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~ COUNCIL MEETING DATE: ~//~o~ I
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Clerk ~ Cit Mana er ~.- Public Works /
Police De artment Finance '~ En ineer /
Senior Center Air ort ~-' Kim V
Librar Parks & Recreation Clarion
Fire De artment Schmidt Mellish
~ Student Re . KSRM
6~~t,~ ~D ~- ~~~ Brenckle
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DELIVER
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soon as possible after Noon on pncket day. The camera-ready agenda
c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise nt ~
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Contacts or Ibell@acsalasko.net). Home Page documents (agenda, resolutions,
ordinances for public hearing, and ordinances for introduction) are usually emailed
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AGENDA
KENAI CYTY COUNCIL - REGUy,Ag MEETING
FEBRUARy 1,2006
7:00 P.M.
KENAI CITY COUNC%L CHAMgERS
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%TEM A: CALL TO ORDER
1• PledgeofAllegiance
2• Roll Call
3. Agenda Approval
4 ConsentAgenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normai
sequence on the agenda as part of the Generai Orders.
ITEM B: SCHEDULED PtTBLIC COMMENTS (10 minutes)
1. April Fulk -- Rezoning Ross Street to North Fem Street to L'united
Commercial Zone.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC IiEARINGS
1. Ordinance No. 2136-2005 (As Amended) -- Authorizing the Sale of Four
(4) Parcels of Land to The Conservation Hl.tnd for Fair Market Value and
Placing Certain Conditions on the Sale.
a• Substitute Ordinance No. 2136-2005 -- Authorizing the Sale of
Four (4) Pazceis of Land to The Conservation Fund for Fair Market
Value and Placing Certain Conditions on the Sale.
~Clerk's Note: A motion to substitute is on the table (made prior to the
approual of a motion to postpone the ordinance to the February 1, 2006
meeting. To substitute, a vote on the motion to subsritute is required.J
Resolution No. 2006-03 -- Urging the State of Alaska to Provide for a
Sustainable Revenue Sharing~Community Dividend Program for All
Alaskan Communities.
Resolution No. 2006-04 -- Directing the Continuation of the Project
Entitied "McCollum and Aliak Drives Paving Districc° and Designating
What Improvements Are to Be Included in This Project.
4. *New Liquor License -- YIITAK, LLC, d/b/a .406 Family Sports Cafe --
Beverage Dispensary Tourism.
ITEM F: MINUTES
*Regular Meeting of January 18, 2006.
"Council Work Session Notes, January 13-14, 2006/City Manager
Candidate Interviews.
ITEM G: UNFINISHED BUSINESS
dTEM H: NEW Bd7SINESS
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2139-200b -- Amending KMC 1.10.040 to Change the
Time of Regularly Scheduled Council Meetings From 7:00 P.M, to a Time
Set by Resolution of the City Council.
4. *Ordinance No. 2140-2006 -- Amending KMC 1.90.050(b) to Allow for
Excused Absences From Meetings of City of Kenai Commissions,
Committees and Boards.
5. *Ordinance No. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080
by Adding Sections That Provide for City Water and Sewer Charges
Which are Due and Unpaid to Become Liens Against the Property Served.
*Ordinance No. 2142-2006 -- Amending KMC 14.20.290 to Clarify
Which Issues May Be Appealed to the Boazd of Adjustment and Setting
Farth Rules Regazding Who Has Standing to Bring Appeais.
7. *Ordinance No. 2143-2006 -- Amending the Official Kenai Zoning Map
by Rezoning Tract A-1B, Petersen Subdivision No. 3, From Being Split-
Zoned Conservation (C) and Townsite Historic (TSH) to Townsite Historic
(TSH) Only.
8. *Ordfnance No. 2144-2006 -- Eliminating From the Kenai Zoning Code
Land Use Table (KMC 14.22.010], Footnote 19 that Requires Some
Conditional Uses in the Rural Residential-1 (RR1) and Suburban
Residen6al (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
9 *Ordinance No. 2145-2006 -- Amending the Officiai Kenai Zoning Map
by Rezoning 40.85 Acres Located Along the Kenai Spur Highway at About
Mile 6 From Rural Residential (RR) and General Commercial (CG) to
Limited Commercial (LC).
10. Approval -- City Manager Contract
11. Approval - Lease Application/Lounsbury and Associates, Inc. on Behalf
of Lowe's HIW, Inc. -- Lots A-1 8s A-2, Baron Park No. 6.
12. Discussion -- Scheduling Boazd of Adjustment Hearing~Appeal of
Planning & Zoning Commission Denial of an Application for a
Conditional Use Perxnit for Cabin Rentals (Short-Terxn Rentals) and
Guide Service for the Property Described as Lot 6, Block 6, Valhalla
Heights Subdivision Part 5(160 Richfield Drivej, Kenai, Alaska.
Application Submitted by Larry R. Carlson d/b/a Larry's Guide Service,
160 Richfield Drive, Kenai, ,Siaska. Appeal Filed by Larry R Carison and
Wendy J. Goodloe.
13. Discussion -- Scheduling Board of Adjustment Hearing/Appeal of
Planning & Zoning Commission Approval of Rezone of Parcels Located
Between Shell Drive and North Fern Street from Rural Residentiai and
General Commercial to Limited Commercial. Application submitted by
John Hammelman, Chair, Pianning & Zoning Commission, City of Kenai,
210 Fidalgo Avenue, Kenai, Alaska. Appeal FIled by Heath and April
Fullc.
ITEM I: COMM%SSION/COMMITTEE REpORTS
i• Council on Aging
2• Airport Commission
3• Hazbor Commission
4• Library Commission
5• Pazks & Recreation Commission
6. Planning & Zoning Commission
7• Miscellaneous Commissions and Committees
a• Beautification Committee
b• Alaska Municipai I,eagi.ie Report
~• Arctic Winter Games
d. Stranded Gas Committee
YTEM J: REPORT OF THE MAyOR
ITEM K: ADMINISTRATYON REpORTS
1 • City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
-- None Scheduled
ITEM M: ADJOURNMENT
FEBRUARY 1, 2006
REGULAR COUNCIL MEETING
BY:
ADD TO: Persons Scheduled to be Heard --
B-2. Kevin Jackson, Department of Transportation
and Patrick Middleton from USKH -- ADOT&PF Highway
Safety Improvement Program Project CITY CLERK
ADD TO: Item E-3 -- M. Mueller, KPB Planning Department letter
Stating the Borough's non-objection to the proposed
Street paving project and objection to the use of
Option #3 in determining assessment. CITY CLERK
ADD TO: I-2 & I-6 -- Application of James R. Jenckes/Airport
and/or Planning 8s Zoning Commission Consideration. CITY CLERK
CONSENT AGENDA
No changes.
MAYOR'S REPORT
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Suggested by: Ci~y wu,.,,..
CITY OF KENAI
ORDINANCE NO. 2136-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE SALE OF FOUR (4) PARCELS OF LAND TO THE CONSERVATION FUND FOR
FAIR MARKET VALUE AND PLACING CERTAIN CONDITIONS ON THE SALE.
WHEREAS, KMC 22.05.080 authorizes the City to sell land it owns to IRS 501(c)(3)
corporations for consideration as agreed upon by the parties; and,
WHEREAS, the Conservation Fund, an IRS 501(c)(3) corporafion, has requested to
purchase four (4) parcels of City property as shown on Attachment "A" of this
ordinance; and,
WHEREAS, the property is wetlands property adjoining the Kenai River that is not
suitabie for development and should be preseroed as wetlands; and,
WHEREAS, the consideration agreed to is as follows, which is fair market value as
reported in the Restricted Use Appraisal Report produced by Julie Derry of Derry &
Associates, Inc., and dated April 22, 2005:
Parcel l: $46,000
Pazce14: $ 8,000
Parcel5: $27,500
Parcel 6: $ 1,000; and,
WHEREAS, the deed of conveyance will require the property be placed in a land trust
for preservation; and,
WHEREAS, the deed of conveyance will stipulate the property may not be conveyed to
the State of Alaska; and,
WHEREAS, these parcels are not needed for a public purpose; and,
WHEREAS, this transfer to The Conservation Fund is contingent on the transfer of the
City Boat Launch property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the parcels identified as parcels 1, 4, 5 and 6 on Attachment "A" may be
sold to the Conservation N~xnd, an IRS 501(cj(3) corporation, as follows: Parcel i,
consisting of appro~mately 45.67 acres for $46,000; Parcel 4, consisdng of
approximately 14.63 acres for $8,000; Parcel 5, consisflng of approximately 61.37
acres for $27,500; and Parcel 6, consisdng of appro~mately 2.04 acres for $1,000.
F~irthermore, be it ordained that the deed of conveyance shall require the property to
be held for preservation by a land trust and not be conveyed to the State of Alaska.
Ordinance No. 2136-2005
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
February, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: December 7, 2005
Amended/Postponed: December 21, 2005
Adopted: February 1, 2006
Effective: March l. 2006
'~
~uts~ iri u i ~
Suggested by: City Council
CITY OF KENAI
ORDINANCE NO. 2136-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE SALE OF FOUR (4) PARC~LS OF LAND TO THE CONSERVATION FUND FOR
FAIR MARKET VALUE AND PLACING CERTAIN CONDITIONS ON THE SALE.
WHEREAS, KMC 22.05.080 authorizes the City to seil land it owns to IRS 501(c)(3)
corporations for consideration as agreed upon by the parties; and,
WHEREAS, The Conseroation Fund, an IRS 501(c)(3) corporation, has requeseed to
purchase four (4) pazcels of City property as shown on Attachment "A" of this
or@inance;and,
WHEREAS, the property is wetlands property adjoining the Kenai River that is not
suitable for development and should be preserved as wetlands; and,
WHEREAS, the consideration agreed to is as foilows, which is fair market value as
reported in the Resfricted Use Appraisal Report produced by Julie Derry of Derry &
Associates, Inc., and dated Aprii 22, 2005:
Parcel l: $46,000
Parcel4: $ 8,000
Parcel5: $27,500
Parcel 6: $ 1,000; and,
WHEREAS, the deed of conveyance wiil require the property be held by The
Conservation Fund or placed in a non-governmental land trust for preservation; and,
WHEREAS, the deed of conveyance will stipulate the property may not be conveyed to
the federal government, the State of Alaska, a political subdivision of them (except
grantor), or a public or quasi-public corporation or authority established by state or
federai law; and,
WHEREAS, this transfer to The Conservation Fund is contingent on the pending land
exchange between the City and The Conservation F~xnd of the city boat launch
property;and,
WHEREAS, these parcels are not needed for a public purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the parcels identified as pazcels 1, 4, 5 and 6 on Attachrnent "A" may be
soid to The Conservation Fund, an IRS 501(c)(3) corporation, as follows: Pazcel 1,
consisting of approximately 45.67 acres for $46,000; Parce1 4, consisting o{
Ordinance No. 2136-2005
Page 2 of 2
appro~mately 14.63 acres for ~8,000; Parcel 5, consisung of appro~mately 61.37
acres for $27,500; and Parcel 6, consisting of appro~mately 2.04 acres for $1,000.
Further, that the deed of conveyance shall require the property to be held for
preservation by The Conservation Fund or a non-governmental land trust and not be
conveyed to federal government, Che Sfate of Alaska, or a political subdivision of the
them (except grantor), or a public or quasi-public corparation or authority established
by state or federal law.
Further, that this transfer to The Conservation F'und is contingent on the pending
land exchange between the City and the Conservation F~ind of the city boat launch
property.
PASSED BY THE COUNCIL OF THE CITY OF KENAZ, ALASKA, this 18th day of
January 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: December 7, 2005
Adopted: January 18, 2006
Effective: February 18, 2006
r ~in~ ~1 -~
Attachment A
i
Suggested by: ~liy ~uu~~~~~
CITY OF KENAI
RESOLUTION NO. 2006-03
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, URGING THE
STATE OF ALASKA TO PROVIDE FOR A SUSTAINABLE REVENUE SHARING/
COMMUNITY DIVIDEND PROGRAM FOR ALL ALASKAN COMMUNITIES.
WHEREAS, Alaska's great wealth is generated by the natural resources of regions,
communities and cities throughout the State; and,
WHEREAS, it is in the interest of the State of Alaska to share a portion of this natural
resource wealth with its political subdivisions and allow citizens to have direct control
over the public services they receive in order to enhance and continue positive
economic growth throughout Alaska; and,
WHEREAS, in 1969, the Legislature adopted a municipal revenue sharing program to
share Alaska's resource revenues with local ta~ayers and communities, which were to
"help ease fiscal problems facing local governments" and "stabilize or reduce local
taYes"; and,
WHEREAS, the municipal revenue sharing program was eliminated in 2004; and,
WHEREAS, the elimination of revenue sharing has had a significant negative effect on
the ability of Alaska's cities and boroughs to provide services, with communities forced
to reduce essential services and/or increase local taYes, fees and causing economic
hardship; and,
WHEREAS, the State of Alaska currently has over $32 Billion in the Alaska Permanent
Fund and a budget surplus exceeding $1 Billion in this fiscal year; and,
WHEREAS, at present there are several active bills before the Legislature supporting
the restoration of a revenue sharing program or the establishment of a municipal/
community dividend program to provide communities with funding to reduce local
tases, build infrastructure, assist in covering costs of unfunded mandates, grow the
State economy, increase quality of life and, in some cases, ensure the survival of small
communities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, urges the Alaska Legislature and Governor Frank Murkowski to establish a
sustainable revenue sharing/community dividend program to share revenue with a11
Alaska communities; and,
BE IT FURTHER RESOLVED, upon passage, a copies of this resolution be forwarded to
Governor Frank Murkowski, members of the Alaska Legislature, mayors of the Kenai
Peninsula Borough communities, the Kenai Peninsula Borough Assembly, and the
Alaska Municipal League.
Resolution No. 2006-03
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
February, 2006.
PAT PORTER, MAYOR
AT'1'EST:
Carol L. Freas, City Clerk
_
Suggested by: ~ouncu
CITY OF KENAI
RESOLUTION NO. 2006-04
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE
CONTINUATION OF THE PROJECT ENTITLED "MC COLLUM AND ALIAK DRIVES
PAVING DISTRICT" AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE
INCLUDED IN THIS PROJECT.
WHEREAS, the Council directs the City Administration to continue with this project;
and,
WHEREAS, the following is a list of major improvements that are scheduled to be
completed under this project:
l. Excavation, backfill, and grading
2. Leveling course
3. Drainage improvements
4. Asphalt paving
4. Topsoil and seeding
5. Signage and traffic control; and,
WHEREAS, the Council finds the improvements are necessary and of benefit to the
properties to be assessed; and,
WHEREAS, the local improvement district costs will be allocated on a square footage
basis extending one lot deep adjacent to improvements in this subdivided area; and,
WHEREAS, the project is not objected to by owners of properties bearing fifty percent
(50%) or more of the estimated costs to be borne by property owners; and,
WHEREAS, an account will be kept of all costs of the unprovements and that after all
costs are known, the City Manager shall prepare an assessment roll for the
improvements; and,
WHEREAS, all of the above improvements will be done in this area but oniy fifty
percent (50%) of the total completed improvements will be assessed to the benefited
property owners; and,
WHEREAS, this resolution will be mailed to each property owner adjacent to the
streets designated for improvements; and,
WHEREAS, the property owner's name and address used will be that which is on
record at the Kenai Peninsula Borough on this date, February 1, 2006.
Resolution No. 2006-04
Page 2 of 2 ;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City will continue with the project entitled "McCollum and Aliak
Drives Paving District" and the improvements listed above.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
Februasy,2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
clf
Approved by Finance:
PUBLIC HEARING NOTICE
January 11, 2006
Page 2
According to Kena; P~ninsula Berough property tax records, you are the owner of Pazcel No.
~60~fD0~ The enclosed information indicates four options of assessing the
project costs. Please review each of them and if you have a preference of which option you
would like used, please include that information in your written comments or comments you
might make at the public heanng on February 1, 2006.
CITY OF KENAI
`.
C~st~p~ 4~~~~~_a~
Cazol L. Freas
City Clerk
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JRN-2e-2606 16:21 AM PENINSULA MEM. CHqPEL.O. 190T2836116
January 20, 20p6
City of Kenai
210 Fidalgo Ave.
Kenai, AK 99611
RE`~~.~?t~~_~~ -
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; JAN 2 0 200~ ;
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.4,c ia K~ixe C'v« ~.~ L/ v
Re: Exemption to proposed assessment district for paving improvements
Chuck Kopp, City Manager
This letter is in reference to parcel #4511010. KN T060N Fi 11 W S34 Portion of
Govt lot 60 lying Narth of Kenai Spur Hwy. ?his land is owned by the Kenai Lions
Club and has a sign located on the property. The land is a very smail lot that will not
accomodate a buiiding and wF: have no pians to build a structure. indefinetely. The
KPnai ~ions Ciub wouid like to request for the City of Kenai to extend an exemption to
the Kenai Lions Club and have the City of Kenai tund the assessment tor this land. if
there are any questions or conc~ms, pleasa feel free to contact me. Thank you.
Sincerety,
~~
Ryan Mills, Kenai Licros Club President
P.01~
~~~'~'. ~- -
,.~_ .._. ~_
:
~ L i+ LVUJ
1'0: City of Kenai ~~r-' ~ ~'`_~ `-~' ,_-.~
Re: Public Hearing (McCollum/Aliak Drives) Proposed Ass.
District
Far: Public Hearing 2/1/06 7:OOpm
1 own lot parcel no. 4509019. In regards to this new proposai
I have no objection.
My first choice af preference of assessing is OPTION #3 1
LOT OR 300'.
My second " " '° °' '° " OPTION #2 1
LOT IN SUB
150' I N
UNSUB
My third " " °' " " " OPTION # 4 1
LOT OR 150'
The first Optian seems very unfair as people with more
square footage pay much less and are able to have a higher
usage (i.e. apartments-townhouses andlat the least~much
more parking-storage) The KPB in particular could have a
large amount of subdivided lots being served by these
Drives. Please consider this.
Thank you for your time.
~~~~~
Regards; Paul Quade
506 Japonski Drive
Kenai, Alaska, 99611-8169
JAN-26-2006 THU 10~34 AM KPB PLANNI'NG FAX N0, 9072628618 P, 02/02
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/. ~~~ ~0~"1~
..cy.r''s ~., ~~
~~ ~~.-~. _.r:...
January 2S, 2006
Carol Fresis
Clerk, City of Kcnai
21Q Fidalgo Av.
Kenai, AK 99611
n ,,:
/~~ ~.,~ {i'~.
/ ~`.
, ~~:~
r ~26~,
~'r~
~^r
,~
,^``.,/
SUl31I:CT: McCollum / A(i1k llrivcs Propnsed Assessmcnt Distnct
llcar Carol;
The Kenai Peninsula Borough is in receipt of your Notice o( Pulilic 1-Ieanng on the subject
projecc, Without additional iniormation the Borough is unable to support any ~f the options '
provided in thc Notica We would request thc fallowing information bc provided beforc
submitting commcnts on the project:
1) Dr:~wings ciepicting the types of improvements to be made.
2) Drawings depicting which stree~s will be uparaded.
3) The tota! lincal feet oF street io be upgradcd.
4} The tineal foot frontage of street to bc upgraded ~lona 13orough properiy.
S) A more tlioroueh anatysis of thc methodology used to compute the f~ir markct value of
lhe property owned hy the Borough.
Oncc we receive the following inforn~ation we will be aUle to submit comments on thc proposed
projcct,
Sinccrely,
~C;GvGf' ~iC~li~c~-
lG~1VA1 lP~8e11NSlJ~A Bt~R~O.~~H
144 N. QWKLEY SOLDOTNA, ALASKA ~ g9GG9-7520
BUSINESS (907) 262-4441 FAX (907) 262•t632
JOHN J. WILIiAMS
, ~-~ MAYOR
Paul Os~r~nder
Land Management Of4iccr
Page 1 of 1
Carol Freas
; __:;~~~.. :
From: forthearizonarapps@juno.com ;~;,~
Sent: Friday, January 27, 2006 125 AM ~ i
To: Carol Freas ~, ~~'~ 2 7'~ ; ~
Subject: Mc Mcollum/Aliak Drives proposed assessments ! ~
..~C _;
Greetings to you all in the mighry state of Alaska! Since I no longer live there and currendy reside in Arimna iY is very difficult to keep up on
yourlocalhappenings.
Since f do own a piece of property that has a proposed assessment on it (Parcei # 4511032) f am wriring to let you know that [ am very mueh
against this proposal. My property is vacant. There are no buildings of any kind on the propetty. It is jus[ vacant land.
[ do not understand the comparison of different options sheer Ihat list 4 options for my propetty. How does this work'? Especially option f{ 3 this
looks like n good option at first but then f start to look at it and it starts to Iook screwy'??
EiCher way, I am 100% agafnst your assessment.
Deborah Rapp
CITY OF KENAI
„G~ ~~~t~.t ~,~tt~~„
210 PIDALGO AVE., SUITE 200 KENAI, qtASKA 99611-7798
TELEPHONE 407•283-~535
FAX 907-283-3014 ~
smnw
,'Il'~
~nE
MEIVIORAle1DUM
TO: Charles M. Kopp, Acting City Manager
FROM: Keitn Kornelis, Public Works Manager ~
DATE: January 26, 2006
SUBJECT: McColium & Aliak Drive Paving 2005 LID
(For City Council meeting of February 1, 2006)
Attached is my memorandum to you dated November 29, 2005 with attachments
addressing different allocation options for this LID.
i have presented the same four options Council directed me to do in 2003.
Because of the extreme differences between the different options, I anticipate
rather strong opinions from the property owners.
As discussed in ourAdministrative meeting on the LID KMC regulations,
administration is suggesting:
untii March 15. 2006. This will give the administration time to have a"Property
Owners Cost Allocation Meeting." Hopefu(fy, at that meeting the administration
can determine what aliocation option the majority of the property owners want to
use.
KK/njc
Memorandum
TO: Charles M. Kopp, Acting City Manager
Carol Freas, City Clerk
Larcy Semmens, Finance Director
FROM: Keith Kornelis ~
SUBJECT: McColium & Aliak Paving 2005 LID
DAT'E: November 29, 2005
In 2003 the city council wanted me to look at the fotlowing four different options for a method of
assessing the McCollum & Aliak LID project that I am evaluating now:
Option # 1 Linear Feet
Option # 2 1 Lot in Subdivided and 150' in Unsubdivided
Option # 3 1 Lot or 300'
Option # 4 1 Lot or 150'
I have deleted 399 McCollum Drive (lot owned by Falkenberg) from the preliminary
assessment role. The existing pavement on McCollum Drive ends on the south edge of
Magic Avenue. I have also reduced the Grace Brethren shaze of the LID by taking out
the area that is paved next to them.
I have assumed that the easements and other land that needs to be dedicated for right of
way will be dedicated. I also assumed that Aliak, from McCoflum to the Spur, would be
a 100-foot ROW and that the McCollum would be a 66 foot ROW. Therefore, I have
reduced the affected property owner's share of the LID appropriately.
3. There are many dimensional discrepancies between the KPB GIS maps and various
individual plats in this area. We will have a surveyor draw a complete and accurate plat
of this area and give the city an accurate square foot figure for each property that is
included in the LID. These accurate figures wil( be used in the final assessment role.
4. The code says the city cannot assess in excess of 25% of the fair mazket value of the
propecry after giving effect to the benefit. What is the fair mazket value?
I have a column in the spreadsheets that list 25% of the KPB assessment. I also have a
column that adds 100% of the improvement estimate to each lot and takes 25% for a
value to consider.
The comparison spreadsheet shows that in every option there is at least one property that
cannot be charged their share of the LID because of the 25% rule.
5. If Aliak were extended east wiih a 50-foot ROW, Government Lot ~3 wouid be af~'ected.
I have not included this lot in the LID because their access is off the Kenai Spur
Highway. It has never been included in this LID.
6. In 2003 I think that the Kenai Lions Club requested the city pay their shaze of the LID
because they are a non-profit organization and their lot is too small to build on (7,405
square feet).
KMC states that Option # 2 will be used "Except as otherwise provided by (aw, ordinance, or by
Councii-approved policy..." We normally use the Option #2 method, but have also recently used
a method where each lot pays an equal amount. (It would be $ 9,313/each lot for this project.}. I
think council can decide whatever method they want.
Please find attached:
COMPARISON OF DIFFERENT OPTIONS
This spreadsheet compares Options 1-4. The lowest cost for each property owner is in bold.
Where theee are two numbers listed, the first number is the maximum the city can charge based
on 25% of the KPB assessment p(us the improvements, and the second number is what that
property's fair shaze is. Shown just below the total is what the city's eactra cost would be for
each option if the city paid the amount over the 25%.
On December 7, the city councii will set by resolution a date for the public heazing on this
project. The public hearing has to be within 60 days so February 1 would be the best date. I
have submitted the four options for the method to assess. A resolution directing the continuation
of this project will be at the public hearing. The council can decide then which option to use.
OP'ITON 1
The locai improvement district cost wiil be allocated on a linear footage basis adjacent to the
improvements.
OPTION 2
The locai improvement district cost wiil be allocated on a square footage basis extending one
loY deep adjacent to improvements in the subdivided azeas and up to 150 feet of depth in
unsubdivided residentiai areas.
OPTION 3
The local improvement district cost wiil be allocated on a square footage basis eatending one
lot deep adjacent to improvements to a maximum of 300 feet of depth.
OPTION 4
The local improvement district cost will be allocated on a square footage basis extending one
lot deep adjacent to improvements to a maximum of 150 feet of depth.
LOCATION MAP
COMPARISON
OF DIFFERENT
OPTIONS
MCCOLWM & ALIAK peviur. ~nnG ~ in
PRE•ENGR. PRELIMINARY ASSESSMENT ROLL
_ OPTIONS FOR METHOD OF ASSESSMENT
Below costs are only estimates based on estimated square footage and linear footage.
The finai cost wiil be based on the actual square footage or linear footage.
The final cost wili be based on the actual cost for the total completed project.
~D OPTION # 1 OPTION #2 OPTION # 3 OPTION # 4
# OWNER LINEAR FEET 1 LOT IN SUB 1 LOT OR 1 LOT OR
150' IN UNSUB 300' 150'
1 IFALKENBERG Deleted
2'STUART _
' 6,862 10,520 8,556 7
439
ESPY
3 8,573 13,209 1Q742 ' ,
9
423I
4 RHODES 8,573 20,573 16,732 ,
10
580!
5 WERNER
' 8,573 ' 5,962 4,848 ,
8
431
KPB _
6
7 HOLMES, MARK 36,006
3
429 33,899 53,513 65,025 44,970
6 ,
47,940 ',
8'HOLMES, SCOlT ,
' 5,195 '! ,078 ! 9,221
3,624 2
947 8,596'
9'WRIGHT
5,1951 ,
3,624 2,947 5,125!
5
125i
101SCHMIDT
' 5,195 ! 3,624 2,947 ,
5
125'
11',
FERRELL
' 4,850 ' 3,624 - 2,947 ,
5
125!
12
WHITESIDE 4,850I
; 3,390 2,757 ,
4
794!
13;QUADE 8,224 10,847 ' 3,390 y,7g~ - ,
4
7941
14iWILCOX 14,122 ,' 4,910
3,993 5,997 ,
6
943 !
15 GRACE BRETHREN , 27,167 ___
39,510 32,132 I ,
Zg
75gi
16,RAPP i6,168 7,286 ! 4,910 ~ 3,993 ~
6
9431
17iMARQUIS I 7,193 ' 3,390 2,75T ,
4
794~
18!HUGHES 6,702 3,273 2,662 ,
4
629i
191FOSS 8,573 12,274 9,982 ' ,
9
257!
20'KENA~ LIONS CLUB 3,292 6,235 1 ,169 1,987 983 1,616 1,580 ,
2
810 '
21'SZABO 6,858 9,936 8,081 ' ,
7
4391
221PETERSON 10,287 14,845 12,073 - ,
11
241'
231LORENZO 7,139
~~ 10,287 '
8~366 ; ,
7
770i
24~WILBERT '
6754
~ 3,273
2,662 ,
4
629.
25,BREHM
~ I
7,036 I
r 3,390 ~ 2757
_~ _w_. _~ _. _ ,
4,7941
TOTAL I 223,500 I 223,500 ': 223,500 I 223,500i
j
I i
City extra w/o Imp. 38,948 25,495
51,159 qp
pg7
Clty extra w/ImP•
i
, 6,684
i 818 12,145
~ ,
5,146
~Administration
'
3,000 ~ ~
IMuni Match Grant (50 %)
! 223
500
Right of Way Issues
~ 20,000 ' !Prope Owners (50%) ,
223
500
Engr. Design (10%) 36,000 ,' iTOTAL ,
447
000
E~ r. inspection (7 /o) 25,000 ~ ,
Constuction 363,000 ! Lowest $ for each properly of each o iion =
iTOTAL ! 447,000 ~ __ _~___._ _ ..___ __~_.P_ ;~.
r__.. ~.~
OPTION # 1
LINEAR FEET BASED
......... .
.___._._______ ~•~••~.v`wrvi a~ ,yLOHK YAVING 2005 LID
_ PRE-ENGR.PRELIMINARY ASSESSMENT ROLL (LINEAR FEET BASED)
___ Property Owners pay 50 % of project costs
--_
__ *""'"Based on property owners paying proportionaily based on linear foo4ages"'**'^"
- ----
Below costs and linear footages are estimates • final cost will be based on the actual cost & ~F of the project.
__ _ Properties to be assessed: See Property Owners Spread Sheet
~~ Linear % Of KPB 25% KPB Ass. 25% KPB 100% of 50% of
# OWNER Feet Total Ass. $ KPB Ass Plus Imp. Plus Imp. Est. $ Est.$
1 FA~KENBERG Deleted
2 STUART ---- --- -- -
132A7 0 030702 93,600 23,400 tOT,324 26,831 13,724 6,862
3 ESPY -- -- -
~FSnn~ nn~c~a~ o.~,...~- ----
41RHODES
165
.00'
0.03835T `~~
89,000 ","""
22
250 'v',040
106
146 [5~336 17,146 i 8,573
5',WERNER
165
.001
0.038357
103,300 ,
25,825 ,
120
446 26,536
30
111 17,146
171 8,573
6'KPB
7,'HOLMES
MARK
693
66
.001
001
0.161099
0
01
84,000
21,000 ,
156,011 ,
39,003 46 i
72,011 8,573
36,006
,
8!HOLMES, SCOTT .
99.991 .
5343
0.023244- 35 D00
110
500 8,750
27
625 41,858
12 10,465 6,858 , 3,429
!WRIGHT
99.
