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AGENDA
KENAI CITY COUNCIL - REGULAR 1VIEETING
FEBRUARY 15, 2006
'7:00 P.M.
KENAI CYTY COUNCIL CHAMBERS
http: { /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
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 normal
sequence on the agenda as part of the General Orders.
YTEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: UNSCHEDULED PUBLYC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB A,SSEMBLY LEGISLATORS AND COUNCILS
YTEM E: PUBLIC IiEARINGS
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 Tune
Set by Resoiution of the City Council.
2. Ordinance No. 2140-2006 -- Amending KMC 1.90.050(b) to Allow for
Excused Absences From Meetings of City of Kenai Commissions,
Comxnittees and Boards.
3. 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.
4. Ordiaance No. 2142-2006 -- Amending KMC 14.20.290 to Clarify Which
Issues May Be Appealed to the Board of Adjustrnent and Setting Forth
Rules Regarding Who Has Standing to Bring Appeals.
5. Ozdinance No. 2143-2006 -- Amending the O~cial Kenai Zoning Map
by Rezoning Tract A-1B, Petersen Subdivision No. 3, From Being Split-
Zoned Conservation (C) and Townsite Historic (TSH) to Tocvnsite Historic
(TSH) Only.
6. Ordinance 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
Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
7. Ordinance No. 2145-2006 -- 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).
a. Substitute Ordinance No. 2145-2006 -- Amending the Official
Kenai Zoning Map by Rezoning 53.85 Acres Located Along the
Kenai Spur Highway at About Mile 6 from Rural Residential (RR)
and General Commercial (CG) to Limited Commercial (LC).
(Clerk's Note: Ordinance No. 2I45-2006 has been infroduced. A motion to
approve Ordinance No. 2145-2006 is needed, followed by a motion to subsritute.J
Resolution No. 2006-05 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
9. Resolution No. 2006-06 -- Awarding a Professional Services Contract
for Airport Security Guazd Services at the Kenai Municipal Airport to
Kenai Security Services, Inc. for the Period Mazch l, 2006 Through
February 28, 2009.
10. *2006 Liquor License Renewals --
a. Fraternal Order of Eagles #3525 -- Club
b. Corey, Inc., d/b/a Upper Deck -- Beverage Dispensary/Tourism
c. Jennifer Lee, d/b/a New Pelflng Chinese Restaurant --
Restaurant/Eating Place.
d. Kenai Landing, Inc. d/b/a Kenai Landing -- Beverage
Dispensary/Tourism -- Seasonal.
e. Charlotte's, Inc., d/b/a Charlotte's -- Restaurant/Eating Place --
Public Convenience.
ITEM F: MINUTES
1. *Regulaz Meeting of February 1, 2006.
YTEM G:
ITEM H:
Bills to be Ra~ed
Approval of Purchase Orders Exceeding $15,000
*Ordinance No. 2146-2006 -- Enacting KNIC 13.10.070 Entitied,
"Commercial Building and Property Maintenance."
*Ordinance No. 214'7-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the General F~ind for an Alaska Highway
Safety Grant to Reimburse the Police Department Overtime Account.
*Ordinance No. 2148-2006 -- Repealing the Existing Landscaping/Site
Plan Regulations at KMC 14.25 and 14.20.115(i) and Replacing It with a
New KMC 14.25 (Landscaping/Site Plan Regulations).
6. *Ordinance No. 2149-2006 -- Amending KMC 21.10.040 by Allowing
Lease Applicafions to be Extended for Six (6) Additional Months for Good
Cause and Providing That Lease Application Appraisals aze Good for
1~velve (12) Months.
7. Approval -- Lease Application -- Mark E. Lockwood, d/b/a Kenai Self-
Storage/Tract B, Gusty Subdivision No. 2.
8. Approval -- Amendment to Special Use Permit -- Kenai Central High
School Hockey Booster Ciub/Dasher Board Advertisements and Ice
Logos -- Multipurpose Facility.
Approval -- Kenai Municipal Pazk Site Improvement Plan
10. Approval -- Parks 8c Recreation Commission Letter to Senator
Wagoner/Section 36 Street Light Request.
11. Discussion -- Event/Conference Center
ITEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Hazbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautificafion Committee
b. Alaska Municipal League Report
c. Arctic Wuater Games
d. Stranded Gas Committee
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMINESTRATION REPORTS
City Manager
Attorney
City C1erk
ITEM L:
i. Citizens (five minutes)
2. Council
- None Scheduled
ITEM M: ADJOURNMENT
FEBRUARY 15,2006
REGULAR COUNCIL MEETING
ADD TO: E-4, Ordinance No. 2142-2006 discussion -- 2/ 15/06 C.
