four or a
majority of members of one body.
7. Council Participation
a. Any Council Member may attend a meeting or work session of any Commission,
Committee or the Council on Aging. Only the Council Liaison to the respective,
Commission, Committee or Council on Aging may speak on behalf of the Council.
Participation by Council Members at Commission, Committee or Council on Aging
meetings should be limited to introduction of legislation by one Council Legislative
Sponsor. Participation by any other Council Members, written or oral, is discouraged.
b. Exception: Council Members may fully participate in any joint work session or other
meeting with a Commission, Committee, or the Council on Aging when it has been
noticed that the City Council will be in attendance, or there has been a specific
delegation of authority by the Council for a member(s) to represent the Council.
Page 3 of 4
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Kenai City Council
Policy No. 2016-01 (Amended)
Effective Date:
ATTEST:
Jamie Heinz, CIVIC, City Clerk
Page 4 of 4
Approved by Resolution No
Amended by Resolution No
Amended by Resolution No
Amended by Resolution No
2016-03
2017-24
2018-21
2019-03
BRIAN GABRIEL SR., MAYOR
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Ch. 1.90 Standard Procedures for Boards, Commissions and Committees I Kenai Municipal Code Pagel of 3
Chapter 1.90
STANDARD PROCEDURES FOR BOARDS, COMMISSIONS
AND COMMITTEES
Sections:
1.90.010
Creation.
1.90.020
Duties.
1.90.030
Qualifications.
1.90.040
Terms.
1.90.050
Proceedings.
1.90.060
Specific requirements of boards, commissions and committees.
1.90.010 Creation.
All boards, commissions and committees created by the Council of the City of Kenai, shall
consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City
Council from applications submitted to the City Clerk. A chair and vice -chair shall be selected
annually and shall be elected from and by the appointed members. At the organizational
meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with
Council, shall nominate Council Members as a council liaison to any board, commission or
committee. After confirmation by Council, the council liaison may attend all meetings of the
board, commission or committee. A council liaison is not a member of, and shall have no voting
power or any other rights of membership on, the board, commission or committee. The Mayor
and other Council Members may attend meetings of boards, commissions or committees when
serving as an alternate for the Council liaison, or in their capacity as elected officials. City
administrative staff shall attend and supply staff support to all meetings of boards,
commissions and committees. (Ords. 2735-2014, 2741-2014)
1.90.020 Duties.
(a) Members of boards, commissions and committees shall be required to establish
policies relating to their respective organization. They shall act in an advisory capacity to
City Council unless otherwise specified in the City Code.
(b) If the board, commission or committee has income stated within the City of Kenai
annual budget, said board, commission or committee shall work with the City Manager to
establish expenses projected for the year for approval by the City Council. (Ord. 2748-2014)
1.90.030 Qualifications.
(a) A member of a board, commission or committee must be a resident of the City of
Kenai, unless the board, commission or committee is specifically exempted by Council from
this requirement. The member cannot be an officer or employee of the City of Kenai. If any
member should move his or her residence from the corporate limits of the City of Kenai (if
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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Ch. 1.90 Standard Procedures for Boards, Commissions and Committees I Kenai Municipal Code Page 2 of 3
applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed
as an officer or employee of the City of Kenai, the service of such member shall terminate
immediately. He or she should be aware that he or she will serve without salary, but will be
reimbursed for all reasonable expenses incurred in connection with this service, only after
approval by Council.
(b) The Beautification Committee, and Harbor, Library, and Parks and Recreation
Commissions may at the discretion of the Council have up to two (2) non-resident
members each.
(c) The Planning and Zoning Commission may have up to one member that is not a
resident of the City if they have a controlling ownership interest in a business physically
located in the City. This provision specifically does not create a designated seat for a
non-resident. (Ords. 1948-2002, 2320-2008, 2829-2015)
1.90.040 Terms.
(a) A member of a board, commission or committee shall serve for a term of three (3)
years, unless the board, commission or committee is specifically exempted by Council from
this requirement. At renewal date, the Mayor, with consent of the Council, can reappoint
the member or recommend a replacement.
(b) The terms of the initial board, commission or committee member shall be staggered so
that three (3) members will be appointed for one (1) year; two (2) members will be
appointed for two (2) years; and two (2) members will be appointed for three (3) years.
Terms shall commence on January 1 st of each year.
1.90.050 Proceedings.
(a) All boards, commissions and committees will have regularly scheduled meetings which
shall be open to the public. Exceptions to the meeting requirements shall be established by
Council. Permanent records or minutes shall be kept of all proceedings and such minutes
shall record the vote of each member upon every question. Every decision or finding shall
immediately be filed in the office of the City Clerk and shall be a public record open to
inspection by any person. All acts of boards, commissions and committees are subject to
the paramount authority of the City Council.
(b) If the commission, committee or board member shall be absent, without the body
excusing the absence for good cause, from more than one-half of all the meetings of his or
her committee, commission or board, regular and special, held within any period of three
(3) consecutive calendar months, he or she shall thereupon cease to hold the seat. A
commission, committee or board member may not have more than three (3) excused
absences during a twelve (12) month calendar year.
(c) In all matters of parliamentary procedure, the most current edition of Robert's Rules of
Order Newly Revised shall be applicable and govern all meetings, unless as specified in
KMC 1.15.060, motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting.
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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Ch. 1.90 Standard Procedures for Boards, Commissions and Committees I Kenai Municipal Code Page 3 of 3
(d) The responsibility of insuring that all members of boards, commissions and
committees receive a copy of the Standard Procedures of Boards, Commissions and
Committees lies with the City Clerk.
(Ords. 1610-94, 2017-2003, 2050-2004, 2140-2006, 2614-2012, 3202-2021)
1.90.060 Specific requirements of boards, commissions and
committees.
Requirements of boards, commissions and committees as set forth in KMC 1.90 are general
requirements and shall be followed to the extent that they do not conflict with specific
requirements found in code sections specifically pertaining to individual boards, commissions
and committees. (Ords. 1223, 1239)
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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Ch. 14.05 Planning and Zoning Commission I Kenai Municipal Code Pagel of 4
Chapter 14.05
PLANNING AND ZONING COMMISSION
Sections:
14.05.010 Duties and powers.
14.05.015 Appointment to Planning and Zoning Commission.
14.05.020 Fees.
14.05.025 Remote electronic participation at Planning and Zoning Commission
meetings.
14.05.010 Duties and powers.
(a) The Commission shall be required to perform the following duties:
(1) Review and act upon requests for variance permits, conditional use permits,
planned unit residential development permits, and other matters requiring
consideration under the Kenai Zoning Code.
(2) Interpret the provisions of the Kenai Zoning Code and make determinations when
requested by the Administrative Official.
(3) Review the City of Kenai Comprehensive Plan on an annual basis and conduct a
minimum of one (1) public hearing. Said recommendations shall be forwarded to the
Council for consideration.
(4) Promote public interest and understanding of comprehensive planning, platting,
zoning, land management, and other issues relating to community planning and
development.
(5) Proposed plans for the rehabilitation or redevelopment of any area or district
within the City.
(6) Perform historic preservation reviews and duties as set forth in KMC 14.20.105.
(b) The Commission shall act in an advisory capacity to the Kenai City Council regarding
the following matters:
(1) Kenai Zoning Code and Official City of Kenai Zoning Map amendments.
(2) City and airport land lease or sale petitions.
(3) Capital Improvements Programming. The Commission shall submit annually to the
Council a list of recommended capital improvements which, in the opinion of the
Commission, are necessary and desirable to be constructed during the forthcoming
three (3) year period. Such list shall be arranged in order of preference, with
recommendations as to which projects shall be constructed in which year.
(c) The Commission shall act in an advisory capacity to the Kenai Peninsula Borough
Planning Commission regarding the following matters:
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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Ch. 14.05 Planning and Zoning Commission I Kenai Municipal Code Page 2 of 4
(1) Subdivision plat proposals.
(2) Right-of-way and easement vacation petitions.
(3) City of Kenai Comprehensive Plan amendments.
(d) Members of the Planning and Zoning Commission shall be compensated at the rate of
one hundred dollars ($100.00) per month. (KC 14-3; Ords. 155, 403, 1018, 1161, 1179, 1892-2000,
2312-2008)
14.05.015 Appointment to Planning and Zoning Commission.
(a) Public Notice —Application.
(1) Whenever a term of a Commission member is to expire, and whenever a vacancy
on the Commission occurs, the City Clerk shall notify the Council and advertise the
notice of vacancy and request for applications, along with the deadline for filing an
application. The application deadline shall be the same deadline as the Council
observes for timely submissions to the City Clerk for inclusion of materials in the City
Council meeting packet (as set by the policies and procedures of the Council) for the
meeting at which the nomination for appointment is on the Council agenda.