99i
OA23244 ,
95,000 ,
23,750 0,890
105
390 ' 30,223
26
348 10,390 ! 5,195
SCHMIDT
1!FERREL~
99.
qs
99;
sa
OA23244
n m~aoo
11,200
~~ a„~
2,600 ,
21,590
-- ,
5,398 10,390 ~
10,390
. 5,195
5,195
---
12~WHITESIDE
93.34; --- ---
OA21698: ~~.~~~
66,300 ~~~+~~
16
575 ro,waa
75
999 18,875 9~699 ' 4850
13jQUADE
208.78'
0.048534
11200 ,
2,800 ,
32
895 19,000
8
224 9,699
21
6 ! 4,850
14jWILCOX
G
E
'
! 271.g1;
0.063187
112,400
28,100 ,
140,644 ,
35
161 ,
95
28
244I 10,847
1
15
RAC
i
BRETHREN
16'~PP
522.891
'
0.121554
114,100
28,525
168,435 ' ,
42,109 ,
54,335 ''. 4,122
27
767
17!MARQUIS 14023
138.45' 0.032599
0
032185 10,100
89
000 2,525
22 24,672 6,168 14,572 ,
7,2gg
_
18iHUGHES
129.00: .
0.029988 ,
62,700 ,250
15
675 103,387
76105 25,847 14,387: 7,193
19iFOSS
' 165.00''
0.038357
78,tOQ ,
19,525
95
246 1g,026
23
811 13,405
17
1 6,702
20iKENAI LIONS CLUB
120.OOI
0.027896
700
175 ,
13
169 ,
3 ,
46 ! 8,573
2~!SZAB~
22!PETERSON
132.00'
'
0.030685
68,700
17,175 ,
82,416 ' ,292
20,604 12,469
13
716 ! 6,235
6
858
23iLORENZO 198.00
137.40i 0.046028
0
031941 197,600
73
000 49,400
18
2 218 175 ! 54,544 ,
20,575 ' ,
10,287
241WILBERT
130.00 .
0.030221' ,
16300 ,
50
4
0T5 87,278'
29
809 21,g19
7 14,278' 7,139
251BREHM
ii 135.43!
I
0.0314831
,
92,900 ,
23,225 ,
106,973I ,452
26,743 13,509
~
14,073 6,754
7,036
TOTA~ ~ 4,301.71'i
I I 1.000000 extre 38,948
6,684
447,000
223,500
lAdministration
Right of Way Issues 3,000
20
000
! Muni Match Grant (50%) j 223,500
jEngr. Design (10%) ,
,
36,000 ~~
j Property Owners (50%) ' 223,500
!Engr. Inspection (7%) ' 25,000 TOTAL
1ConstrucGon ~ 363,000 i 447,000
TOTAL ac~ nnn ~ _' i
Option # 2
SF 1 ~ot deep in Sub.
1 ~ft deep in Unsub.
___ _ MCCOLLUM & ALIAK PAVING 2005 ~ID
-_ --- --
-
- ------
PRE-ENGR. PRELIMINARY ASSESSMENT RO~L (SQUARE FOOT BASED)
.---- -.
___ 'i LOT IN SUBDIVIDED & 150 FEET DEEP IN UNSUBDIVIDED
Property Owners pay 50 % af project costs
-- --. -- -
-- -
- ---
*'*""Based on property owners paying proportionally based on square footage'*"'*'
_ Below costs and square footages are estimates
_._ Final cost wiil be based on the actual cost & SF of the project.
__ Properties to be assessed: See Property Owners Spread Sheet
~~ Square % of KPB 25°/, KPB Ass. 25°/a KPB 700% of
# 01NNER ACRE Feet Tot
l 50%
a
Ass. $ KPB Ass Plus Imp. w/ Imp. Est. $
1 FALKENBERG Deieted
- Est.$
------ ---.-- ----
2 STUART _ 0.90 39,204 0.047071 93,600 23,400 114,641 28,660 21,041
3 ESPY
1Q520
1.13 49,223, 0.059100 84,200 21,050 110,618 27,654 26,418 '
4 RHODES 176! 76
666" 0
092050 89
000 22
2 13,209
,
.
,
,
50 130,146 32,537 41,746
5'WERNER 0.5T 22,216 OA26674 103,300 25,825 115
223 28
806 11
923 20,573
5
,
,
,
61KPB ' 2.90' 126,324' 0.151674 84,000 21,000 151,798 37,950 67,798
7 HOLMES
MARK 0
57 ,962
33,899
,
.
. 22,651! 0.027197 35,000 8,750 ' 47,157 11,789 12,157 '
8'HOLMES. SCOTT 0_31 ~3 snd, n n~ao~o „~ ~ .... .......... ..--_ - 6,078
~-- --~--• ~,,~<;, ~ir,ivi Ly~43/ 7,247 3,624;!
9'WRIGHT 0.3t' 13,504' 0.016213 95,000 23J50 ' 102,247 25,562 ~,247 ' 3,624!
~0'SCHMIDT 0.31_ 13,504 0.016213 11,200 2,800 18,447 4612 7247 3624~
11,FERRELL 0.31 13,504 O.Q16273 65,800 16,450 73,047 18,262 7
247 ' 3
624
12iWHITESIDE 0.29 12,632I 0.015167 66,300' 16,575 73,080 18,270 ,
6
780 ,
3
390
13!QUADE
14'WILCOX 0.29' 12,632;
0
42i 1 0.015167 11,200 2,800 17,980 4,495 ,
6,780 ,
3,390
15',GR4CE BRETHREN .
8,295I
3.38' 147,233'' 0.021967
0.176778 112,400 '
114
100 28,100 I
28
525 122,219
19 30,555 9,819 4,910
16'RAPP
0.42',_ 18,295'
OA21967 ,
10,100 ,
2,525 3,120
19
919 48,280
4
980 79,020
9
8 39,510
17'MARQUIS
--
0.29. 12,632'
0.015167
89,000
22,250 ,
_95,780 ,
23,945 ,
19
6
780 4,910
3
390
18 HUGNES __
19 FOSS 0.28', 12,19T
' 0.014644 62,700 15,675 ' 69,246 17,312 ,
6,546 ,
3
2~3
20~IKENAI LIONS CLUB 1.05 45,738I
0.17' 7
405! 0.054916
0
008891 78,100
700 19,525 102,648 25,662 24,548 ' ,
12,274
21'SZABO
' ,
0.85' 37,0261 .
0.044456
68,700 175
17,1751 4,674
88,572 1,169
22,143 3,974
19
872 1,987
9
936
22
PETERSON
23ilORENZO L27I 55,3211 0.066423 197 600 49 400 i 227,291 56,823 ,
29,691 ' ,
14
845
24iWI~BERT ; 0.88i 38,333'
; 0
28i 12
197' 0.046025
0
014644 73,000 :
1
' 18,250 ! 93,573 23,393 20,573 ' ,
10,287
2518REHM .
,
i 0.29i 12,632I .
0.015167 6,300
92,900 ' 4,075 ',
23,225 " 22,846
99
680 5,712
24
920 6,546 ,'
6
78 3,273
~ '
l , , ,
0 ; 3,390
TOTAL
, ' 19.121 832,867'
; ~ 1.000000 extra 25,495 818
_ 447,000 223,500
~~Admirnstration
I 3,000 i ~
~
Muni Match Grant (50%) ~
223
500
Right of Way Issues 20,000 Property Owners (50%) , ,
223
500
Engc Design (10%) 36,000 ~ TOTAL _ ,
IEngr. Inspection (7%) ; 25,000 , i 447,000
Construction i 363,000 i
lTOTAL 447,000 ~ I ~
OPTION # 3
1 LOT OR 300'
-__ MCCOLLUM & ALIAK PAVWG 2005 LID
PRE-ENGR . PRELIMINARY ASSESSMEN T ROLL
(SQUARE FOOT BASED)
1 LOT OR 300 FE ET DEE P -
___ Property Owners pay 50 % of project costs -
""`°'Based on property owners paying pro
orti
Below costs and sq p
uare footages are esti onally base d on square f ootage"" '*
mates - final cost wiil be based
Properties to be assessed: See Property Owners on the actual cost & SF of the p---- ~oje~t,--
S
d
prea
She et -
ID
# OWNER Square % of KPB
ACRE Feet Tot
l 25% KPB Ass. 25% KPB 100% of 50% o
_ 1 FALKENBERG Deleted
--- a
Ass. $ KPB Ass p~us Im
p•
W~ ~mp.
Est. $
Est.$
2 STUART
__
3 ESPY ----
0.90' 39204 0.038282__ 93.600
-- ---
1
13'
49 223 0
_2 0
,712
27
678
1~
112
8
4 RHODES
.
' 76
.048065 84,200
76,666! 0.074862' 89
OOp i
21,050
p
g~
105,685 ,
26,421 ,
27,485 ' ,55E
10
74'<
S~WERNER
6!KPB ,
0.51', 22,216 0.021693; 103,300 ~ 22
25
825 j22,463
~~Zgg~ 30,616 33,463 ; _
i6,732
7':HOLMES, MARK 6.84! 297,950', 0.290940~ 84,000
0 97' 42
253'
0
0 ,
21.000 214,050 28.249
53,513 9.697'
130
050 4,848
65
BiHOLMES, SCOTT ,
,
.
41259 3 p5i pp
0.311 13,504: 0.013186;110
500
8,750
53,443
13,361 ,
18,443 ,025
9,221
9iWRIGHT ~
t01SCHMIDT ,
0.311 13,504' 0.0131861 95,000' 27,625
23,750 116,394
100
894
29~09
8
2'94~
11 i FERREL.L 0.311 13.504I 0.013186! 11,200
31 i
0
2~8~a ,
17.094 25,224
4
274 5,894
5 2,947
12 WHITESIDE .
13 504- 0.013186i 65,800 ,
0.29! 12
632 0
012335i
'
16,450 _
7~,gg-- q-- ,
----
»'924 ,894
5
894
2.947
p
gq7
131QUADE i
141WIlCOX ,
.
66,300
029I 12,632' 0.012335! 11,200I 16,575 71 g~q ~~~353 ,
5,514 ,
2,757
;
15,GR.4CE BRETHREN 0.42! 18,2g5 0.017865! 112,400 I
3
38i 147
233! 0
1 28,800 120,386 4'~~$ 5,514 2,757
~s~~PP .
,
.
43769i 114,100
0.42i 18,295' 0.0178651 10
100 28,525 178,365 44,596 64,265 32,132
17,MARQUIS I
18iHUGHES ,
0291 -------
12,632 0.012335; 89,000 ! ~~525
22.250 18 086
_
94
514 ___ 9_
4,52 _ 7 ggs_ 3,993 ~
19',FOSS
028! 12,197' 0.011910! 62,700
1
05'
'
15,675 ,
68,024 23,628
17
006 5.514 2.757
20!KENAI LIONS CLUB
.
45,738
0.044662i 78,100 I
0.17I 7
405! 0
007231 ~
19,525
98,064
- - ,
24,516 5,324
19,964 I 2,662
9
982
?1;SZABO
?21PETERSON ,
.
700
0.85i 37,026I 0.036155! 68,700 '. 175
17,175 3,932
84
861 983 3,232 ,
1,616
i
?3;LORENZO ~
1.27i 55,321i 0.054020! 197,600 !
0
88~
49,400 ,
Z2~~7q7 21,215
55
437 16,161
8,08t
24
!4iWILBERT .
38,333I 0.037431I 73,000 ;
0.28i 12197~
18,250
89,732 ,
22,433 ,147 ; 1
16
732 ~ 2,073
8
366
:5 BRE (v~
~ 029' 12,632i 0.012335; 92,900 ! 23
225 , ,
~ ,
. 98,414 24,603 5,514 I 2,757
I TOTAL I
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51
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22 3,500
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JAN-31-2006 TUE 04~47 PM KPB PLANNING
FAX N0, 9072628618
_
~ Kenai Peninsula Borouqh
P j
City of Kenai
Ms. Caroi Freas
210 Ficlal~o Ave
Kenai, AK 99G11
Planning Department
Land Managoment Division
144 North }?inklcy, Solduma, AR 99669
(907) 714.2200 Fax (907) 262.Sfi16
+ F`~`„-~-
~ ~------___ ~ ~ _~~--r
, J~IN 3 I 200~ ~
~.~
~~ rr' , ~ ~LE~
Jamiary 29, 2006
RE: McColhim/ Aliak Dtives Proposed Assessment District
Dear Ms. t~reas and City Council Members,
Tlic Kcnai Pcninsula Borough is owncr of parcel #E045-O10-10, which is subject to the
proposed Asscssmcnt District for thc McCollum and Aliak street paving project. 'i'he
Kenai Pcninsula Borough has no objection to thc proposed sueet-paving project. 'l he
Borough would however Iike to state obicction to the proposcd opuon for incthod of
assessmcnt dcscribed as "Option 3: 1 Lot or 300 fcet" in the attachmcnt to thc Noticc
PuUlic Hearing letter dated January ] 1, 2006.
Accordino to City Code C.hapter 16.05.100 (Method of Assessment) "The provisions of
this chapter shall not prevent or he coustrued to prevent the collection of assessments or
pa}nnent in lieu of assessments for improvcnients in any oflier maziner as provided by
law. '1'he methods of asscssment arc dcscribcd in gcncral hcrcin and will requirc dccisions
of policy by thc Council to mcct currcnt nccds. In gcncral, thc asscssmcnt ratc for any
spccial asscssmcnt district is computcd by dividing thc total asscssablc cost of such
improvement by tPie total number of assessment units, The encire project is considered as
a whole when computing the assessment rate and applying it to all propenies. The cost of
instaIling the improvemenC in fronh of or past a~iy pariicular parcel of property is only one
method pemiitted of ~.ssessment. Except as othcrwisc providcd by law, ordinance, or
by Cuuncil-approvcd policy for a particular lacat improvemeut district, costs wilt be
allocated on a square footage basis exte~eding one lot deep ~djacent to improvements
in subdivided areas, midway between streets up to 150 feet of depth in unsnbdivided
a•csidsntiml areas, 7nd np to 30U feet of deptit in unsuUdivided cotntnerciat and
induserial:trels. Greater area may be included when assessing costs for interceptor
sewors or water mains providing fire protection. (Ord. 791)"
ChaQter 16.45.100 provides a cicar i SO' standard For the method of assessment for an
LTt) iil residentiai arcas. Convcrsely, 300' is the standard for commercial or industriai
are~u, which this is clearly not. All lots in tlus proposcd Local Improvcmcnt District
(L1D) aro zoned as eiQ~er Rurat Residential or Rural Residenual 1. Applying the Optioti 3
~Hn-~i-zuU6 ~i~J~ U4~41 N~ KYd NLANNING FAX N0, 90726286?8 P, 03
300 ft calculation to this LI1~ would certainly be in con(lict with the standards sct forch in
code. These codified st~ndards weTe es:ablisheci to ereate an oven and justifiable metliod
of assessment. Applying the commercial standard to residential properues in lhis
proposed I.Tll woutd result in a severely unbalanced assessment desion and wouid be
contrary to the City's adopted standards.
The Kenai Pcninsula 13orough ihanks you for this opporwnity to connnent as an affected
landowncr iu thc proposcd asscssmcnt district.
Sincerely,
~~y/~~~~ C /~9~
Marcus A~ Muellar,
Land :~tanagement Aoent
I'~ \
..
'4~,
January 20, 2006
Ms. Dawn Holland-Wiliiams
Records & Licensing Supervisor
Alcoholic Beverage Control Boazd
5848 E. Tudor Rd.
Anchorage, AK 99507-1286
Re: Beverage Dispensary Tourism
.406 Family Sports Cafe
Deaz Ms. Holland-Williams:
SHERRY BIGGS, CMC
BOROUGH CLERK
Please be advised that the Kenai Peninsula Borough has no objection to the approval of the new
Beverage Dispensary Tourism license application for the .406 Family Sports Cafe, located in the City
of Kenai, Alaska.
Bevera~e Dispensarv Tourism
MITAK, LLC, dba .406 Family Sports Cafe -#4555
The Kenai Peninsula Borough Finance Deparhnent has reviewed its files and has raised no obj ection
based on unpaid or delinquent taxes.
Sincerely,
~
~
Sherry Bigg , MC
Borough Clerk
cc: Applicant
City of Kenai
KPB Finance Department, Delinquent Accounts
File
KE61la41 PElVONSU ~LA BOAEOI, ~ ~
144 N. BINKLEY - SOLDOTNA. ALASKA - 99669-75.,,,
~ BUSWESS (907) 714-2760 FAX (907) 714-2388
EMAIL: assemblycierkQo borough.kenai.ak.us
ro/~er"~y ~~~GLI
~' ~~
S'.\WPWItJ~DATAUBC Board~Abc-IttttrsWEWWcw - Withm City Lirttits.wpd
State of Alaska
Alcoholic Beverage Control Board
Date of Notice: January 19, 2006
Application Type
NEW X
TRANSFER
Ownership
Location
Name Change
Governing Body:
Community Councils
License #:
License Type:
D.B.A.*:
Licensee/Applicant:
Physical Location:
Mail Address:
Telephone #:
E1N:
Cify of Kenai
Nonc
4555
Beverage Dispensary Tourism
406 t~amily Sports Cafe
VIITAK, LLC
10800 Kenai Spur Highway
5200 W 9"' Terr., Ste 206 Prairie Village KS 66207
907-283-6101 907-283-6271 Fax
02-0628877
Corp/LLC Agent: Address Phone Date and State of Good sfanding?
Limited Partnershi
Mil<e Heruy 10800 Kenai Spur i 907-283- 1V~ovember 18, 2005 Yes
Hwy Kenai AK
~ 6101
99G11 _ Kansas
Please note: the Members/Offtcers/Directors/Shareholders (principals) listed below are the pri~cipal members.
There ~raay be additional members that we are Hot aware of because they are not primary merabers. We have
listed all principal members and those who hold at least IO% shares.
Member/Officer/Director: DOB Address Phone Title/Shares (%)
M. Lindsay Olsen 814161 9600 Mauor Leacvood KS
66206 913-649-7278 Muiaging Member
100%
I Robert L Grecfl 6/28/56 9)8 Mina Ace NE Patm
Ba FL 32907 321-67E>-4846 ivlember
If transFer application, current license information:
License #: N/A
Current D.B.A.: N/A
Current Licensee: N/A
Current Locarion: N/A
Additional eomments: :Vone.
* *Date of Birth
* Doing Business As
Cc: Kenai Peninsula Borough
_'
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JANUARY 18, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htYp: / /www.cilcenai ak us
ITEM A: CALL TO ORDER
1. Pledge of Aliegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one monon. There will be no
sepazate discussion of these items unless a council member so requests, in which case
the item will be removed from che consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
Mayor Pat Porter -- Fresentation of Legislative Citafion to Kenai
Firefighters Association.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of
Land to The Conservation Fund for Fair Market Value and Placing
Certain Conditions on the Sale.
a. Substitute Ordinance No. 2136-2005 -- Authorizing the Sale of
Four (4) Parcels of Land to The Conservation F~xnd for Fair Mazket
Value and Placing Certain Conditions on the Sale.
(Clerk's Note: A motion to amend the second whereas was made and
seconded and is on the table (made prior to the approval of a motion to
postpone the ordinance to the January 18, 2006 meering. To subsritute, a
motion to substitute (with a second) is required, f
2. Ordinance No. 2138-2006 -- Increasing Estimated Revenues and
Appropriations by $33,025 in the General ~xnd for an Increase in the
Juvenile Justice Grant From the State of Alaska to be Passed Through to
the Boys & Girls Club of the Kenai Peninsula.
3. Resolution No. 2005-55 -- Approving the Kenai Municipal Airport
Supplemental Planning Assessment Phase 2 Report and the
Implementation Plan.
a. Substitute Resolution No. 2005-55 -- .~pproving the Kenai
Municipal Airport Supplemental Planning Assessment Phase
Report and the Implementation Plan.
[Clerk's Note: A motion to approue Resolution No. 2005-55 is on the table
(made prior to the resolution's postponement to January 18, 2006.J To
substitute, a motion to substitute (with a secondJ is required. J
4. Resolution No. 2006-01 -- Supporting Participation in the Intemational
City/County Management Association (ICMA~ City/Links Program.
5. Resotution No. 2006-02 -- Authorizing the Amendment of the City of
Kenai, Alaska and Public Employees' Retirement System (PERS)
Pazticipation Agreement to Exclude Ail Elected Officials, Effective
January 18, 2006.
ITEM F: MINUTES
1. *Regular Meeting of January 4, 2006.
ITEM G: OLD BUSINESS
ITEM I3: NEW BUSINESS
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. Approvai -- Tidelands Lease Applications/Ted J. Crookston -- City of
Kenai Shore Fishery No. 2.
ITEM Y: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Hazbor Commission
4. Library Commission
5. Pazks & Recreation Commission
6. Planning 8v Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM J: REPORT OF TAE MAYOR
ITEM K: ADM%NYSTRATION REPORTS
l. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
l. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Discuss personal characteristics of city manager candidates.
ITEM M: ADJOURNMENT
KENAI CYTY COUNCIL - REGULAR MEETIPiG
JANUART' 18, 2006
7:00 P.M.
KENAI C%TY COUNCIL CHAMBERS
http: ( /www.cilcenai.ak.us
MAYOR PAT PORTER, PRESIDIiVG
MYNUTES
ITEM A: CALL TO ORDER
Mayor Porter called the meeting to order at appro~mately 7:00 p.m. in the Councii
Chambers in the Kenai City Hall Building.
A-1. PLEDGE OF ALLEGIANCE
Mayor Porter led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
Roll was taken by the City Clerk. Present were:
Robert Mollo Mike Bo le Pat Porter, Ma or
Joe Moore, Vice Ma or Linda Swazner Cliff Massie '
Rick Ross
A quorum was present.
Also Present: Les Krusen, Student Representative
A°3• AGENDA APPROVAL
Mayor Porter requested the following changes to the agenda:
ADD AS: H-4, Discussion -- City Manager Hire
ADD TO: J-5, Parks & Recreation Commission Report -- Application of
Jim Beeson to be considered for appointment to the Parks &
Recreation Commission.
ADD TO: J-6, Planning & Zoning Commissioa Report -- Application of
Scott Romain to be considered for appointment to the Planning 8v
Zoning Commission.
ADD AS: Informatioa Item No. 7-- December, 2005 Kenai Municipal
Airport Enplanement Report.
MOTION:
KENAI CITY COUNCIL MEETING
JANUARY 18, 2006
PAGE 2
Council Member Moore MOVED for approval of the agenda as amended and Council
Member Massie SECONDED the motion.
MOTION TO AMEND:
Council Member Boyle MOVED to amend the agenda removing Item E-5, Resolufion
No. 2006-02. Council Member Swarner SECONDED the motion.
Council Member Boyle explained he believed council was lacking information on which
to base a good decision and suggested it would be more appropriate to bring the
matter before council during budget work sessions with the discussion of PERS.
VOTE ON AMENDMENT:
~Student Representative Krusen: Yes
Mollo Yes Bo le Yes Porter Yes
Moore Yes Swazner Yes Massie Yes
Ross Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
*Student Representative Krusen: Yes
Mollo Yes Bo le Yes Porter Yes
Moore Yes Swazner i Yes Massie Yes
Ross Yes
MOTION PASSED UNANIMOUSLY.
A-4. CONSENT AGENDA
MOTION:
Council Member Molloy MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion.
There were no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS
Mayor Pat Porter -- Presentation of Legislative Citation to Kenai Firefighters
Association.
KENAI CITY COUNCIL MEETING
JANUARY :8, 2006
PAGE 3
Mayor Porter read a State of Alaska Legislative citation commemorating the naming of
Mt. Florian in remembrance of firefighters lost during the September ll, 2001 attack
and presented it to John Harris and Sam Satathite, who were the first to summit Mt.
Fiorian.
ITEM C: UNSCHEDULc^,D PUBLIC COMMENTS
Mya Renken, Kenai Convention & Visitors Bureau -- Renken gave a report on
upcoming events at the Visitors Center.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
-- None.
ITEM E: PUBLIC HEARINGS
E-1. Ord'anance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of
Land to The Conservation Fund for Fair Market Value and Placing
Certain Conditions on the Sale.
(Cterk's Note: A motion to amend the second whereas was made and
seconded and is on the table {made pnor to the approval of a motion to
postpone the ordznance to the January 18, 2006 meeting. To subsfitute, a
motion to substitute (with a second) is required. j
Council Member Moore requested to withdraw his motion to amend and Council
Member Swarner, who seconded the motion, concurred.
Acting City Manager Kopp reported, earlier in the day, a copy of the substitute
ordinance had been forwarded to Brad Mykeljohn (The Conservation Fund) to review; a
response had not been received prior to the meeting; the paperwork for the transfer of
property for the boat launch road was at the recorder's office; and, because the
ordinance refers to sunultaneous transfers he suggested action on the ordinance be
tabled until response from the F~nd is received.
E-la. Substitute Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4)
Parcels of Land to The Conservation F`und for Fair Market Value and
Placing Certain Conditions on the Sale.
MOTYON:
Council Member Moore MOVED to Substitute Ordinance No. 2136-2005 and Council
Member Ross SECONDED the motion.
KENAI CITY COUiVCIL MEETING
JANUARY 18, 2006
PAGE 4
Kopp explained, the wording on which administration was awaiting a response was
that in the next-to-the-last whereas in which it stated "...the transfer to The
Conservation Fund is contingent on the pending land exchange between the Ciry and
The Conservation Fund of the city boat launch propertu..."
Discussion followed regazding the closing on the boat launch property and passing the
substitute ordinance; whether to go forwazd without the Fund's comments; recalling
the discussion with Mykeljohn was that one exchange depended on the other; and, an
option would be to postpone action on the ordinance until the next council meeting as
there was no time constraint for passage of the ordinance.
MOTION TO POSTPONE:
Council Member Ross MOVED to postpone to the next meeting and Council Member
Molloy SECONDED the motion.
VOTE ON POSTPONEMENTs
*Student Representative Krusen: Yes
Mollo Yes Bo le Yes Porter Yes
Moore Yes Swarner Yes Massie Yes
Ross Yes
MOTYON PASSED UNANIMOUSLY.
E-2• Ordinance No. 2138-2006 -- Increasing Estimated Revenues and
Appropriations by $33,025 in the General Fltnd for an Increase in the
Juvenile Justice Grant From the State of Alaska to be Passed Through to
the Boys & Girls Club of the Kenai Peninsula.
MOTION:
Council Member Molloy MOVED to adopt Ordinance No. 2138-2006 and Council
Member Massie SECONDED the motion.
Brenda F'ilgrim.Ahlberg, Boys & Girls Club -- Reported the grant funds would be
used for the purchase of computer equipment and fund the technical director for the
after-school program.
It was asked and noted, the city would not charge fees for administering the grant. It
was suggested council discuss charging fees for administering grants during budget
work sessions.
VOTE:
KENAI CITY COUNCIL'.vIEETING
JANUARY 18, 2006
PAGE S
*Student Representative Krusen: Yes
Mollo I Yes j Bo le Yes i Porter Yes
Moore Yes Swarner i Yes Massie Yes
i Ross Yes ~
MOTION PASSED UNANIMOUSLY.
E-3. Resolution No. 2005-55 -- Approving the Kenai Municipal Airport
Supplemental Pianning Assessment Phase 2 Report and the
Implementation Plan.
E-3a. Substitute Resolution No. 2005-55 -- Approving the Kenai Municipal
Airport Supplemental Pianning Assessment Phase 2 Report and the
Implementation Plan.
(Clerk's Note: A motion to approve Resoiution No. 2005-55 is on the table
(made prior to the resolution's postponement to January 18, 2006.) To
substitute, a motion to substitute (with a second) is required. J
MOTION:
Council Member Ross MOVED for approval of Substitute Resolution No. 2005-55 and
Council Member Swarner SECONDED the motion.
The public hearing was opened.
Rick Baidwin, 3080 Kim-N-Ang Couzt, Kenai/President, KEDS Action Team --
Baldwin stated he reviewed the Plan and Report and because there was so much
information relating to the infrastructure of the city, he felt KEDS should review and
comment on the Plan. Baldwin noted he supported the substitute resolution.
Ross noted, when reviewing the Plan, he found those items with which he was
concerned would require an ordinance to establish the process, approval could not be
given to recommendations that affect ordinances, and, the substitute was written for
council consideration. Ross requested administration to be sure to request comments
from property owners, realtors, etc. on any proposed ordinances affecting airport
properties.
MOTION TO AMEND:
Council Member Moore MOVED to add at the end of the 'now, therefore' pazagraph,
"...and direct Administration to follow the date-sensitive Implementation Plan."
Council Member Swarner SECONDED the motion.
KENAI CITY COUNCIL MEETING
JANUARY 18, 2006
PAGE 6
VOTE:
There were no objections. SO ORDERED.
Ross noted, he would like administration to be very sensitive to present lessees,
property owners, in the Airport Reserve area, realtors, appraisers, and provide them
with copies of draft ordinances for review and comment, i.e. how the ordinance(s)
might fit~affect the Kenai economy, etc.
VOTE ON MAIN AMENDED MOTION:
*Student Representative Krusen: Yes
Mollo Yes Bo le Yes Porter Yes
Moore Yes Swarner Yes Massie Yes
Ross Yes
MOTION PASSED UNANIMOUSLY.
E-4. Resolution No. 2006-01 -- Supporting Pazticipation in the International
City/County Management Association (ICMA) City/Links Program.
MOTION:
Council Member Swarner MOVED for approval of Resolution No. 2006-01 and
requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
There were no public comments. It was noted, the program is set up primarily for
members of city government and city administration to participate in the exchange.
The proposed dates for the trip aze March 15-25.
VOTE:
There were no objections. SO ORDERED.
E-5. Resolution No. 2006-02 -- Authorizing the Amendment of the City of
Kenai, Alaska and Public Employees' Retirement System (PERS)
Participation Agreement to Exclude All Elected Officials, Effective
January 18, 2006.
Removed from the agenda.
ITEM F: MINUTES
KENAI CITY COUNCIL MEETING
JANUARY 18, 2006
PAGE 7
F-1. Regular Meeting of January 4, 2006 -- Approved by consent agenda.
ITEM G: OLD BUSINESS -- None.
ITENI H: NEW BUSINESS
H-1. Bills to be Ratified
MOTYON:
Council Member Moore MOVED to ratify the bills and requested UNANIMOUS
CONSENT. Council Member Swarner SECONDED the motion. There were no
objections. SO ORDERED.
H-2. Approval of Purchase Orders Fa~ceeding $15,000
MOTION:
Council Member Swarner M0~7ED to approve the purchase orders exceeding $15,000
and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the
motion. There were no objections. SO ORDERED.
H-3. Approval -- Tidelands Lease Applications/Ted J. Crookston -- City of
Kenai Shore Fishery No. 2.