Graves memorandum responding to attached letter from
Attorney Peter Ehrhardt related to the ordinance.
ADD TO: H-11, Event/Conference Center Discussion -- 2/ 12/06
M. Renken letter regarding possibilities of creating a
conference center in Kenai.
CONSENT AGENDA
No changes.
BY•
CITY ATTORNEY
ACTING CITY
MANAGER
MAYOR'S REPORT
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Suggested by: City Council
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 regularly scheduled meetings (held the
first and third Wednesday of each month) at 7:00 pm; and,
WHEREAS, allowing the time of regularly 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 CITY OF KENAI, ALASKA, this 15~ day of
February 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: February l, 2006
Adopted: February 15, 2006
Effective: March 15, 2006
-
Suggested by: Mayor Porter
CYTY 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 from 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 excusing the absence for good cause, from more than
one-half of all the meetings of his/her committee, commission or board,
regular 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 boazd member mav not have more that three
(3) excused absences durine a twelve-month calendaryear.
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 Attorney
CITY OF KENAY
ORDIPiANCE NO. 2141-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 17.05.080 AND 1'7.15.080 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, allowing 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, allowing 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 (Sewazd and Soldotna) have
similaz 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 follows:
KMC 17.05.080(b)
Overdue and unpaid water and sewer utility charges, plus any penalty or
interest owing, shall become a lien against the property served,
subordinate to only municipal tax and special assessment liens.
KMC 1T.15.080(bP
II.
Overdue and unpaid water and sewer utility charges, plus any penalty or
interest owing, shall become a lien against the property served,
subordinate to only municipal taz~ and special assessment liens.
Ordinance No.2141-2006
Page 2 of 2
PASSED BY THE COUNCIL 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: March 15, 2006
~ ~
Suggested by: Mayor Yorter
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 privately owned land, which are necessary for the enhancement of public health,
safety and welfare, and,
WHEREAS, the authority and responsibility to enforce the Kenai zoning code is
primarily given to the Administrative Official and Planrung 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 pernuts and variances is given to the Planning and
Zoning Commission, subject to appeais 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 Movers of Fairbanks u. Fairbanks Norlh Star Borough, 865 P.2d 741,
743 n. 6(Alaska 1993). 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 Boazd 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.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15~ day of
February, 2006.
PAT PORTER, MAYOR
Ordinance No. 2142-2006
Page 2 of 2
ATTEST:
Carol L. Freas, City Cierk
Introduced: February l, 2006
Adopted: February 15, 2006
Effective: March 15, 2006
14.20.290 Appeals-Board of Adjustment
~ (a) Appeals from final decisions of the administzative official or the Commission must be
submitted in writing to the City Clerk within fifteen (IS) days of the decision. The
appeal nocice shall be in wriCing and must contain:
(1) The sienature, uame, and mailine and phvsical addresses of the appeilant;
(2) A description of the action or determination from which the appeal is soughC and
the date u~on which it became a final decision;
(3) The reason for the appeal, which must include a description of harm to Che
appellant, includine whv the aopellant meets the definition of an "ag rieved
ep rson•" [THE APPEAL SHALL BE HEARD BY THE KENAI CITY
COUNCIL ACTING AS THE BOARD OF ADJUSTMENT.]
(4) Any person(s) aeerieved bv a final decision of the adminisCrative official or
Commission mav file ~n aQpeal The appeal shall be heard bv the Kenai CitX
Couneil actin~ as Che Board of Adjustment
(5) To be a"oecson(s) aeerieved" bv a final decision of the administrative official or
Commission the person must be~ ll the npplican[ for Che action taken ~r
determination, or [he owner oF Che pro~eny that is the subject of Che action or
determination under appeal; or 2) the administrative offieial• or 31 an owner of
real prooertv who can show ~roof of the adverse effecC that the action or
determination has or could have on the use, enjovment or value of Che real
~ropertv owned bv that qerson. An inCerest that is ~o different from that of the
general nublic is not sufficient to make ~erson a~~rieved• or 4) anv person who
was enCitled under Section 14 20.280(c) to notice by mait of a pubiic hearin~ on
an application for the action or determination
(6) A sCatemenC of the relief requested b t~he appellant
(7) The street address of the propertv that is the subject of the action or determination
beine a~pealed and the name and address of the owner(s) of the pro~ertv
(b) The CiCV Clerk shall rejecC any notice of appeal Cha[ doe~ not com~ly with Che
requirements of section 14 20 290(a) and notify the appellant of the reasons for rejection
If a notice oF appeal is rejected for reasons other than timeliness a corrected notice of
appeal that complies with this section will be aceepted as timelv if filed within seven (71
days of the daCe of the mailine of Che notice of rejection
(c) The aopeai shall be heard by the Kenai City Council actinQ as the Board of Adjustment.