(2) The Clerk shall advertise the notice at least two (2) times a week for one (1) week
by publication in a newspaper of general circulation, by posting on the City's website,
and by posting in at least three (3) other public places in the City, one (1) of which shall
be the official bulletin board of the City at City Hall. The last date of newspaper
publication shall be no later than seven (7) days before nomination for appointment by
the Mayor at a Council meeting.
(3) An applicant shall file with the City Clerk a completed application for appointment
to the Commission on a form provided by the Clerk. All applications filed by the
advertised deadline, including those previously on file, shall be placed in the Council
packet for the meeting where the nomination is made.
(b) Nomination Procedure. Consideration shall be given to the qualifications and merits of
each applicant. The Mayor shall make nominations only from the list of persons who timely
submitted an application as provided in subsection (al(3). The Council may re -open the
application period.
(c) Confirmation by Council. The Kenai City Council shall review the Mayor's nomination no
later than the next regular Council meeting following the meeting in which the Mayor made
the nomination, at which time the Council shall consider whether to confirm the
nomination.
(d) Term of Office. Members of the Planning and Zoning Commission shall be appointed for
a term of three (3) years. Terms shall end on December 31st of the third year. In the event
a seat has six (6) months or less remaining to the unexpired term, the Mayor may choose
to nominate an applicant for appointment to the remainder of the current term as well as
to the full term immediately following the expiration date of the unexpired term, and the
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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Ch. 14.05 Planning and Zoning Commission I Kenai Municipal Code Page 3 of 4
Council may confirm the appointment of the applicant to the remainder of the current
term as well as to the full term. (Ord. 2587-2011)
14.05.020 Fees.
In order to defray the expenses connected with the consideration of applications for
amendment to the Kenai Zoning Code or Official Map and with the consideration of
applications for permits, the person presenting the application shall pay to the City a fee in an
amount as set forth in the City's schedule of fees adopted by the City Council. Whether an
application is granted or denied by the Commission, the petitioner or applicant shall not be
entitled to the return of the fee paid. (KC 14-11; Ords. 403, 954, 1161, 1179, 2528-2011, 2565-2011)
14.05.025 Remote electronic participation at Planning and Zoning
Commission meetings.
(a) Except as otherwise provided in subsection (e) of this section, if at least a quorum is
physically present at a Commission meeting, other Commissioners may participate via
electronic means in the Commission meeting, if the Commissioner declares that
circumstances prevent physical attendance at the meeting. If the Chair chooses to
participate via electronic means, the Vice -Chair shall preside.
(b) No more than the first two (2) Commissioners to contact the Clerk's office regarding
remote electronic participation in a particular meeting may participate via remote
electronic means at any one (1) meeting.
(c) The Commissioner shall notify the Clerk's office in writing as soon as reasonably
practical, but not less than six (6) hours prior to the start of the Commission meeting that
the member proposes to attend by remote electronic means. Such notification shall state
whether such remote electronic participation is pursuant to subsection (n) or (o) of this
section, and, if needed, shall provide the physical address of the location, the telephone
number, and any available facsimile, email, or other document transmission service. Failure
to provide the notification within the period of time provided herein shall result in the
member's exclusion from attendance of a Commission meeting through remote electronic
participation. The Clerk or designee shall notify all Commission members of the request.
(d) At the meeting, the Clerk or designee shall establish the appropriate connection when
the call to order is imminent.
(e) A Commissioner participating by remote electronic means shall be counted as present
for purposes of discussion and voting except for matters and agenda items appealable to
the Board of Adjustment.
(f) The Commissioner participating by remote electronic means shall make every effort to
participate in the entire meeting. From time to time during the meeting, the presiding
officer shall confirm the connection, if necessary.
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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Ch. 14.05 Planning and Zoning Commission I Kenai Municipal Code Page 4 of 4
(g) The Commissioner participating by remote electronic means may ask to be recognized
by the presiding officer to the same extent as any other member except for matters and
agenda items appealable to the Board of Adjustment.
(h) To the extent reasonably practicable, the Clerk or designee shall provide backup
materials to Commissioners participating by remote electronic means.
(i) If the remote electronic connection cannot be made or is made and then lost, the
meeting shall commence or continue as scheduled and the Clerk or designee shall attempt
to establish or restore the connection.
0) Meeting times shall be expressed in Alaska Time regardless of the time at the location
of any Commissioner participating by remote electronic means.
(k) Participation by remote electronic means shall be allowed for regular, special and work
session meetings of the Commission.
(1) Remarks by Commissioners participating by remote electronic means shall be
transmitted so as to be audible by all members and the public in attendance at the
meeting, provided that in executive session the remarks shall be audible only to those
included in the executive session.
(m) As used in these rules, "electronic means" means any system for synchronous two (2)
or more way voice and/or virtual communication. "Chair" includes the Vice -Chair or any
other Commissioner serving as chair pro tempore.
(n) Each Commissioner may attend a maximum of two (2) meetings by remote electronic
means during the twelve (12) month calendar year.
(o) A Commissioner may attend an additional two (2) meetings by remote electronic
means during the twelve (12) month calendar year if the member declares that he or she is
physically unable to attend the meeting due to the need for extended medical care and
treatment of the member or member's immediate family.
(p) In this section, "immediate family' means the spouse of the person, another person
cohabitating with the person in a conjugal relationship that is not a legal marriage, a child
(including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or
uncle of the person, or a parent or sibling of the person's spouse. (Ords. 2734-2014, 3254-2021)
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15,
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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Grosimd Rides for Gifective Meets"M19.9
v Show up on th-arse and cor ne prepared
Be prompt in arriving to the meeting and in returning from breaks.
Be prepared to contribute to achieving the meeting goals.
Come to the meeting with a positive attitude.
. Stay mentally and physicallyresent
Be present, and don't attend to non -meeting business.
Listen attentively to others and don't interrupt or have side conversations.
Treat all meeting participants with the same respect you would want from them.
. Contribute to meeting goals
Participate 100% by sharing ideas, asking questions, and contributing to discussions.
Share your unique perspectives and experience, and speak honestly.
If you state a problem or disagree with a proposal, try to offer a solution.
. Let everyone participate
Share time so that all can participate.
Be patient when listening to others speak and do not interrupt them.
Respect each other's' thinking and value everyone's contributions.
5. p,,,,psten with an open mind
Value the learning from different inputs, and listen to get smarter.
Stay open to new ways of doing things, and listen for the future to emerge.
You can respect another person's point of view without agreeing with them.
. "niink before speaking
in
Seek first to understand, then to be understood.
Avoid using idioms, three letter acronyms, and phrases that can be misunderstood.
It's OK to disagree, respectfully and openly, and without being disagreeable.
. Stay on point and can tuirne
Respect the groups' time and keep comments brief and to the point.
When a topic has been discussed fully, do not bring it back up.
Do not waste everyone's time by repeating what others have said.
8. Attack the problern, riot the person
Respectfully challenge the idea, not the person.
Blame or judgment will get you further from a solution, not closer.
Honest and constructive discussions are necessary to get the best results.
9. pose decisions and foHow u
Make sure decisions are supported by the group, otherwise they won't be acted on.
Note pending issues and schedule follow up meetings as needed.
Identify actions based on decisions made, and follow up actions assigned to you.
'10. Record r utc mes and share
Record issues discussed, decisions made, and tasks assigned.
Share meeting reports with meeting participants.
Share meeting outcomes with other stakeholders that should be kept in the loop.
Audio Visual Participation
Log in on time, if using new software or device make sure they work before the meeting.
Please consider leaving your video on, you can see the other members, they should see you.
Consider your surroundings, what part of your personal life will you be presenting.
If you would not do it when attending in person, then you shouldn't do it while video/teleconferencing.
Finally, Camera angle matters!
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Parliamentary Procedure
Basic Parliamentary
1. Quorum: A quorum must be present to conduct any
business.
7 Members (4 of 7)
2. Obtain the Floor Before Speaking:
a. Wait until the previous speaker has finished
b. Address the chair
c. Wait until the chair has given you the floor
d. Make statement
3. Making a Motion:
a. Motions begin with "I move"
b. Motions should be specific, unique and concise;
and always in the affirmative.
c. "What he/she said" is not a proper motion.
d. Wait until the motion has been seconded and
placed before the body before speaking to it.
Misunderstood Motions
1. Question: (to stop debate)
a. Properly stated "I move the previous question"
b. not debatable and requires a two -third vote.
c. This motion is out of order when another person
is speaking.
2
4. Seconding a Motion:
a. A second is required and must be made prior to
debate.
b. If no second is received the motion dies and no 3
further discussion of the item should occur.
S. Debating a Motion:
a. Is only in order after a second and the debate is
opened by the chair.
b. The maker of the motion is allowed to speak first.