Ted Crookston, 42321 North Cook Inlet Drive, Kenai -- Crookston introduced
himself as the applicant for the subject Shore Fishery Lease and gave a brief
background of his fishing experience and use of set net leases. Referring to the
memorandum included in the packet related to shore fishery iease fees submitted by
Acting City Manager Kopp, Crookston explained he submitted a lease application for a
ten-year lease at $300/year (as allowed by codej, the lease application had been
reviewed and recommended for approval by both the Harbor and Planning & Zoning
Commissions and the city was now suggesting changing the term of the lease from ten
years to two.
Crookston noted issues he had with the information included in the memorandum
and indicated, changing the lease from ten yeazs to two would not be acceptable to
him as his determination of the length of the lease was based on the investment he
would be malcing with purchase of equipment, nets, skiffs, etc. and the fishery
forecasts.
Kopp explained the intent of the memorandum was to note shore fishery leases have
value sepazate from the perxnits; when sold, other equipment goes with the sale; and,
tkie $100 State fee is an administrative fee. It was also noted, because there wouid be
six other leases up for renewal in 2006, setting this lease term to two yeazs wouid
KENAI CITY COUNCIL MEETING
JANUARY 18, 2006
PAGE 8
allow time to research the best use of the pubiic resource and discuss the lease terms
during budget work sessions.
Ross expressed concern it would be inappropriate to change the lease term for the
Crookston lease at this point because the code had been followed in the process which
allows for a ten-year lease.
MOTION:
Council Member Swarner MOVED to approve the tidelands lease application for City of
Kenai Shore Fishery No. 2 to Ted J. Crookston for a term of ten years at $300 every
year as stated in the memorandum {included in the packet). Council Member Moore
SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
Mollo Yes Bo le No Porter Yes
Moore Yes Swarner Yes Massie Yes
Ross Yes
MOTYON PASSED.
H-4. Discussion -- City Manager Hire
MOTION:
Council Member Molloy MOVED to postpone H-4 until after the executive session.
Council Member Moore SECONDED the motion.
VOTE:
Mollo Yes Bo le Yes Porter Yes
Moore Yes Swarner Yes Massie Yes
Ross Yes
MOTION PA5SED UNANIMOUSLY.
BREAK TAKEN: 8:10 P.M.
BACK TO ORDER: 8:22 P.M.
ITEM I: COMMISSION/COMMITTEE REPORTS
KENAI CITY COUNCIL MEETING
JANUARY 18, 2006
PAGE 9
I-1. Council on Aging - Council Member Boyle reported the meeting
summary was included in the packet.
I-2. Airpoat Commission -- Henry Knackstedt, Airport Commission Chair
gave a brief report on actions and discussions taken at the January 12 rneeting,
including the Peninsula Air Fair, the Airport Supplemental Plan, Airport budget, etc.
I-3. Harbor Commission -- Council Member Massie reported on actions and
discussions that took place at the January 9 meeting, including election of officers,
shore fishery lease, dip net report recommendations, etc.
d-4. Library Commission -- No report.
I-5. Parks & Recreation Commission -- Council Member Moore reported on
actions and discussions taken at the January 5 meeting, including election of officers,
Bernie Huss Trail improvements, potential unprovements for Municipal Park, etc.
Administration was requested to present the plan for improvements to Municipal Park
to council for review. There were no objections from council.
Council had no objections to the appointment of Jim Beeson to the Pazks & Recreation
Commission.
I-6. Planning & Zoning Commission -- Council Member Ross reported on
actions taken at the January 11 meeting, including the denial of a Conditional Use
Permit for a gtxide service and the postponement of action on the rezoning of property
along the Spur Highway to Limited Commercial.
The applications of Bekki Jackson, Scott Romain and Merry Zumwait were reviewed
for possible appointment to the Commission. Jackson and Romain were appointed.
There were na objections from council, however Swarner suggested Zumwalt, because
of her experzence, be appointed when the next vacancy becomes available.
I-7. Miscellaneous Commissions and Committees
I-7a. Besutification Committee -- No report.
I-7b. Alaska Municipal League Report -- Swarner noted the Alaska
Conference of Mayors and AML Board would be meeting during the next week in
Juneau.
I-7c. Arctic Wiater Gaxaes -- Parks & Recreation Director Frates gave a brief
update of the planning for the Games.
KENAI CITY COUNCIL MEETING
JANUARY 18, 2006
PAGE 10
I-?@. Stranded Gas Committee -- Ross reported there had been no meeting
related to Stranded Gas, however the Agrium Gas Task Force would be meeting again
in February.
ITEM J: REPORT OF TIiE MAYOR -- Mayor Porter reported:
• She would be attending a Peninsula Mayor's meeting on January 24.
• She will be holding a"Coffee with the Mayor" on February 9 at City Hall.
• She attended a fundraiser for the Arctic Winter Games in Anchorage.
• She will be attending a meeting with Native groups from the azea.
• Asked council if they would like to consider an ordinance to change the
meeting times of council to 6:30 p.m. There were no objections from council.
ITEM K: ADMINISTRATION REPORTS
K-1. City Manager -- Acting City Manager Kopp reported the following:
• 1`wo proposals had been received related to branding.
• Monthly administration reports were included in the packet.
Council comments included:
• Moore requested the need for street lights along the highway in the
Section 36 azea be forwarded to area legislators.
• Molloy stated he would prefer the city have an independent contractor do
the replacement of fill on the bluff property and the city be reimbursed for the cost.
Kopp gave a brief report related to the bluff work, i.e. replacement of topsoil and
hydro-seeding the azea and an engineenng solution was being requested to replace the
soil around the drain azea.
K-2. Attorney -- Attorney Graves reported ordinances would be included on
the next agenda for introduction, i.e. excused absences of commission/committee
members; Board of Adjustment appeal process; water/sewer issues; and change
council meeting time.
Ross suggested the meeting time ordinance include allowance of changing the meeting
time by resolution. Graves also reported administration is worlang on an ordinance
related to exterior maintenance of unoccupied buildings, i.e. comparing it with the
International Building Code, etc. and considering the development of an
Administrative Summary for inclusion on the city's webpage.
K-3. City Clerk -- No report.
YTEM L: DISCUSSION
L-1. Citizens --
KENAI CITY COUNCIL MEETING
JANUARY 18, 2006
PAGE 11
James N. Butler, YII -- Commented on the following:
• The earlier shore fishery lease discussion and encouraged the city to
keep the tenants in the loop and not jusL to focus on the lease issue, but also access
to the beach.
L-2. Councii --
Moore -- No comments.
Swarner -- Thanked the Police and Fire Departments for their assistance with
one of her co-workers.
Massie -- No comments.
Krusen -- No comments.
Ross -- No comments.
Molloy -- Thanked Seniar Center Director Craig and Administrative Assistant
Romain related to processing the new Medicare Part D regulations for seniors.
Boyle -- No comments.
EXECUTIVE SESSION -- Discuss personal characteristics of city manager candidates.
MOTION:
Council Member Moore MOVED to convene in an executive session of the council of
the City of Kenai to discuss personal characteristics of the city manager candidates.
Moore requested Acting City Manager Kopp to attend. Council Member Swarner
SECONDED the motion.
VOTE:
Mollo Yes Bo le Yes Porter Yes
Moore Yes Swamer Yes Massie Yes
Ross Yes
MOTION PASSED UNANIMOUSLY.
EXECUTIVE SESSYON: 9:00 P.M.
BACK TO ORDER: 10:45 P.M.
Council Member Moore reported council met in executive session to discuss the city
manager applicants and selected Mr. Rick Koch as their choice as the city manager
and authorized the city attorney to begin negodating a contract with Mr. Koch.
MOTYON:
KENAI CITY COUNCIL ?VIEETING
JANUARY 18, 2006
PAGE 12
Council Member Moore MOVED as stated above and Council Member Boyle
SECONDED the motion.
VOTE:
ITEM M: ADJOURNMENT
There being no further business before the Council, rhe meeting adjourned at
approscimately 10:46 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Cierk
*The student may cast advisory uotes on a1( matters except those subject to executive
session discussion. Advisory uotes sha11 be cast pnor to the official council vote and
shall not affect the outcome of a uote. Aduisory votes shall be recorded in the minutes.
Student representatives may not move or second items during a council meeting.
MOTION PASSED UNANIMOUSLY.
~
KENAI CETY COUNCIL WORK SESSION
JANUARY 13-14, 2006
CITY MANAGER CANDIDATE INTERVIEWS
KENAI CITY COUNCIL
MAYOR PAT PORTER, PRESIDING
Summarv
Council Present: P. Porter, L. Swarner, R. Ross, J. Moore, C. Massie, R. Molloy, M.
Boyle
Staff Present: City Clerk C. Freas, City Attorney C. Graves, City Manager
Assistant K. Howard, Acting City Manager, C. Kopp, Public Works
Manager K. Kornelis
The candidates were interviewed individually, i.e. Rick Koch at 9:00 a.m., January 13,
Dennis Packer at 1:15 p.m.; January 13; and Mike Miller at 9:00 a.m., January 14,
2006.
Mayor Porter introduced each candidate to the council members and offered a brief
background summary of each councii member. Porter also eacpiained there were 28
pre-determined questions that would be asked of each candidate; each candidate
would be given the opportunity to ask questions of council at the end of their
interviews; council would be holding an executive session during its January 18
meeting to discuss the interviews and couid make a decision at that time.
The Koch interview began at 9:00 a.m.
began at 1:15 p.m. and ended at 2:47
and ended at 10:47 p.m.
and ended at 11:00 a.m.; the Packer interview
p.m.; the Miller interview began at 9:00 a.m.
Notes prepared by:
Carol L. Freas, City Clerk
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CITY OF KENAI
ORDINANCE NO. 2139-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1.10.040 TO CHANGE THE TIME OF REGULARLY SCHEDULED COUNCIL
MEETINGS FROM 7:00 P.M. TO A TIME SET BY RESOLUTION OF THE CITY
COUNCIL.
WHEREAS, Section 2-6 of the Kenai City Charters allows the time of regularly
scheduled meetings to be set by ordinance, resolution or rules of the Council; and,
WHEREAS, KMC 1.10.040 sets the time for regulazly scheduled meetings (held the
first and third Wednesday of each month) at 7:00 pm; and,
WHEREAS, allowing the time of reguiarly scheduled meetings to be set by resolution
would give the Council greater flexibility in setting meeting times; and,
WHEREAS, it is in the best interest of the City of Kenai to amended KMC 1.10.040 to
allow the Council to set the time for regularly scheduled meetings by resolution.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 1.10.040 is amended as follows:
1.10.040 Time of regular meeting
The regular meeting of the Council of the City of Kenai, Alaska, [IS
DECLARED TO BE AT 7:00 PM] shall be at a time set bv a resolution of
the Council on the first and third Wednesdays of every month unless
circumstances warrant deviation of the regular meeting date when the
Council by majority vote, may change the date and give notice of such
change.
PASSED BY THE COUNCIL OF THE CTTY OF KENAI, ALASKA, this 15th day of
February 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: February l, 2006
Adopted: February 15, 2006
Effective: Mazch 15, 2006
~ +` 1
Suggested by: 1~'__, _
CITY OF KENAI
ORDINANCE NO. 2140-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1.90.050(b) TO ALLOW FOR EXCUSED ABSENCES FROM MEETINGS OF CITY
OF KENAI COMMISSIONS, COMMITTEES AND BOARDS.
WHEREAS, KMC 1.90.050(b) states a member of a city commission, committee or
board shall cease to hold office if he/she misses more than one-half of the regular and
special meetings in a three-month period; and,
WHEREAS, KMC 1.90.050(b) does not allow for excused absences frorn meetings; and,
WHEREAS, failing to allow for excused absences for commission, committee or board
meetings can create a hardship for members who must miss meetings for good cause;
and,
WHEREAS, it is difficult for the City of Kenai to recruit and retain qualified and
committed citizens to serve on commissions, committees and boards; and,
WHEREAS, allowing excused absences for good cause would allow the City of Kenai to
better retain qualified and committed members.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 1.90.050(b) is amended as follows:
1.90.050 Proceedings.
(b) If the commission, committee or board member shall be absent,
without the bodv excusine the absence for ~ood cause from more than
one-half of all the meetings of his/her committee, commission or board,
regulaz and special, held within any period of three (3) consecutive
calendar months, he/she shall thereupon cease to hold the seat. A
commission, committee or board member mav not have more that three
(31 excused absences during a twelve-month calendar year.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
February, 2006.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
Introduced: February 1 2006
Adopted: February 15, 2006
Effective: March 15, 2006
`
Suggested by: City ~,,~,,____
CITY OF KENAI
ORDINANCE NO. 2141-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 17.05.080 AND 17.15.080 BY ADDING SECTIONS PROVIDING THAT CITY
WATER AND SEWER CHARGES WHICH ARE OVERDUE AND UNPAID SHALL
BECOME LIENS AGAINST THE PROPERTY SERVED.
WHEREAS, currently overdue water and sewer charges plus penalty and interest owed
the City of Kenai are a personal obligation of the owner of the property and not a lien
of the property receiving the water and sewer services; and,
WHEREAS, if the property is foreclosed, abandoned or sold with unpaid water and
sewer charges the City of Kenai may not get paid for those monies owing; and,
WHEREAS, the City water and sewer fund is designed to be a self-sustaining entity
paid for by the users of the water and sewer services; and,
WHEREAS, ailowing water and sewer charges to go unpaid imposes an additional
burden on the other water and sewer customers of the City's utility system; and,
WHEREAS, ailowing the charges to run with the land by making unpaid and overdue
utility charges be a lien on the property would increase collection rates and lesser the
burden on the paying water and sewer customers; and,
WHEREAS, two other cities on the Kenai Peninsula (Seward and Soldotna) have
similar provisions in their municipal codes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that two new sections of the Kenai Municipal Code are enacted as foliows:
KMC 17.05.080~b)
I.
Overdue and unpaid water and sewer utility charges, plus any penalty or
interest owing, shall become a lien against the property served,
subordinate to oniy municipal tax and special assessment liens.
KMC 17.15.080(b)
II.
Overdue and unpaid water and sewer utility chazges, plus any penalty or
interest owing, shall become a lien against the property served,
subordinate to only municipal tax and special assessment liens.
Ordinance No.2141-2006
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
February, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: February 1, 2006
Adopted: February 15, 2006
Effective: Mazch 15, 2006
_
Suggested by: Ma5
CITY OF KENAI
ORDINANCE NO. 2142-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.290 TO CLARIFY WHICH ISSUES MAY BE APPEALED TO THE BOARD OF
ADJUSTMENT AND SETTING FORTH RULES REGARDING WHO HAS STANDING TO
BRING APPEALS.
WHEREAS, the intent of the Kenai Zoning Code (KMC 14.20.321) is to enhance public
health, safety and welfare through, generally, the regulation of use of land; and,
WHEREAS, land use and zoning regulations do impose significant burdens on the use
of privateiy owned land, which are necessary for the enhancement of public health,
safery and welfare, and,
WHEREAS, the authority and responsibility to enforce the Kenai zoning code is
primarily given to the Administrative Official and Planning and Zoning Administration
under KMC 14.20 subject to appeals to the Board of Adjustment, and the state courts;
and the authority to grant some permits and vaziances is given to the Planning and
Zoning Commission, subject to appeals to the Board of Adjustment and the state
courts; and,
WHEREAS, a municipality is required by AS 29.40.060 to grant standing to a"person
aggrieved" by a zoning decision made by municipal officials, and the Alaska Supreme
Court has held that this shows the Legislature has chosen to limit standing in the
area of land use law, in order to prevent excessive litigation and undue delay of final
decisions, Earth Mouers of Fairbanks v. Fairbanks North Star Borough, 865 P.2d 741,
'743 n. 6, rehearing denied. Additionally a liberal rule of standing would potentially
create a land use battleground that would unduly tax the resources of the
municipality in addition to impairing the free enterprise system and unduly interfering
with the use and development of private property; and,
WHEREAS, recent experiences of the Planning and Zoning Commission and Board of
Adjustment show there is uncertainty about the standing of persons to appeal under
the current Kenai zoning code, which should be eliminated by amending the code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.290 is amended as set out in Attachment A to this
ordinance.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
Introduced: February 1, 2006
Adopted: February 15, 2006
EffecUve: March 15, 2006
14.20.290 Appeals-Board of Ad,justment
(a) Appeals fiom final decisions of the administrative official or the Commission must be ~
submitted in wrieing to the City C1erk within fifteen (15) days of the decision. The
appeal notice shall be in wriCing and must wntain:
(1) The siQnature, name, and mailing and ~h, s~ addresses of the appellant;
(2) A description of Che action or determination from which Che appeal is sought and
the date upon which it became a final decision;
(3) The reason for the appeal, which must include a description of harm to the
appellant, including why the appellant meets the de~finition of an"ag rig eved
ep rson." [THE APPEAL SHALL BE HEARD BY THE KENAI CITY
COUNCIL ACTING AS THE BOARD OF ADNSTMENT.]
(4) Any~erson(s) a~grieved by a final decision of the administrative official or
Commission may file an appeal. The appeal shall be heard bv the Kenai Citv
Couneil actin~ as the Board of Adjustment.
(5) To be a"person(s) aggrieved" by a final decision of the administrative official or
Commission the person inust be: 1) the appticant for the action taken or
determination, or Che owner of the property that is the subject of the action or
determination under appeal; or 21 the administrative oPPicial; or 3) an owner of
real ~roperty who can show proof of the ~dverse effecC that the acCion or
determinati~n has or could have on the use, en,j~vment, or value of the real
propert~owned by that person. An interest YhaC is no different from that of the
e~ neral public is not sufficiene to make a person aggrieved; or 41 an~person~who
was entitled under Section 14.20.280(c) to notice by mail of a public hearin~ on ~~
an ap~lication for the action or determination.
(6) A statement of the relief requested b t~he appeilant.
(7) The sfreet address of the propertv that is the subiect of Yhe action or deCermination
bein~appealed and the name and address of the owner(s) of the propert~
(b) The Citv Cleck shatl reject any notiee of appeal that does not comply with the
reauirements of section 14.20.290(a) and notify the appellant of the reasons for rejecCion.
If a notice of ap~eai is rejected for reasons other than timeiiness, a corrected notice of
a~eal that complies with this section wili be accepted as timely if filed within seven (7)
davs of the date of the mailin~ of the notice of rejection.
(c) The appeal shall be heard by the Kenai Citv Council actin~ as the Board of Adjustment.
(d) The following act or determinations may not be appealed: (1) a decision to cite or not to
cite a person for a violation of the code under KMC 14 20 260 or any other provisions of
the code• (2) a decision not to issue an enforcemen[ order under KMC 14.20.260 or any
oYher ~rovision of the code• 3) any recommendaCion for or against a~proval of Che
adoption revision ar amendment of the zonine code zoning map comprehensive plan
anv other plan, a rezonin o~r an_v oYher matter involving a recommendation.
(e) Procedure.
(1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all
appeals with thirty (30) days of the filing of the appeal. However, should the
thirtieth day fall on a weekend or a municipal holiday, the hearing may be
scheduled for the next following weekday which is not a municipal holiday under
KMC 23.40.020(a)(1)-(10) and (b). For good cause, the Board of Adjustment
Ordinance No. 2142-2006
Page I of 2 Attachment A
may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of
~ ~ the time and piace of such hearing sha11 be mailed to all interested parties and to
all property owners wiChin three hundred feet (300') of the property involved at
least fifteen (15) days prior to the hearuzg. Notices to the appellant and/or
applicanC for the action or determination musC be sent by certified mail, return
receiptrequested.
(2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a
decision on the appeal. In exercising the above-mentioned powers, the Boazd of
Adjustment may reverse, remand or affirm, wholly or partly, or may modify the
order, requirement, decision or determination, as ought to be made, and to that
end shall have all the powers of the body from whom the appeal is taken.
(3) All hearings of the Board shall be open to the publia The Board shall issue a
wrieten opinion, stating its decision, the reasons for its decision, and the vote of
each member upon each question. The Board of Adjustment may undertake
deliberations uumediately upon Che conclusion of Che hearing on appeal or may
take the matter under advisement and meeY ae such other time as is convenient for
deliberations until a decision is eendered. Deliberations need noC be public and
may be in eonsultaCion with the City Attorney. An electronic recording shall be
made of the hearinas and shall be reduced to written minutes and, if needed, a
verbatim transcript. The minutes and verbatim transcript shall be made a public
record. Copies of the decision shali be promptly posted on the City's official web
site and mailed to all parties participating in the appeai.
Ordinance No. 2142-2006
Page 2 of 2 Attachment A
~~
Suggested by: Planning a:
CITY OF KENAI
ORDINANCE NO. 2143-200b
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT A-1B, PETERSEN
SUBDIVISION NO. 3, FROM BEING SPLIT-ZONED CONSERVATION (C) AND
TOWNSITE HISTORIC (TSH) TO TOWNSITE HISTORIC (TSH) ONLY.
WHEREAS, the property contains 1.26 acres and is currently split-zoned both
Townsite Historic and Conservation; and,
WHEREAS, rezoning the property would enlarge an adjoining zoning district; and,
WHEREAS, Section 14.20.270(b)(2) of the Kenai Municipal Code allows azeas
containing less than one acre to be rezoned if its zoning amendment enlarges an
adjacent zoning boundary; and,
WHEREAS, the property is privately owned; and,
WHEREAS, the City of Kenai Comprehensive Plan states that the Conservation Zone is
intended to contain publicly held land; and,
WHEREAS, the property owner would like to develop the property within the
requirements of the Townsite Historic Zone; and,
WHEREAS, on January 25, 2006, the Kenai Planning and Zoning Commission voted
unanimously to rezone the parcel.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the official Kenai Zoning Map is amended by rezoning Tract A-1B,
Petersen Subdivision No. 3 from being split-zoned both Conservation (C) and Townsite
Historic (TSH) to being zoning solely Townsite Historic (TSH).
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15~ day of
February, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: February 1, 2006
Adopted: February 15, 2006
Effective: March 15, 2006
% .~: ~~
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_ - _. /
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZA6-07
REZONE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE
REQUESTED REZONING SUBMII`TED BY
NAME: Peter Klauder
ADDRESS: 606 Petersen Wav, Kenai. Alaska
LEGAL: Tract A-1B Petersen Subdivision No. 3
PARCEL #: 04707412
WHEREAS, the Commission finds the following:
i. The subject property is currently zoned ~lit - Conservation & Historic Townsite
2. The present land use plan designation is Conservation/Onen Snace
3. The proposed zoning district is Historic Townsite
4. An appropriate public hearing as required was conducted Januarv 25. 2006
5. That the following additional facts have been found to exist:
6. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the petitioned REZONING of Tract A-1B Petersen Subdivision 1Vo. 3 is hereby
recommended to the Kenai City Council.
PASSED BY THE PLANNYNG AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JANUARY 25. 2006.
CI3AIRPERSON:~ TTEST: a~~~2i~
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Suggested by: Planning and Zoning ,,,,....,,,~„~a,
CITY OF KENAI
ORDINANCE NO. 2144-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ELIMINATING
FROM THE KENAI ZONING CODE LAND USE TABLE (KMC 14.22.010] FOOTNOTE 19
THAT REQUIRES SOME CONDITIONAL USES IN THE RURAL RESIDENTIAL 1(RRl)
AND SUBURBAN RESIDENTIAL (RS) ZONES TO HAVE INGRESS AND EGRESS TO
THE KENAI SPUR HIGHWAY.
WHEREAS, Footnote 19 of the Kenai Zoning Code currently requires some conditional
uses in the Rural Residential 1 and Suburban zones to have ingress and egress to the
Kenai Spur Highway; and,
WHEREAS, Footnote 19 states, "allowed as a conditional use provided that ingress
and egress from the property is from the Kenai Spur Highway"; and,
WHEREAS, the State of Alaska Department of Transportation limits highway access to
the Kenai Spur Highway; and,
WHEREAS, such limitations on access can prohibit development that is otherwise
appropriate; and,
WHEREAS, through the conditional use process, the Kenai Planning and Zoning
Commission can consider on a case-by-case basis whether to place requirements
regarding access to and from specific roads.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that Footnote 19 is removed from the Land Use Table in KMC 14.20.010 as
shown in attached E~chibit A.
PASSED BY THE COUNCIL OF THE CITP OF KENAI, ALASKA, this 15~ day of
February, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
- Adopted:
Effective:
February l, 2006
February 15, 2006
March 15, 2006
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Exhibit A
~ Footnotes:
(1) Allowed as a secondary use except on the ground floor of the part of the building fronting on
collector streets and ma,jor highways.
(2) One (1) single-family residence per parcel, which is part of the main building.
(3) Aliowed as a conditional use, subject to satisfying the foilowing conditions:
(a) The usable area per dweiling unit shall be the same as that requaed for dwelling units in Che
RS zone;
(b) The site square footage in area must be approved by the Commission;
(c) Yards around the site, off-street parking, and other development requirements shall be the
same as for principal uses in the RR zone;
(d) WaCer and sewer facilities shall meet the requirements of all applicable healCh regulations;
(e) The proposed dwelling group will consCiCUte a residential area of sustained desirability and
stabiliCy; will be in harmony with Che character of the surrounding neighborhood, and will noC
adversely aPfect surrounding property values;
(fl The buildings shall be used only for residential purposes and customary accessory uses, such
as garages, storage spaees, and recreational and community activities;
(g) There shall be provided, as part of the proposed development, adequate recreation areas to
serve the needs of'the anticipated population;
(h) The development shall not produce a volume of Craffic in excess of the capacity for which the
access streets are designed;
(i) The property adjacent fo the proposed dwelling group will not be adversely affected.
(4) See "Townhouses" section.
~ ~ (5) See "Mobile Homes" section.
(6) Allowed as a conditionai use, subject to "Mobile Homes" section and provided that any
mobite home park meeCS the minimum Federal Housing Authority requirements.
(7) See "P(anned Unit Residential Development" section.
(8) Allowed as a conditional use, provided that the proposed location and the characteristics of
the site will not destroy the residential character of the neighborhood.
(9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met.
(10) Provided that no part of any building is located nearer than thuty (30) feet to any adjoining
street or property tine.
(11) Allowed as a conditional use, provided that no part of any building is located nearer than
thirty (30) feet [o any adjoining street or property line and provided further that the proposed
location and chazacteristics of the use will not adversely affect the commercial development of
the Zone.
(12) Allowed as a conditional use, provided that the following conditions are met:
(a) The proposed locaCion of the use and the size and characteristic of the site will maximize its
benefit to the public;
(b) Exits and entrances and off-street pazking for the use are loca[ed to prevent traffic hazards on
public streets.
(13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are
adequate to assure that the use will not be a nuisance to surrounding properties. The Commission
shall specify the conditions necessary to fulfill this requirement.
(14) Allowed as a conditional use, provided that no indication of said use is evident from the
exterior of the mortuary.
Exhibit A
(15) A1lowed, provided that the foltowing conditions are mer.
(a) An uncleared bufPer strip of at least thirty (30) feet shal] be provided between said use and
any adjoining property in a residential zone.
(b) ExiCS and en[rances and oPf-street parking for the use shall be located to prevent traffic
hazards on the public streets.
(16) See "Conditional Uses" section.
(17) See "Conditional Use Pecmit for Surface Extraction of Natural Resources" section.
(18) Conditional Use allowed only on privately held property. Not allowed on government lands.
(19) [ALLOWED AS A CONDITIONAL USE PROVIDED THAT INGRESS AND EGRESS
FROM THE PROPERTY IS FROM THE KENAI SPUR HIGHWAY.] Deleted bv Ordmance
2144-2006.)
(20) The airport related uses allowed under this entry are aircrafr approach zones per KMC
14.20.070(a), except that for properties contained inside the airporC perimeter fence or having
access to aircrafC movemenc areas, ramps, taxiways or parkin~ aprons. FAA authorized uses are
atlowed. (Ord. 2053-2004)
(21) Setbacks for use shatl be the same as those Iisted in the "Development Requirements Tabte"
for the RU/TSH zones.
(22) Allowed as a conditional use in conjunction with a permitted use in the ED zone. For
example, housing for teaehers or students for a schooi in the zone.
(23) Allowed as an accessory use in conjunction wiYh a permitted use in the ED zone. For
example, a dormitory used Co house students for a school or educational facilicy.
(24) Retail businesses atlowed as a secondary use in conjuncCion with the primary use (e.g. a gift
shop or coffee shop within another business}. ~
(25)Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fitness
centers, photographic smdios, tailors, Canning salons and massage therapists.
Exhibit A
, j ' oi-a r.~\
~-
~ `: . " /,
CITI" OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION \'O. PZ06-OS
A RESOLUTION OF THE PLAIVNING AND ZONIlVG COMMISSIO:v' OF THE CITY OF
KENAI, ALASKA, RECOMMENDII~`G TO THE COU~ICII., THAT TITLE 14 BE AMElV~DED
BY ELIMINATING FROM THE KENAI ZONIIviG CODE LAND USE TABLE (KMC
14.ZZA10) FOOTNOTE 19 THAT REQUIRES SOME CONDITIONAL USES IN THE RURAL
RESIDENTIAL I AND SUBURBAN RESIDENTIAL ZONES TO HAVE Il~~GRESS AND
EGRESS TO THE KENAI SPUR HIGH~~AY.
WHEREAS, Footnote 19 of the Kenai Zoning Code currently requires some conditional uses in
the Rural Residential 1 and Suburban zones to have ingress and egress to the Kenai Spur
Highway; and
WHEREAS, Footnote 19 states, "allowed as a conditional use provided that ingress and egress
from the property is from the Kenai Spur Highwa}~'; and
WHEREAS, the State of Alaska Departrnent of Transportation limits highway access to the
Kenai Spur Highway; and
WHEFtEAS, such limitations on access can prohibit development that is otherwise appropriate;
and
WHEREAS, through the conditional use process, the Kenai Planning and Zoning Commission
can consider on a case-by-case basis whether to piace requirements regarding access to and from
specific roads.
NOW, THEREFORE, THE PLANNiNG AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA recommends that the Kenai Municipal Code be amended by eliminating
Footnote 19 from the Land Use Table in KMC 14.20.010 as shown in attached Exhibit A.
PASSED BY THE PLANNING AND ZONII~iG COMMISSION OF THE CITY OF KENAI,
ALASKA, this 25th day of Januarv, 2006.
~ ,
CHA N
ATT T:
~
Suggested by: Planning & Zoning Co:......~.,.,,..
CETY OF KENAI
ORDINANCE NO. 2145-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE OFFICIAL KENAI ZONING MAP BY REZONING 40.85 ACRES LOCATED ALONG
THE KENAI SPUR HIGHWAY AT ABOUT MILE 6 FROM RURAL RESIDENTIAL (RR)
AND GENERAL COMMERCIAL (CG) TO LIMITED COMMERCIAL (LC).