(d) The followinQ act or deCerminations may not be appealed• (i) a decision to ciCe or not to
cite a oerson for a violation of the code under KMC 14 20 260 or any other provisions of
the code: (2) a decision not to issue an enforcement order under KMC 14 20 260 or a~
other orovision of Che code: 3) anv recommendaCion for or aeainst a~proval of the
adoption, revision, or amendment of the zonins code zonina map comprehensiv~lan
any other plan, a rezonin~or any other matter involvin~ 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 fali on a weekend or a municipal holiday, the hearing rnay be
scheduled for the next following weekday which is not a municipal holiday under
KMC 23.40.020(a)(i)-(10) and (b). For good cause, the Board of AdjustmenC
Ordinance No. 2142-2006
Page 1 of 2 Attachment A
may hold the hearing up to sixry (60) days after the filing of the appeal. Notice of
the time and place of such hearin~ shall be mailed to all interested parties and to
ail property owners within three hundred feet (300'} of the property invo(ved at
least fifteen (15) days prior to the hearing. Notices to the appetlant and/or
applicant for the action or determination must be sent by certified mail, return
receipt requested.
(2) Within thirey (30) days after the hearing, the Board of Adjustment shall render a
decision on the appeal. In exercising the above-mentioned powers, the Board of
Adjustment may reverse, remand or affirm, wholly or partly, or may modify the
order, requirement, decision or deCerminaCion, 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 ro the public. The Board shall issue a
written opinion, stating its decision, che reasons for its decision, and the vote of
each member upon each question. The Board of Adjustment may under[ake
deliberations immediately upon the conclusion of the hearing on appeal or may
take the maCter under advisement and meet at such other Cime as is convenient for
deliberations until a decision is rendered. Deliberations need not be public and
may be in consuttation with the City Attorney. An electronic recording shall be
made of the hearings and shall be reduced Co writCen minutes and, if needed, a
verbatim transcript. The minutes and verbatim transcript shall be made a public
zecord. Copies of the decision shall be promptly posted on the City's officiai web
site and mailed to atl parties participating in the appeal.
Ordinance No.2142-2006
Page 2 of 2 Attachment A
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KENA~ SKA
"I/illa9e witti a Past, Gc~ wit~i a FutuYe"
210 Fidaigo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMORANDUM
TO: Mayor Porter and Kenai Ciry Councilors
FROM: ~~ Cary R. Graves. City Attorney
DATE: February 9, 2006
RE: Ordinance Na 2142-2006 (Board of' Ad,jusCment Appeais)
A[ the last meecing, Councilor Molloy asked how this ordinance would affect a late-Filed appeal
similar to the one filed regarding Che Wal-Mart lease application. KMC 14.20.290(a) ("Section
a") sets out the requirements for filing an appeal, including the filing deadline and standing
requirements. KMC 14.20.290(b) provides that the City Clerk shall rejecC any appeai that does
~~ not meet the requirements of SecCion a.
Under the ordinance, if a person filed a notice of appeai thac was (ate or defecCive because of a
lack of standing, the Cierk would reject the notice of appeal. To have standing to file an appeal,
an "aggrieved person" must be one of the following: 1) Either the applicant or the owner of the
property Chat is the subject of the Planning and Zoning action. 2) The administrative official (i.e.
the city manager or hislher designee). 3) An owner of property within the 300-foot public
hearing noCice requirement of KMC 14.20.280. For example, if the owner of property within
300 feet of the subject property was sent a notice of the action, he/she would be entiUed to appeal
the action without a showing of adverse affect on their property. 4) The owner of real property
who can show an adverse effect on the use, value or enjoyment of their property. A property
owner outside of the 300-foot notice zone for public hearings would have to show an adverse
affect on the property. A person could not appeal based on an interest that is the same as the
general public.