6. Amending a Motion:
a. No such thing as a friendly amendment, only an
amendment.
b. Requires a second, must be resolved before
returning to the main motion.
c. Purpose: to change or affect how the main
motion is handled.
d. Is voted on before the main motion.
Table:
a. Must be seconded, is not debatable and requires
a majority, it cannot be reconsidered.
b. The purpose of this motion is to temporarily lay
something to the side so that a more pressing
matter/issue may be taken up.
c. May not be used to kill or delay a motion, if used
with improper intent, the Chair may clarify the
motion based on the makers intent.
d. To bring it back "I move that we take from the
table motion...".
e. Tabled items remain tabled until they are taken
off or until the next regular session/meeting.
Postpone: (to a certain time)
a. Requires a second, is debatable, is amendable and
needs a majority vote.
b. Postponement is limited to the current
session/meeting and up until the close of the next
regular session/meeting.
4. Postpone Indefinitely:
a. Requires a second, is debatable, is not amendable
and needs a majority vote.
b. This allows the body to reject an ill-advised
motion without risking embarrassment of passing
or failing it.
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THE STATE OF ALASKA
MIKE DUNLEAVY
GOVERNOR
Open Meetings Act
Boards and Commissions
Office of the Governor
550 W 7r' Ave. Suite 1700
Anchorage, Alaska 99501
907-269-0006
The State of Alaska's Open Meetings Act (AS 44.62.310-.312) requires that all meetings of a public entity's governing
body be open to the public and that the body provide reasonable notice of its meetings. The Open Meetings Act (OMA)
is intended to ensure that decisions made and actions taken are public knowledge and represent the will of the public
that the governing body serves. In essence, the OMA protects the public's right to know.
To be able to protect the public's right to know, the OMA requires that:
• all deliberations and action taken by a public entity must be done in public view, with limited exceptions;
• the public must be provided prior knowledge of all steps occurring in the decision -making process, with limited
exceptions; and that
• individual actions of an official are made known.
In order for these requirements to have full effect, meetings must occur as provided in the notice; and, with few
exceptions, the public must be allowed to involve itself in the meeting. The public must also have access to materials
being considered during the meeting.
In addition to laying out specific steps required for meetings and allowable exceptions, the statutes addressing open
meetings speak about the state's policy regarding what authority the public has delegated to governing bodies.
Following is a synopsis.
According to the 'State Policy Regarding Meetings' (AS 44.62.312):
• The government exists to aid in conducting the people's business.
• Government units should act and deliberate openly.
• The people do not yield sovereignty to government agencies that serve them.
• Public servants have not been given the right to decide what is good or not good for the people to know.
• People should remain informed so they may retain control over the government they created.
• The use of teleconferences is for the convenience of the parties, public, and government.
• The Open Meetings Act should be narrowly construed to effectuate these policies and avoid unnecessary
exemptions.
What is the Open Meetings Act?
The State of Alaska's Open Meetings Act (AS 44.62.310-.312), is a law that addresses the meetings of public entities; it
protects the public's right to know and their opportunity to be heard. Among other things, the Act:
• defines public meetings and public entities;
• lays out specific requirements for public notice;
• requires that all meetings of a governmental body of a public entity are open to the public;
lays out provisions for attendance at meetings and voting methods;
• lays out provisions for distribution of meeting materials; and
• lists the few exceptions to the Act, as well as matters that may be discussed in executive session.
In order to assure that the public information/participation provisions of the Act are met, the Act requires that the public
entity must provide "reasonable" notice that meets the requirements of the Act. To meet these notice requirements, the
notice must:
• be provided within a reasonable amount of time prior to the meeting;
• include the date, time, and place of the meeting;
• be posted at the principal office of the public entity, in addition to any other methods and locations stated in
local ordinance; and
• be done in the same way each time (consistent).
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What is the definition of a meeting that would fall under the provisions of the Open Meetings Act?
AS 44.62.310(h) provides detailed definitions of "governmental body," "meeting," and "public entity" that, when
combined, define what constitutes a public meeting. The Act makes a distinction between what constitutes a meeting of
a policy/decision-making body and what constitutes a meeting of an advisory -only body.
A meeting of a decision- or policy -making body occurs when more than three members, or a majority of the members,
whichever is less, engage collectively in discussion of a subject that the body is authorized to act and set policy on and
is therefore subject to the Open Meetings Act. Under this definition, it doesn't matter where the meeting occurs, if it was
prearranged, or who arranged it and could include unplanned casual or social contact.
A meeting of an advisory -only body is a prearranged gathering to consider a matter on which the entity is authorized to
advise and assist the decision -making body and is subject to the provisions of the Act. The Act doesn't specify a
number, so two or more members, if the gathering is prearranged for the purpose of conducting any business of the
entity, could constitute a meeting.
What types of meetings might be conducted that would require notice under the Open Meetings Act?
Following are the most common types of meetings that would be subject to the Open Meetings Act:
Regular Meetings: State law requires that the governing body conduct its business at regularly scheduled meetings that
are open to the public. Regular meetings must be held at least once a month and may be held more often, as required or
established in local ordinance. The local code of ordinances should provide the date, time, and place of regular meetings
so that everyone knows when regular meetings will take place. The public shouldn't have to wonder about the meeting
time, date, and place always changing. If at times it is necessary to reschedule the regular meeting, notice must be
posted informing the public that the regular meeting has been rescheduled and when it will be held.
Special Meetings: Special meetings have the same requirements as regular meetings, except that they are called for a
different time than that fixed for regular meetings. For example, local ordinance may require that the governing body
hold its regular meeting on the third Tuesday of each month at 7:00 PM at the municipal offices. If the governing body
must meet earlier, it can call a special meeting for a different date. The special meeting does not take place instead of
the regular meeting, it is in addition to the regular meeting. Special meetings should be held rarely and only to address
time sensitive issues. A special meeting may be held with less than 24-hour's notice if all members are present or if
absent members have waived in writing the required notice. Waiver of notice can be made before or after the special
meeting is held.
Emergeney Meetings: Emergency meetings are held to address situations that are so urgent that the governing body
must meet right away. An emergency meeting may be held if a majority of the members are given at least 24 hours oral
or written notice and reasonable efforts are made to notify all members.
Committee Meetings: Permanent ("standing") committees and temporary ("ad hoc") committees of the governing body
may be formed to study particular issues in more detail. Standing committees may include the finance committee, public
works committee, and/or a facilities committee. Ad hoc committees are formed to address a specific situation and are
disbanded once the situation has been dealt with. Committees may be composed of all members of the governing body
(referred to as a committee of the whole), or of fewer members, usually three. A committee cannot take action on behalf
of the full governing body but instead makes a recommendation to the governing body for the governing body's action.
Usually the committee of the whole meets to discuss items that are not ready for action but need further discussion in an
informal setting. For example, the annual budget usually requires a work session before it is formally adopted.
Board of Equalization: The governing body, or its appointees, sits as the Board of Equalization in municipalities that
levy a property tax. AS 29.45.200(a) states, "the governing body sits as a board of equalization for the purpose of
hearing an appeal from a determination of the assessor." A property owner who believes the assessor has made a
mistake in the yearly valuation of their property may appeal the assessor's decision to the board of adjustment, which
meets once a year.
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How much notice is required to meet the "reasonable" public notice provision of the Open Meetings Act?
How much notice is required depends on the complexity of the issue and the potential effect it will have. Proper public
notice must be provided in advance of the proposed action and local ordinances should state the minimum number of
days that notice is required. This number should be adjusted up if the situation warrants additional notice. Special and
emergency meetings require only 24-hour notice or less. If less notice is given, absent members must waive the notice
requirement. Notice requirements for work sessions and committee meetings should follow the same guidelines as those
established in local ordinance for regular meetings.
There are minimum mandatory notice requirements for certain actions, such as notice of a public hearing on a proposed
ordinance, or election notice. There is, however, no specific number of days spelled out in statute that defines
"reasonable." The general tone of case law on the subject has essentially found that reasonable notice provides enough
notice that a concerned party will have notice of a proposed action within enough time to be involved in the
deliberations. This could vary anywhere from three months to three days. The notice also has to provide enough
information to let the public know what subjects will be covered in the meeting. If a complete agenda isn't available at
the time of posting, a summary will work until the complete agenda is available.
Local ordinances should contain all of the requirements for public notice of meetings including what to include in the
notice, where the notices are posted, and how soon before the meeting the notices are posted.
Where and how does notice have to occur?
State law, AS 44.62.310(e), requires that reasonable notice include the date, time, and place of the meeting; and, if by
teleconference, the location of any teleconferencing facilities. It also provides that notice may be given in print or
broadcast media; that it be posted at the principal office of the public entity or, if no principle office, at a location
designated by the governing body; and that it be done in the same way each time "consistent."