WHEREAS, on July 27, 2005 the Planning and Zoning Commission held a public
hearing on a request from a property owner to rezone property located along the Kenai
Spur Highway from Rural Residential (RR) to General Commercial (CG) to allow
commercial development of the property; and,
WHEREAS, the rezone was denied by the Planning and Zoning Commission and
appealed to the Board of Adjustment; and,
WHEREAS, the Board of Adjustment held a hearing on the appeal and on October 7,
2005 remanded the decision to the Planning and Zoning Commission to consider
reviewing the azea along the Kenai Spur Highway for possible rezoning to the Limited
Commercial Zone (LC); and,
WHEREAS, the Planning and Zoning Commission held public hearings on the Limited
Commercial Zone proposal on January 11 and Januaxy 25, 2006 and received public
testimony; and,
WHEREAS, the area to be rezoned is 40.85 acres and meets the size requirements of
KMC 14.20.270; and,
WHEREAS, the area to be rezoned includes parceis zoned both Rural Residential (RR)
and General Commercial (CG); and,
WHEREAS, the Limited Commercial Zone (LC) provides a transition area between
commercial and residentiai districts, allowing low to medium volume business, mixed
residential and other compatible uses; and,
WHEREAS, increased traffic along the Kenai Spur Highway has limited the residential
development in the area to be rezoned; and,
WHEREAS, limiting development along the highway to solely residential may result in
vacant and run-down homes along the highway; and,
WHEREAS, the Comprehensive Plan recommends zoning suitabie for all land uses and
to prepare criteria and standazds under which compatible mixed uses are allowed to
ensure that the uses are compatible with surrounding uses; and,
WHEREAS, the Lisnited Commercial Zone (LC) allows compatible mixed uses with
specific development criteria for separate uses; and,
Ordinance No. 2145-2006
Page 2 of 2
WHEREAS, the proposed rezone will provide for low-impact commercial development
along the highway while not restricting residential uses; and,
WHEREAS, on January 26, 2005 the Commission recommended that the Council
rezone the properties shown on Attachment "A° from Rural Residential (RR) and
General Commercial (CG) Zone to the Lixnited Commercial (LC) Zone.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the official Kenai Zoning map is amended by rezoning the properties
shown on Attachment "A" from Rural Residential (RR) and General Commercial (CG)
to Limited Commercial (LC).
PASSED BY THE COUNCTL OF THE CITY OF KENAI, ALASKA, this 15~h day of
February, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas,. City Clerk
Introduced: February l, 2006
Adopted: February 15, 2006
Effective: Mazch 15, 2006
P~06-A1
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CITY OF KENAI
PLAlVNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-Ol
A RESOLUTION OF THE PLANNING AND ZONING COn4MISSION OF THE CITY OF
KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE
REQUESTED REZONING SUBMITTED BY
NAME: John Hammelman. Chairman, Plannin~ and Zoning Commission
ADDRESS: Citv of Kenai. 210 Fidalgo Avenue. Kenai, AK 9961 I
LEGAL: See Attachments A& B
PARCEL #: See Attachment B
WHEREAS, the Commission finds the following:
1. The subject property is currently zoned Rural Residential and General Commercial
2. The present land use plan designation is Rural Residential & Neiehborhood Commercial
3. The proposed zoning district is Limited Commercial
4. An appropriate public hearing as required was conducted Januarv 1 I. 2006
5. That the following additional facts have been found to exist:
6. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the petitioned REZONING of Parcels between shell Dr. ,4i North Fern Street as
shown on Attachment A is hereby recommended to the Kenai City Council.
PASSED BY TAE PLANNING AND ZONING COMMISSION OF THE CITY OF
KEIVAI, ALASKA, JANUARY 25. 2006.
CHAIRPERSON: ~1~r~~ ATTEST:
I~ - D
4
EMPLOYMENT AGRE~MENT
BETWEEN
CITY OF KENAI and RICK KOCH
This employment agreement, made and entered into this ^ day of , 2006, by and between
the City of Kenai, SCate of Alaska, a municipal corporation, hereinafter called "the City," and Rick
Koch, hereinafter called "Employee," both of whom understand as follows.
RECITALS
1. The CiCy desires to employ the services of Employee as City Manager of the CiCy; and
2. It is the desire oP the Ciey to provide certain benefiCS, establish certain conditions of employment,
and to set wc~rking conditions of Employee; and
3. Empioyee desires to accept employment as the Ciry Manager of Che CiCy.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
agree as follows
SECTION 1:
EMPLOYEE EMPLOYM~NT AND DUTIES
The City hereby agrees to employ Employee as City Manager of said City to perform the function and
duties spec~ed in the Charter of the City of Kenai and the Kenai Municipal Code, and to perform such
other legally permissible and proper duties and functions as the Ciry CouncIl shall from tune to time
assign.
SECTION 2:
TERM, DISCHARGE AND RESdGNATION
A. TERM
This Employment Agreement shall have a term commencing Mazch 6, 2006 and ending March 5,
2009, hereinafter the termina[ion date. Employee agrees to remain in the exclusive employment
of the City until said termination date unless this Employment Agreement is eazlier terminated as
hereinafter provided.
Employee's term of employment shall end automatically on the termination date of this contract
unless the term of employment has been extended by mutual agreement in a duly authorized
written contract.
EMPLOYMENT AGREEMENT - Page I of 7 EMPLOYEE
CITY
Employee aclrnowledges thaC he has been provided with and read the case of Rairesey v Sancl i
Point. 936 P.2d 126 (Alaska 1997). Employee acknowledges that as part of the consideration ~
of this contract he has agreed to waive that portion of Section 3-1(a) of the Kenai City CharCer
which provides that the City Manager is appointed for an indefinite term and accepts the term
period of employment as set forth in this Aereement. Nothing in this Agreement prevents the
parties from extending the term of this contract by mutual agreemenC.
B
C.
DISCHARGE
Employee acknowiedges that he has been provided wirh and read the case of Ramsey v. Sand
Pointi 936 P.2d 126 (Alaska 1997). The Employee acknowledges that as a part of the
consideration of this contract he has agreed to waive Section 3-1(b) of the Kenai City Charter.
Due to the peculiar nature of the City Manaeer posiCion in that it involves dealing on behalf of
the Citv in various fields and the involvement of the City Manager in many different projeets, iC
is agreed that the City's business can only succeed if the Ciry Manager and the City CouncIl
enjoy a working relaCionship based on mutual cespect, trust and positive attitudes. It, therefore,
may be impossible Co quantify "poor performance" or `just cause" for termination given these
complexities, which often involve personality factors, as opposed to legal or contractual Paetors.
It is, therefore, the intent of the parCies to provide for termination by the Employer without
resort to any determination of cause.
The Employee agrees ChaC he is an at-will empioyee-serving at the pteasure of the Kenai City
Council. He may be suspended or discharged without advance notice and without cause at any
time during a lawfully scheduled meeting by a vote of at least four members of the Council. No
disciptinazy action, suspension or termination of the City Manager by the Council may be
appealed to the Arbitration PaneUPersonnel Board.
RESIGNATION
Employee may terminate this Agreement for any reason, or no stated reason, upon giving sixty
(60) calendar days written notice ro the Employer. In the event the Empioyee voluntarfly
Yerminates employment, the City shall be under no obligation to the Employee excepC Co pay
salary and benefits, including accrued ieave, To the date the resignation is effective, less Che
amount of any unpaid balance owed to the City by the Employee.
SECTION 3:
SEVERANCE PAY
As part of the consideraCion given the Bmployee to waive Seceion 3-(1) (a) and (b) of the Kenai City
Charter as described above in Section 2, the City of Kenai agrees to provide the following severance
package. In the event the Employee is terminated by the City Council during such time as the Employee
is wiIling and able to perform the duties of City Manager, the City shall give the Manager sixty (60) ;
days of severance pay. Severance pay shall constitute a lump sum cash payment equal to the monetary
EMPLOYMEN'I' AGREEMENT - Page 2 of 7 EMPLOYEE _
CITY
value of all pay and benefits provided for the period oP severance pay due. except that the City shall pay
direc~ly for the Manager's ciry-sponsored health insurance for sixty (60) calendar days after separaCion
under COBRA. Employee shall be entitled to accrued leave as of the date of separaeion.
Non-renewal of this contract after expiration of its term shall not entitle the Employee to any severance
PaY•
SECTION 4:
SALARY AND REVIEW
A. SALARY
During the Cerm oP the conCract, Che City agrees to pay Employee for services rendered pursuant
hereto an annual base salary of NINETY-EIGHT THOUSAND AND FOUR HUNDRED
FORTY DOLLARS ($98,440) payable in installmen[s at the same time as other employees of
the City are paid.
B. REVIEW
The City agrees to review Employee's performance annually.
~ SECTION 5:
AOURS OF WpRK
Employee is exempt from the provisions of the Fair Labor Standards Act and shall not be bound to a
work week of any set number of hours. Employee is expected to work as many hours as the
responsibIlities of his position requires. As a result, Employee shall not be paid overtime or allowed to
accrue compensatory time.
SECTION 6:
AUTOMOBILE
The City and Employee agree that KMC 23.30.110(c) shall noC apply to Employee. The City shall
provide an automobile allowance in the amount of TWO HUNDRED FIFI'Y DOLLARS ($250.00) per
month in lieu of a City vehicle. The manager is responsible for paying for IiabIlity and other insurance
and for repairs and maintenance of his automobIle. Employee shall provide a cert~cate of insurance
showing coverage whIle using the vehicle in the course of employment with the City. Liability coverage
of not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) per occurrence and a
minimum annual aggregate limit of the same amount shall be provided. The City reserves the right to
provide a vehicle for exclusive use of the Employee in lieu of a monthly vehicle allowance.
//
//
9
//
EMPLOYMENl' AGREEMENT - Page 3 of 7 EMPLOYEE
CITY
SECTION 7:
PROFESSIONAL DEVELOPMENT
A. PROFESSIONAL ASSOCIATIONS
The City agrees to budget and to pay the travel and subsistence expenses of Employee for
professional and official travel, meetings, and occasions adequate to continue the professional
development of Employee and to adequately pursue necessary oftlcial and other functions for
the City, inciudina, but not limited Yo, the annual conference of the International City
Management Association. AML, Alaska City Management Associa[ion, and such other
committees ehereof which Employee serves as a member with Ciry Counell approval.
B. PROFESSIONAL DEVELOPMENT
The City agrees to budget and to pay for the travel and subsistence expenses of Empioyee for
shorC coucses, institutes and seminars that are necessary for his professional development and for
the good of the City as approved by the Ciry Council.
SECTION 8:
GENERAL EXPENSES
The City recogni~es that certain ~eneral expenses of a non-personal and job-affiliated nature will be
incurred by Employee, and hereby agrees to rennburse orto pay said general expenses provided claims
supporCed by reeeipts (when available) are duly submitted to the City.
SECTION 9:
CIVIC CLUB MEMBERSHIP
The City recognizes Che desuability of representation in and before local civic and other organizations.
and Employee is authorized to become a member of such civic clubs or organizations as deemed
appropriate ac Employee's own expense. The Employee is encouraged to take an active role in the
communiCy.
SECTION 10:
RETIREMENT & BENEFITS
The Employee shall be bound or receive the benefits of the following sections of the Kenai Municipal
Code: KMC 23.25.050 (Pay Day); KMC 23.25.060(d) (Exemption from the Fair Labor Standards
Act); KNIC 23.30.110(b) and (d) (Travel Expense); KMC 23.020 (Holidays); 23.030 (Annual L,eave);
23.040 (Terminal Leave); 23.060 (Leave of Absence with Pay); 23.070 (Educational OpportuniCies);
23.080 (PERS Retirement); 23.095 (Supplemental Retirement); 23.100 (Social Security); 23.110
(Industrial Accidents); 23.120 (Medical and Hospital Insurance); and 23.130 (Family Leave).
EMPLOYMENT AGREEMENT - Page 4 of 7 EMPLOYEE _
CITY
SECTION ll:
RESIDENCY
As required in Section 3-1(a) of the City Charter, the Employee shall reside within [he city limits of
Kenai durine his tenure of office. The Employee shall maintain a publicly listed telephone number at
home with a device for recordine messages when unable to answer the phone. Other telephone
equipment may be provided according to need afrer consultation with the Council.
SECTION 12:
OTHER T~RMS AND CONDITIONS OF EMPLOYMENT
The City shall fix any such terms and condiCions of empioyment, as it may determine from time-CO-Cime,
relating to the performance of Employee, provided such terms and conditions are not inconsistent with
or in conflict with the provisions of this L'mployment Agreement, the City Code or any other applicable
law.
SECTION 13:
CONFLICTS OF INTEREST
The Employee shall be sensitive to both eonflicCS of inCerest and the appearance of conflicts of interest
between the duties of the City Manager and the Manager's personal conduct and shail be sensitive to
the activities of inembers of the Employee's unmediaCe famiiy that are within his control. When in
doubt, the Employee shouid consult in advance of any problem coming up.
3ECTION 14:
GENERAL PROVYSIONS
A. ASSIGNMENTS AND SUBCONTRACTS
None of the sums due or to become due, nor any of the work to be performed under this
Employment Agreement by Employee shall be assigned to any third party without the prior
written eonsent of the City.
B. APPLICABLE LAW
Thu Employment Agreement shall be deemed to have been entered into and shall be construed
and governed, except with respect to conflict of laws, in accordance with the laws of the State
of Alaska.
C. WAIVERS
Failure of either party to insist, in any one or more instances, upon the performance of any of the
terms, covenants, or conditions of this Employment Agreement or to exercise any right
hereunder, shall not be construed as a waiver or relinquishment of the future exercise of such
EMPLOYMENT AGREHMENT - Page 5 of 7
EMPLOYEE
CITY
right, but the obli~ation of the other party wiYh respect to such fuCUre performance shall continue ,
in full force and effect. ~
D. SEVERABILITY
The invalidity or unenforceability of any particular provision of this Employ~nent Agreement
shall not affect the oCher provisions, and this Employrnent Agreement shall be construed in all
respects as if such invalid ox unenforceable provision or provisions were omitted.
E. AMENDMENTS
This Employment Agreement may not be amended, modified, released, discharged,
supplemented, interpreted or changed in any manner except by written instrument signed by duly
authorized representatives of both parties.
F. HEADINGS
The headings utilized herein are provided as aids in referencine provisions of this Employment
Agreement, but shail noc be utdized in interpretation, or construction of terms and conditions of
it.
G. MERGER
This Employment Agreement contains the entire and only understanding or agreement between
the parties in celation Co the subject maCter herein. Any represenCations, provision, undertakings
or conditions hereof not contained herein shall be of no effect and shall not be binding on either
P~Y•
IN WITNESS WHEREOF, the City of Kenai, on a vote of its CiCy Council. has caused this
Employment Agree~nent to be signed and execu[ed in its behalf by its Mayor and duly attested by iCs
City Clerk, and the Employee has signed this Employment Agreement, on this ~ day of ,
2006.
EMPLOYEE
Rick Koch
DATE
EMPLOYMENT AGREEMENT - Page 6 of 7
EMPLOYEE ~
CITY
CITY OF KENAI
Pat Porter, Mavor
Date:
:1TTL~T:
Carol L. Freas, City Clerk
Da[e:
SEAL:
STATE OF ALASKA )
~SS
THIRD JUDICIAL. DISTRICT )
THIS IS TO CERTIFI' that on this day of Febcuary 2006, RICK KOCH, being personally
known to me or having produced satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execuCion of the foregoing instrument on behalf of said City.
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
Notary Public for Alaska
My Commission Expires:
THIS IS TO CERTIFY that on this day of Februazy 2006, PAT PORTER, Mayor of City of
Kenai, being personally known to me or having produced satisfactory evidence of ident~cation, appeared
before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf
of said City.
Notazy Public for Alaska
My Commission Expires:
APPROVED AS TO FORM:
Cary R. Graves, City Attorney
EMPLOYMENT AGREEMENT - Page 7 of 7 EMPLOYEE
CTTY
CITY OF KENAd
EMPLOYEE TRANSPORTATION AGREEVIENT
This AGREEMENT entered into this _ day of ,~006, by and between the
CiCy of Kenai, hereinafrer referred to as CITY, and Rick Koch. hereinafrer refened to as
EMPLOYEE. In consideration of the mutual covenants and condi[ions expressed herein,
the parties hereto agree as follows:
l. The CITY agrees to reimburse employee for the cost incuned by
EMPLOYEE in moving EMPLOYEE'S family and household goods from
Palmer, Alaska, for the purpose of beginning employment with the CITY, but
such amount shall not exceed FIVE THOUSAND DOLLARS ($5,000), as set
forth and in compliance with CounciPs action of February 1, 2006.
2. In the event EMPLOYEE voluntarily leaves CITY services within a period of
two (2) years from the date of beginning employment. EMPLOYEE agrees to
reimburse CITY for all or part of such expenditures referred to above,
according to the Pollowing schedule in compliance with KMC
23.30.120(a)(4).
Percentaee to Period of Em l~ovment
Be Refunded Prior to Termination
100% Less than 6 months
75% 6 monChs, but less than 12 monchs
50% 12 months, but less than 18 months
ZS% 18 months, but less than 24 months
0% 2 years or more
3. In any event, the CITY shail not be liable to the EMPLOYEE for any
expenses incurred by EMPLOYEE that aze not properiy documented by
itemized receipts of invoices. Such expenses shall be reimbursed up to a
maximum of FIVE THOUSAND DOLLARS ($5,000).
4. The maximum return transportation expense the CITY is liable for under AS
23.10.380, if applicabie, is the expense of return transportation of the
empioyee only from Kenai to Palmer.
Agreement Page 1 of
IN WITNESS WHEREOF, the parties have hereunto set theu signatures on the dzi[e ficst
noted above.
CITY OF KENAI
Pat Porter, Mayor
Date:
Approved as to Form:
Cary R. Graves, City Attorney
EMPLOYEE
Rick Koch
Date:
ATTEST:
Carol L. Freas, City Clerk
Employee Transportation Agreement Page 2 of 2
Citation Search Result
936 P.2d 126 Rank 14 of 26
~ite as: 936 P.2d 126)
~
Supreme Court of Alaska.
Charles R. RAMggy~ ApPellant,
v.
CITY OF SAND pp=~~ Appel~.ee.
No. S-7344.
April 1Z, 1997,
Pa~
Data~
1~1K-C;
Former police chief brought wrongful termination action against cit ~'
Superior Court, Third Judicial District, Anchorage, Peter A. Michalski, J.,
entered summar Y• The
y judgment for city. Chief appealed. The Supreme Court, Fabe,
J., held that: (1) chief waived protection of just cause requirement for
termination in city ordinance by negotiating clause in his employment contract
which gave city right to terminate him without cause; (2) city~s termination of
chief without 30-day notice was without prejudice to chief as city compensated
chief for entire 30-day period and did not violate chief~s liberty interest; (3)
termination did not violate covenant of good faith and fair dealing; and (4)
chief~s decision not to appear at public meeting called to discuss citizen's
petition to have chief removed constituted waiver of his right to request that
~`y council discuss petition publicly.
firmed.
West Headnotes
(1] Appeal and Error Gag63
30k863 Most Cited Cases
Summary judgment will be affirmed on appeal if there are no genuine issues of
material fact and moving party is entitled to judgment as a matter of law.
[2] Appeal and Error f^~934 (1)
30k934(1) Most Cited Cases
On appeal of grant of summary judgment, all reasonable inferences are drawn in
favor of nonmoving party.
[37 Appeal and Error ~+893 (1)
30k893(1) Most Cited Cases
Supreme Court reviews grant of summary judgment de novo.
[47 Municipal Corporations C~182
ZE 92 Most Cited Cases
Copr. m West 2001 No Claim to Orig. U.S. Govt. Works
r
936 P.2d 126
(Cite asa 936 P.2d 126)
Page 3
Police chief waived protection of just cause requirement for termination in i
ordinance by negotiating clause in his employment contract which gave city right
to terminate him without cause as long as city paid six months severance pay.
(57 Municipal Corporations C~182
268k182 Most Cited Cases
Provision of city ordinance stating that police chief may only be terminated for
just cause is for benefit of parties to employment contract at issue and did not
affect rights of third parties or public generally, and, thus, public policy did
not prevent waiver of ordinance.
(6) EstoppeJ. C~52.10 (4)
156k52.10(4) Most Cite@ Cases
Parties may agree to waive statutory rights unless question of public policy is
involved, or rights of third parties, which statute was intended to protect, are
involved.
[7] Estoppel C~52.10 (4)
156k52.10(4) Most Cited Cases
Statute is waivable if it was designed for protection of individuals who are
parties to contracC, but is not waivable if it was enacted for protection of
public generally.
[83 Municipal Corporations G~182
268k182 Most Cited Cases
City's termination of police chief without 30-day notice in violation of chief's
property interest in notice period was without prejudice to chief as city
compensated chief for entire 30-day period. Const. Art. 1, § 7.
(9) Municipal Corporations @~182
268k182 Most Cited Cases
At-will police chief's property interest in his employment with city was limited
to 30-day notice period required for termination under his employment contract.
Const. Art. 1, § 7.
[10] Constitutional Law ^`'277(2)
92k277(2) Most Cited Cases
Public employee who serves at pleasure of his employer can have no expectatir" '~f
continued employment and does not have property interest in his job. Const. 1,
1, ~ 7.
Copr. m West 2001 No Claim to Orig. U.S. Govt. Works
936 P.Zd 126
(Cite as: 936 P.2d 126)
l Municipal Corporations ~` 182
sk182 Most Cited Cases
Page
City~s termination of police chief under clause of chief's contract a2lowin
termination without cause after citizens accused chief of using excessive force
did not implicate his libert 5 his
for chief's termination and xcessivetforceeaccusations camecfromofficial reason
citizens. Const. Art. 1, § ~, private
[127 Master and Servant G=~30(1.15)
255k30(1.15) Most Cited Cases
Implied covenant of good faith and fair dealing exists in all at-will em lo
contracts.
P yment
[13] Master and Servant a30(1.15)
255k30(1.15) Most Cited Cases
Employer engages in subjective bad faith for purposes of implied covenant of good
faith and fair dealing when it discharges employee for purpose of deprivin
of one of benefits of employment contract.
g him
[ Municipal Corpprations Calg2
26~e182 Most Cited Cases
City~s termination of police chief under clause in his employment contract
authorizing city to terminate him without cause, so long as it gave him 30 days~
notice of termination, did not violate covenant of good faith and fair dealing,
ss city did not discharge him for purpose of depriving him of benefits of
=mployment contract and covenant could not be interpreted to prohibit what is
~xpressly permitted by chief's contract with city.
.15] Master and Servant f°~30(1.15)
S5k30(1.15) Most Cited Cases
ovenant of good faith and fair dealing also includes objective standard under
hich employer must act in manner which reasonable person would regard as fair.
167 Contracts C~168
Sk168 Most Cited Cases
>venant of good faith and fair dealing is implied in every contract in order to
'.fectuate reasonable expectations of parties to agreement, but not to alter
iose expectations.
~~ ~nicipal Corporations C~1g2
Copr. ° West 2001 No Claim to Orig. U.S. Govt. Works
Page 5
936 P.2d 126
;Cite as: 936 P.2d 126)
268k182 Most Cited Cases
Police chief's decision not to appear at public meeting called to discuss
citizen's petition to have chief removed constituted waiver of his right to
request that city council discuss petition publicly. AS 44.62.310(c)(2), (e).
fl8] Administrative Law and Procedure G~124
15Ak124 Most Cited Cases
Actual notice cures any defect in formal notice given under Open Meetings Act.
AS 44.62.310(e).
[19] Pretrial Procedure f°~380
307Ak380 Most Cited Cases
Documents regarding arrest or other police contact with city council members,
mayor or citizens who signed petition seeking his termination were irrelevant in
police chief's wrongful termination action, and, thus, trial court properly
refused to compel discovery of documents, where chief was terminated under
provision of his employment contract allowing his discharge for any reason. Rules
Civ.Proc., Rule 26(b)(1).
[20J Records C~52
326k52 Most Cited Cases
Citizens of city had reasonable expectation that their contacts with police
department would not be publicly disclosed simply because they signed petition
seeking termination of police chief, and, thus, police chief was not entitled
under Public Records Act to inspect documents regarding arrest or other police
contact of city council members, major or citizens who signed petition seeking
his termination. AS 09.25.120(a).
*127 John C. Dittman, Law Offices of John C. Dittman, P.C., and Terry A.
Venneberg, Law Offices of Terry A. Venneberg, Anchorage, for Appellant.
Thomas M. Daniel and Gordon J. Tans, Perkins Coie, Anchorage, for Appellee.
Before COMPTON, C.J., and RABINOWITZ, MATTHEWS, EASTAUGH and FABE, JJ.
OPINION
FABE, Justice.
I. INTRODUCTION
Charles R. Ramsey brought suit against the City of Sand Point, alleging that his
=_mployment as police chief had been wrongfully terminated. The superior court
~ranted summary judgment in favor of the City of Sand Point on all of Ramsey's
~laims, including his claims for breach of contract, breach of the implied
~ovenant of good faith and fair dealing, violation of the Open Meetings Act, a~.u
Copr. m West 2001 No Claim to Orig. U.S. Govt. Works
936 P.2d 126
(Cite as: 936 p,2d 126, *127~ Pag~
olation of his due process rights under the Alaska Constitution.
~peals the superior court's decision granting summar
a motion to * Ramsey
128 compel discovery, we affirm the superiormcourtnd its denial c
II. FACTS
The City of Sand Point (City) hired Charles Ramse as its
199Z under a two-year employment contract. Y
this first contract a In early 1993,paslthecexpirationYof
Troll, began negotiating~acnew contractand The City, through its attorney Tim
employment contract for Ramsey to begin in Ma p9931es executed a three- year
the new contract, Ramsey consulted with his sister, whoDislan attorne~tiation of
wording of the contract. Ramsey sent his sister copies of his first contract,
as well as his rough drafts of a second Y~ about tha
suggestions. contract. She sent back her
Ramsey proposed the addition of a section authorizing the Cit
contract without cause in exchange for six montns~
Ramsey was aware of the municipal ordinance statin Y to terminate his
severance pay. At the time,
removed only for just cause.~~ [FN1 4 that the police chief
"cause~~ to encompass a narrower range ofebehavior Phan~sed b ~~maY be
in the ordinance and re Y Ramsey defined
The City accepted this ~ired thirty days~ written noticeubeforesterminationded
section provided:
proposal and incorporated it into the contract.
This
FN1. Sand Point Municipal Ordinance (SPMO) 03.70.020 provides:
The police chief shall be appointed by the mayor subject to confirmation of
the council. Ais appointment shall be for an indefinite period of time,
depending on his good conduct and efficienc
qualified through training and experience a d shallshave bhetabilitylto
command men. He may be removed only for just cause.
A• In the event Chief is terminaO ed II TERMINATION
cause as defined below during such timestas hetisewillin for any reason besides
the duties of Chief of Police, the City agrees to g and able to
month~s (sic~ pay Chief a severanceeofo lx
PaY• However, if Chief is terminated for cause, which shall be
willful misconduct or gross negligence in the performance of duties
to maintain and/or qualify for certification by the Alaska Police Standards
Council, the severance ~~l or fails
shall provide Chief withathprtVisions of this paragraph shall not a 1
or termination shall y~30) days advance written notice ofpte mination
be deemed ineffective.
In August 1993 the police res onded to
avern concerning an intoxicated a call from the manager of the Sand Point
ntoxicated Person. Two officers were escorting an
patron out of the bar when they apparently were accosted b
atrons, resulting in a brawl. Chief Ramsey arrived at the tavern and assisted
is officers in arresting a number of the citizens present. Following hosher
~C~ ~t, a group of citizens, including those arrested at the Sand Point Tavern,
~r~ :ted a petition in the community calling for the dismissal of Ramsey and
Copr. ° West 2001 No Claim to Orig, U.S. Govt. Works
936 P.2d 126
(Cite as: 936 P.2d 126, *128)
Page
another officer. The petition was signed by approximately 120 residents an '
alleged that Ramsey should be removed from office due to the use of excessive
force in making arrests at the Sand Point Tavern. The petition also stated that
Ramsey had °'created a situation where people will not call the police for help
because they are afraid of the police."
The petition was presented to the city council at the end of its regularly
scheduled meeting on October 18, 1993. In conjunction with the presentation of
the petition, numerous citizens testified that Ramsey should be removed from
office. Ramsey knew that this petition for his dismissal would be presented at
the city council meeting. However, as he later explained in his deposition, he
did not attend the meeting because he did not think it was the proper forum in
which to defend himself against the allegations. After the comments were
finished, the city council adjourned to executive session to discuss the
petition. Later that night the city council meeting was recessed, to re-adjourn
the next afternoon at 3:30 p.m. The next morning the City Attorney, Timothy
Troll, met with both Ramsey and another officer, seeking their resignations.
Although the other officer tendered his resignation, Ramsey refused to do *129
so. [FN2] Troll informed Ramsey that he had a right to be present at the
executive session that afternoon and that he could talk to the council. Ramsey
declined.
FN2. Ramsey apparently declined to resign because if he waited to be fi?'
he would receive six months' severance pay under his employment contrac~'
The city council reconvened in executive session that afternoon and, after
approximately an hour and a half of discussion, went back into public session.
During the public meeting, the council voted to terminate Ramsey pursuant to
Section II.A of his contract. The council agreed to pay Ramsey one additional
month~s pay and to provide one additional month's free housing in lieu of giving
the thirty-day notice of termination required in the contract. The City also
paid Ramsey the additional six months' salary required by Section III.A of his
employment contract, and he accepted this payment.
Ramsey filed suit against the City alleging five claims: (1) breach of his
employment contract by discharging him without cause; (2) breach of his
employment contract by not providing 30 days' notice of termination; (3) breacn
of the implied covenant of good faith and fair dealing; (4) violation of the
Open Meetings Act; and (5) violation of his due process rights under the Alaska
Constitution.
The superior court granted the City~s motions for summary judgment on all five
claims. On the breach of contract claim, the court held that Ramsey had waived
the protection of SPMO 03.70.020 requiring "just cause" for dismissal because,
with full knowledge of the ordinance's protection, he proposed the language that
was inserted in his contract permitting dismissal without cause upon payment of
six months' severance pay. The trial court also held that the City's failur~ `o
give thirty days' notice of termination was cured by its payment of thirty d~
salary and provision of thirty days of housing in lieu of notice. The superior
Copr. ~ West 2001 No Claim to Orig. U.S. Govt. Works
936 P.2d 126
(Cite as: 936 P.2d 126 * pa
. Z29)
',ourt concluded that the City had not breached the implied covenant of good fa
and fair dealing in Ramsey~s contract because the City did not tr
of the benefits of his contract in bad faith or act unfairl Y to deprive ;
held that the covenant could not be read to vary the express termseof~arcontra<
Because Ramsey~s contract expressly authorized termination without cause if the
severance payment was made, the court found that the covenant was not violated.