The ordinance does not ban non-city residents from pursuing appeals. I do not think such a ban
would pass judicial scrutiny. However, it does require that a person must be d'uectiy impacted
by the decision in order Co pursue an appeal. That approach of limiting "standing" for planning
and zoning appeals is allowed. In Earth Movers of Fairbanks v. Fairbanks Nonh Star Borough,
865 P.2d 741, 743 n.6 (Alaska 1993), the Alaska Supreme Court stated that "standing in zoning
cases has been more restrictive than general standing principles, primarily to prevent excessive
litigation and undue delay of final dispositions."
Please let me know if you have any further questions
~~ • ~ e e ~ j~,
, V ~la e wct~t a Past Gc wc~ `
9 - ~'
;~,~i` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
_, s__~ Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
\ t/~ec~~af
NENA~ SKA
MEMORANDUM
TO: D Mayor Porter and Kenai Councilors
FROM:Cl~6 Cuy R. Graves, City Attorney
DATE: February I5, 2006
RE: Letter of Peter Ehrhardt
Following are my comments regarding the February 14, 2006 letter from Peter Ehrhardt
regarding a vote of the Kenai Baz Association to oppose Ordinance 2142-2006.
Although I seldom attend the Kenai Bar Association meetings, I do get a copy of the agenda.
Ordinance 2142-2006 was not on the agenda for their meeting of February 3, 2006. (See
attachment). It was apparently brought up at the end of the meeting. The attached Bar
Association report does not show a vote was taken on the ordinance. The only mention of it in
the report states, "Kris Schmidt brought in Kenai Ordinance 2142-2006 that she said raises civil
rights questions.° One cannot [ell who was there and how the vote went. However, I certainly
cannot dispute Mr. Ehrhard['s statement tha[ a vote was taken, since I was not thece.
Had I seen the ordinance on Che Bar Association agenda, I would have tried Co attend the meeting
in order to provide information on the ordinance. I am somewhat surprised that an association of
attorneys would decide to oppose an ordinance without giving the City any chance to provide
information regarding it. I certainly think if the Bar Association wished to discuss the ordinance
it would have been better to request a delay in consideration of it and invite a representative of
the City to participate in the discussion prior to taking a position on it.
Having said that, the Kenai Bar Association certainly has every right to take a position on this
issue. Moreover, the decision to support or oppose this ordinance is certainly one over which
reasonable people may disagree.
Here are my comments regazding the particular issues raised by Mr. Ehrhazdt.
1. He states the ordinance is too restrictive and may result in additional lawsuits against the
City. There is insufficient information in the allegation of "too restrictive" to ptovide a
detailed response. I assume this statement alleges that it restricts standing too much. The
Alaska Supreme Court has made it clear that in Alaska standing in planning and zoning cases
is more restricted than in general litigation. Earth Movers of Fairbanks v. Fairbanks North
Mayor Porter and Kenai Councilors
February l5, 2006
Page 2 of 3
Star Borough, 865 P.2ct 741 (Alaska 1993). Alaska Iaw is consistent with the law in other
staCes regarding sCanding in zoning cases. McQuillen M~~n Corp § 25.31810 (3`d Bd).
I understand that as a policy matter some peopte may wish to expand standing to a11ow more
appeals in planning and zoning matters. That is in large part a debate regarding the rights of
property owners to avoid bein~ subjected to "excessive litigation and undue delay of final
dispositions" regarding development of property versus the ability of people to challenge
planning and zoning decisions. Earth Movers of Fnirbanks v. Fnirbanks North Star
Borou~h, 865 P. 2d 741 (Alaska 1993).
Kenai Municipal Code 14.20.290(a)(3) currently allows only "aggrieved" persons to file
appeals of planning and zonin~ decisions. Given the current judicial interpretation of
"aggrieved" persons, Che proposed ordinance restricts standing less than many legal
practitioners realize. See the discussion of standing in ba the marrer of the Appeal of Debbie
MeKc~y of Planning= and Zoning Findi~ags Regardirtig Wal-Mart Lease ApplicaCions, Case No.
BA-OS-4, pp. 9-12 (Kenai Board of AdjusCment 2005). In that case, a person living some
twenty miles from the subject property was hetd not to have standing to appeal the Planning
and Zoning action.
One area the Council may wish to discuss regarding standing is Section (a)(5)(3) of tbe
proposed ordinance Chat grants standing to "an owner of real property who can show proof of
the adverse effect that the action or determination has or could have on the use, enjoyment, or
value of the real property owned by that person." The Council may wish to discuss whether
to grant sCanding to "an owner of an interest in real properCy." That would allow renCers and
lessees, in addition to owners, to have standing to challenge actions that affect the value of
their property interest.