In addition to the locations required in statute, notice should be posted at well -used locations in the community like the
post office, the store, government offices, and the community bulletin board. It may also be published in a newspaper of
general circulation in the community or broadcast over a local radio station in addition to any other means and locations
stated in local ordinance.
Are there exceptions to the Open Meetings Act and what subjects may be discussed in executive session?
Exceptions to the OMA are discussed in the Executive Session section of LOGON.
Is secret ballot voting allowed under the act?
Almost always, no. In addition to requiring that deliberations of a governing body be open to the public, the act also
requires that the vote shall be conducted in such a manner that the public may know the vote of each person entitled to
vote, including meetings conducted by teleconference. The one exception is organizational meetings of a governing
body to elect members to various offices, which are exempted from the requirement that the vote of each member be
made public (AS 44.62. 310(a)).
Is telephone polling considered a violation of the Open Meetings Act?
Whether a phone poll by a member or agent of the governing body would be considered a violation of the act, depends
on the subject matter. If the matter involves an administrative or procedural issue that would not warrant public
discussion, a phone poll may be conducted. If, however, the phone poll touches on an issue that should be discussed in
an open meeting or can have the effect of swaying opinion on a public issue, it could be considered a violation of the
act.
Who enforces the Open Meetings Act?
It is the responsibility of the administration and governing body to assure that the provisions of the Open Meetings Act
are enforced. Any individual may contest an action administratively through local channels that they think was done in
violation of the Open Meetings Act and ultimately may, within 180 days, file a court action if the issue isn't remedied
locally AS 44.62.310(f).
There are several court cases that have ruled in favor of the Open Meetings Act. When deciding these cases, the court
doesn't just consider whether a violation has occurred, but also considers whether the action has interfered with the
public process that the act was intended to protect.
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What is the cure for a violation of the Open Meetings Act?
Actions taken at meetings that are found to be in violation of the Open Meetings Act may be voided. Failing to provide
proper notice can cost a great deal of money to defend in addition to the wasted time and effort involved. The governing
body can attempt an informal cure by holding another meeting in compliance with the Open Meetings Act and
conducting a substantial and public reconsideration of the matters.
If a lawsuit is filed, the court may void any action taken by the governing body if the court finds that, considering all of
the circumstances, the public interest in compliance with the law outweighs the harm that would be caused by voiding
the action AS 44.62.310(f)).
In deciding whether to void an action, the court must consider:
(1) the expense that may be incurred if the action is voided;
(2) the disruption that may be caused if the action is voided;
(3) the possibility of additional litigation if the action is voided;
(4) the extent to which the subject has previously been considered in compliance with the act;
(5) the amount of time that has passed since the action was taken;
(6) the degree to which the action has come to be relied on;
(7) whether and to what extent the governmental body has, before or after the lawsuit was filed, engaged in or attempted
to engage in public reconsideration of the matter;
(8) the degree to which the violations were willful, flagrant, or obvious;
(9) the degree to which the governing body failed to adhere to the policy under AS 44.62.312 (a).
This does not apply to an advisory only body that that has no authority to establish policies and make decisions for the
public entity (AS 44.62.310(g)).
What effect does attorney client privilege have in dealings between a public entity and its attorney?
Executive session procedure requires that the reason for calling the executive session is clearly stated. The attorney -
client privilege exemption to the Open Meetings Act is limited to matters where public interest may be injured. This
might include how to avoid legal liability, litigation strategies and candid discussion of facts, a proposed settlement
conference, and a conference on a decision to appeal.
In addition to the rights protected under the Open Meetings Act, what rights can the public expect under state
law?
In addition to the rights protected under the Open Meetings Act, Title 29 reiterates the requirement that all meetings be
open to the public and provides that the public will have the right to be heard at regular and special meetings AS
29.20.020.
AS 29.20.160 lays out the procedures that a governing body must follow in conducting its meetings. These
procedures include:
• Provision for identification of the presiding and deputy -presiding officers;
• The requirement that the governing body hold at least one regular monthly meeting, unless otherwise
provided by ordinance;
• The requirement that the governing body shall provide at least 24-hour notice for special meetings or
absent members must waive the notice requirement;
• Clarification on how actions of the governing body are adopted and what constitutes a quorum;
• The requirement that all members present shall vote on every question, unless required to abstain; and
The requirement that a governing body maintain a journal of its proceedings that is available to the public.
• AS 29.20.380 assigns certain meeting duties and responsibilities to the municipal clerk. These
include:
• Attendance at public meetings;
• Keeping the journal;
• Assuring that notice and other requirements for public meetings are complied with;
• Assuring that public records are available for public inspection;
• Managing and maintaining public records; and
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• Preparing agendas and agenda packets.
Who enforces the local rules under which a municipality conducts its meetings?
Governing bodies must have procedures in place and follow them for their meetings. Some of these procedures are in
Title 29 and other statutes. Others are in the local ordinances, which are usually more specific and detailed than Title 29,
or in rules of procedure adopted by the governing body.
Essentially, the presiding officer enforces the rules by following them when conducting a meeting and, when there is a
question of procedure, the clerk, acting as parliamentary advisor, researches the question and proposes an answer, which
the presiding officer then rules on. Members of the public also enforce the rules by questioning whenever something
occurs that doesn't seem to follow the rules. The last resort for enforcement is a lawsuit.
Additional Resources
Alaska's 0,)en Meetings 1_,aw by Gordon J Tans
Open Meetings .Act AS 44.62.310-.312
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Sec. 44.62.310. Government meetings public.
(a) All meetings of a governmental body of a public entity of the state are open to the public except as otherwise
provided by this section or another provision of law. Attendance and participation at meetings by members of the public
or by members of a governmental body may be by teleconferencing. Agency materials that are to be considered at the
meeting shall be made available at teleconference locations if practicable. Except when voice votes are authorized, the
vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. The vote at
a meeting held by teleconference shall be taken by roll call. This section does not apply to any votes required to be
taken to organize a governmental body described in this subsection.
(b) If permitted subjects are to be discussed at a meeting in executive session, the meeting must first be convened as a
public meeting and the question of holding an executive session to discuss matters that are listed in (c) of this section
shall be determined by a majority vote of the governmental body. The motion to convene in executive session must
clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of
addressing the subject in private. Subjects may not be considered at the executive session except those mentioned in the
motion calling for the executive session unless auxiliary to the main question. Action may not be taken at an executive
session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or
pending labor negotiations.
(c) The following subjects may be considered in an executive session:
(1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public
entity;
(2) subjects that tend to prejudice the reputation and character of any person, provided the person may request a
public discussion;
(3) matters which by law, municipal charter, or ordinance are required to be confidential;
(4) matters involving consideration of government records that by law are not subject to public disclosure.
(d) This section does not apply to
(1) a governmental body performing a judicial or quasi-judicial function when holding a meeting solely to make a
decision in an adjudicatory proceeding;
(2) juries;
(3) parole or pardon boards;
(4) meetings of a hospital medical staff,
(5) meetings of the governmental body or any committee of a hospital when holding a meeting solely to act upon
matters of professional qualifications, privileges, or discipline;
(6) staff meetings or other gatherings of the employees of a public entity, including meetings of an employee group
established by policy of the Board of Regents of the University of Alaska or held while acting in an advisory capacity to
the Board of Regents;
(7) meetings held for the purpose of participating in or attending a gathering of a national, state, or regional
organization of which the public entity, governmental body, or member of the governmental body is a member, but only
if no action is taken and no business of the governmental body is conducted at the meetings; or
(8) meetings of municipal service area boards established under AS 29.35.450 — 29.35.490 when meeting solely to
act on matters that are administrative or managerial in nature.
(e) Reasonable public notice shall be given for all meetings required to be open under this section. The notice must
include the date, time, and place of the meeting and if, the meeting is by teleconference, the location of any
teleconferencing facilities that will be used. Subject to posting notice of a meeting on the Alaska Online Public Notice
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System as required by AS 44.62.175(a), the notice may be given using print or broadcast media. The notice shall be
posted at the principal office of the public entity or, if the public entity has no principal office, at a place designated by
the governmental body. The governmental body shall provide notice in a consistent fashion for all its meetings.