On the open Meetings Act claim, the trial court held that the city council
meeting was properly noticed. The court found that the council's discussion c
Ramsey~s employment in executive session was proper under AS 44.62.310(c)(2) an
that Ramsey waived his right to request a discussion in public by failing to
appear at the meeting. Finally, the superior court determined that Ramsey~s
only property interest was in the thirty-day notice period required before
termination and in six months' severance pay if the City terminated him without
cause. The superior court reasoned that the City~s payment of seven months~
severance pay removed any prejudice Ramsey may have suffered from the alleged
denial of due process. Ramsey appeals.
III. DISCUSSION
A. Standard of Review
[ll[2][3] Summary judgment will be affirmed if there are no genuine issues of
material fact and the moving party is entitled to judgment as a matter of
In re Estate of Evans, 901 P.2d 1138, 1140 (Alaska 1995
~~ferences are drawn in favor of the non-movin law.
). Al1 reasonable
!1, 1345 (Alaska 1994), This court reviewsgaparty. R.E. v. State, g~g p,2d
..~vo. Tongass Sport Fishing Ass'n v. State, 866 Pr2dt1314summary judgment de
1994). , 131~ n. 7 (Alaska
B. Did Ramsey~s Employment Contract Authorize the City to Terminate Him without
Just Cause?
The superior court found that when Ramsey negotiated the provision in his
contract giving the City the right to terminate him without cause in exchange for
six months~ severance pay, he waived the protection of SPMO 03.70.020, which
allowed removal of the police chief only for just cause. The court found that
*130 [w]hen Ramsey was negotiating his contract with the City he was aware that
the ordinance existed. Nonetheless, he negotiated for and wrote the above
quoted provision, which gave the City the right to terminate him without cause.
In exchange, he received the right to receive six months severance pay if he was
terminated without cause. This amounts to the intentional relinquishment of a
known right.
Ramsey contends that the superior court erred in finding waiver. He concedes
the existence of the contractual provision allowing termination without ~o ~~
but contends that the provision in SPMO 03.70.020 requirin
termination overns. cause
g Ramsey maintains that the City did not)havectheeauthority
to enter into a contract inconsistent with its ordinance, reasoning that the
prohibition against removal of the police chief without '~just cause~~ contained in
SPMO 03.70.020 is for the protection and benefit of the community and can not be
~~ d• Alternatively, Ramsey maintains that even if SPMO 03.70.020 could be
N~, =a, he did not manifest the intent to do so, nor did he engage in any conduct
Copr. ~ West 2001 No Claim to Orig, U.S. Govt. Works
Page 9
936 P.2d 126
(Cite as: 936 P.2d 126, *130)
sufficient to abandon or waive the protections of the ordinance.
1. Did Ramsey waive the protection of the "just cause" requirement in SPMO
03.70.020?
[4) The superior court relied on Milne v. Anderson, 576 P.2d 109 (Alaska 1978),
in finding that Ramsey had waived the protection of the "just cause" requirement
in the ordinance. In Mi1ne, we described the principle of waiver as "the
intentional relinquishment of a known right" and explained that an implied waiver
"arises where the course of conduct pursued evidences an intention to waive a
right, or is inconsistent with any other intention than a waiver." Id. at 112.
Ramsey was aware of the provision in SPMO 03.70.020 aZlowing the City to
terminate the police chief only for "just cause" at the time he negotiated his
second contract with the City. Despite the protection of the ordinance, Ramsey
negotiated for a contract which specifically permitted the City to terminate him
without cause as long as it paid a severance of six months' salary. Ramsey's
contract with the City also defined "cause" as "willful misconduct or gross
negligence in the performance of duties," a narrower definition of the term than
that contained in SPMO 03.70.020. This definition thus increased Ramsey's
opportunity to receive the six months' severance pay upon termination. (FN3]
Ramsey, with the assistance of an attorney, proposed the language contained in
Section III.A allowing the City to terminate him without cause. That language
is inconsistent with retention of the protection of the "just cause" requirement
in the ordinance. Ramsey was paid and accepted the six months' severance p~'
Therefore, the superior court was correct in finding that Ramsey waived the
protection of SPMO 03.70.020.
FN3. When asked why, with knowledge of SPMO 03.70.020, he proposed the
section of his contract allowing termination without cause if the City paid
him six months' severance pay, Ramsey answered that he did not believe that
the ordinance would protect him because he would not have the resources to
fight a termination in violation of the ordinance. Instead, he bargained
for severance pay as a form of Iiquidated damages for any termination
without cause. This contractual exchange of benefits evidences both
parties' intent for Ramsey to waive the protection of the ordinance.
2. Does public poltcy dictate that a waiver of SPMO 03.70.020 cannot be
recognized?
(5) Ramsey contends that public policy prevents the waiver of the protection of
SPMO 03.70.020. He argues that the ordinance reflects a public policy of the
City "that the police chief would not be subject to dismissal on a whim by the
City Council,'° and therefore could not be waived by the contract between Ramsey
and the City. The City responds that SPMO 03.70.020 benefitted only the police
chief and was not enacted to promote any important public interest.
[6](7) Under the well-established rule, "parties may agree to waive statutory
rights unless a question of public policy is involved, or where rights of thi•~'
parties, which the statute was intended to pro*ect, are involved." 17A ' '
Am.Jur.2d Contracts § 256, at 259-60 (1991). Thus, a statute is waivable if'it
Copr. ° West 2001 No Claim to Orig. U.S. Govt. Works
936 P.2d 126 Page
{Cite as: 936 P.2d 126, *131)
~s designed for the protection of the *133 individuals who are parties to the
~ontraet, but is not waivable if it was enacted for the protection of the publi
generally. Id.; s2e, e.g., McAlpine v. McAlpine, 679 So.2d 85, 93 (La.1996
(waiving permanent alimony after divorce); Sanitary CommerciaZ Servs., Inc.Jv.
Shank, 57 Ohio St.3d 178, 566 N.E.2d 1215, 1218 (Iggl) (waiving right to appeal,
State ex re1. Bd. of County Comm'rs v. Board of Directors, 75 Ohio St.3d 611, 6t
N.E.2d 202, 208 (1996) (waiving a statutory claim to equitable division of
assets); and Francam B1dg. Corp. v. Fail, 646 P.2d.345, 348 (Colo.1982J (waivir
statutory requirement that a landlord give a tenant three days~ notice to pay
rent or quit the premises). This test arises from the rule that ~~[wJhere no
principle of public policy is violated, parties are at liberty to forego the
protection of law.... Where, however, the object of a statute is to promote
great public interests, Iiberty, or morals, it cannot be defeated by any private
stipulation.° Griffith v. New York Life Ins. Co., 101 CaZ. 627, 36 p, 113, 117
(1894) (citations omitted).
In a case similar to the present one, the Wisconsin Supreme Court held that
theterms of a contract between the City of Madison and its police officers
prevailed over a city ordinance. The Wisconsin Supreme Court stated:
while it is true ... that parties cannot contract to violate a Iaw or ordinance
that rationale is a general statement which has no bearing where, as here, the
ordinance is a specific one and is targeted at the exact audience with whom the
^ontract negotiations are undertaken. Instead, that restriction must be
mited to situations where the 1aw or ordinance which arguably controls is one
~nich targets a generaZ group, so that it would be against public policy to
allow one sub-qroup, and one sub-group on1y, to escape the operation of the Iaw
by means of a contract.
City of Madison v, Madison Professional Police Officers Ass'n, I44 Wis,2d 576,
425 N.W.2d 8, 14 (1988).
The provision in SPMO 03.70.020 that the police chief may only be terminated for
"just cause~~ is for the benefit of the parties to the contract at issue in this
case and does not affect the rights of third parties or the public generally,
Thus, Ramsey~s waiver of the "just cause" provision in the ordinance is valid.
We affirm the superior court~s grant of summary judgment to the City on this
issue.
C. Did the City+s Termination of Ramsey Violate His Due Process Riqhts?
!81 Ramsey claims that the City violated his right to due process under article
I, section 7 of the Alaska Constitution by terminating him without notice and
without a hearing.
The superior court granted summary judgment to the City on this issue, stating:
The first step in analyzing a due process claim is to determine whether the
plaintiff has been deprived of life, liberty or property as defined under the
Due Process Clause. Breeden v, City of Nome, 628 P.2d 92g, g26 (Alaska Z981).
In the present case, Ramsey had a property interest in continued employment for
the thirty day notice period provided for in the contract. Ramsey also had a
?erty interest in six months severance pay if the City terminated him without
c .~e.
Copr. m West 2001 No C1aim to Orig. U.S. Govt. Works
936 P.2d 126
(Cite as: 936 P.2d 126, *131)
Page 1
Upon terminating Ramsey, the City paid him seven months severance pay. B;
making this payment, the City removed any prejudice Ramsey may have suffereu
from the alleged denial of due process. See Breeden, 628 P.2d at 927.
Consequently, Ramsey~s due process is extinguished, and the City is entitled tc
summary judgment on this issue.
1. Property interest
(9] Ramsey contends that the property interest he held in his continued
employment with the City went beyond the thirty-day notice period set out in his
contract. Ramsey argues that the City deprived him of this property interest
when he was terminated without notice and a pre-termination hearing.
The City responds that Ramsey's contract provided that he could be discharged
without cause upon thirty days' notice, and thus he had no property interest in
continued employment past the thirty-day period.
*I32 f10] A public employee who serves at the pleasure of his employer can have
no expectation of continued employment and therefore does not have a property
interest in his job. Bishop v. Wood, 426 U.S. 341, 344-347, 96 S.Ct. 2074,
2077-2079, 48 L.Ed.2d 684 (1976); Breeden v. City of Nome, 628 P.2d 924, 926
(Alaska 198I). In Breeden the plaintiff had an employment contract terminable
at wi11 upon thirty days' notice. We held that Breeden~s property interest in
continued employment was limited to the thirty- day notice period. Breeden, 628
P.2d at 927; see also Bishop, 426 U.S. at 344-47, 96 S.Ct. at 2077-79 (holding
that public employee :vho serves at pleasure of employer has no expectation o{°
continued employment, and therefore no property interest in job}; Brady v.
Gebbie, 859 F.2d I543, 1548 (9th Cir.1988), cert. denied, 489 U.S. 1100, 109 `
S.Ct. 1577, 103 L.Ed.2d 943 f~989); Roley v. Pierce County Fire Protection Dist.
No. 4, 869 F.2d 491, 494 (9th Cir.1989). Ramsey's contract was at wi11.
Therefore, we hold that Ramsey had a progerty interest only in the thirty-day
notice period required under his contract.
Ramsey was deprived of this property interest without due process when he was
terminated without notice. However, in Breeden we held that the city could
~'remove any prejudice resulting from its denial of due process by ... allowing
Breeden the compensation which he would have been due for that time.^ Breeden,
628 P.2d at 927. In this case, the City compensated Ramsey for the entire
thirty-day period, thus removing any prejudice resulting from the lack of notice.
Thesefore, we affirm the superior court's decision granting summary judqment on
this issue. (FN4]
FN4. Ramsey also claims that the City breached his employment contract when
it failed to give him thirty days' written notice of his termination. He
maintains that by failing to give the required notice, the City°s attempt to
terminate him was ineffective as a matter of Iaw. The superior court was
correct in its finding that the City's breach of the thirty-day notice
provision in Ramsey's employment contract was cured by the City's payment to
Ramsey of thirty additional days of salary.
2. Liberty interest
Copr. ° West 2001 No Claim to Orig. U.S. Govt. Works
936 P.2d 126
(Cite aa: 936 P.2d 126, *132)
Page
?II Ramsey also contends that the City deprived him of his liberty interest
__ecause he was terminated under "a cloud of allegations concerning use of
excessive force, and was not afforded an opportunity to address the charges at z
pre-tezmination hearing.~~ Ramsey, relying on Revelle v. Marston, 89g p.2d 917
(Alaska 1995), argues that the circumstances surrounding his termination
impZicate his liberty interest under the Alaska Constitution.
In Revelle, this court affirmed the superior court's determination that an
employer's negative job evaluation did not infringe upon a Ziberty interest
because it did not impugn the employee~s honesty, integrity or morality. Id. at
926. This court reasoned:
The Ninth Circuit has stated that in order to infringe upon an employee's
Ziberty interest, an employer's negative remarks must belittle the employee's
"worth and dignity as an individual,~~ so as to have "severe repercussions
outside of professional life.~~ Stretten v. Wadsworth Veterans Hosp., 537 F.2d
361, 366 (9th Cir.1976). For example, remarks that impose a stigma of moral
turpitude, such as charges of immorality or dishonesty, intrude upon the Iibert
interest. Negative remarks about an employee~s job performance primarily
affect the employee~s professional life alone, and generally are not considered
so stigmatizing as to harm reputation or foreclose future employment.
Id.
In the present case, a group of Sand Point citizens accused Ramsey of using
P'~^essive force. This accusation does not implicate Ramsey~s liberty interest
ause the accusation directly concerns his professional performance and does
n„~ impugn his honesty, integrity or morality. Further, the charge of excessive
force was made by private citizens, not the City. See Fleisher v. City of Signal
Hi11, 829 F.2d I491, 1495 (9th Cir.1987) (holding that liberty interest
implicated only if the employer creates and disseminates a false and defamatory
impression a.bout the employee in connection with termination), cert. denied, 485
U.S. 961, 108 S.Ct. 1225, 99 L.Ed.2d 425 (1988). The city counciZ cited no *133
official reason for Ramsey~s termination. The council simply voted to exercise
its right to terminate Ramsey~s contract pursuant to the no-cause provision. We
thus affirm the superior court~s decision granting the City summary judgment on
Ramsey~s due process claim.
D. Did the City Breach the Implied Covenant of Good Faith and Fair Dealing in
Ramsey~s Employment Contract When It Terminated Him?
[121(13] An implied covenant of good faith and fair dealing exists in a11 at-
will contracts. ReveZle v. Marston, 898 P,2d gI7, 926 (Alaska 1995). The
covenant has both subjective and objective elements. Luedtke v. Nabors Alaska
DriZling, Inc., 834 P.2d .Z220, 1224 (Alaska 1992). An employer enqages in
subjective bad faith when it discharges an employee for the purpose of depriving
him or her of one of the benefits of the contract. An illustration of this
principle is found in Mitford v. de Lasala, 666 P.2d 1000, 1007 (Alaska 1983),
where this court held that the termination of an at- wi11 employee for the
purpose of preventing him from receivinq a promised share of future profits
v< ted the covenant.
t._,'Ramsey~s employment contract authorized the City to terminate him without
Copr. m West 2001 No Claim to orig. U.S. Govt. Works
936 P.2d i26
(Cite as: 936 P.2d 126, *133)
Page 13
cause, so long as it gave him thirty days~ notice of the termination. This w n
at-will contract and as such, contained an implied covenant of good faith ann-
fair dealing. Ramsey has not claimed that the City discharged him for the
purpose of depriving him of the benefits of his employment contract, as was the
case in Mitford. The only relevant benefits guaranteed to Ramsey-- thirty days~
notice and six months' severance pay--were realized by Ramsey when the City paid
him seven months~ additional salary upon termination. The superior court found
that the subjective element of the covenant was not implicated in this case. We
agree that no genuine issue of material fact has been raised on this issue.
(151 The covenant of good faith and fair dealing also includes an objective
standard, under which the employer must "act in a manner which a reasonable
person wou2d regard as fair." Luedtke, 834 P.2d at 1224. The superior court
found that Ramsey's contract expressly provided that he could be terminated
without cause, and therefore it was not a violation of the covenant of good faith
and fair dealing to tesminate Ramsey without investigating the allegations in the
petition. Ramsey contends that the superior court erred when it granted summary
judgment on his good faith and fair dealing claim because a jury could find that
he was treated unfairly by the City.
(Z67 The covenant of good faith and fair dealing is implied in every contract in
order to effectuate the reasonable expectations of the parties to the agreement,
not to alter those expectations. See Mitford, 666 P.2d at 1007. The covenant
of good faith cannot be interpreted to prohibit what is expressly permitted b-
Ramsey's contract with the City. See Carma Developers v. Marathon Dev.
California, 2 Ca1.4th 342, 6 Ca1.Rptr.2d 467, 485, 826 P.2d 710, 728 (1992).
This conclusion is consistent with our decision in Jones v. Central Peninsula
Gen. Hosp., 779 P.2d 783, 789 (Alaska 1989). There, the plaintiff argued that
it was a violation of the implied covenant of good faith and fair dealing for her
employer to deny her a grievance hearing. We rejected that contention because
the employee manual expressly provided that supervisors were not entitled to the
benefits of the grievance procedure. Id.
Ramsey~s employment contract authorized the City to terminate him for any reason
whatsoever, so long as it paid him an additional six months' salary as severance
pay. As a matter of law, a jury could not find the City's termination without
an investigation violated the implied covenant. Therefore, we affirm the superior
court's grant of summary judgment on this issue.
E. Did the Superior Court Err in Failing to Find violations of the Open Meetings
Act
Far bodies such as the city council, the Open Meetings Act requires: "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....°~
AS 44.62.3I0(e). The *134 Open Meetings Act provides that certain excepted
subjects may be discussed in an executive session that is not open to the public,
including "subjects that tend to prejudice the reputation and character of any
person, provided the person may request a public discussion.° AS 44.62.310(c)!2)
The superior court determined that the city council meeting held on October ~~
Copr. ° West 2001 No Claim to Orig. U.S. Govt. Works
336 P.2d 126 Page
(Cite as: 936 P,2d 126, *134)
s properly noticed with the "date, time, and place of the meeting,~~ as requirc
f AS 44.62.310(e). The court further found that the city council's decision ~
meet in executive session to discuss the citizens' petition was proper under AS
44.62.310(c)(2) and that Ramsey~s decision not to appear at the meeting
constituted a waiver of his right to request that the counciZ discuss the
petition publicZy. In aranting the City~s motion for summary judgment on this
issue, the court emphasized that the council decided to terminate Ramsey during
the public session of the meeting on October 19, 1993.
[17J Ramsey argues that the superior court's conclusion was error. Relying on
University of Alaska v. Geistauts, 666 P,2d g24 (Alaska 1983), Ramsey maintains
that the city council had a duty to notify him that his employment would be
discussed during the council's executive session. In Geistauts we held that th~
"so2e purpose of a notice requirement under AS 44.62.310(c)(2) is to afford the
employee with an opportunity to request a public discussion.~~ Geistauts, 666
P.2d at 429. Thus, the employer in that case was under "the implied statutory
obligation to inform Geistauts of the time and place of a11 meetings in which hi~
application (for tenureJ would be considered and to inform him that he had the
riqht to request that the meetings be open to the public.~~ Id, at 429. Ramsey
argues that the City failed to provide him with this notice and thus violated the
Open Meetings Act. Ramsey~s case is easily distinguishable from Geistauts.
Geistauts was not notified about any of the meetings regarding his tenure, and
th?re is no evidence that he wovld not have attended had he been notified.
iey, on the other hand, knew that the petition would be presented at the
~~~ober 18th meeting and chose not to attend. The City also informed him that
his employment would be discussed during executive session on October I9, and it
extended an invitation to Ramsey to attend that discussion in order to present
his point of view, Again, he chose not to go, (FNSJ
FNS. Ramsey~s testimony clearly demonstrates that he was aware that his
employment as police chief was scheduled to be a topic of discussion at the
council meetings on October 18 and 19.
A I didn~t go to that meeting because I heard there was going to be alI
these people stand up and do whatever they were going to do at the end
regarding this petition, and in my opinion that was not the forum to defend
myself or the police department. So I wasn~t going to sit there and listen
to a11 the hogwash that I was expectinq. .
Q And then the next morning, who did you hear from that the city council
was, in fact, concerning (sicJ terminating your employment?
A Mr. Tro11 came in at some time in the morning. I had been there a while
so it was after I normally go there.... As I recall, I said to him, "Well,
I hear you had a 2ate meeting last night° .., and his response was .
:'We11, I think it's time that we work out an agreeable separation"....
Q When you met
~.nvite you to
~ I believe he
Copr
with Tim Troll that morning of
come appear before the council?
informed me that I had a right,
° West 2001 No Claim to Orig
October I9, did he te11 you or
and asked me did I want to go
U.S. Govt. Works
936 P.2d 126
(Cite as: 936 P.2d 126, *134)
talk to the city council, and I said no.
Page "
(18] While the council did not inform Ramsey that he could request a public
discussion of his employment, Ramsey chose not to attend the meeting, in part
because he did not want the subject discussed publicly.
Q So you didn't go to the council meeting because you thought this group of
people was going to get up and make bad statements about the police department?
A In effect, yes. And I also probably in the back of my mind thought "Well, if
they say things that are either untrue or something that makes me angry, I miqht
say something that's unprofessional", so I would avoid that by not even going.
*I35 Any inadequacy of notice to Ramsey was thus harmless since, as his
testimony made cZear, he chose not to exercise his right to a public discussion
of the issues relating to his employment. See Hammond v. North S1ope Borough,
645 P.2d 750, 765-66 (Alaska 1982). We also note that actual notice cures any
defect in formal notice given under the Open Meetings Act. North State Tel. Co.
v. Alaska Pub. Utils. Comm'n, 522 P.2d ~11, 7Z4 (Alaska 1974) (stating that
"defects in administrative notice may be cured by other evidence that the parties
knew what the proceedings would entail)." fFN6]
FN6. Ramsey also maintains that AS 44.62.3I0(b) was violated. This section
of the Open Meetings Act provides that "action may not be taken at the
executive session." There is conflicting testimony as to whether the
council instructed the city attorney, Timothy Troll, to seek the resigna n
of Chief Ramsey during the executive session on the evening of October lo, `
1993. It is undisputed that Tro11 did seek the resignation of Ramsey after
the executive session was recessed on the evening of October 18, and before
the executive session was reconvened in the afternoon on October 19,
suggesting that such an instruction was given. However Ramsey challenges the
City's decision to terminate his employment, which was done during public
session, not the decision to request his resignation. Therefore, that
violation is not relevant to this appeal.
F. Was the Superior Court's Denial of Ramsey's Motion to Compel Discovery an
Abuse of Discretion?
(19) The superior court denied Ramsey's motion to compel discovery of a11
documents concerning the arrest or other police contact of the council members,
the mayor, and the people who signed the petition to oust him as police chief on
March 24, 1995. Ramsey argues that the superior court erred when it refused to
compel discovery of these documents. Ramsey contends that these records were
discoverable under Civil Rule 26(b)(1), which provides that "(p]arties may obtain
discovery regarding any matter, not privileged which is relevant to the subject
matter involved in the pending action.~~ Ramsey maintains that these records
were relevant, and therefore discoverable, because they would have illustrated
the bias of 8oth those who sought to have him removed from office and those who
decided to remove him from office.
The CiCy maintains that the superior court was correct in denying discovery '~
Copr. ° West 2001 No Claim to Orig. U.S. Govt. Works
936 P.2d 126
(Cite ass 936 P.23 126, *135)
Page
ese docvments because they are irrelevant to the issues in this case. We
_gree. If cause were required under Ramsey~s contract with the City to
terminate his employment, then he might be entitled to such discovery. However,
since Ramsey~s employment contract gave the City the right to fire Ramsey for ar
reason at all, the requested documents are irrelevant. To hold otherwise woulc
be to resurrect the requirement of "just cause" for termination which Ramsey
bargained away.
(20) Ramsey also claims that he is entitled to inspect the requested documents
pursuant to the Public Records Act. The Public Records Act provides in relevant
part:
(a) Every person nas a right to inspect a public record in the state ... except
(6) records or information compiled for law enforcement purposes, but only to
the extent that the production of the law enforcement records or information
(C) could reasonably be expected to constitute an unwarranted invasion of the
personal privacy of a suspect, defendant, victim, or witness....
AS 09,25.120(a). The citizens of Sand Point have a reasonable expectation that
their contacts with the police department will not be publicly disclosed simply
because they signed a petition. The superior court did not abuse its discretior.
in denying discovery of the requested documents, and we therefore affirm the
°•°~erior court~s denial of Ramsey~s motion to compel discovery.
s CONCLUSION
~or the foregoing reasons we AFFIRM the superior court's grant of summary
judgment in favor of the City, disposing of all of Ramsey's claims against the
City. We also AFFIRM the superior court's order denying Ramsey~s motion to compel
discovery.
END OF DOCUMENT
Copr. ° West 2001 No Claim to Orig. U.S. Govt. Works
4
~f' ~ '
' "? ~~
- ~ _-.
- _ ~
t/~e ci f ~
KENA~ SKA
,~~Cla~e wit~i a Pas~ ~c~ wit -~ 1
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
1
l~A
Date: January 26, 2006
To: Charles M. Kopp, Acting City Manager
For: February 1, 2006 Council Meeting
From: IGm Howard, Assistant to the Ciry Manager ~j~4
1'
~~ Lease Application, Lounsbury and Associates, Inc. on Behalf of
Lowe's IiIW, Inc. - Lots A-1 & A-2, Baron Park No. 6
Lowlsbuiy ~nd Associates, Inc. (on behalf of Lowe's, Inc.) l~as submifted a Iease appfication for
the above referenced properties. The project area cousists of approximatety 15 acres Tacing
Marathon Ro1d and borders HEA Access Road to the north. The applicant would need to
purchase private property on the sout~h side for access to Airport Way. The parcels are shown on
the attachcd tnap that was inchided with the lease application.
KMC 21.10.080 states the term shall depend upon the durability of the proposed usc, tl~e amowlt
of investment in iinprovement proposed 3nd made, and thc nature of th~ improvemenf proposeci
with respect to durabiliry a~1d time required to amortize the proposed investmei~t. Lowe's is
proposing a 20-year base lease term with 14 (5-year) options to extend with an option to
purchase. The purpose is to construct a 138,684 square foot~ Low•e's store for home improvemei~t
items as well as a 3],709 square foot Gardeiz Center. The esCimated value of improvements is
$ I5,000,000.
The beginning date for the prop~sed construction is April 2007. The proposed completion date
is Februaiy 2008.
This property is Airport Land buf not included in the Airport Reserve iu the proposed
Supplemental Planning Assessment.
As outlined in KMC 21.10.030 (b)(5), the intended use must comply with the zoning ordinance
and comprehensive plan of the City. KMC 21. ] 0.060 (a) states the Cominission "shali normally
~ consider appiications for specific lands on a frst-come, first-served basis if tl~e Commission
Memo to Charles M. Kopp
January 26.~006
Page 2 of 2
fnds that the application is complete and the use proposed in the application is the highest and~
best use and conforms to the Airport Master Plan and other goals set by the Commission or the
City Council."
At their meeting of .ianuary 25`~, the Planning and 7_.oning Commission made those findings and
unanimousty found thaC the uses listed conform to the zoning ordinance, the Comprehensive
Plan, and the Airport Master Plan. (See the attached memos firom Pianning Administrator
Marilyn Kebschull.) KMC 21.10.060 provides that after Pianning and Zoning approval, the
lease application shall go to the City Council for its consideration.
Cc: Lounsbuiy and Associates, Inc.
Rebecca Croi~kl~ite, Airport ~Ianager
/kh
ACtacl~ments
} ~
, ~~;
~_-.
- ,~
ttieu~af /
KENAI. AIASKA
~
~~I/c~la~e wit~i a Aast, ~~~ wit~i a Fr~ture"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 „~
Telephone: 907-283-7535 / FAX: 907-283-3014 ~~II'~
7992
M~~ ^
TO: Kim Howard, Assistant to City Manager ~~
FROM: Marilyn Kebschull, Planning Administrator ~
DATE: January 26, 2006
SUBJECT: Lease Application, ~ounsbury and Associates, Inc. on Behalf
of Lowe's HIW, Inc. - Lots A-1 & A-2, Baron Park No. 6
At their meeting on January 25, 2006, the Planning & Zoning Commission
reviewed the uses listed on the above-referenced lease application. The
Commission unanimously found that the uses listed conform to the zoning
ordinance, the Comprehensive Plan, the Airport Master Plan and that the
proposed use is the highest and best use for the property. The Commission
recommended lease approval to the Council. The Commission asked that my
memo dated January 18, 2006 be included with their recommendation as
Findings of Fact.
// . ,
!~'(fa9e r~ctlr a A~st, Gc ~rr cviz~~r a F~t~re"
,~~,~;~ ~. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
~ ` Telephone: 907-283-7535 / FAX: 907-283-3014 ~~~~~
-.z,
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. ::..:'.: . . .:::.+_, i992
~ tl~eu~of
KENA~ SKA
M ~ ~
^
TO: Planning and Zoning Commission ~\ ,
FROM: Marilyn Kebschull, Planning Adm
DATE: January 18, 2006
SUBJECT: Lease Application, Lounsbury and Associations, Inc. on Behalf of
Lowe's HIW, Inc. - Lots A-1 & A-2, Baron Park No. 6
The City of Kenai has received a lease application for Lots A-1 and A-2, Baron
Park No. 6. Attached is a copy of the lease application and a memorandum from
Kim Howard outlining the application and the process for approving the
application.
Kenai Municipal Code requires the Planning Commission to determine the
foilowing:
Does the proposed use comply with the zoning ordinance? The
parcels are split-zoned. The majority is zoned CG - General
Commercial. The remaining portion is zoned IL - Light IndustriaP. The
proposed use is a 138,684 square foot Lowe's store for home
improvement and a 31,709 square foot Garden Center with an
estimated value of $15,000,000. These uses are considered retail
businesses. Retail businesses are a permitted use in both zones. The
proposed use complies with the zoning ordinance.
Does the proposed use comply with the Comprehensive Plan? The
2003 City of Kenai Comprehensive Pla~ identifies these parc~f~; in the
Proposed Land Use Plan as Airport industrial. "The Airport i~.~~ustrial
district identifies airport lands reserved for the Kenai Municipal Airport
and its future expansion, and tracts needed for present and future
aviation-related uses and activities. The parceis are identified as
zoned General Commercial and Light Industrial. The City has not
developed nor adopted an Airport Industriai zone. The draft Airport
Lease Application - Lots A-1 & A-2, Baron Park No. 6
Page 2
Supplemental Plan that is under review identifies an Airport Reserve
with similar goals as the Airport Industriai land use. These parcels are
not located in the proposed Airport Reserve, Because the Airport
Industrial land use has not been implemented, the parcels were not
identified as needed in the proposed Airport Reserve, and the
proposed use meets the zoning, it appears that the proposed lease
complies with City's Comprahensive Plan.