2. The lettec argues too much power is given to the City Clerk to dispose of improper appeals.
The language of this ordinance on this issue is similar to a Homer ordinance that allows Che
Clerk to reject improper appeals. The idea is to not delay (awful development (especially
during our short building seasons) while the Board of Adjustment schedules a hearing in the
matter to review if the appeal was improperly filed. That can frequently take thirty or more
days to do.
If the Council is concerned [hat the ordinance gives the Clerk "too much power," it may wish
to allow the Clerk to deal with issues such as late and inadequaCe filings, but allow the Board
of Adjustment to resolve more complicated dismissal issues such as lack of sCanding.
3. The letter argues the current process is too confusing. I must disagree. In Che last eighCeen
years there have been thirty-two appeals filed. All but one was filed by non-lawyers. To my
knowledge, the oniy case where the appellant did not file the appeal properly was one filed
by a tocal lawyer. All of Che non-lawyers seem to have done just fine. In fact, at least three
years ago, the Legal Department prepared a handbook for the public on how to file an appeal.
Mayor Pater and Kenai Councilors
Pebruary 15,2006
Page 3 of 3
That handbook has been available on the City's website. It has historically not been a
problem for people to file appeals in the Cierk's office.
4. The letter states that several members objected to Che discussion of the Alaska Supreme
Court's decision in Earth Movers of Fairbanks v. Fairbanks North Star Borough, 865 P.2d
741 (Alaska 1993). That is the case in which the Alaska 3upreme Court stated that standing
in planning and zoning cases was more restrictive than standing in general civii litigation.
While the members of [he Bar Association might not like the ruling, that is what the Alaska
Supreme Court held. I think it is appropriate to discuss the most important case in Alaska
regarding standing for planning and zoning appeals in the preamble to the ordinance.
Please let me know if you have any questions.
CRG/sp
Attachment
i°na nuuuuut r-tau
215 Fidalgo Ave., Ste. ZU3
Kanai, Alaska 99611
(90n 283-2876
(90T) 283-2896 (fax)
ehrhardt(~kenai.com
P~~` ~'11~°C~ Att01~:1~y ~ Z.aW '-
February 14, 2006
Kenai Gity Council
21 A Fida(go Avenue, STE 200
Kenai, AK 99671
Atteneion: Ctey Cterk
Fax: (407)283-3014
Please Distrtbute to City Coundl Memben 8~fore Feb. 15, 2006 Meeting
Dear Kenai City Council Members:
The Kenai Peninsuta Bar Association voted at 1tr February 3, 2006
meeting to oppose Kenai City Councit Ordinance 2142-2006, "An Ordinance of the
Coundt af the City of Kenai, Ataska, Amending KMC 74.20.290 to Ctarify Which
Issues May Be Appealed Ta the Board of Adjustment and Settlng Forth Rules
Regarding Who Has Standing ta Brfng Appeals."
Kenai Peninsula Bar associatton members expressed the followinq
objections to this ordinance at that meeNng:
1. The ordinance as vwftte~ is too restrtctive, and may resuit in
additionat tawsuics against the City.
2. There is too much power qiven to the City Cterk in the
ordinance to accept of reject appea4s, which may resutt in addiNonsl tawsuits
against the City.
3. The current planning & xoning appeal process is confusing, and
needs to be fureher clartfied. For example, the City shoutd darify that fiting
appeat paperwork at City Hatt by the deadline is sulfident, and that the City Cterk
does not have to be pcrsonalty served.
4. Several members objected to the discussion in the 4TH
"Whereas" in the proposed ordinance, of the A(aska Supreme Court's decis9on in
Earth Mover of Fairbanks v. folrbanks North Stcr Borough, 865 P.2d 747 (Alaska
1993).