(f) Action taken contrary to this section is voidable. A lawsuit to void an action taken in violation of this section must
be filed in superior court within 180 days after the date of the action. A member of a governmental body may not be
named in an action to enforce this section in the member's personal capacity. A governmental body that violates or is
alleged to have violated this section may cure the violation or alleged violation by holding another meeting in
compliance with notice and other requirements of this section and conducting a substantial and public reconsideration of
the matters considered at the original meeting. If the court finds that an action is void, the governmental body may
discuss and act on the matter at another meeting held in compliance with this section. A court may hold that an action
taken at a meeting held in violation of this section is void only if the court finds that, considering all of the
circumstances, the public interest in compliance with this section outweighs the harm that would be caused to the public
interest and to the public entity by voiding the action. In making this determination, the court shall consider at least the
following:
(1) the expense that may be incurred by the public entity, other governmental bodies, and individuals if the action is
voided;
(2) the disruption that may be caused to the affairs of the public entity, other governmental bodies, and individuals if
the action is voided;
(3) the degree to which the public entity, other governmental bodies, and individuals may be exposed to additional
litigation if the action is voided;
(4) the extent to which the governing body, in meetings held in compliance with this section, has previously
considered the subject;
(5) the amount of time that has passed since the action was taken;
(6) the degree to which the public entity, other governmental bodies, or individuals have come to rely on the action;
(7) whether and to what extent the governmental body has, before or after the lawsuit was filed to void the action,
engaged in or attempted to engage in the public reconsideration of matters originally considered in violation of this
section;
(8) the degree to which violations of this section were wilful, flagrant, or obvious;
(9) the degree to which the governing body failed to adhere to the policy under AS 44.62.312(a).
(g) Subsection (f) of this section does not apply to a governmental body that has only authority to advise or make
recommendations to a public entity and has no authority to establish policies or make decisions for the public entity.
(h) In this section,
(1) "governmental body" means an assembly, council, board, commission, committee, or other similar body of a
public entity with the authority to establish policies or make decisions for the public entity or with the authority to
advise or make recommendations to the public entity; "governmental body" includes the members of a subcommittee or
other subordinate unit of a governmental body if the subordinate unit consists of two or more members;
(2) "meeting" means a gathering of members of a governmental body when
(A) more than three members or a majority of the members, whichever is less, are present, a matter upon which
the governmental body is empowered to act is considered by the members collectively, and the governmental body has
the authority to establish policies or make decisions for a public entity; or
(B) more than three members or a majority of the members, whichever is less, are present, the gathering is
prearranged for the purpose of considering a matter upon which the governmental body is empowered to act, and the
governmental body has only authority to advise or make recommendations for a public entity but has no authority to
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establish policies or make decisions for the public entity;
(3) "public entity" means an entity of the state or of a political subdivision of the state including an agency, a board
or commission, the University of Alaska, a public authority or corporation, a municipality, a school district, and other
governmental units of the state or a political subdivision of the state; it does not include the court system or the
legislative branch of state government.
Sec. 44.62.312. State policy regarding meetings.
(a) It is the policy of the state that
(1) the governmental units mentioned in AS 44.62.310(a) exist to aid in the conduct of the people's business;
(2) it is the intent of the law that actions of those units be taken openly and that their deliberations be conducted
openly;
(3) the people of this state do not yield their sovereignty to the agencies that serve them;
(4) the people, in delegating authority, do not give their public servants the right to decide what is good for the
people to know and what is not good for them to know;
(5) the people's right to remain informed shall be protected so that they may retain control over the instruments they
have created;
(6) the use of teleconferencing under this chapter is for the convenience of the parties, the public, and the
governmental units conducting the meetings.
(b) AS 44.62.310(c) and (d) shall be construed narrowly in order to effectuate the policy stated in (a) of this section and
to avoid exemptions from open meeting requirements and unnecessary executive sessions.
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1.85.060 Conflicts of interest prohibited I Kenai Municipal Code
Pagel of 3
1.85.060 Conflicts of interest prohibited.
(a) A municipal officer, appointed commission member, or employee of the City of Kenai
may not solicit or receive money for advice or assistance given in the course of their official
duties for the City of Kenai.
(b) A municipal officer, appointed commission member, or employee of the City of Kenai
may not represent a client before the City Council for a fee. However, a commission
member may represent a client before a commission or the City Council for a fee if it does
not involve a matter that is/was before the member's commission.
(c) A municipal officer, appointed commission member, or employee of the City of Kenai
may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of
them, with the understanding or agreement, expressed or implied, that he or she will cast a
vote or given an opinion, decision, or judgment in a particular manner, in a matter,
question, cause, or proceeding which then is or may by law come or be brought before him
or her, or with the understanding or agreement that the officer or employee will, in his or
her official capacity, act in a particular manner to produce or prevent a particular result.
(d) No Councilor commission member may vote on any question in which he or she has a
substantial direct or indirect financial interest. Direct or indirect financial interests shall be
disclosed to the presiding officer prior to a vote on the question and the presiding officer
shall determine whether the financial interest exists and whether the prohibition from
voting is applicable. A decision by the presiding officer may be overridden by a unanimous
vote of the members present, exclusive, of the member presenting the possible conflict.
(1) Whether the direct or indirect financial interest is substantial shall be determined
by the presiding officer on a case -by -case basis, with evaluation of these factors:
(i) Whether the financial interest is a substantial part of the consideration;
(ii) Whether the financial interest directly and substantially varies with the
outcome of the official action;
(iii) Whether the financial interest is immediate and known or conjectural and
dependent on factors beyond the official action;
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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1.85.060 Conflicts of interest prohibited I Kenai Municipal Code
Page 2 of 3
(iv) Whether the financial or private interest is significant monetarily;
(v) Other factors deemed appropriate by the presiding officer under the specifics
of the disclosure and the nature of the action taken before the council or
commission.
(e) A municipal officer, commission member or employee of the City of Kenai may not use,
or permit others to use, any property owned by the City for profit or personal use or
benefit, except:
(1) When available to the public generally, or to a class of residents, on the same
terms and conditions;
(2) When permitted by written personnel policies approved by the City of Kenai;
(3) When, in the conduct of official business, used in a relatively minor way for
personal convenience.
(f) A municipal officer, commissioner or employee of the City of Kenai shall not take or
participate in official action on matters, other than minor or routine issues, affecting a
former employer for a period one (1) year from the date of termination of the prior
employment.
(g) A City employee may not participate in an official action in which he or she, or a
member of his or her household, has a substantial financial interest.
(h) A municipal officer, commissioner or employee of the City of Kenai who leaves
municipal service may not for one (1) year after leaving municipal service, represent,
advise, or assist a person for compensation regarding a matter that was under
consideration by the City if the person participated personally and substantially in the
matter through the exercise of official action. This restriction on employment after leaving
municipal service does not prohibit the City from contracting with a former City employee,
commissioner or municipal officer on a matter on behalf of the City. The City Council may
waive application of this restriction by motion upon determination that a proposed action
is not adverse to the public interest.
(i) A municipal officer or employee of the City of Kenai is prohibited from bidding upon or
otherwise obtaining any property which is unneeded or surplused by the City.
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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1.85.060 Conflicts of interest prohibited I Kenai Municipal Code
Page 3 of 3
0) A current or former municipal officer, commissioner or employee may not disclose or
use information gained in the course of, or by reason of, the person's official duties that
could reasonably result in the receipt of any substantial personal or substantial financial
benefit for the person or his or her immediate family member unless the information has
also been disseminated to the public.
(k) A current or former municipal officer, commissioner or employee may not use or
disclose without appropriate authorization, information acquired in the course of official
duties that is confidential.
(1) If any section or provision of this ordinance is held to be contrary to law by a court of
competent jurisdiction, that section or provision shall be deemed invalid. All other sections
and provisions of this chapter shall continue in full force and effect.
(m) The City Clerk shall cause a copy of this section to be distributed to every municipal
officer, commissioner and employee of the City of Kenai within thirty (30) days after its
enactment. Each municipal officer, commissioner and employee elected, appointed or
engaged thereafter shall be furnished a copy before entering into the duties of his or her
office or employment.
(Ords. 359, 2319-2008)
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15,
2021.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should
contact the City Clerk for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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14.20.050 Nonconforming lots, structures, and uses I Kenai Municipal Code Page 1 of 6
14.20.050 Nonconforming lots, structures, and uses.
(a) Explanation. When a lot, structure, or use legally exists prior to the adoption of the
ordinance codified in this section but does not meet the requirements of this chapter, it
shall be permitted to continue within the limits set forth in this section. Under such
circumstances it is said to have "nonconforming' status. There are three (3) types of
nonconforming status:
(1) Nonconforming Lots. The lot, width, or acreage is smaller than the minimum
permitted in the zone in which it is located;
(2) Nonconforming Structures. The structure is designed to accommodate a
nonconforming use or fails to meet yard, coverage, height, or other development
requirements established for the zone in which it is located;
(3) Nonconforming Uses of Land and/or Structures. The use to which land and/or
structures is being put is not a principal, accessory, or conditional use permitted in the
zone in which it is located, and is not otherwise permitted in this chapter.
(b) Intent. There are lots, structures, and uses that exist and were lawful prior to the
adoption of the ordinance codified in this section which would be prohibited under the
terms of this chapter or future amendments. It is the intent of this chapter to permit these
nonconformities to continue until they are removed. Such uses are declared by this chapter
to be incompatible with permitted uses in the zones involved. It is further the intent of this
chapter that nonconformities shall not be enlarged upon, expanded, nor extended, nor be
used as grounds for adding other structures or uses prohibited elsewhere in the same
zone.