• Does the proposed use comply with the Airport Master Pian? The
1997 "Kenai Municipal Airport Master Plan" land use identifies the
parcels as designated for commercial and industrial use. The Airport
Exhibit A map identifies the property as subdivided and available. The
FAA released the land in 1992 for lease or sale for non-aviation
purposes. The use, as noted above, is a commercial use and
complies with the Kenai Municipal Airport Master Plan.
• Is the application complete? Ms. Howard has determined the lease
application is complete.
• Is the proposed used the highest and best use? The highest and best
use is a theory used by appraisers when conducting appraisals. In the
book, "Real Estate Valuation in Litigation~" it is noted that,
"Fundamental to the concept of value is the theory of highest, best and
most profitable use....Highest and best use for land is the use that, at
the time of appraisal is fhe most profitable likely use." In this case,
there has not been an appraisal conducted. The appraiser would look
at uses aliowed by zoning to determine the "highest and best use."
The proposed use, a 138,684 square foot Lowe's store for home
improvement and a 31,709 square foot Garden Center with an
estimated value of $15,000,000 is the likely use and appears to be the
highest and best use at this time because there is no other proposed
use.
• Does the proposed use meet other goals set by the Commission or
City Councii? At this time, the Commission has not set goals for lease
appiications.
Based on this information, it appears the proposed lease complies with the City's
zoning ordinance, Comprehensive Plan, Airport Master Plan, and is the highest
and best use for these parcels.
' J.D. Eaton, M.A.I., Rea/ Estate Valuation in Litigation (American institute of Real Estate
Appraisers, 430 N. Michigan Avenue, Chicago, Illinois 60611, p. 62.
~-5A
N0. 11
1A•7A
~ MAG(C AVE
FOR CITY USE ONLY
Date ~ ~a !~'ima~~ %
Signature
CITY OF KENAI
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
(907) 283-7535 Ext. 223
LEASE APPLICATION
Name of Applicant Lounsburv and Associates Inc
Address: 3161 East Palmer-Wasilla Hi hwa Suite 2 Wasilla AK 99654
Business Name and Address: Lowe's HIW Inc.
1530 Farada Avenue Suite 140 Carlsbad CA 92008
Applicant's Telephone: (9071357-9129
Kenai Peninsula Borough Sales Tax No. (if applicable):
State of Aiaska Business License No. (if applicable): 27027 (atCachedl
I,egal Description: Tract A-1. Baron Park #6 (per Plat #87-35) (attached)
Tract A-2 Baron Park #6 er Plat #8'7-35 aCtached
Purpose of Proposed Lease: Construction of a new L,owe's Home Im rovement
Warehouse.
Term of Proposed Lease: 20 Year Base Term with 14 (5-vear) options to extend with an
option to purchase
Description of Proposed Development (type, construction maCerials, size, etc.) The
warehouse will have 138 684 s uare feet of retail for home im rovement items as well as
a 31 709 s uaze foot Garden Center.
Time Schedule for Proposed Development
• Beginning Date April 2007
• Completion Date (masimum of two yeazs) Februarv 2008
Estimated Value of
APPLICANT'S SIGNA
~
DaYe: ~~~Q~o(p
APPLICANT'S SIGNATURE:
Date:
CITY OF KENA1 ~
LEASE APPLICATION CHECKLIST
(All iTems must bc compieted before application can be accepted.)
Attach a developmenC plan drawn to scale. Drawings do noY need to be prepared by an
archiYect or engineer. Show the Iayout of the lot and the location of all proposed
improvemenYs. The drawings also need to show the following.
1. Existing buildings X
2. Proposed buildings X
3. Parking facilities (how many spaees and location) X
4. SiYe improvements
• Areas to be cleared and method of disposal X
• Proposed gravel or paved areas X
• Landscaping plan
(retention of natural vegetation and/or proposed planting areas) X
5. Building set backs X
6. Drainage plan and method of snow removal X
7. Circulation plan (all entrances, exits and on-site access) X
8. Location of sign(s) - sign permit required X
9. Fencing - permit required if height is over 6' X
10. Curb cuts (where applicable) X
11. Building height _< 50'
12. FAA Form 7460 Notice of Proposed Construction
(For construction of buildings on airport land. This form is to be submitted
to the FAA by the applicant. It caxi be downloaded from Che FAA website
http://www.alaska.Faa. eov/airports. The site has a menu for forms. X
3
CITY OF KENAI
LEASE APPLICATION - CONDITIONS OF ACCEPTANCE
(To be completed by the City)
Kenai Peninsula Borougli Parcel Nos. 043-360-30 (Lot A-11 & 043-360 31 (Lot A 2)
Zoning: Split Zone - General Commercial and Light Indusfrial
Pennits Required:
• Conditional Use Permit ~ No
• Landscape Review Yes
• Building Permit Yes
• Sign Permit Yes
Assessments: None
Insurance Limits Required: $500,000 Limited Liabilitv & Workers Compensation
Construction must begin by: wiChin 2 vears of the date of the leased date
Completion date for major construction: within 2 vears of the date of Che leased date
Planning Commission Anproval
~ -
By: " 2 ~~,~„
C iairman
Date of Approval: ~ ,5- ~> ~ ~
City Council Aunroval
By' Date of Approval:
City Clerk
TAIS APPLICATION WILL BE MADE A PART OF THE LEASE
4
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MEMORANDUM
Date: January 6, 2006
To: City of Kenai
Department of Community Development
From: Tom Adams, P.E.
Project Manager
Subject: Lowe's HIW, Kenai, AK
NWC Kenai Spur Highway and Marathon Road
Kenai Municipal Code (KMC) Title 21
Lease Application (Checklistj
Existing Buiidings. The project area is located on a 15-acre parcel of land (the Property).
The Property is currently undeveloped and forested. The north side of the Property borders
HEA Access Road and an institutional parcel owned by the Alaska State Department of
Natural Resources. To the east lies Marathon Road and undeveloped land that Wal-Mart has
submitted a lease application to the City of Kenai to construct a Supercenter. The south side
of the Property borders nine smaller lots, one of which must be purchased for access to Airport
Way. The lots to the west of the proposed Airport Way access are vacant, while the lots to the
east are commercial properties. Home Depot is located directly south of Airport Way. The
proposed Baron Park Lane would separate the Property to the east from Homer Eiectric
Association. The Property is zoned CG, General Commerciai, which ailows the proposed
uses.
Proposed Buildings. Lowe's HIW proposes to construct a± 139,000 square foot (SF) retail
center for home improvement items. The facility will include a± 32,000 SF garden center.
The proposed store wili face east and have a finish fioor elevation of approximately 100 feet.
Parking facilities. The parking Iot is shown on the site pian. The totai minimum requirement
for off-street parking is 641 spaces per KMC 14.20.250. The design provides 683 standard
and 14 accessibie spaces. Approximately 80% of the parking spaces are located between the
front fa~ade and Marathon Road. Site location, landscaping, Iayout and driveway accesses
are designed to assist in breaking up the appearance of large expanses of parking.
Site Improvements. The site plan indicates the lot will be cleared for the building and paved
parking requirements. Interior islands will be landscaped. Perimeter isfands will be
landscaped for visual screening.
Building setbacks. The site plan accommodates a 50-foot setback from the nearest property
line. However, no setbacks are required for the Property per KMC 14.24.020 and 14.20.120.
w
~"
Lowe's HIW, Kenai, AK
Lease Application
1 /6/2006
Page 2 of 2
Drainage plan and method of snow removal. A storm drainage system has not been
identified in the area. The site will be graded to convey runoff toward the existing drainage
swales. Snow can be plowed to designated temporary snow storage areas in the northwest
and southeast parking lot corners and, when necessary, loaded into trucks and hauled off-site
to an approved snow storage facility.
Circulation plan. Access to the site is provided as shown on the site plan. Primary vehicle
access is from Airport Way as well as two driveways off of Marathon Road. Additional access
is proposed from the HEA Access Road. Deiivery vehicles will primarily use the two driveways
off of the proposed Baron Park Lane. Pedestrian access will be addressed as information
about the existing pedestrian system surrounding the site becomes available. Potential
pedestrian access points are along the Airport Way and northern Marathon Road entrances.
Location of signs. The site plan shows a proposed Lowe's pyion road sign to be located at
the Airport Way entrance. This entrance is located on Lot 1A-4, Baron Park Subdivision No. 3
and is currently privately owned. This property would be replatted with Tracts A-1 and A-2 of
Baron Park Subdivision No. 6 to allow for the sign per KMC 14.20.220, at which time a sign
permit appiication would be submitted. Other signage will be located on the store front.
Fencing. Lowe's has an outdoor sales area for the seasonal display of pfants, soiis and
landscaping materials. This is an open-air area adjace~t to the building enclosed by columns
and fencing complementary to the overall architectural design of the store.
Curb cuts. Curb cuts wili be used at potential pedestrian access points and conform to KMC
14.20.250. Ail other entrances wili be designed with curb returns for site drainage to existing
drainage swales.
Building Height. The building wili be no greater than 50 feet above ground fevel.
FAA Form 7460 Notice of Proposed Construction. Form 7460 was completed in November
2005. The FAA determined that buiiding at or below 65 feet above ground level wouid impart
no hazard to air navigation. See the attached determination for the Property dated December
6, 2005.
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~itdane ~zs~m
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"~lla~~ W~tti a P~St c~~ y w~~ -1
~ ~ ~~~~~~`. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
~ Telephone: (907) 283-7535 1 Fax: (907) 283-3014
_:___,
_ _ _ ,.~
www.ci.kenai.ak.us
tl~e u'fy o f
KENqI, ALASKA MEMORANDUM
~
TO: Mayor and Council Members
FROM: Carol L. Freas, City Cle'k
City of Kenai
DATE: January 23, 20 6
RE: Appeal of Plannirtg 8c Zoning Commission Deniai of an application for a
Conditional Use Permit for cabin rentaLs (short-term rentalsJ and
guide seruice for the property described as Lot 6, Biock 6, VaIhalla
Heights Subdivision Part 5(160 Richfield Drive), Kenai, Alaska.
Application submitted by Larry R. Cartson d/b/a Larry's Guide
Service, 160 Richfzeld Drive, Kenai, Alaska. AppeaT filed by Larry
R Carlson and Wendy J. GoodToe.
A letter of appeal was received on Monday, January 23, 2006 in the above-referenced matter.
KMC 14.20.290(b~(l~, "Appeals - Board of Adjustment" provides,
(1) The Board of Adjustment shall ordinarily set a date for and hold a hearing
on all appeals within thirty (30) days of the filing of the appeal. However, should
the thirfieth day fall on a weekend or a municipal holiday, Yhe hearing may be
scheduled for the next following weekday which is not a municipal holiday under
KMC 23.40.020(a~(1)-(10) and (b). For good cause, the Board of Adjustment may
hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the
time and place of such hearing shall be mailed to all parties interested and to all
property owners within 300 feet of the property involved at least fifteen (15) days
prior to the hearing. Notices to the appeliant and/or applicant for the action or
determination must be sent by certified mail, return receipt requested.
Please set a Board of Adjustment hearing for the above-referenced matter using the following
information:
THIRTY-DAY END DATE Februa 22, 2006
FEBRUARY DATES ALLOWING FIFTEEN
DAYS FOR NOTICING AND WITHIN THE
TAIRTY-DAY PERIOD. February 16, 17, and 21, 2006 (Chambers is
not available on 2/22/06, PZ meeting)
SIXTY-DAY END DATE March 24, 2006
March Meetin Dates March 1 and 15, 2006
Note: Council, in the past, has commented more controversial hearings should be held
separate from council meeting dates.
clf
F ~ru~ry 00
COUNCIt/COMMISSION MEETING CALENDAR
!an 2006
S M T W T F S
~ 2 3 4 5 6 7
~ 8 9 10 II 12 I3 14
IS 16 17 Ig I9 ?0 21
:2 23 24 ?S :6 2'7 28
29 30 31
5
~~
72
Mar 2006
S M T W T F S
I 2 3 4
5 6 7 8 9 10 It
12 13 14 I$ 16 17 IS
19 ?0 2I 22 ?J 24 25
26 27 ?8 29 30 31
1 I2 3
COUNCIL Councll on
MEETING, 7p AglnB, 7P,
Senlor Center
PaAcs &
Recreatlon, 7p, I
Council
Chamban
6 --.~-
~ ~
!~ ___, I
~
Harbor
Commtssion, ~Ibrery
Commission
~ Planning d
2onin Alrport
C
7p, Council ,
7p, Councit
~ g
Commission, ommission,
7p, Councif
Chambers I
Chambers ~ 7p, Councit I
Chambers
~ Chambers
13 14 IS 16
Beautiflcatlon COUNCIL
Committee, 7p, MEETING, 7p,
Coundi Council
Chambers Chambers
~114-
.1~d ~
~~
19 20 21
HOLIDAYICITY
OFFICES
CLOSE~
26 127 (2s
22 23
Pfanning &
Zoning
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7p.Coundi
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3~~
e
10
G~~~~/~~~
~"
17
24
~~
~~~~
4
11
18
25
arc 00
CO[/NCIL/COMMISSYDN MEETING CALENDAR
Peb 2006 Apr 2006 ~ ~ 3 4
S M T W T F S S M T W T F S COUNCIL Council on I
~
~ Z ~ q ~ MEETING, 7P, ~ Aging, lp,
~.
5 6; 8 9 IU I1 ?
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PatksB ...
~9 20 21 _'Z 2J 24 25 16 17 18 19 20 21 2? RecreaUOn ~
2b 27 ?8 23 21 ?5 26 27 '?3 29 Commission, ,
'~~ 7p. Couneii
~~
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~
S 6 7 8 9 ~10 I1
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Librsry
', Planninq &
~ ~
Airport '
Commission. ~ Commission, ~ Zoning ' Commission, ~. ~
7p, CounUl 7p, Councii I Commission, 7p, Council ' ~
Chambars ' Chambers 7p, Council Chambers ~
i
Chambers
i
i
'
L;~-~
~" V~- V- ~
'2 13 14 15 16 '17 18
Beautiflcation ~ CITY COUNCIL
Committee, lp, MEETING, 7P,
Councll Councii
Chambers ~ Chambers
i
19 20 21 22 23 ' 24 25
. Pianning& ~'l5bw~
Zoning
Commission, Ct9n~1~~
~
7p. Council ~j~` ,
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6'J. //f?n,,. y~/~
26 27 28 29 30 31
~
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thea~of /
KENR~ SKA
°Vc"l(a e u~etti a Pas~ Ge w~t~ .-~
9 ~'
210 Fidaigo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMORANDUM
TO: Mayor and Council Members
FROM: Caro1 L. Freas, City Cierk
City of Kenai
DATE: January 27, 20
RE: Appeal of Planning & Zoning Commission Appr'oval of Rezotte of
I9arceLs Located Between SheTl Drive and North Fern Street from
RuraZ ResidentiaZ and General Commercfal to Limited Commercial.
Application submitted by John HammeIman, Chair, PTanning 8c
Zoning Commissiorz, City of Kenai, 210 Fidatgo Avenue, Kenai,
Alaska. Appeal Filed by Heath and Aprit F'uIk.
A letter of appeal was received on Friday, January 27, 2006 for the above-referenced matter.
KMC 14.20.290(b~(l~, "Appeals - Board of Adjustment" provides,
(1) The Board of Adjustment shall ordinarily set a date for and hold a hearing
on all appeals within thirty (30) days of the filing of the appeal. However, should
the thirtieth day fall on a weekend or a municipal holiday, the hearing may be
scheduled for the next following cveekday which is not a municipal holiday under
KMC 23.40.020(a~(1)-(10) and (b). For good cause, the Boazd of Adjustment may
hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the
time and place of such hearing shall be mailed to all parties interested and to all
property owners within 300 feet of the property involved at least fifteen (15) days
prior to the hearing. Notices to the appellant and/or applicant for the action or
determination must be sent by certified mail, return receipt requested.
Please set a Board of Adjustment hearing for the above-referenced matter using the following
information:
THIRTY-DAY END DATE Sunday, Febsuary 26, 2006 (move to
Monda , Februa 29, 2006
DATES ALLOWING FIFTEEN DAYS FOR
NOTICYNG AND WITHIN THE THIRTY-
DAY PERIOD (after 15-day notice
re uiremeat February 16, 27, 21, 23, 24 and 27.
(February 20 - Holiday; February 22 - PZ
meeting).
SIXTY-DAY END DATE Tuesda , March 28, 2006
March Council Meetin Date March 1 and 15, 2006
Note: There were comments from council after the last more controversial hearings that
future hearings of more controversial nature should be held sepazate from council meeting
dates.
F~~rua 0
COUlOICIL/COMMISSION MEETING CALENDAR
,an 2006.._
S M T W T F S
i ? J- 4 S 6~
S 9 10 II 12 IJ I4
IS Ib (7 18 19 20 21
'_2 23 24 ?5 26 27 28
29 30 31
S
.......... IF~-~
7 '1
L
1 Z 3
COUNCIL CouneH on
MEETING, 7p qg~~9~ 7p~
Senlor Center
Parks &
Recrea4lon, 7p, (
Coundl I
Chamban ,
6 / I~ ~
~ O
Harbor
Commission, ~~brary
Commissio Planning & Ai ort
~
7p, CounGl n.
7p, Council ~ Zoning
~ Commission, Commission,
~ I
Council i
~P
Chamben Chambers ! ~
p, Council i
~
Chambers
~ Chambers ~
13 14 IS 16
Beautiflcation COUNCIL
Committee, 7p, MEETING, 7p,
Councii Councii
Chamben I
Chambers
I1~~~
~r~,`
/
p
19 20 21
Houonrrcirv
OFFICES
CLOSED
26 27 28
F~K~ ~~
,3~~ ~~
Mar 2006
S M T W T F S
~ I 2 3 i
5 6 7 8 9 10 II
12 I3 14 IS 16 17 19
19 20 21 22 ?3 24 25
26 27 28 29 30 31
22 23
Planning 8
Zoning
Commission,
7p. Couneii
Chambers
~~7~~~
~ __
17
24
G~I.tr't~~.~
~~~r,~. y-
4
11
18
25
Marc 00
COUNCIL/COMMISSION MEETING CALENDAR
Feb2006 Apr2006 ~ ~ ~ ~
S M T W T f S S M T W T F 5 COUNCII Council on
i 2 7 a ~ MEETING, 7P, I Agin9~ 7P, ~
~
6 7 S 9 10 II ? J 4 5 6 7 8 COUNGL Senlor Center
I3 13 I4 I S 16 17 18 9 10 1 1 12 13 14 I S CHAMBERS
Pafks 8
i9 20 21 ?2 23 24 25 16 i7 18 19 ?0 2t 22 Recreatlon
2G 27 28 23 24 ?5 26 27 ?3 29 Commisslon,
30 '7p, Council
Chambers
S 6 7 8 9 10 I1
Harhor ~~~~ Library Planning & Alrport
( Commissioo, ~'~~, Commission, ~ Zoning Commission, ~
7p, CouneH I~ 7p, Council Commission, 7p, Council .
Chambers ' Cham6ers 7p, Council Chambers '
Chambers
G~
`~"~_. ~-
?2 13 14 IS 16 17 18
Beautifleatlon qTY COUNCIL ~
Committee, lp, MEETING, 7P,
Councll Council
Chambers Cbambers
19 20 21 22 23 24 25
Plannin9 &
Zoning
Commission,
7p. Council
Chambers
. yJ, ///?~l•~~~0
26 27 28 F~ 29 30 31
~
6~~
~~~
xErr~ ~x~oRT coMMissiorr
JANUARY 12, 2006
KENAI CITY COUNCYL CIiAMBER
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: ELECTION OF CHAIR AND VICE-CHAYR
ITEM 4: APPROVAL OF MEETING SUMMARY -- December 8, 2005
ITEM 5: PERSONS SCHEDULED TO BE HEARD
ITEM 6: OLD BUSINESS
-
a. Discussion -- Kenai Peninsula Air Fair
b. Discussion -- Airport Supplemental Planning Assessment Phase 2 Report
and Implementation Plan.
ITEM 7: NEW BUSINESS
a. Discussion -- FY 2007 Budget Preparation
YTEM 8: REPORT
a. Commission Chair
b. Airport Manager
c. City Council Liaison
ITEM 9: COMMISSIONER COMMENTS AND OUESTIONS
YTEM 10: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 11: INFORMATION YTEMS
a. Kenai City Councii Meeting Action Agendas for November 2 and 16, 2005.
b. 11/9 and 12/15/2005 Airport Manager's Monthly Reports.
ITEM 12: ADJOURNMENT
KENAI AIRPORT COMMISSION
JANUARY 12, 2006
KENAI CITY COUNCIL CHA1VlBERS
7:00 P.M.
CHAIR HENRY KNACKSTEDT, PRESID%NG
MEETING SUMMARY
iTEM 1: CALL TO ORDER AND ROLL CALL
Chair Knackstedt called
confirmed as follows:
Commissioners present:
Commissioners absent:
Others present:
the meeting to order at appro~cimately 7:03 p.m. Roll was
J. Zirui, J. Bielefeld, H. Knackstedt, C. Versaw, E.
Mayer, and L. Porter
D. Hazalson
airport Assistant M. Bondurant, Council Mernber L
Swarner, Public Works Manager J. LaShot.
ITEM 2: AGENDA APPROVAL
The Commission was requested to add Casey Madden, Wince-Cortheil-Bryson to Item
5, Persons Scheduled to be Heard.
MOTION:
Commissioner Zirul MOVED to approve the agenda with the addition and
Commissioner Porter SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3: ELECTION OF CHAIR AND VICE-CFIAIR
MOTION:
Commissioner Zuril MOVED to nominate Henry Knackstedt as Chair and
Commissioner Porter SECONDED the motion. There were no objections. SO
ORDERED.
MOTION:
Commissioner Zuril MOVED to nominate Jim Bielefeld as Vice Chair and
Commissioner Versaw SECODiDED the motion. There were no objections. SO
ORDERED.
ITEM 4: APPROVAL OF MEETING SUMMARY -- December 8, 2005
MOTYON:
Commissioner Versaw MOVED to approve the meeting summary as presented and
Commissioner Zirul SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 5: PERSONS SCFIEDULED TO BE HEARD
5-a. Casey Madden, Wince-Corthell-Bryson -- Madden reviewed plans for the
runway and float pond expansion. Discussion followed, including comments as
follows:
• Important to make the pond longer than wider.
• Lighting on the float plane basin landing channel should be added to the
Master Plan for future improvement.
• The turnaround area at the south end should be expanded and a
turnaround or elephant ear midway on the land channei might be as helpful as
widening the entire channel.
MOTION:
Commissioner Porter MOVED the priority for the float plane basin is to (1) lengthen it;
(2) widen the south tumaround and add an elephant eaz at midfield; and (3) widen the
entire length. Commissioner Zirul SECONDED the motion. There were no objections.
SO ORDERED.
YTEM 6: OLD BUSINESS
6-a. Discussion -- Kenai Peninsula Air Fair
Airport Manager Cronkhite reported employee time spent on coordinating the Fair has
become a burden and funding has become more of a problem. Discussion followed
with comments including:
• The Air Fair is important to the City and the Airport.
• If the airport uses the Air Fair for advertising, of what benefit is it to the
airport or airport businesses.
• Suggestion for staff to provide a list of items needing to be accomplished.
• The next Air Fair meeting is scheduled for January 19, 2006, 7 p.m. at
the Airport Operations Building.
MOTYON:
Commissioner Zuul MOVED to add a line item to the budget in the amount of $20,000
for the Air Fair. Commissioner Porter SECONDED the motion.
VOTE:
Zirul Yes Bielefeld Yes Knackstedt Yes
AIRPORT COMMISSION MEETING
JANUARY 12, 2006
PAGE 2
Versaw Yes Maver ~ Yes I Haralson Absent
Porter Yes ~ _ ; I ;
MOTION PASSED UNANIMOUSLY.
6-b. Discussion -- Airport Supplemental Planning Assessment Phase 2 Report
and Implementation Plan.
Knackstedt reported Council had postponed action on the Supplemental Plan until
Jannary 18, 2006. Councii Member Swarner reported Council Member Ross suggested
the final paragraph be changed to read:
"Now, Therefore, be it resolved by the Council for the City of Kenai,
Alaska, that the recommendations in the Kenai Murucipal Airport
Supplemental Planning Assessment Phase 2 report and the
Implementation Plan are hereby accepted for implementation
considerations by the City of Kenai."
Discussion followed related to the Pian and how it would be impiemented.
ITEM 7: NEW BUSINESS
7-a. Discussion -- FY 2007 Budget Preparation
The Commission reviewed the basic budget documents.
TTEM 8: REPORT
8-a. Commission Chair -- No report.
$-b• Airport Manager -- No report.
8-c. City Council L'aaison -- Council Member Swarner reported interviews
with the city manager candidates would be held on Friday and Saturday. Also, the
International City Manager Association (ICMA) contacted the City related to an
exchange and she has volunteered to participate.
ITEM 9: COMMISSYONER COMMENTS AND OUESTYONS
Airport Manager Cronkhite was requested to reseazch and respond to the members
whether a temporary structure could be placed in the long-term tie-down azea and
whether Quonset huts are allowed in the city limits. It was aiso noted, snow removal
on the terminal ramp is 2eft on the ramp.
ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None.
AIRPORT COMMISSION MEETING
JANUARY 12, 2006
PAGE 3
ITEM 11: INFORMATION ITEMS
11-a. Kenai City Council Meeting Action Agendas for November 2 and 16, 2005.
11-b. 11/9 and 12/ 15/2005 Airport Manager's Monthly Reports.
ITEM 12: ADJOURNMENT
MOTION:
Commissioner Bielefeld MOVED to adjourn and Commissioner Zirul SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at appro~mately 9:55 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
AIRPORT COMMISSION MEETING
JANUARY 12, 2006
PAGE 4
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CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
January 11, 2006 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Election of Chair & Vice Chair
c. Agenda Approval
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be roufine and non-controversiai by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so req~iests, in which case the item wi11 be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. '*APPROVAL OF vIINUTES:
a. *December 14, 3905
~ 3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ06-03 - Preliminary Plat - Baron Park 2005 Replat. Plat submitted by Integrity
Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
5. PUBLIC HEARINGS:
a. PZ06-01 - An application to rezone parcels locafed between Ross Street & North Fern
Street as showil on AttachmenT A(on file) from Rural ResidenYial and General
Commercial to Limited Commercial. Applieation submitted by John Hammelman,
Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai,
Alaska.
b. PZ06-02 - An application for a Conditional Use Permit for cabin rentals (short-term
rentals) and guide service for the property deseribed as I,ot 6, Block 6, Valhalla Heighfs
Subdivision Part 5(160 Richfield Drive), Kenai, Alaska. Application submitted by Larry
R. Carlson d/b/a Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. *PZ06-04 - Application for a home occupaCion permit for a daycaze for the property
known as Lot 4, Block 9 Mommsens Subdivision Replat of Addition #1 , (1106 First
Street), Kenai, Alaska. Application submitted by Chazlotte M. Yamada, 1106 First
SYreet, Kenai, Alaska
b. Amendment to Land Use Table- Footnote 10 - Discussion/Set Public Aearing
8. PENDING ITEMS: ~~~
a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Sridge Access Road), from suburban residential to general
commercial. Application submifted by 7ohn Hammelman, Chair, Planning & Zonin~
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
- Property Maintenance Ordinance
- AmendmenY to Land Use Table - FooYnote 19 - Status
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Board of Adjustment Decision of Debbie McKay - Case No. BA-OS-4
b. "Zoning Bulletin" - December 10, 2005
a City of Kenai 2005 Building Permit Report
d. City of Kenai 2005 Planning & Zoning Resolutions Report
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Work Session Immediately Following Regular
Meeting - Development of a Mixed Use Overlay
Zone - Discussion
CYTY OF KENAI
PLANNING & ZONYNG COMMISSYON
CITY COUNCIL CHAMBERS
JANUARY 11, 2006 - 7:00 P.M.
VICE CHAIR NELSON AMEN, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Vice Chair Amen called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present: B. Eldridge, N. Amen, J. Twait, P. Bryson
Commissioners absent: L. Chase
Others present: Council Member Ross, City Planner Kebschull, Department
Assistant Carver, and Contract Secretary B. Roper
A quorum was present.
1-b. Election of Chair and Vice Chair
MOTION:
Commissioner Eldridge MOVED to nominate Nelson Amen as Chair of the Planning
and Zoning Commission. Commissioner Bryson SECONDED the motion.
VOTE:
I Eldridge ~ Yes i Amen ~ Yes ( B son i Yes ~
( Chase ~ Absent i Twait Yes
MOTION PASSED UNANIMOUSLY.
MOTION:
Commissioner Eldridge MOVED to nominate Phil Bryson as Vice Chair of the Planning
and Zoning Commission. Commissioner Twait SECONDED the motion.
VOTE:
Eldrid e Yes Amen Yes Bryson Yes
( Chase ~ Absent ~ Twait
( ~
Yes
MOTION PASSED UNANIMOUSLY.
1-c. Agenda Approval
The following items were requested to add to the packet:
Item 5-a -- Comments from Dale &, Shirley Johnson
Item 12-e -- Commissioner Hammelman's Resignation
MOTION:
Commissioner Eldridge MOVED to approve the agenda adding the lay down items
provided before the meeting and requested UNANIMOUS CONSENT. Commissioner
Bryson SECONDED the motion. There were no objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Bryson MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were
no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- December 14, 2005
Approved by consent agenda.
ITEM 3: SCAEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS
4-a. PZ06-03 - Preliminary Plat/Baron Park 2005 Re-plat. Plat submitted by
Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
City Planner Kebschull explained the following:
• If approved the plat would remove lot lines to create one large parcel from
three pazcels resulting in Tract 1 containing appro~mately 38.224 acres.
• The plat would also vacate the Cricket Drive right-of-way and replace it
with a 60-foot utility easement.
• A ten-foot utility easement is being vacated along the previous lot line
between Lot 1 and Tract C.
• The resulting lot size would meet the requirements for the Light
Industrial zone.
Public water and sewer service is available.
The City of Kenai is the owner of the parcel.
Discussion followed, including the following comments:
• Commissioner Bryson commented he felt the easement was initially
required by Homer Electric.
PLANNING 8v ZONING COMMISSION MEETING
JANUARY 11, 2006
PAGE 2
• Creating a single large tract was logical and would meet the requirements
for the iessee's needs.
• The re-plat indicated a vacation, however the vacation process would
require separate action at the Borough level and if approved, would return to the City
Council for review.
• A vacation requires a plat and the submittal would allow the vacation
process to begin.