Unfortunately, because of the short time frame invotved, the Kenai
Penlnsuta Bar Assoetation ts not abte to Qive a more detailed discussion of the
above objections. Ptease consider tabting thfs ordinance, to atlow more tfine for
publfe comment.
truly yours,
• • • • e-• e • s • • • • . • e • • • e a •
Of counssl Friedman; Ru6in @ White..
rcw •~ ~o uv:i~p ~am rlsner ~U! CbG ~bt! P,1
KPBA AGENDA,
o~-as-o6
• CaII to Order
• Attmdaz~ce
• Secretary's report (minutes read and approved)
• Treasurer's zeport:
• iteposes
Criminal Law Seetioa - Mazgaret MorazilChuck Robinson
Family Law Scction - Phil Nash ~-- ~t~~~ri'c~ Lk v~^'~
Ar~cles and Bylaws Review - Kris Schmidt
Bar and Bench Conference - Coanxnittee forrneH,
Supremc Court P/T Order: Chuck Robinson - yb r~'~_
7. Hnguele[ - c u ~`' /, ~* ~ cl
7une Steem
Deidre Chak
Mary Moraa
District Court P/T Order. J. Laadry
Mark Oste:man
D.A Rep
P.D. Rep
Deidre Cheek
Elatronic 5oRwarc: L~ric Dcrleth
Joc Skhra
G~v' l3~G' E~
c~ {~C.uSOrc
a t t i t~ ra s'r"^ x/ a'
• CJltfinished $usiness
1.Alaska Monitoring Servicc- mceang 2-6-06 with D.A., P_D. & Bar
2. Problem with Anchorage semauds at Cordova Ceater
3. DepC of Probation training with judges
• ludgc G~anston's plaque .
• Ncw Busiaess ., ~,~ c C c~5 Y'~ ~u `~~'~ /-S ~'r ~O u ~~L ~ ~ - (,cc .a~
~.
• Adjourn ti'~'k sc~
~.._.a-Ncxt mccting wiIi be fn Kcnai at Paradisos on 0?Ji 7/06 ~
REFOIiT on regular KPBA mccting - 2/3/06
1) Scc (abovckoma~ittees prompted by Bench/Bar- making progress ((Rabinson
hailed as "voice of ruuon'~ -hope can scttlc if "ankic monitorin~" ean be used for •- ~~'(~~-t ?/4 !~
bai! or senteneing - coafasion abounds in eemaeds of offendees ( appareatly
rs~utting from oveeload at Cordova Cc~cr in Anch) - courts shonld Ict remands be
nwpoacibility of DOC (opined by mcetia~; attcadanb) -
2) Another judge possible ibr thc Kcnai?
3) Why is the Peninsula not recciving access to criminal -prc-tria! procedure~ routinely
av~ilablc in Anchora~c?
4) HELP.° HELP! Youth sourt nccds morc, aad wider vsrFsty of, lawyers M teach..,
5~ Krit Sehmidt brough4 in Kcnai Ordinanec 2142-2006 that shc .raid rsisc.~ civil
ei$ht~t quesGons)
~ Eric Derlerth wqcking on appzopriate dedication for Judge Cranstoa - 2"d Atriuat7
Note: Asvc you ac a Kenai Peniasu~a I.awyer aaswered the emergescy rall to help ~
iJ1V7'fED WAY overeomc tdc $100,U00 r~Nmated ehorttaD of2005 ~oat?
Suggested by: Planning and Zoning
CITY OF KENAI
ORDINANCE NO. 2143-2006
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 2oning district; and,
WHEREAS, Section 14.20.270(b)(2) of the Kenai Municipal Code allows areas
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 P1an 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
r ,~^ ~~
"~ '
-_ '"' /,
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-07
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 SUBMITTED BY
NAME: Peter Klauder
ADDRESS: 606 Petersen Wav, Kenai, Alaska
LEGAL: Tract A-IB Petersen Subdivision No. 3
PARCEL #: 04707412
WHEREAS, the Commission finds the following:
1. The subject property is currently zoned Split - Conservation & Historic Townsite
2. The present land use plan designation is Conservation/Open Space
3. The proposed zoning district is Histonc Townsite
4. An appropriate public hearing as required was conducted Januarv 25, 2006
5. That the foliowing additional facts have been found to exist:
6. Applicant must compiy 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 No 3 is hereby
recommended to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMA~IISSION OF THE CITY OF
KENAI, ALASKA, JANUARY 25, 2006.
CAAIRPERSON: TTEST: a~~~2/~/~
/7~~ .
/ ~~I/il/a9e cvit6r a Past, Gity wct,~i a Future~~
~~,~ i~_ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ~~
--~- Telephone:907-283-7535/FAX:907-283-3014 ~'~~r
„~
.-. ~~ -. 7992
\ the ci~ a f ~
KENA~ SKA
M ~ ~~ ^
TO: Charles M. Kopp, Acting City Manager ~
FROM: Marilyn Kebschull, Planning Administrator
THRU: Jack La Shot, Public Works Manager/~~
/
DATE: February 7, 2006
SUBJECT: Ordinance No. 2143-2006
The Planning and Zoning Commission heid a public hearing on January 25`h and
passed Resolution PZ06-07 recommending an amendment to the official zoning
map. The recommendation was to rezone a portion of Tract A-1 B Petersen
5ubdivision Addition #3 from Conservation to Historic Townsite. The proposed
rezone eliminates a split-zoned parcel.