(c) Nonconforming Lots of Record. In any zone in which single-family dwellings are
permitted, notwithstanding limitations imposed by other provisions of this chapter, a
single-family dwelling and accessory buildings may be erected on any single lot of record at
the effective date of adoption or amendment of the ordinance codified in this section. Such
lot must be in separate ownership and not of continuous frontage with other lots in the
same ownership. This provision shall apply even though such lot fails to meet the
requirements for area or width, or both, if the lot conforms to the regulation for the zone in
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which such lot is located. Exception to development requirements shall be obtained only
through the variance procedures established in this chapter.
(d) Nonconforming Structures. Where a lawful structure exists at the effective date of
adoption or amendment of the ordinance codified in this section that could not be built
under the terms of this chapter by reason of restrictions on area, lot coverage, height,
yards, or other characteristics of the structure or its location on the lot, such structure may
be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such structure may be enlarged or altered in a way which increases its
nonconformity;
(2) Should such structure be partially or wholly destroyed by any means to an extent
of more than fifty percent (50%) of its replacement cost at time of destruction, it shall
not be reconstructed except in conformity with the provisions of this chapter and the
remaining structure must be removed within twelve (12) months of the date of
destruction;
(3) Should such structure be partially destroyed by any means to an extent of fifty
percent (50%) or less of its replacement cost at the time of destruction, a building
permit may be issued to rebuild, restore, or repair the nonconforming structure within
twelve (12) months of the date of damage. If a permit is not issued within that time
period, the remaining structure must be removed within twelve (12) months of the
date of destruction; provided however, that if reconstruction is delayed through
litigation or other cause beyond the control of the owner, then the time of such delay
shall not be considered when computing the twelve (12) month period for obtaining
the building permit;
(4) Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the zone in which it is located after it is
moved.
(e) Nonconforming Uses of Structures. If a lawful use of a structure, or of structure and
premises in combination, exists at the effective date of adoption or amendment of the
ordinance codified in this section, said use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
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(1) No existing structures devoted to a use not permitted by this chapter in the zone
in which it is located shall be enlarged, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in
the zone in which it is located;
(2) Any nonconforming use may be extended throughout any part of a building which
was arranged or designed for such use at the time of adoption or amendment of the
ordinance codified in this section, but no such use shall be extended to occupy any
land outside such building where such land was not so used at the effective date of
adoption of the ordinance codified in this section;
(3) If no structural alterations are made, any nonconforming use of a structure, or
structure and premises, may be changed to another nonconforming use provided that
the Commission shall find that the proposed use is equally appropriate or more
appropriate to the zone than the existing nonconforming use. In permitting such
change, the Commission may require appropriate conditions and safeguards in accord
with the provisions of this chapter;
(4) Any structure, or structure and land in combination, in or on which a
non -conforming use is superseded by a permitted use, shall thereafter conform to the
regulations for the zone in which such structure is located, and the nonconforming use
may not thereafter be resumed;
(5) When a nonconforming use of a structure, or structure and premises in
combination, is discontinued or abandoned for twelve (12) consecutive months or for
eighteen (18) months during any three (3) year period, the structure, or structure and
premises in combination, shall not thereafter be used except in conformance with the
regulations of the zone in which it is located;
(6) Where nonconforming use status applies to a structure and premises in
combination, removal, or destruction of the structure shall eliminate the
nonconforming status of the land.
(f) Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of
the ordinance codified in this section, lawful use of land exists that is made no longer
permissible under the terms of the ordinance as enacted or amended, such use may be
continued, so long as it remains otherwise lawful, subject to the following provisions:
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(1) No such nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of adoption or
amendment of the ordinance codified in this section;
(2) No such nonconforming use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective date of adoption or
amendment of the ordinance codified in this section;
(3) If any such nonconforming use of land ceases for any reason for a period of more
than three hundred sixty-five (365) days, any subsequent use of such land shall
conform to the regulations specified by this chapter for the district in which such land
is located.
(g) General Provisions.
(1) Signs and Display Devices. A nonconforming use of a structure, nonconforming use
of land, or a nonconforming use of a structure and land, shall not be extended or
enlarged after passage of the ordinance codified in this section by attachment of
additional signs to a building, or the placement of additional signs or display devices on
the land outside of the building, or by the addition of other uses, if such additions are
of a nature which would be prohibited generally in the zone involved except that this
provision shall not be deemed to prohibit the replacement of one (1) sign with another
of like size.
(2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid undue
hardship, nothing in this chapter shall be deemed to require a change in the plans,
construction, or designated use of any building on which actual construction was
lawfully begun prior to the effective date of adoption or amendment of the ordinance
codified in this section and upon which actual building construction has been diligently
carried on. Actual construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner, and demolition,
elimination, and removal of an existing structure in connection with such construction,
provided that actual construction work shall be diligently carried on until the
completion of the building involved.
(3) Repairs and Maintenance. On any nonconforming structure or on any building
devoted in whole or in part to any nonconforming use, work may be done in any
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period of twelve (12) consecutive months on ordinary repairs, or on repair or
replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not
exceeding ten percent (10%) of the current replacement value of the building, provided
that the cubical content of the building as it existed at the time of passage or
amendment of the ordinance codified in this section shall not be increased.
(h) Exception(s) to this Section.
(1) Outside Storage ofJunk. Notwithstanding the provisions of this section, no junked
vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall
be maintained in a location which is visible from a City or State road in any zone.
However, the Commission may grant a conditional use permit under the procedure
specified in this chapter allowing said use to continue for a specified period of time if
an eight -foot (8') high sight -obscuring fence of good appearance has been provided
around said use.
(2) The Planning and Zoning Commission may grant a conditional use permit allowing
a nonconforming use to expand, enlarge, or increase in intensity provided that:
(A) The use may not expand beyond the site, lot, or parcel as defined by the legal
description on the certificate of occupancy for a nonconforming use, or owned or
leased by the nonconforming use as of the date it became nonconforming in the
event there is no certificate of occupancy.
(B) Uses which are nonconforming due to the number of residential units may not
add additional units.
(C) The proposed modification will not result in further infringement of the
provisions of this subsection; modifications shall comply with all regulations (other
than use restrictions) including, but not limited to, lot coverage, yard, height, open
space, density provisions, or parking requirements unless waived by the
Commission through a variance as provided in this chapter.
(D) The nonconforming use must have been a permitted use in the prior zone at
the time it became a nonconforming use.
(Ords. 925, 1155, 1862-2000, 2422-2009, 2507-2010)
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The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15,
2021.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should
contact the City Clerk for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
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14.20.150 Conditional use permits I Kenai Municipal Code
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14.20.150 Conditional use permits.
(a) Intent. It is recognized that there are some uses that may be compatible with
designated principal uses in specific zoning districts provided certain conditions are met.
The conditional use permit procedure is intended to allow flexibility in the consideration of
the impact of the proposed use on surrounding property and the application of controls
and safeguards to assure that the proposed use will be compatible with the surroundings
The Commission may permit this type of use if the conditions and requirements listed in
this chapter are met. The conditional uses are listed in the Land Use Table. Before a
conditional use permit may be granted, the procedures specified in this chapter must be
followed. The grant, denial, modification, or revocation of a conditional use permit is
discretionary.
(b) Pre -Application Meeting. Every conditional use permit applicant must contact the
Planning Director for a pre -application meeting with the Planning Director or designee
before the application is submitted to the Commission in order to ensure applications are
complete and the applicant is familiar with the conditional use permit public hearing
process. If an application is determined to be incomplete by the Planning Director, the
application may be resubmitted to the Planning Director with changes or new information
as many times as necessary, or the applicant may request a review with the City Manager
whose determination shall be final. The review by the Planning Director is to determine
that sufficient information is presented to allow the Commission a meaningful review, and
has no bearing on whether an application should be granted or denied by the Commission.
(c) Applications. Applications for a conditional use permit shall be filed in writing with the
Planning Department. The application shall include, but is not limited to, the following:
(1) Name and address of the applicant and name and address of the property owner
if not the applicant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) The street address and a legal description of the property involved;
(4) A description of the proposed use and how the use satisfies the review criteria;
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(5) Dimensioned plot plans showing the location of all existing and proposed buildings
or alteration, conceptual drawing and such data as may be required; and
(6) The appropriate fee as set forth in the City's schedule of fees adopted by the City
Council.
The application and its plans shall be posted to the City's website at time of publication of
Commission packet.