Commissioner Eldridge expressed concern regarding the vacation of the right-of-way
on Cricket Drive noting the State could be hard-nosed about requiring access; stated
concerned the owner may not realize the potential problem; stated he understood it
was re-plat but when the vacation came through, he would need to hear from the
owners or lessee the right-of-way was not needed. Kebschuli gave assurance City
administration had taken the issue into consideration.
VOTE:
~ Eldridge ~ Yes I Amen ~ Yes Brvson Yes
Chase ~ Absent ~'I~vait J Yes I
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
5-a. PZO6-O1 - An application to rezone parcels located between Ross Street
& North Fern Street as shown on Attachment A(on file) from Rural
Residential and General Commercial to Limited Commercial. Application
submitted by John Hammelman, Chair, Planning & Zoning Commission,
City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
Kebschull reviewed the staff report included in the packet which provided a history of
the rezone attempt in the area. The following items were also noted:
• The area being considered includes parcels currently zoned Rural
Residential and General Commercial.
• The proposed zone of Limited Commercial would allow a mixture of
residential and commercial uses.
• The Limited Commercial Zone was established to provide transition areas
between commercial and residential districts by allowing low to medium volume
business and had strict development criteria to limit the size of structures as well as
iandscaping with sepazation between uses.
• The City Engineer indicated Kenai Spur Highway access could become an
issue with high density of small lots, however most commercial uses that could
generate high traffic volume require condition use and access should be reviewed
during the conditional use process.
• Staff recommended approval of the rezone.
PLANNING & ZONING COMMISSION MEETING
JANUARY 11, 2006
PAGE 3
Chairman Amen opened the public hearing at 7:25 p.m.
MOTION:
Commissioner MOVED to approve PZ06-03 and Commissioner Bryson
the motion.
Merry Zumwalt, 640 Tern Piace, Kenai, Alaska - Ms. Zumwalt noted she is not
directly affected by the proposal, she could not find any definition of Limited
Commercial zone in the City's website and, she was hesitant until she learned what
the zone would entail.
Kebschull explained where to find the definition on the City's website, read it into the
record, and stated the closest example she could give of a Limited Commercial Zone
would be the area in Soldotna near the hospital where the previous residential homes
were being renovated to become doctor's offices, etc.
Joseph Frank, 450 Phillips, Kenai, Alaska -- Mr. Frank noted the following:
• He has lived at his address for 27+ years and raised three children there.
• He enjoys his beautifui neighborhood and did not want that disturbed by
looking at a business in his backyard.
• Expressed concern with wetland drainage and stated he felt the lots in
the area too small to accommodate a business.
• Traffic safety is an issue too because there had already been many
accidents, near-misses and fatalities.
• Requested the Commission to consider the statements and asked if the
rezone was approved, would the construction company proposed by the Snow's be
allowed.
Kebschull explained the type of business proposed by the Snow's would not be allowed
under the Limited Commercial Zone.
Charles Phillips, 310 Phillips Drive, Kenai, Alaska -- Mr. Phillips stated there was
some controversy in the staff report and asked if the property the Snow's wanted to
rezone was already zoned Rural Residential and General Commercial. Kebschull
stated the lot was zoned Rural Residential. Mr. Phillips indicated he was not for the
rezone and did not think it a good idea.
Thomas Rhyner, 505 Robin Drive, Kenai, Alaska - Mr. Rhyner noted the following:
• His lot would be affected by the rezone (he purchased his home in 1982
and since then there had been three or four other homes built on the cul-de-sac).
• He sent the City an email basically stating the bike path was recently
completed to provide a safe means of bike, foot and other non-motorized travel and to
allow business traffic across the path from a 55 mph highway would be courting
disaster.
PLANNING & ZONING COMMISSION MEETING
JANUARY 11, 2006
PAGE 4
• Expressed concern cvith where the City's water and sewer service ended
and noted his lot did not have that service.
• Some newly established commercial businesses may have high water
volume use or could deal with gas products which can pollute the ground water.
• Motorized off-road vehicles may end up using the bike trail if businesses
are allowed to build on the north side of the Spur Highway.
• He did not support the idea and feit it a lawsuit waiting to happen.
Shirley Johnson, Kenai, Alaska -- Mrs. Johnson stated her residence as Fern Street
and had already sent the City a letter regarding the rezone. Johnson asked if someone
built on the lot in front of hers, would the City maintain her road; if so, then it would
cost the City a lot of money. Johnson stated her strong opposition to the rezone.
Jim Montgomery, 535 Wortham Avenue, Kenai, Alaska -- Mr. Montgomery noted
the following:
• His property is situated just off of Ross Street and back in behind the
azea affected by the rezone.
• He believes the rezone a bad idea with the current road and noted that
during the fall construction, traffic was backed up quite a distance and it is difficuit to
get out on the Spur Highway right now.
• Expressed concern with the fact there is no water or sewer in the azea
and feazs disposal issues from businesses as well as concern related to contamination
of water weils from businesses that may go in there.
• He is definitely against the rezone.
April Falk, 561 Wortham Avenue, Kenai, Alaska -- Ms. Falk noted the following:
• Her property abuts the large parcel from Ross on the opposite side of
Thompson Park.
• She has been at her property since 2003 and the rezone did not matter
to her.
• She feels the area is changing anyway and other businesses may stop the
illegal snow machine and four-wheeler traffic.
• She is open to the rezone and feels the City of Kenai could use new
businesses.
• Suggested the type of allowable businesses be clearly outlined to alleviate
any concerns other neighbors may have.
Don Pearce, 155 Richfield Drive, Kenai, Alaska -- Mr. Pearce stated the comment
made earlier about the zoning was contradictive as it would not allow commercial lots,
car dealerships or repair facilities, however a transmission shop is currently in the
azea. Pearce asked if that business would be allowed to continue and Kebschull
explained the Land Use Table and noted it lists the permitted uses in the zones within
the City of Kenai, the transmission shop is a nonconforming use, meaning it may
continue, and, if the Snow transmission business leaves the property, a new
transmission business could not go in. Peazce stated he would not have an issue if
PLANNING & ZONING COMMISSION MEETING
JANUARY 11, 2006
PAGE 5
the businesses would not create excess traffic, however expressed concern with the
traffic on the highway and stated he would not want to see traffic iights go in.
Commissioner Bryson clarified that if a business is non-conforming and they
discontinued operation their approval would lapse. However, if the business would be
sold to another individual then, the use would continue as a non-conforming use.
Joseph Frank, Kenai, Alaska - Frank asked why the City wanted to go through the
entire stretch of the Spur Highway rather than just where the non-compliance
commercial buildings e~cist. Frank noted, only residential homes eacisted from the One
Stop on.
Alan Bryant, 4380 Eagle Rock Road, Kenai, Alaska -- Mr. Bryant stated all the lots
in his area as residential except for the one straight across from Eagle Rock. Bryant
asked why the area was suddenly deemed a commercial area when it was already
residential by nature. Bryant also asked what affect the rezone would have on tax
revenue on his lot. Kebschull replied, in the past when the Borough's Assessment
Office was asked this question they could not respond. However, some of those lots
zoned General Commercial are viewed as residential lots.
Tom Rhyner, Kenai, Alaska -- Mr. Rhyner noted the area known as Sixngate Park
Subdivision has covenants and if the rezone is approved, would that mean the City
would negate the covenants having to do with residential housing. Kebschull
explained, the City does not enforce or recognize covenants. Rhyner asked if they
would have to hire a lawyer and sue the City and Kebschull replied, covenants are
specifically for owners in the subdivision and the City does not enforce them. Ryhner
asked why the City would rezone something that would go against their covenanYs.
Kebschull replied, the covenants are not recognized.
Chairman Amen closed the public hearing at 7:55 p.m.
Eldridge noted the following:
• The reason for the Limited Commercial Zone was to put a buffer betcveen
a commercial development and a residential development and still allow residential
use of those properties.
• One concern was the potential development of strip malls along the Spur
Highway and the new zone would limit the size of a structure and require a buffer
between residential neighbors.
• The new zone would assure the Spur Highway to be more attractive.
• DOT has plans to make the highway four lanes between Sport Lake Road
and Swires Road within the next two years.
Bryson noted, frontage lots and those along Fireweed by Thompson Park aze zoned
Commercial and because only four Commission members were present, one vote
would defeat the issue.
PLANNING 8v ZONING COMMISSION MEETING
JANUARY 11, 2006
PAGE 6
Amen asked staff about the road maintenance and snow removal issue raised by a
resident and Kebschull explained, the City will not be responsible and anyone
purchasing a lot would be responsible for road maintenance. Bryson asked if that
answer was specific to Shirley Johnson's question and if the road was private or in a
right-of-way. Kebschull replied, the answer was in response to Mrs. Johnson's
question and the road is on a dedicated right-of-way.
Eldridge suggested the lots off Eag1e Rock Drive, Sandpiper Lane and Robin Drive
where there are specific residential areas, should perhaps remain residential and not
be rezoned.
Amen expressed desire for postponing the issue when a full Commission would be
present and explained the reason to the public.
MOTION:
Commissioner Bryson MOVED to postpone PZ06-O1 and Commissioner'I~vait
SECONDED the motion.
VOTE:
Eldrid e Yes Amen Yes B son Yes
Chase Absent 'I~,vait Yes
MOTION PASSED UNANIMOUSLY.
Amen explained the appeal process noting anyone wishing to appeal the decision
could do so in writing within 15 days to the City Clerk.
Kebschull advised that the City will re-advertise and new notices will be sent out when
the issue is once again before the Commission.
5-a. P206-02 - An application for a Conditional Use Permit for cabin rentals
(short-term rentals) and guide service for the property described as Lot 6,
Block 6, Valhalla Heights Subdivision Part 5(160 Richfield Drive), Kenai,
Alaska: Application submitted by Larry R. Carlson d/b/a Larry's Guide
Service, 160 Richfield Drive, Kenai, Alaska.
Kebschull noted the following:
• The applicant is applying for a Conditional Use Perniit to offer lodging
during the months of May, June and July in conjunction with a guide service.
• The home may be rented during other months for special events.
• The City received a complaint from a neighbor in the azea advising they
thought the owners of the property were operating a guide business and a bed and
breakfast.
• A letter was sent to the registered owner advising that zoning required a
Conditional Use Permit to operate a business from that property.
PLANNING & ZONING COMMISSION MEETING
JANUARY 11, 2006
PAGE 7
• Ms. Wendy Goodloe (Mr. Carlson's wife) called and said they met clients
at the location and stored boats there. Ms. Goodloe was provided with information on
the process for applying for a Conditional Use Permit.
• Because guests are met at the location for the guiding business, the
applicant should also apply for a permit to operate a guide service. Goodloe noted
they normally operate out of Deep Creek in May and then Poachers Cove in June and
July. The boat is stored at the Richfield address during the off-season.
• The list of items the Commission must determine along with staff input
was provided in the packet.
• The City Engineer noted parking, snow storage, boat storage, etc., was
adequate, however the applicant must assure compliance with ADEC regulations for
on-site water supply and wastewater disposal.
• Staff recommends approval with the requirements of submitting a State
of Alaska Business License and compliance with KPB sales and property tax
requirements; provide proof of a fire inspection; and, provide a copy of tenant rules
that limit activities of guests to those consistent with residential areas.
Amen pointed out an error on the as-built survey, i.e., the lot in question is Lot 6 and
the lot on the left shouid be Lot 5. Kebschull confirmed that it was.
MOTION:
Comrnissioner Twait MOVED to approve PZ06-02 to include staff recommendations.
Commissioner Bryson SECONDED the motion.
Chairman Amen opened the public hearing.
Loretta Pearce, 155 Richfield, Kenai, Alaska -- Mrs. Pearce noted the following:
• She felt her neighborhood was under siege with the rezone issue and this
application for the Conditional Use Permit.
• She lives directly across from the property and has had many people on
occasion come to her for assistance, including jumping vehicles, phone usage, etc.
• Guests cut through her property to take firewood, leave trash at the
mailboxes, and have even left fish hanging on her door inviting bears to her property.
• Stated her concern the individuals do not follow the rules and the type of
persons who may rent the house are not known which could be a pedophile.
• Expressed concern for her children's safety and traffic issues.
Don Pearce, 155 Richfield, Kenai, Alaska -- Mr. Pearce noted his concerns as
follows:
• Safety of their neighborhood and his children.
• Increased traffic -- there aze several vehicles parked in the road by the
mailboxes.
• The guests leave trash and beer cans in the area and do not clean up
after themselves.
PLANNING & ZONING COMMISSION MEETING
JANUARY 11, 2006
PAGE 8
• The bear problem is of major concern and Fish & Game have set traps in
his property.
• They do not know the people who will rent the house which could include
pedophiles or crooks.
• He does not want a commerciai fishing operation across the street from
his house because of his children and dogs.
Joseph Frank, 450 Phillips, Kenai, Alaska -- Mr. Frank stated his grandchildren
play in the lot owned by his daughter which is adjacent to the applicants lot; the
guests complained the kids who were playing in their own yard were too noisy; the
owners do not caze about the place; and, he is against the application.
Sharell Russell, 4220 N. Dogwood, Kenai, Alaska -- Ms. Russell noted the following:
• She was in when Capt. Bligh wanted to do cabin rentals and he has
since sold his business.
• Asked if the new owners would have to come back for a new Conditional
Use Permit and Kebschull responded, if the business was sold, the Conditional Use
Permit could be transferred as long as the use remains the same.
• She was really hoping to not have anymore guiding services in their
private neighborhood and that type of business definitely affects the property values.
• The guide clients fly down the roads creating a lot of dust and traffic
hazards.
• She is very much against the application.
Loretta Pearce, 155 Richfield, Kenai, Alaska -- Mrs. Pearce asked how the residents
of the area would be notified if the application was approved or not approved and
reported the guide service has campfires in their yard and fish cleaning takes place.
Kebschull expiained, if the Commission decides at this meeting Pearce would know the
outcome and, regardless of how the Commission votes, there is a 15-day appeal
process. If an appeal is filed, the neighbors would be notified.
Chairman Amen closed the public hearing at 8:25 p.m.
Bryson e~cpressed concern with the bears noting that those types of businesses do
attract them and, special, lock-in trash bins could be appropriate for these residential
areas. Eldridge expressed concern for the neighborhood and noted he would not
support the approval of the application.
VOTE:
Eldrid e No Amen No B son No
( Chase ~ Absent
~
'itvait ~
No ~
~
~
MOTION UNANIMOUSLY FAILED.
ITEM 6: OLD BUSINESS -- None.
PLANNING 8v ZONING COMMISSION MEETING
JANUARY 11, 2006
PAGE 9
ITEM 9: NEW BUSYNESS
7-a. P206-04 - Application for a home occupation perrnit for a daycaze for the
property known as Lot 4, Block 9 Mommsen Subdivision Replat of
Addition #1 8v #2, (1106 First Street), Kenai, Alaska. Application
submitted by Charlotte M. Yamada, 1106 First Street, Kenai, Alaska.
Approved by consent agenda.
1-b. Discussion/Set Public Hearing -- Amendment to Land Use Table -
Footnote 10.
Kebschuli referred to a memorandum regarding the Land Use Table and Footnote 10
included in the packet. She explained:
• When reviewing the Land Use Table, it was noted that churches are
permitted in several zones, some with Footnote 10.
• The table is inconsistent in that it requires the footnote for the General
and Central Commercial zones but not the Limited Commercial zone.
• Churches are conditional in the industrial zones.
• The City Attorney recommends an amendment to provide consistency in
the commercial zones.
• The Commission may want to consider removing the conditional use
requirement in the Light Industrial zone since this zone is located similarly to the
General Commercial zone.
After general discussion, the Commission's consensus was to schedule a public
hearing to amend the Land Use Table and remove Footnote 10 from the General
Commercial and Central Commercial zones, and to remove the conditional use
requirement from the Light Industrial zone.
ITEM 8: PENDENG ITEMS
8-a. PZ05-16 - An application to rezone the area known as Tract C,
Daubenspeck Froperty Subdivision, (170 Bridge Access Road), from
suburban residential to general commercial. Application submitted by
John Hammelman, Chair, Planning 8s Zoning
ITEM 9: CODE ENFORCEMENT -- None.
ITEM 10: REPORTS
10-a. City Council -- Council Member Ross noted the action agenda for the
January 4 meeting was included in the packet.
10-b. Borough Planning -- Commissioner Bryson provided a brief report on
PL,ANNING 8v ZONING COMMISSION MEETING
JANUARY 11, 2006
PAGE 10
action taken at the December 12, 2005 and January 9, 2006 Borough Planning
meetings.
10-c. Administration -- Kebschull reported the following:
• Discussion was held regarding a Property Maintenance Ordinance which
would dictate how vacant buildings are maintained in the City of Kenai. It was noted
that several of these items aze covered in the Universal Building Code. These relevant
items will be pulled from the Building Code and once a decision is made on how to
proceed the issue will come before the Commission for a public hearing.
• The amendment to the Land Use Table, Footnote 19 will be on the
agenda as a public hearing at the next Planning 8c Zoning meeting.
ITEM 12: INFORMATION YTEMS
12-a. Board of Adjustment Decision of Debbie McKay - Case No. BA-05-4
12-b. "Zoning Bulletin" - December 10, 2005
12-c. City of Kenai 2005 Building Permit Report
12-d. City of Kenai 2005 Planning & Zoning Resolutions Report
ITEM 13: COMMISSION COMMENTS & OUESTIONS
Commissioner Eldridge stated he felt consideration should be given to not rezoning the
residential areas at Eagle Rock and Robin Drive.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at appro~cimately 8:40 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING 8c ZONING COMMISSION
JANUARY 11, 2006
MEETING
PAGE 11
~
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
January 25, 2006 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Swearing in of New Commissioners
a Agenda Approval
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Gonsent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *January 11, 2006
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ06-OS - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that Title 14 be amended by eliminating from the
Kenai Zoning Code Land Use Table (KMC 14.22.010) Footnote 19 that requires some
conditional uses in the Rural ResidEntial 1 and Suburban Residential zones to have
ingress and egress to the Kenai Spur Highway.
b. PZ06-06 - An application for an Encroachment Permit for a side yard setback for the
properCy known as Lot 9A, VIP Park EsYates - Alexander Replat (2655 WaYergafe Way),
Kenai, Alaska. Application submiYted by Richard Alexander, 2655 Watergate Way,
Kenai, Alaska.
c. PZ06-07 - An application to rezone a portion of Tract A-1B Petersen Subdivision
Addition No. 3(606 Petersen Way), Kenai, Alaska, from Conservation to Historic
Townsite. Application submitted by Peter Klauder, 606 Petersen Way, Kanai, Alaska.
d. PZ06-08-An application for a Conditional Use Permit for an Off-Site Catering Business
far the property described as KN T06N Rll W S 34 NWl/4 SWl/4 SWl/4 NEl/4 (601
Dauidson Street), Kenai, Alaska. Application submitted by Robin BeDunnah dba as
Heavenly Delights, P.O. Box 26~6, Kenai, Alaska.
6. OLD BUSINESS:
a. PZ06-Ol - An application to rezone pazcels located beYween Ross Street & North Fern
Street as shown on Attachment A(on file) from Rural Residential and General
Commercial to Limifed Commercial. Application submiCted by John Hammelman,
Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai,
Alaska. (Postponed from 1/11/06.) ~ ~ ~
~. NEW BUSINESS:
a. Lease Application - Lounsbury and Associates, Inc. on Behalf of Lowe's HIW, Inc. -
Lots A-I & A-2, Baron Park No. 6- Discussion and Recommendation.
b. Annual Report - ExCraction of Natural Resources - Discussion
S. PENDING ITEMS:
a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled)
9. CODE ENFORCEMENT:
a. 2005 Code Violations Summary
10. REPORTS:
a. City Council
b. Borough Planning
a Administration
(i.) 2005 Yearly Conditional Use Permit Report
11. PERSON5 PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Reappointment letters - Commissioner Amen, Commissioner Eldridge, and
Commissioner Twait
b. "Zoning Bulletin" - December 24, Z005
c. Planning & Zoning Commission Roster
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Work Session Immediately Foilowing Regular
Meeting - Development of a Mixed Use Overlay
Zone - Discussion
CYTY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JANUARY 25, 2006 - '7:00 P.M.
CHAIR NELSON AMEN, PRESIDING
MYNUTES
ITEM 1: CALL TO ORDER
Chair Amen called the meeting to order at 7:00 p.m.
1-a. Roli Call
Roll was confirmed as follows
Commissioners present: J. Twait, N. Amen, P. Bryson, L. Chase, B. Eldridge
Others present: Council Member Ross, City Planner Kebschull, Department
Assistant Carver, Building Official Springer, Scott Romain,
and Contract Secretary B. Roper
A quorum was present.
1-b. Swearing in of New Commissioner
City Planner Kebschull administered the oath of office for newly appointed
Commissioner Scott Romain. Commissioner Romain took his seat on the dais.
1-c. Agenda Approval
The following items were added to the agenda:
Item 5-b -- Comments from Leslie and Betty Strickler
Comments from Irving and Randi Smith
Item 5-d -- Letter from D. Cheney McLennan regarding sublease for Heavenly
Delights
Letter from Robin BeDunnah requesting postponement of action until
February 8, 2006.
Item 6-a -- Comments from Mary Ellen Anderson
Item 7-c -- P&Z Resolution amending KMC 14-20-290 - Appeals
MOTION:
Commissioner Eldridge MOVED to approve the agenda adding the additional items
provided before the meeting and requested UNANIMOUS CONSENT. Commissioner
Bryson SECONDED the motion. There were no objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Eldridge MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Commissioner'I`wait SECONDED the motion. There were
no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- January 1 l, 2006
Approved by consent agenda.
ITEM 3: SCIiEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS -- None.
ITEM 5: PUBLIC HEARINGS
5-a. PZ06-OS - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council that Title 14 be
amended by eliminating from the Kenai Zoning Code Land Use Table
(KMC 14.22.010) Footnote 19 that requires some conditional uses in the
Rural Residential 1 and Suburban Residential zones to have ingress and
egress to the Kenai Spur Highway.
Kebschull reviewed the draft resolution included in the packet and provided further
explanation for the purpose of removing Footnote 19.
MOTION:
Commissioner Bryson MOVED to approve PZ06-OS and Commissioner Eldridge
SECONDED the motion.
Chair Amen opened the public hearing. There were no comments and the public
hearing was closed.
Commissioner Eldridge noted the Depart of Transportation determines access from the
Spur Highway and he believed the amendment appropriate.
VOTE:
I Twait Yes Romain Yes Amen Yes
Bryson Yes Chase Yes Eldrid~e Yes
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
PAGE 2
MOTION PASSED UNANYMOUSLY.
Amen explained the appeal process noting anyone wishing to appeal the decision
could do so in writing within 15 days to the City Clerk.
5-b. PZ06-06 - An application for an Encroachment Permit for a side yard
setback for the property known as Lot 9A, VIP Park Estates - Alexander
Replat (2655 Watergate Way), Kenai, Alaska. Application submitted by
Richard Alexander, 2655 Watergate Way, Kenai, Alaska.
Amen reminded the Commission of the additional information included prior to the
meeting for this item.
Kebschull noted the following:
• The application is for an encroachment permit for a side yard setback.
• In December, 2005 the Building Official noticed an addition to the house
and a carport had been constructed without a permit. The applicant was notified of
the violation.
• During the application process, it was noted the carport was constructed
into the side yard setback creating an appro~mate 11-foot encroachment.
• The carport was built with wooden posts embedded in concrete. The
distance of the post nearest to the property line is 3 ft. 2 in., however the
encroachment is actually 11 ft. 10 in., which is larger than what the applicant shows
on the application.
• If the applicant had applied for a building permit, he would have been
advised of the buiiding setback.
• Inasmuch as the carport does not seem to have affected the adjoining
property owners, the encroachment seems excessive.
• Staff recommended the request be denied. However, if approved, then
staff recommended the following
-- The permit be limited to the carport as constructed.
-- No further construction on the structure be permitted, including
additions that would increase the non-conformity of the structure.
-- That the carport must be maintained as a carport and may not be
enclosed as a garage or other residential structure.
• Original photos are available for review.
• Adjoining property owners, Leslie and Betty Strickler paid for a survey.
MOTION:
Commissioner Eidridge MOVED to approve PZ06-06 and Commissioner Romain
SECONDED the motion.
PLANNING 8c ZONING COMMISSION
JANUARY 25, 2006
PAGE 3
Amen opened the public hearing at '7:10 p.m.
Leslie Strickler, P.O. Box 2678, Kenai, Alaska -- Mr. Strickler noted the following:
• He owns the property that is encroached upon.
• Feels any further construction would take awaq from the appearance of
his lot.
• Mr. Alexander admitted to violating the setback requirements when he
submitted the application.
• Requested the Commission deny the application.
Richard Alexander, 2655 Watergate Way, Kenai, Alaska -- Mr. Alexander noted the
following:
• He did build and noted that he got in a hurry. He had the paperwork for
the permit but had limited time so went ahead with the project.
• He turned the project just before he drilled the holes for the posts, which
he admits if he had the permit he would have known he was encroaching.
too close.
He assumed the iot line at the far end was further away so he moved it
• He felt the view would not be changed if he moved the carport 11 feet.
• He intends to add on to his home with a permit this summer and at the
same time was planning to enclose the carport to make it look like the house.
• He appreciates the permit if granted and was not sure what to do with
the building if it would not be approved.
With no additional comments, Amen closed the public hearing at 7:20 p.m.
Commission reviewed the original photographs and discussion followed with
comments including:
• When asked if there were any other encroachments or variances granted
for Mr. Alexander's property, Kebschull reported there were not.
• If the application was denied, Alexander's option would be to file an
appeal to City Council. If the application is denied at that level, the City would then
require the structure to be moved.
• The lot on one side of Alexander is vacant and the Strickler's own the
vacant lot.
• Asked if there were any recent encroachments to this degree, Kebschull
noted there had been some within five feet, however, with different zones there are
different setbacks and the amount of encroachments vary.
• Bryson noted there was one encroachment application denied when an
adjoining property owner objected; Planning and Zoning approved the encroachment;
the issue was appealed; the Commission's action was overturned.
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
PAGE 4
VOTE:
'I~,vait No Romain No Amen No
B son No j Chase No Eldrid e No '
MOTIOId UNANIMOUSLY FAILED.
Amen explained the appeal process noting anyone urishing to appeal the decision
could do so in writing within 15 days to the City Clerk.
MOTION:
Commissioner Bryson MOVED to recommend the findings of fact as stated by staff be
attached to this item and requested UNANIMOUS CONSENT. Commissioner Eldridge
SECONDED the motion. There were no objections. SO ORDERED.
5-c. PZ06-09 -- An application to rezone a portion of Tract A- iB Petersen
Subdivision Addition No. 3(606 Petersen Way), Kenai, Alaska, from
Conservation to Historic Townsite. Application submitted by Peter
HIauder, 606 Petersen Way, Kenai, Alaska.
Kebschull provided a brief summary of the purpose of the rezone application and
noted the following:
• The proposed rezone would eliminate a split zone situation; the area
would be rezoned from Conservation to Townsite Historic.
• The record was not clear why there is a split zone, but it may be the
zones were delineated by the Spruce Street/Westward Street right-of-ways.
• The applicant intends to continue to operate commercially and hopes to
expand the use of the property.
• All new development in the Townsite Historic Zone would be reviewed
and approved to insure the integrity of the zone is maintained.
• Staff recommended approval.
MOTION:
Commissioner Eldridge MOVED to approve PZ06-06 and Commissioner Romain
SECONDED the motion.
Amen opened the public hearing
Father Thomaa tHndrew, Kenai Russian Orthodox Church, Kenai, Alaska -- Father
Andrew noted the following:
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
PAGE 5
• He is not against development in Kenai, but was concerned further
construction in Old Towne would take away from the Church and Chapel.
• Noted visitors from all over visit the Church and Chapei.
• Additional construction would change the scenery of Old Towne and the
behavior would change.
• Requested the Commission keep the area zoned Conservation.
Peter Klauder, 606 Peterson Way, Kenai, Alaska -- Klauder stated the following:
• He is the owner of the property with the split zone and runs an
architectural firm from the location.
• He values the tourists who visit as well as the history of Old Towne.
• Noted the apartment buildings built in the area do not add to the flavor
in Old Towne.
those values.
Shares the values and anything he would do on the site would reflect
• Development causes change and change will happen, whether it is a
change for the better or worse.
• He hopes that thoughtful development in the Old Tocvne district could be
a positive thing for Kenai and the residents in the area.
• Anything he chooses to do in the future on the site would have to be
approved by the City of Kenai and the public would have an opportunity to comment
at that time.
• He wi11 be respectful of the process.
• When he purchased the property, he did not realize there was a spiit
zone right through his building.
• Appreciated the Commission's consideration.
Bryson asked if the adjoining property, Lot 1-A, owned by Peter Mysing, also had a
split zone lot and Kebschull confirmed that it was a split zone lot.
Becky Tromblee, 510 Mission, Kenai, Alaska -- Tromblee stated the following:
• She understands why the property has a split zone because of the bluff.
• She is concerned about the biuff, even though it is not eroding at this
area and at this time any construction or building may damage it.
• There is a meandering stream through the flats which is an essential
pazt of Old Towne and she does not want to see that disturbed.
• Requested the Conservation Zone remain in place.
With no further comments, Amen closed the public heazing at'7:40 p.m.
Commission discussion followed, including comments as follows:
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
PAGE 6
• Asked if staff would describe the area toward the Cook Inlet, the
vegetation type and how active it is, Kebschull replied she did not have the expertise to
do so.
• Bryson stated he noted the bluff is not eroding and the present owners
are careful not to impact the area.
• Asked if the properties in that area are affected by the new overlay,
Kebschull noted spiit lots would need to be considered when reviewing the overlay.
• Because the bluff is vegetated and the drainage area is protected,
Eldridge feit the bluff was not impacted by the Cook Inlet.
VOTE:
Twait Yes Romain Yes Amen Yes
B son Yes Chase Yes Eldrid e Yes
MOTION PASSED UNANIMOUSLY.
Amen explained the appeal process noting anyone wishing to appeal the decision
could do so in writing within 15 days to the City Clerk.
5-b. PZ06-08 -- An application for a Conditional Use Permit for an Off-Site
Catering Business for the property described as KN T06N R11W S 34
NW1/4 SWl/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska.
Application submitted by Robin BeDunnah dba as Heavenly Delights,
P.O. Box 2676, Kenai, Alaska.
Kebschull explained the application is for a Conditional Use Permit and summarized
the application process. The following was noted:
• The applicant plans to operate her business at the location she leases
from the Family Table.
• The catering business will operate from this site, however, the catering
will be done off-site.
• Onsite activities would include delivery service and food prepazation.
• There will be minimal traffic and the applicant anticipates deliveries will
be made once per weelc.