Attached for Council's review are the following:
1. Staff comments dated 1/10/06.
2. Mr. Klauder's application.
3. Resolution PZ06-07.
4. An excerpt of the minutes from 1/12/O6 Planning and Zoning
Commission meeting.
5. An aerial photograph showing the proposed rezone.
STAFF REPORT
To: Planning & Zoning Commission
Date: 1 /10/06
Res: PZ06-07
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Peter Kiauder 283-1919
606 Petersen Way
Kenai, AK 99611
Rezone from Conservation to Historic Townsite
Portion of Tract A-1 B Petersen Subdivision Add. #3
606 Petersen Way
04707412
Conservation and Historic Townsite
Commercial
Conservation/Open Space
General Information:
KMC 14.20.270 describes amendment procedures. Section 2 states,
"Amendments to the Official Zoning Map shall be considered only if the area to
be rezoned contains a minimum of one (1) acre (excluding street or alley rights-
of-way) unless the amendment enlarges an adjacent district boundary." The
proposed rezone enlarges an adjacent district boundary.
This parcel is split-zoned; a portion is zoned Conservation and a portion Historic
Townsite. It isn't clear from the record why the split-zone situation was
created. It appears that the zone boundaries followed the Spruce
Street/Westward Street right-of-ways. Klauder & Company Architects, Inc. is
Bocated in the building on the parcel. Based on aerial photography, it appears
the building may straddle the split zone. This could be considered a non-
conforming structure but would require an asbuilt to clarify the exact location of
the building. Applicant wouid like to remove the split-zone situation to eliminate
the possibility of the non-conforming structure and to allow expansion of
commercial activities on this parcel.
0607 Coinment.doc Page 2
The Land Use Plan in the Comprehensive Pla~ identifies land use by parcel lines
and zoning. The Iand use identified for this parcel does not follow this method
and this parcel may have been incorrectly classified. The Land Use Table does
not separate the portion zoned Historic Townsite and identifies the entire parcel
as Conservation/Open Space. If this property was ciassified similar to other
parcels, the portion zoned Historic Townsite would have been identified as
Mixed Use. "The Mixed Use district fosters a compatible mix of retail, service,
office, public, institutional recreational and multi-family residential uses. The
district does not prescribe specific proportions for these uses, only that all these
uses are desirable within the district. Mixed uses are particularly desirable in
the Townsite Historic District and City Center overlay zone." The Plan defines
Conservation as, "The Conservation district applies to public lands whose
primary use is open space, recreation, fish and wildlife habitat, drainage ways,
floodplain, and wetlands. Some public improvements may be appropriate within
appropriate design guidelines. Because this parcel is privately owned, it does
not appear to meet the criteria for Conservation.
Citv Enqineer:
Nothing additionai. The rezone eiiminates several problems.
Buildinq Official:
No building code issues.
RECOMMENDATIONS
The proposed rezone will eliminate a split zo~e situation. The area will be
rezoned from Conservation to Townsite Historic. The record is not clear as to
why the split-zone was originally created; however, it appears that the zones
were delineated by the Spruce Street/Westward Street right-of-ways.
The applicant notes the intent to continue to operate commercially (Klauder &
Company Architects, inc.) and the hope to expand the commerciaf use of the
property. Most commercial uses are not aliowed in the Conservation zone. In
the Townsite Historic zone, sorne commercial uses are allowed. However,
those uses that couid impact the integrity of the zone require conditionai use
permits. All new development in the Townsite Historic zone must be reviewed
and approved to insure the integrity of the zone is maintained.
The requested rezone meets the criteria of the Kenai Municipal Code for an
amendment and will eliminate a split-zone situation. The rezone to Historic
Townsite will allow some commercial activities; however, ali new development
in the zone must be reviewed and approved. Through this review process,
concerns about development in the section of the land presently zoned
Conservation should be minimized. Recommend approvaL
0607 Commencdoc
Report prepared by:
Marilyn Kebschull, AICP
Pianning Administration
ATTACHMENTS:
Page 3
1. Resolution No. PZ06-07
2. Application with Attachments
% ~,~~~
~~ -.