(d) Public Hearing. If the application is in order, a public hearing shall be scheduled in
accordance with the requirements of KMC 14.20.280, An applicant or representative of the
applicant must be present in person or by remote device for the application to be
considered at the public hearing. If the applicant or representative is not present at the
scheduled public hearing and has not provided reasonable timely notice of unavailability to
the Planning Department or Commission, the application will be dismissed by the
Commission without a public hearing and the applicant may reapply at any time after
paying a new application fee.
(e) Review Criteria. Prior to granting a conditional use permit, it shall be established that
the use satisfies all the following criteria:
(1) The use is consistent with the purpose of this chapter and the purposes and intent
of the zoning district;
(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired;
(3) The proposed use is in harmony with the Comprehensive Plan;
(4) Public services and facilities are adequate to serve the proposed use;
(5) The proposed use will not be harmful to the public safety, health or welfare; and
(6) Any and all specific conditions deemed necessary by the Commission to fulfill the
above -mentioned conditions. These may include, but are not limited to, measures
relative to access, screening, site development, building design, operation of the use
and other similar aspects related to the proposed use.
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The Commission may approve, approve with conditions, dismiss, or deny the application.
The Commission must make specific findings in its decision addressing all six (6) of the
required criteria stated above. Any relevant evidence may be considered by the
Commission in its decision.
(f) Burden of Proof. The applicant for a conditional use permit has the burden to show by
substantial evidence that the six (6) criteria above are satisfied. Substantial evidence is such
relevant evidence a reasonable mind might accept as adequate to support a conclusion.
(g) Staff Report. The Planning Director or designee will provide a staff report on the
application to the Commission at the public hearing. The staff report may contain any
information deemed pertinent by the Planning Director or designee, and may include a
recommendation and proposed findings on whether the requirements of this chapter have
been met and whether any additional specific conditions are recommended. The
Commission may consider the recommendations of the Planning Director or designee, but
shall accord it no deference. The staff report does not relieve the applicant's burden of
proof.
(h) Issuance of the Permit. Following approval by the Commission, the administrative official
shall not issue the permit until the expiration of the fifteen (15) day appeal period
contained in KMC 14.20.290. After approval by the Commission and before the issuance of
the permit, the administrative official must determine that the applicant is current on all
obligations (e.g., sales tax, property tax, lease payments, utility payments) to the City or has
entered into an approved payment plan with the City on any obligations owed and the
applicant is in compliance with the payment plan and (if the permit is for a use required to
collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed
pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board
of Adjustment.
(i) Yearly Reports. The permit holder shall submit a yearly report between October 1 stand
December 31 st to the administrative official. Such report shall include a summary of the
on -site activity.
(j) Revocation for Noncompliance/Compliance Notices. If the Commission determines, based
on the yearly review or any other investigation undertaken by the official, that the conduct
of the operation(s) is not in compliance with: (1) the terms and conditions of the permit; (2)
the provisions of the Kenai Zoning Code; (3) or that the permit holder is not current on any
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obligations (e.g., sales tax, property tax, utility payments, lease payments) to the City unless
the applicant has entered into an approved payment with the City on any obligations owed
and the applicant is in compliance with the payment plan, the Commission may revoke the
permit. The Commission shall not revoke the permit until the permit holder has been
notified and given reasonable opportunity to correct the deficiency(s) or to provide
information relating to or rebutting the alleged deficiency(s). Appeals from decisions under
this section shall be made in accordance with the provisions of KMC 14.20.290. If the
administrative official determines the permit holder is in compliance with the conditions in
this subsection, or notifies the permit holder of a potential violation in writing, the
administrative official shall send any notice of compliance or notice of violation to the
Commission and the permit holder in a timely manner.
(k) Modification of Final Approval.
(1) An approved conditional use permit may, upon application by the permittee, be
modified by the Planning and Zoning Commission:
(i) When changed conditions cause the conditional use to no longer conform to
the standards for its approval;
(ii) To implement a different development plan conforming to the standards for
its approval;
(2) The modification application shall be subject to a public hearing and the
appropriate fee as set forth in the City's schedule of fees adopted by the City Council in
order to help cover the costs of the public hearing notice.
(1) Expiration —Extensions —Transferability.
(1) An approved conditional use permit lapses twelve (12) months after approval if no
building permit is procured or if the allowed use is not initiated.
(2) A conditional use permit shall automatically expire if for any reason the
conditioned use ceases for a period of one (1) year or longer.
(3) The Commission may grant time extensions to stay the lapse or the expiration of a
permit for periods not to exceed one (1) year each upon a finding that circumstances
have not changed sufficiently to warrant reconsideration of the approval of the
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conditional use permit or that good cause exists to grant the time extension. A
permittee must request a time extension in writing, and submit any supporting
materials, within ninety (90) days of the date of the administrative official's written
notice to the permittee that either the permit has lapsed under subsection tI�(1) of this
section or that the permit has expired under subsection tIJ(2) of this section by a date
certain. If the administrative official does not issue a written notice concerning lapse or
expiration, the permittee may request a time extension at any time within two (2) years
of the date the permit was issued or the use ceased, whichever is later. A permittee
may be granted time extensions not to exceed a total of two (2) years from the date of
the Commission's grant of the first time extension. The Commission may, but is not
required to, hold a public hearing prior to issuing a decision under this subsection.
(4) A permittee who disputes the administrative official's determination that the
conditioned use has not been timely initiated or has ceased for a period of one (1) year
or longer may appeal the official's determination to the Board of Adjustment in
accordance with KMC 14.20.290. If the permittee has requested a stay under
subsection lu(_3_) of this section, the time for appeal of the administrative official's
determination of lapse or expiration shall not run until such time as the Commission
has made a final decision on the request for a stay.
(5) A conditional use permit is not transferable from one (1) parcel of land to another.
Conditional use permits may be transferred from one (1) owner to another for the
same use, but if there is a change in use on the property, a new permit must be
obtained.
(6) Appeals from decisions of the Commission under this section shall be made in
accordance with the provisions of KMC 14.20.290.
(m) A proposed conditional use permit shall not be considered if a substantially similar
conditional use permit has been considered and denied within the nine (9) months
immediately preceding.
(Ords. 925, 1460-91, 1504-92, 1549-93, 1779-98, 1797-98, 1916-2001, 2173-2006, 2565-2011, 2611-2012,
3243-2021)
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The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15,
2021.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should
contact the City Clerk for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
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14.20.151 Application for conditional use permit for surface extraction of natural resources I Kenai Municipal
14.20.151 Application for conditional use permit for surface
extraction of natural resources.
An application for a Conditional Use Permit to engage in the surface extraction of natural
resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the
City Planner, along with the appropriate fee as set forth in the City's schedule of fees adopted
by the City Council. All applications shall be accompanied by the following documents and
information:
(a) A site plan, drawn to scale and prepared by the appropriate professional discipline
registered or licensed as such by the State of Alaska under Alaska Statutes Title 8,
containing the following:
(1) Graphic (and legal) description of the proposed area, including dimensions in feet
and number of acres or square feet;
(2) Existing topographical contours with not less than ten -foot (10') contour intervals;
(3) Proposed finished topographical contours (when extraction is completed) with not
less than ten -foot (10') contour intervals;
(4) Existing and proposed buildings and structures on the site;
(5) Principal access points which will be used by trucks and equipment, including
ingress and egress points and internal circulation, especially the haul road from the
public road to the proposed site of the pit;
(6) Indication of the existing landscape features, including cleared areas, wooded
areas, streams, lakes, marsh areas, and so forth;
(7) Verification that the proposed surface extraction is outside of the one percent (1 %)
annual chance flood zone (one hundred (100) year floodplain), one -fifth percent (0.2%)
annual chance flood zone (five hundred (500) year floodplain), and high -hazard coastal
areas as indicated by:
(i) The most current locally approved Federal Emergency Management Agency
Flood Insurance Rate (FEMA FIRM) map panels; or
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(ii) Survey data from a surveyor registered or licensed in the State of Alaska
showing the proposed site is outside of the one percent (1 %) annual chance flood
zone, one -fifth percent (0.2%) annual chance flood zone, and high -hazard coastal
areas.
(8) Location and nature of other operations, if any, which are proposed to take place
on the site.
(b) A narrative statement containing the following information:
(1) Soil surveys with reference to the average year-round water table throughout the
entire acreage. Piezometers may be used to determine an average water depth;
(2) Estimated amount of material to be removed from the site over the entire period
of operation;
(3) Estimated length of time to complete the operation, or, if the pit is to be operated
on a continuing basis, a statement to that effect;
(4) Proposed hours of operation;
(5) Method of fencing or barricading the petition area to prevent casual access;
(6) Amount and location of natural screening provided by trees and vegetation, if any,
between the property lines and the proposed site of the pit;
(7) Plans, if any, to construct artificial screening;
(8) Description of operations or processing which will take place on the site during
and after the time the material is extracted;
(9) Plan or program for regrading and shaping the land for future use;
(10) Method of backfilling and/or replacing topsoil;
(11) Proposed future use of the land after resources are extracted, including a
proposed development plan showing location of houses, parks, lakes, etc.;
(12) Other information which may pertain to the particular site.