• The business wherein clients came to the kitchen and prepared their own
meals was sold and the pernut transferred to the new owners.
• The City has received no complaints from either type of business
operating from this location and staff recommended approval.
• The applicant provided a letter requesting the item be postponed until
the next Planning and Zoning meeting on February 8, 2006.
MOTION:
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
PAGE 7
Commissioner Bryson MOVED to approve PZ06-08 and Commissioner Eldridge
SECONDED the motion.
Amen opened the public hearing.
Aprfl Fulk, Kenai, Alaska -- Fulk stated the following:
• She is a friend of the applicant and has done catenng for her.
• She supports new business in the City of Kenai.
• She did not realize the business was there for almost two years so has no
problem with the new application.
There were no further comments and the public hearing was closed.
Bryson asked why the applicant request the issue be postponed until the next
meeting. Kebschull explained, there was an issue with the sublease in that the City
requires written permission from the owner. The written permission had not yet been
received.
MOTYON:
Commissioner Bryson MOVED to postpone PZ06-08 until the February 8, 2006
meeting and Commissioner Eldridge SECONDED the motion.
VOTE:
'l~vait Yes Romain Yes Amen Yes
B son Yes Chase Yes Eldrid e Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS
6-a. P206-O1 -- An application to rezone pazcels located between Ross Street
& North Fern Street as shown on Attachment A(on file) from Rural
Residential and General Commercial to Limited Commercial. Application
submitted by John Hammelman, Chair, Planning & Zoning Commission,
City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Postponed from
1/11/06.)
Amen opened the meeting for additional pubiic comment and noted the pubiic
testimony given at the last meeting was in text form and included in the meeting
packet.
PLANNING 8c ZONING COMMISSION
JANUARY 25, 2006
PAGE 8
April Fulk, Kenai, Alaska -- H~tlk stated she lives off of Ross Road and supports the
zoning change.
Kebschull reported she received verbal comments from residents regarding the
proposed rezone:
• Dorothy Bryant lives on Lupine and is against the rezone. She wanted
to remind the Commission that her son, Alan Bryant testified at the last meeting and
he remains in opposition.
Inez Zordell indicated she is in favor of the rezone.
Bob Springer, City of Kenai Building O~ciai -- Spring stated the proposed Limited
Commercial Zone would make it more difficult to develop commercially.
Wiliiam Easling, Kenai, Alaska -- Easling stated he lives on Wortham and noted:
• It may be more difficult to get an appropriate price for his residence if the
rezone were approved.
• He is concerned with his property value being diminished.
• He is concerned with the potential noise from businesses that may go in
the area.
• He is concerned that should a commercial facility go in the azea, it would
go into the buffer zone.
He is concerned with increased traffic.
Julia Slanoff, 535 Robin, Kenai, Alaska -- Slanoff stated the following:
• She was not aware of the proposed rezone and is against it.
• She does not want a used car lot in her area.
• She believes commercial businesses would take away from the
neighborhoods.
Requested the Commission deny the rezone.
Heath Fulk, Kenai, Alaska -- Fulk stated the following:
• He is in favor of the rezone and felt that many of the individuals who are
speaking against it do not understand exactly what the Limited Commercial Zone
would allow with regard to businesses.
• Noted mechanic shops and auto sales would not be allowed; he asked if
hair salons would. Kebschull replied the new zone prohibits auto sales and caz lots.
She added, hair salons could be classified as personal services and would be allowed
under the new zone.
Did not think businesses such as a hair salon would increase traffic
already in the area.
Public hearing for additional comments was closed.
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
PAGE 9
Bryson indicated he would lean strongly toward deleting Sungate Subdivision from the
proposed rezone. Bryson indicated another problem area was Thompson Place which
is residential and zoned commercial.
MOTION TO AMEND:
Commissioner Bryson 1VIOVED to delete Sungate Subdivision from the proposed
rezone which would include 500, 505, 615, and down; basically Shell Drive south and
only on that side of the highway. Tracts 5040 and 5168 on the other side of the
highway will remain Rural Residential. Commissioner Eldridge SECONDED the
motion.
VOTE ON MOTION TO AMEND:
'I~vait Yes Romain Yes Amen Yes
I Bryson ~ Yes ~ Chase ~ Yes~ Eldridge Yes '
MOTION PASSED UNANIMOUSLY.
Amen asked staff when the issue could be considered again should it not be approved
at this meeting and Kebschull replied it would be nine months before it could be
brought to the Commission again.
Eldridge esplained to the public the purpose of a Limited Commercial zone was to
restrict it to something less than a commercial by limiting the size of a structure and
requiring landscaping along all sides of the property. Eldridge added, residences could
be buiit in this zone.
VOTE ON MAIN MOTION AS AMENDED:
I'I~vait ( Yes ~ Romain ~ Yes ~ Amen ~ No I
Brvson Yes Chase Yes Eldridee Yes
MOTION PASSED UNANIMOUSLY.
ITEM 7: NEW BUSINESS
7-a. Lease Application - Lounsbury and Associates, Inc. on Behalf of Lowe's
HIW, Inc. - Lots A-1 8c A-2, Baron Park No. 6- Discussion and
Recommendation.
Kebschull reviewed the memo i=sc::luded in the packet and the following questions and
PLANNING 8r, ZONING COMMISSION
JANUARY 25, 2006
PAGE 10
answers were provided:
• Does the proposed use comply with the zoning ordinance? The parcels
are split zoned; General Commercial and Light Industrial. Retail businesses, such as
Lowes, are permitted in both zones.
• Does the proposed use comply with the Comprehensive Plan? Because
the Airport Industrial land use has not been implemented the parcels were not
identified as needed in the proposed Airport Reserve, and the proposed use meets the
zoning it appears that the proposed lease complies with the City's Comprehensive
Plan.
• Does the proposed use comply with the Airport Master Plan? The FAA
released the land in 1992 for lease or sale for non-aviation purposes, The use is a
commercial use and complies with the Kenai Municipal Airport Master Plan.
• Is the proposed use the highest and best use? The proposed use appears
to be the highest and best use at this time because there is no other proposed use.
• Does the proposed use meet other goals set by the Commission or City
Council? The Commission has not set goals for lease applications.
MOTION:
Commissioner Eldridge MOVED to recommend that City Council approve the Lowes'
Iease application including stafPs notes and recommendations. Commissioner Romain
SECONDED the motion.
VOTE:
Twait Yes Romain Yes Amen Yes '
B son Yes Chase Yes Eldrid e Yes
MOTION PASSED UNANIMOUSLY.
7-b. Discussion -- Annual Report - Extraction of Natural Resources
Kebschull reported, upon review of the Conditional Use Permits for gravel pits
operating in the City, it appears all are in compliance.
7-c. PZ06-11 - Resolution amending KMC 14.20.290 - Appeals
Kebschull reported this item would be introduced to City Council at its next meeting
and would come before the Planning Commission with a public hearing at the
February 8~ 2006 meeting. This proposed amendment would clarify which issues may
be appealed to the Boazd of Adjustment and set forth rules regarding who has
standing to bring appeals.
PLANNING 8v ZONING COMMISSION
JANUARY 25, 2006
PAGE 11
YTEM 8: PENDYNG ETEMS
8-a. P205-16 -- An application to rezone the area known as Tract C,
Daubenspeck Property Subdivision, (170 Bridge Access Road), from
suburban residential to general commercial. Application submitted by
John Hammelman, Chair, Planning & Zoning
ITEM 9: CODE ENFORCEMENT -- None.
9-a. 2005 Code Violations Summary -- Kebschull indicated the report is
included in the packet.
ITEM 10: REPORTS
10-a. City Council -- Council Member Ross noted the action agenda for the
January 18 meeting was included in the packet.
10-b. Borough Planning -- Commissioner Bryson provided a brief report on
actions taken at the January 23, 2006 Borough Planning meetings.
10-c. Administration -- Kebschull reported the following:
• The 2005 Yearly Conditional Use Permit report is included in the packet.
She added, one individual was not in compliance, however he is out of state and this
was probably just overlooked. Staff did not think this would be an issue.
• City Engineer La Shot reparted EDD filed for a grant to do some
environmental studies in Millennium Square. The grant was approved and a request
for proposals (RFP) would be advertised for professional services. Kebschull noted the
RFP would be issued by a group in Fairbanks to conduct a Phase I and Phase II
environmental assessment of Millennium Square.
ITEM II: PERSONS PRESENT NOT SCIiEDULED -- None
YTEM 12: INFORMATION ITEMS
12-a. Reappointment letters - Commissioner Amen, Commissioner Eldridge,
and Commissioner'i~vait
12-b. "Zoning Bulletin" - December 24, 2005
12-c. Planning & Zoning Commission Roster
ITEM 13: COMMISSION COMMENTS 8s OUESTIONS
Amen noted the following:
A vacancy remained on the Commission and requested
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
PAGE 12
recommendations.
• Reminded the Commission the APOC Financial Disclosure Statements
were due by March 15, 2006.
Commissioner Twait welcomed Commissioner Romain to the Commission.
It was noted a work session will immediately follow this meeting.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the
motion. There were no objections. SO 032DERED.
The meeting adjourned at approximately 8:35 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
PAGE 13
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Sueiac:aFexNo. Emai(Addreas: l"dt'Srveo e r~d~.d~rnst,i(.c.oyv.
tqy wa include your ~n4act iaformation on our we6 pege? ~ If aot ell, what infoxmatioa m~y we
.acluda7
BAM~ OF SPOUB&:
Job'Title
Cusraat mambers6ip ia os~eaizatloas: _f't e+r! 4°.
Peut oxQaat~atioa~l mombosshipu /~LL. ~~r C. ~..,1.~
COlte~Y1'1'~iB a1R t`A QNB IIi WF~ICIi YOU ARE PIGD: ~' ~~-
WANT ~TO 8~ II1,VOLVED WITH ~HI8 COMMI8~I0l1 OR
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Carol Freas ~~, ~ ~
'rom; Sandra Stark [sstarkak@yahoo.com]
nt: Friday, January 27, 2006 1126 AM
. o: Carol Freas
Subject: AML Board Meeting Juneau 25 January 2006
City/Borough Clerks: please distribute to your members
Report on AML Board Meeting Juneau 25 Tanuary 2006
1. Discussed various bills and AML's position on them.
2. Voted 13-1 to hold the 2006 summer AML legislative meeting in
Homer. At that meeting we will determine the 2007 summer
meeting site (as you know, Juneau is the November 2006 site).
3. Voted to explore hiring a lobbyist/coordinator to focus on
community dividend/revenue sharing.
On items outside of the Board Meeting, we met with the Governor -
he wnnts AML ro spearhead a statewide vote on community dividend
(forget it). We met with Sen. Wilkins (co-ch. Sen. Fin.) - he is
opposed to a minimum for small communities for community dividend, but
feels that some form of Com. Div. will pass, which
is what we divined from the various senators, representatives we talked
` We had dinner that night with Sen. 6ary Stevens and Rep. Senton at
.,ui's home.
Doug Stark, Homer City Council, your AML Board Member
Do You Ynhoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
D E P A R T M LE N T OLF
coMML'RCL' Frank H. Muikau
COMMUNITY AND ~~~CN~~
ECONOMIC DEVELOPMENT Midwa~Blac~, Dir~or
Division of Community Advocacy
January 20, 2006
The Honorable Pat Porter
City of Kenai
210 Fidalgo Ave., St. 200
Kenai, AK 99611
RE: FY 0'7 POPULATION DETERMINATION
Dear Mayor:
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The DeparCment of Commerce, Communiry, and Economic Development annually determines the
popularion of each municipality for use in various financial assistance programs. Population
estimates are prepared by the State Demographer at the Department of Labor and Workforce
Development.
The 2005 population of the City of Kenai has been determined to be 6,777.
If you do not agzee with this figure, you may request an adjushnent by documenting your own
population. Municipalities with a population of less than 1,000 must conduct a"head count
census". Municipalities with 1,000 or more residents may use a"head count census" or the
"`housing unit method", which includes specific statistical measures. The department requires that
the population adjustment request be fully documented, that the Council or Assembly pass a
resolution adopting the results, and that iY be completed and postmarked by April 1, 2006.
If you choose to request a population adjustment, please contact the department for a copy of the
FY 07 Head Count Census Instruction Manual or the FY 07 Housing Unit Method Population
Estimate Instruction Manual. These manuals provide additional informaCion on Yhe procedures
and documentation required. Contact Indra Arriaga, Research Analyst, (phone: 907-269-4521, e-
mail: Indra Arriaee~commerce.state.ak.us) or me (phone: 907-465-4733, e-mail:
Bill RolfzenCa~commerce.state.ak.us) for additional informarion.
Sincerely,
/~ ~-
Bill Rolfzen
Program Administrator
P.O. Box 110809, Juneau, Alaska 99811-0809
Telephone: (907) 465-4750 Fax: (90~ 465-5085 Text Telephone: (907) 465-5437
Websice: http://www.commercestate.altus/dca
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KEN~~ SKA
January 24, 2006
"!/i~la e t.~it~i a P~tst Gi t~v:
9 ~ ~'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
The Honorable Ted Stevens
United States Senate
522 Hart Senate Office Building
Washington, D.C. 20510
RE: TRl-BOROU(~H lNTEROPERABIUTY FOCUS PROJECT FOR SAFECOM
PROGRAM ~UNDING - Request for Support
The Honorable Ted Stevens,
The City of Kenai requests your support for the Tri-Borough Interoperability Focus
Project for SAFECOM program funding. This initiative focuses on building out the
standards-based, integrated and interoperable wireless communications system within
Kenai, Anchorage, and the Mat-Su Borough. We recognize the cost saving and public
safety benefits of a shared communications system for federal, state and local
governments and emergency responders as compared to many non-interoperable,
proprietary and fragmented networks. The SAFECOM Program will allow construction
of such a system.
Migrating to a single, integrated Project 25 digital system will provide us with the highest
level of operational readiness and interoperability with other government agencies for
the routine government operations, public safety and mutual aid, and large-scale
disaster management and response.
The City of Kenai has built an Alaska Land Mobile Radio (A~MR) network compatible 9-
1-1 Public Safety Answering Point, and is equipping a state-of-the-art emergency
cornmunications centerwith ALMR compatible radio equipment. Without a dedicated
funding effort to the ALMR, the goai of providing immediate, secure, on-demand
interoperable communications for federal, state, and local public safety first responders
in Alaska will be difficult to meet.
Our City and Borough leaders, public safety personnei and communications planners
have aBl come together with state and federal ALMR project managers to develop the
The Honorable Ted Stevens
January 24, 2006
Page 2 of 2
Tri-Borough interoperability Focus Project; and with support of the SAFECOM Program
we are hopefui in obtaining the necessary funding to construct, utilize and manage a
fully integrated and interoperable wireless communications system that wili be the
model for the rest of Alaska and other regions in the United States.
Your assistance wiil greatly enhance Alaska's Horneland Security, and provide
Southcentral Alaska with unprecedented emergency management capabilities.
Very Truly Yours,
CITY OF KENAI
~ (,/ Gl~t./ ~~-~/`C-~
Pat Porter
Mayor
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INFORMATYON ITEMS
KENAI CYTY COUNCYL MEETYNG
FEBRUARY 1, 2006
1/3/06 KK letter to Alaska Department of Transportation related to schope of
work for the $1,000,000 earxnarked for various road improvements.
1/24/06 KK letter to Alaska Department of Transportation related to
installation of continuous streetlights on the Kenai Spur Highway from Milepost
4 to 8 and Milepost 12 to 14.
3. 1/27/06 Purchase Orders Between $2,500 and $15,000 for Council Review.
,
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KENAI, ALASIiA
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January 3, 2006
Mr. Todd VanHove
Alaska DOT, Planning
P.O. Box 196900
Anchorage, AK 99519
Dear Mr. VanHove:
"6/illar~e t~it~t a Aast, ~~~ wit~i . . ~
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
The foliowing is a response to your inquiry about the scope of work for the
$1,000,000 earmarked for various road improvements.
The purpose of this grant is to provide funding to the City of Kenai to improve the
transportation routes and parking area within the City. These improvements
include but are not limited to, street and parking lot paving, trails, storm drainage,
utility work, curbs and gutters, sidewalks, and street lighting. The grant funds wiil
be used to pay engineering and/or construction contractors to improve the
parking and transportation routes.
Funds may be used for Local Improvement Districts or Special Assessment
Districts where property owners pay for part of the improvements.
Sincerely,
cy~~~~~~~~
Keith Kornelis
Public Works Manager
KK/jet
cc: Charles M. Kopp, Acting City Manager ~"
Larry Semmens, Finance Director
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KENA~ SKA
January 24, 2006
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210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.ci.kenai.ak.us
Mr. Gordon Keith, Regional Director
Alaska DOT/PF
P.O. Box 196900
Anchorage, AK 99519-69Q0
Dear Mr. Keith:
The City of Kenai is requesting that the State of Alaska instali continuous str2etlights on the
Kenai Spur Highway from MP 4 to 8 and from MP 12 to 14. After considering
recommendations from City Commissioner's the Kenai City Council has requested that I
write DOT/PF and copy our State Legisiators. Our area DOT/PF Pianner suggested that I
write this letter to you.
The Kenai Spur Highway is the City's major transportation link. There has been an increase
in traffic in these two areas which, combined with the long winter darkness, has contributed
to significant increases in vehicle crashes with other vehicles, moose, caribou and bears.
The Kenai Police DepartmenYs end of the year report, 2004, states that there were 29
crashes with moose between mile 4 and 8 and between mile 13 and 15. Also, 23 of these
moose were hit during the darker winter months.
The City of Kenai thinks illumination in these two areas will help decrease accidents a~d
reduce injuries to people and wildiife, and vehicle and property damage.
Piease include additional streetlights on the Kenai Spur Highway from MP 4 to 8 and MP 12
to 14 as part of the State of Alaska's highway transportation and safety improvements.
Sincerely,
5~r'GGC'!/~'~~
Keith Kornelis
Public Works Manager
KK/njc
' cc: Senator Thomas Wagoner
Representative Mike Chenault
Representative Kurt Olson
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STATEiVI~NT OF SUPPORT
FOR THE GUARD AND RESERVE
~
~e recognize the National Guard and Reserve as essential to the strength
of our nation and the well-being of our communities.
In the highest American tradition, the patriotic men and women of the Guard
and Reserve serve voluntarily in an honorable and vital profession. They train to
respond to their community and their country in time of need. They deserve the
support of every segment of our society.
If these volunteer forces are to continue to serve our nation, increased public
understanding is required of the essential role of the Cuard and Reserve in
preserving our national security. Their members must have the cooperation of all
American employers in encouraging employee participation in Guard and Reserve.
Therefore, we join other employers in pledging that:
i. Employment will not be denied because of service in the Guard or
Reserve;
2. Employee ~J'ob and career opportunities will not be limited or reduced
because of service in the Guard or Reserve;
3. Employees will be granted leaves of absence for military service in the
Guard or Reserve, consistent with existing laws, without sacrifice of
vacation; and
4. This agreement and its resultant policies will be made known throughout
our organization.
CertifyingJor N:e Emplot•er
Prin! Name
Date
~~
Cka' ma
Nationa[ Com rttee or Employer
Support ojthe d and Reserve
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Secretary ojDefense
Join Thousands of Othe~ Ame~ican Employe~s ...
Earn Five Star Recognition for your suport of the men and women now serving
proudly in America's National Guard and Armed Forces Reserve. Your state's
Employer Support of the Guard and Reserve Committee can and will work with you
to provide you with assistance and guidance in keeping your Guard and Reserve
member employees on the job and in the ranks.
You can earn the recognition you deserve by providing demonstrated support for the
volunteers who serve our nation:
la Sign a Statement of Support and tell your community that you stand behind our
troops- your employees - in peace, in crisis and in war.
2. Review your Human Resource Policies to ensure that your polcies comply with the
provisions of the Uniformed Services Employment Rights and Reemployment Act
(USERRA, Title 38, US Code, Public Law 103-353). ESGR can assist you.
3. Train your Managers and Supervisors and give them the tools they need to
effectively manage your Guard and Reserve member employees -- ask your ESGR
volunteers for training assistance.
4. Adopt 'Over and Above' Policies in your company that provide your Guard and
Reserve member employees with more support than that required by law. Your ESGR
volunteers can tell you about the best practices adopted by thousands of other
employers across the nation.
S. Support ESGR. YOU can make a difference with your time, energy, effort and
contributions. Ask your ESGR volunteer how you can get involved in your state
ESGR Committee and how you can reach out to other employers.
TESTIMONY SIGN-IN SEiEET
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AGENDA
ENAI CITY COUNCIL - REGULAR MEETWG
, m~ ., FEBRUARY 1, 2006
~~` 7:OOP.M.
,ti,,;y~~ KENAI CITY COUNCIL CHAMBERS
x[xui.aiasxa http:(/www.ci.kenai.ak.us
U
ITEM & SCHEDULED PUBLIC COMMENTS (10 minutes)
1. April Fulk -- Rezoning Ross Street to North Fern Street to Limited
Commercial Zone.
ITEM E: PUBLIC HEARWGS
~. Ordinance No. 2136-2005 (As Amended) -- Authorizing the Sale of
Four (4) Parceis of Land to The Conservation Fund for Fair Market
Value and Placing Certain Conditions on the Sale.
a. Su6stitute Ordinance No. 2136-2005 -- Authorizing the Saie of
Four (4) Parceis of Land to The Conservation Fund for Fair
Market Value and Piacing Certain Contlitions on the Sale.
2. Resolution No. 2006-03 -- Urging the State of Alaska to Provide for a
Sustainable Revenue Sharing/Community Dividend Program for All
Alaskan Communities.
3. ResoWtion No. 2006-04 -- Directing the Continuation~of the Project
Entitled "McCOlium and Aliak Drives Paving DistricP' and Designating
What Improvements Are to Be Included in This Project.
4. *New liquor License - MITAK, l~C, d/b/a .406 Family Sports Cafe --
Beverage Dispensary Tourism.
ITEM G: OLD BUSINESS
ITEM H: NEW BUSINESS
1. Bilis to be Ratifed
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2139-2006 -- Amending KMC 1.10.040 to Change the
Time of Regularly Scheduled Council Meetings From 7:00 P.M, to a
Time Set by Reso~ution of the City Council.
4. *Ordinance No. 2140-2006 -- Amending KMC 1.90.050(b) to AIIow for
Excused Absences From Meetings of City of Kenai Commissions,
Committees and Boards.
5. *Ordinance No. 2141-2006 -- Amending KMC 77.05.080 and
17.15.080 by Adding Sections That Provide for City Water and Sewer
Charges Which are Due and Unpaid to Become Liens Against the
Property Served.
6. 'Ordinance No. 2142-2006 -- Amending KMC 1420290 to Clarify
Which issues May Be Appealed to the Board of Adjustment and Setting
Forth Rules Regarding Who Has Standing to Bring Appeals.
7. 'Ordinance No. 2143-2006 -- Amending the Officiai Kenai Zoning Map
by Rezoning Tract A-1 B, Petersen Subdivision No. 3, From Being Split-
Zoned Conservation (C) and Townsite Historic (TSH) to Townsite
Historic (TSH) Only.
8. *Ordinance No. 2144-2006 -- Eliminating From the Kenai Zoning Code
Land Use Table (KMC 14.22.010], Footnote ~9 that Requires Some
Conditional Uses in the Rural Residential-1 (RR1) and Suburban
Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
9. *Ordinance No. 2~45-2006 -- Amending the Official Kenai Zoning Map
by Rezoning 40.85 Acres Located Along the Kenai Spur Highway at
About Mile 6 From Rural Residentiai (RR) and Generai Commercial
(CG) to Limited Commercial (LC).
10. Approval -- City Manager Contract
91. Approval - Lease Application/Lounsbury and Associates, Inc. on
Behalf of ~owe's HIW, Inc. -- Lots A-1 & A-2, Baron Park No. 6.
12. Discussion -- Scheduling Board of Adjustment Hearing/Appeal of
Planning & Zoning Commission Deniai of an Application for a
Conditionai Use Permit for Cabin Rentais (Short-Term Rentals) and
Guide Service for the Property Described as ~ot 6, Block 6, Valhaila
Heights Subdivision Part 5(160 Richfield Drive), Kenai, Alaska.
Application Submitted by Larry R. Carlson d/b/a Larry's Guide Service,
160 Richfield Drive, Kenai, Alaska. Appeal Filed by Larry R Carlson
and Wendy J. Goodloe.
13. Discussion -- Scheduling Board of Adjustment Hearing/Appeal ot
Pianning & Zoning Commission Approval of Rezone of Parcels ~ocated
Between Sheii Drive and North Fern Street from Rural Residential and
General Commercial to Limited Commercial. Application submitted by
John Hammelman, Chair, Pianning & Zoning Commission, City of
Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Appeai Filed by Heath and
April Fulk.
EXECUTIVE SESSION -- None Scheduled.
ITEM N: ADJOURNMENT
The public is invited to attend and participate. Additional information is
available through the City Cierk's office at 210 Fidalgo Avenue, or visit our
websVte at hCfu://www.ci.kenai.ak.us.
Carol L Freas, City Clerk D743/2~ ~
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4(enai Conven4ion and Visitors Bureau
Resolution No. 2006-01
A RESOLUTION OF THE KENAI CONVENTION AND VISITORS BUREAU
DIRECTING THE KCVB EXECUTIVE DiRECTOR TO WORK WITH THE CITY OF
KENAI AND THE KENAi CHAMBER (7F COMMERCE TO EXP~ORE THE
POSSIBLITY OF USING A PORTIOiV OF THE KEfVAI MA~L AS A CONVENTION
CENTER.
WHEREAS, the Kenai Economic Development Strategic pian identified five strategies
for pursuing economic deveBopment within the community of Kenai; and
WHEREAS, initiative five (5) of the plan is to Grow and Diversify Kenai's TOURISM
l1VDUSTRY, and
WHEREAS, development of a convention industry was identified as Goai 2 of the plan's
objective to grow and diversify Kenai's tourism industry; and
WHEREAS, the Kenai Chamber of Commerce was identified as a Champion for two of
the three strategies identified for reaching the goal of developing a convention indus4ry
in Kenai, and
WHERE,4S, the Kenai Canvention and Visitors Bureau was identified as a Champion for
the three strategies identified for reaching the goal of developing a convention industry
in Kenai,
NOW, THEREFORE, BE IT RESOLVED BY TNE KENA1 CONVENTION AND
VISITORS BUREAU to direct the KCVB Executive Director to work with the city of Kenai
and the Kenai Chamber af Commerce to explore the possibility of using a portion of the
Kenai IVlall as a convention center.
PASSED BY THE BOARD OF DIRECTORS OF THE KENAI CONVENTION AND VISITORS
~UREAU, this thirtieth (30) day of January, 2006.
vuevw~>wisotlsere~€acotn
1 t471 Kenai Spur Highway • I<en~i, Alaska 9961 t•(907) 283-199t ~ fNC (907) 283-2230 °~maiL IccvbC~?alasl<a.net
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F(enai Convention and Visitors Bureau
Resolution No. 2006-01
A RESOLUTION OF THE KEfVAI CONVENTION AND VISITORS BUREAU
DIRECTING THE KCVB EXECUTIVE DIRECTOR TO WORK WITH THE CITY OF
KENAI AND THE KENAI CHAMBER OF COMMERCE TO EXPLORE THE
POSSIBLITY OF USiNG A PORTION OF THE KENAI MALL AS A CONVENTION
CENTER.
WHEREAS, the Kenai Economic Development Strategic pian identified five strategies
for pursuing economic development within the community of Kenai; and
WHEREAS, initiative five (5) of the plan is to Grow and Diversify Kenai's TOURISM
IIVDUSTRY, and
WHEREAS, development of a convention industry was identified as Goal 2 of the plan's
objective to grow and diversify Kenai's tourism industry; and
WHEREAS, the Kenai Chamber of Commerce was identified as a Champion for two of
the three strategies identified for reaching the goal of developing a convention industry
in Kenai, and
WHEREAS, the Kenai Convention and Visitors Bureau was identified as a Champion for
the three strategies identified for reaching the goal of developing a convention industry
in Kenai,
NOW, THEREFORE, BE !T RESOLVED BY l'HE KENAI CONVENTION AND
VISITORS BUREAU to direct the KCVB Executive Director to work with the city of Kenai
and the Kenai Chamber of Commerce to explore the possibility of using a portion of the
Kenai Mall as a convention center.
PASSED BY THE BOARD OF DtRECTORS OF THE KENAI CONVENTION AND VISITORS
BUREAU, this thirtieth (30) day of January, 2006.
~n~sverr,vasiYlzees,~isetsatc~
11471 Kenai Spur Highway • Kenai, Alas(<a 9961 t°(907) 283-1991 • FNC (907) Z83-Z230 ° E-maiL kcvb@alaska.net
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Kenai Convention ared Visitors ~ureau
Resolution Rlo. 2006-01
A RESOLUTIO(V OF TFiE KENAI CONVENTlON AiVD VISITORS BUREAU
DIRECTING THE 4CCVB EXECUTIVE DBRECTOR TO WORK WITH THE CITY OF
KENAI AND THE KENAI CHAMBER OF COMMERCE TO EXPLORE THE
POSSIBLITY OF USBiVG A PORTION OF THE KENAI MALL AS A CONVENTION
CENTER.
WFlEREAS, the Kenai Economic Development Strategic plan identified five strategies
for pursuing economic develapmen4 within the community of Kenai; and
WFIEREAS, initiative five (5) of the plan is to Grow and Diversify Kenai's TOURISM
INDUSTRY, and
WFBEF2EAS, development of a convention industry was identified as Goal 2 of the plan's
objective to grow and diversifij Kenai's tourism indus~ry; and
WHEREAS, the Kenai Ghamber of Commerce was identified as a Champion for 4wo of
the three strategies identified for reaching the goal of deveBoping a convention industry
in Kenai, and
WHEREAS, the Kenai Convention and Visitors Bureau was identified as a Champion for
the three strategies identified for reaching the goal of developing a convention industry
in Kenai,
fJOW, THEREFORE, BE IT RES4~VED BY THE KENAI CONVENTION AhID
VISiTORS BUREAU fio direct 4he KCVB Executive Directar to work with the city of Kenai
and the Kenai Chamber of Commerce fo explore the possibiiity of using a portion of the
Kenai Mail as a convention center.
PASSED BY THE BOARD OF DIF2ECTORS OF TFiE KENA1 CONVENTION AND VISITORS
BURER+U, this thir~ieth (30) day of January, 2006.
w~wev.visit-zearai.ctsm
11471 Kenai Spur Highway ° Kenai, Alasl<a 99611 •(907) 283-199t • F~ (907) 283-2230 ° E-mail: Icevb@alasl<a.net