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(c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses
required by state or federal agencies.
(d) Proof that the applicant is the owner of the subject property.
(Ords. 925, 2565-2011, 2977-2017, 3039-2018, 3042-2018)
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15,
2021.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should
contact the City Clerk for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
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14.20.154Issuance of permit for surface extraction of natural resources I Kenai Municipal Code Pagel of 3
14.20.154 Issuance of permit for surface extraction of natural
resources.
(a) On the basis of the application with accompanying information, any supplemental
information filed, and such information as may be presented at the public hearing
provided for in this chapter, the Commission shall make a determination as to whether
each of the following requirements has been met:
(1) The application is insubstantial compliance with the requirements of this chapter;
(2) The boundaries of the proposed excavation at its greatest dimensions, including
backslopes, are at least two hundred feet (200') from any road or public right-of-way
and at least one hundred fifty feet (150') from other surrounding property lines, except
that adjoining permitted surface extraction of natural resources sites is not required to
maintain the above one hundred fifty feet (150') excavation between sites;
(3) The buffer strips between the excavation site and roadways and property lines
contain sufficient natural screening to obscure the entire excavation from sight of
roadways and inhabited areas. If there is not sufficient natural screening, the site plan
must provide for artificial screening;
(4) The surface extraction is outside of the one percent (1%) annual chance flood zone
(one hundred (100) year floodplain), one -fifth percent (0.2%) annual chance flood zone
(five hundred (500) year floodplain), and high -hazard coastal areas;
(5) The site plan provides that backslopes be a minimum of a two -to -one (2:1) slope,
except for the contiguous working face;
(6) The site plan does not provide for excavation below the water table except where
a reasonable method of drainage is available at the particular site or where the
proposed future development plan provides for a lake on the site of the excavation;
(7) If the excavation is to be below the water table and the site is likely to endanger
the public safety, the site plan shall provide for fencing of the work area;
(8) The proposed use of land after extraction is completed is feasible and realistic and
is a use permitted in the zone in which the property is located;
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(9) The extraction does not destroy the land for the purposes for which it is zoned;
(10) The need for the particular natural resource within the City of Kenai outweighs
any detrimental effects the operation may have on surrounding property owners;
(11) The applicant is the owner of the subject property;
(12) Clearing limits shall be delineated on the site plan as well as clearly visible on site
and shall be inspected by the City Planner or designee prior to the application being
deemed complete.
(b) If the Commission determines that all requirements have been met, the Commission
shall direct the City Planner to issue a conditional use permit to the applicant. The permit
shall be issued for an indefinite period and shall be subject to the provisions of this
chapter, and shall so state.
(c) The permit may be expressly conditioned by the Commission upon the erection of
artificial screening. If the permit is so conditioned, the Commission shall specify the type of
screening to be erected. Such screening shall obscure the entire extraction operation from
view from any public roadway or inhabited area and shall be compatible with the general
character of the neighborhood. No extraction of resources can take place until the artificial
screening provided for has been erected and approved by the Commission.
(d) Appeals from decisions of the Commission under this section shall be made in
accordance with the provisions of this chapter.
(Ords. 925, 1957-2002, 2977-2017, 3039-2018, 3042-2018)
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15,
2021.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should
contact the City Clerk for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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14.20.154Issuance of permit for surface extraction of natural resources I Kenai Municipal Code Page 3 of 3
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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14.20.180 Variance permits I Kenai Municipal Code
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14.20.180 Variance permits.
(a) Intent. A variance means the relaxation of the development requirements of this
chapter to provide relief when the literal enforcement would deprive a property owner of
the reasonable use of his real property.
(b) Permit Application. An application for a variance permit shall be filed in writing with the
administrative official and signed by the owner of the property concerned.
(1) The application shall contain the following:
(A) A legal description of the property involved;
(B) Plans showing the location of all existing and proposed buildings or
alterations, elevations of such buildings or alterations, and such data as may be
required.
(C) A nonrefundable deposit/advertising fee as set forth in the City's schedule of
fees adopted by the City Council.
(c) Review Criteria, The Commission shall establish a finding that all of the conditions have
been found to exist as a prerequisite to issuance of a variance permit.
(1) Special conditions or circumstances are present which are peculiar to the land or
structures involved which are not applicable to other lands or structures in the same
land use or zoning district.
(2) The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute pecuniary
hardship or inconvenience.
(3) The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
(4) The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
(5) The granting of a variance shall not be based upon other nonconforming land uses
or structures within the same land use or zoning district.
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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14.20.180 Variance permits I Kenai Municipal Code
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(d) Public Hearing. The public hearing and notification procedure for a variance application
shall be accomplished in accordance with the requirements of this chapter. The applicant
shall pay a nonrefundable fee as set forth in the City's schedule of fees adopted by the City
Council in order to help cover the costs of the public hearing notice.
(e) Permit Expiration and Extension. An approved variance permit shall lapse twelve (12)
months from the date of approval if the variance for which the permit was issued has not
been implemented. The Commission may grant a time extension not to exceed six (6)
months upon a finding that circumstances have not changed sufficiently since the date of
initial permit approval. A request for extension must be submitted prior to expiration of the
permit. A public hearing shall not be required as a condition to granting the extension.
(f) A proposed variance permit shall not be considered if a substantially similar variance
permit has been considered and denied within the nine (9) months immediately preceding.
(Ords. 925, 987, 1033, 1155, 1459-91, 2349-2008, 2528-2011)
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15,
2021.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should
contact the City Clerk for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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14.20.185 Encroachment permits I Kenai Municipal Code
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14.20.185 Encroachment permits.
(a) Definitions. "Encroachment" means any objector structure above or below ground and
constructed or located in a manner other than set forth in the Development Requirements
Table.
(b) Intent. An encroachment permit is the relaxation of the development requirements of
this chapter to remedy encroachments which do not fall under KMC 14.20.050,
nonconforming uses and which satisfy the requirements of financial institutions.
(c) Permit Application. An application for an encroachment permit shall be filed in writing
with the City Planning Department and signed by the owner of the property concerned or
representative of the owner. A nonrefundable fee as set forth in the City's schedule of fees
adopted by the City Council shall be paid to the City of Kenai at the time the permit
application is filed.
(1) The application shall contain the following:
(A) A legal description of the property involved;
(B) Plans showing the location of all existing buildings, rights -of -way or
easements, setbacks, elevations, and any data pertinent to the application.
(d) Review Criteria. The Planning Department shall submit the application to the Planning
Commission for review and public hearing. The Planning Commission shall establish a
finding that all of the conditions set forth in subsections (dXD through (dM of this
section have been found to exist before issuing an encroachment permit.
(1) An encroachment as defined in subsection La) exists.
(2) The encroachment does not encroach upon a Federal, State or City right-of-way or
utility easement.
(3) The issuance of the encroachment permit will not authorize a use which is not a
principal permitted use in the zoning district in which the property is located.
(4) The encroachment is not located across a platted lot line.
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
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14.20.185 Encroachment permits I Kenai Municipal Code
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(e) Public Hearing. The public hearing and notification procedure for an encroachment
permit application shall be accomplished in accordance with the requirements of this
chapter.
(f) Unauthorized Encroachments. Unauthorized encroachments shall be immediately
removed by the owner upon being given notice by the City. Notice shall consist of a written
letter, sent by certified mail return receipt requested, or by personal service, explaining the
violation and allowing twenty (20) days to remove the encroachment.
(g) Expiration of Permit. Permits shall expire automatically upon termination or interruption
of the use; damage to the building, structure, or object which makes it uneconomic to
repair the building, structure, or object; or, the expiration of the useful life of the building,
structure, or object, whichever comes first.
(h) Administrative Exemption. The Administrative Official may grant an encroachment
permit without a public hearing if the total encroachment, inclusive of all front, rear and
side setbacks, does not exceed twelve inches (12"); and provided that:
(1) The allowed encroachment on any one (1) front, rear or side setback may not
exceed ten percent (10%) of the setback as contained in the Development
Requirements Table, or twelve inches (12"), whichever is less; and
(2) The Administrative Official finds that the review criteria in subsection (d) are met.
(Ords. 1188, 1817-99, 2565-2011)
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15,
2021.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should
contact the City Clerk for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.kenai.city
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
48 of 49
14.20.185 Encroachment permits I Kenai Municipal Code
Page 3 of 3
City Telephone: (907) 283-7535
Code Publishing Company
The Kenai Municipal Code is current through Ordinance 3260-2021, passed December 15, 2021.
49 of 49