-__ _=-- ~e
~~ thea~of ~~
KENAI. ALASKA
~
~r~ -~~ ~
Cy~o75~1 Z
~~(/c~~a~e witti a Past, Ga~~ ~;~it~i a Fr~ture ~~
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
Telephone: 907-253-7535 / 907-283-3014 ~~II~.
I ~~VED ,94z
JAN 'S?OOg
REZONING APPLICATION
(1Cn.
Intended Use and/or Reason for Rezoning:~Gv(tellt( ~,(~-a r`l~~~ ~q~ c~., Qn4 r
cg~ -~~ (~frop'~ay c~S- ~S-2 -~_.~i din~ ~ ~~a...~u~ ~ Co d~~ ~ ~nc.
nl~i~! l ~ r
t.-~iv ` n,H„2 oRera i.~c co,u.,xt1ci y a{"'~C
~ n _ ~i ~i ~ ~,
Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning ~
Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE
BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE
THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS.
1•~ Amendments to the Kenai Zoning Code and Official Map may be initiated
by: Kenai City Council; Kenai Planning and Zoning Commission;
Submission of a petition by a majority of the property owners in the area to
be rezoned; or, a petition beazing the signatures of fifty (50) registered
voters within the City of Kenai to amend the ordinance text; or,
submission of a petition as provided by fhe Home Rule Charter of the City
of Kenai. '
2. ~ Amendments to the Officiat Zoning Map shall be considered only if the
area to be rezoned contains a minimum of one (1) acre (excluding street or
alley right-of-way) unless the amendment enlarges an adjacent disttict
boundary.
PETITIONER °~ C s
ADDRESS (P~ ~ ,~~^ ~ ~~
PHONE p
LEGAL DESCRIPTION /~ - g ~ ~ ~
PRESENTZONE ~Z, -k-~pn ~ <Z ~~/(Srlc ~~
PROPOSED ZONE ° ~,, ; ~ ~ f L ~ ~
Rezoning Apptication Page 2
3. ~ A Public NotificaCion and Hearing is required before the issuance of this
permit. A$105.00 non-refundable deposiUadvertising and administrative
services fee is required to cover these notification costs. Depending on the
rezone location, an Affidavit of Posting may also be required.
4. ~ A proposed amendment to the zoning ordinance which is substantially the
same as any other proposed amendment submitted within the previous
nine (9) months and which was not approved shall not be considered.
~~-.1~~~ ,~
Petitiorje~r's 5ignature HAIRPERSON
A
REZONING CHECKLIST:
~/a. MAP
/b. SIGNATURES
-~~c. DEPOSIT/ADVERTISING FEE ($105)
L---- "d. APPLICATION FORM OR LETTER
~e. AFFIDAVIT OF POSTIlVG
% ~: ~~
_;t.~ ~ ..
_ ,
CITY OF KENAI
PLA1'NING .AlVD ZONLtiG CONIIVIISSION
RESOLtiTION NO. PZ06-07
REZONE PERMIT
A RESOLUTION OF THE PLA~P.~IING Aiv'D ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE
REQUESTED REZONING SUBMITTED 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:
l. The subject properiy is currently zoned Split - Conservation & Historic Townsite
2. The present land use plan designation is ConservationlOoen Space
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 No 3 is hereby
recommended to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF TAE CITY OF
I{ENAI, ALASKA, JANUARY 25. 2006.
CFIAIRPERSON: G ~~2,~~~~~.x+.~~y,~TTEST: ~~~+2ti~'~+~"'l
/7~~ ~
5-c. PZO6-07 -- An application to rezone a portion of Tract A-1B
Petersen Subdivision Addition No. 3(606 Petersen t~iay), 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 reaone would eliminate a split zone situation; the
area would be rezoned from Conseroation 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 wouid 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 Thomas Andsew, Kenai Russian Orthodox Church, Kenai, Alaska --
Father Andrew noted the following:
• 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 Chapel.
• Additional construction would change the scenery of Old Towne
and the behavior would change.
• Requested the Commission keep the azea 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.
• Shazes the values and anything he would do on the site would
reflect those values.
• Development causes change and change will happen, whether it is
a change for the better or worse.
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
• He hopes that thoughtful development in the Old Towne district
could be a positive thing for Kenai and the residents in the azea.
• 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 ~ime.
• He will be respectful of the process.
• When he purchased the property, he did not realize there was a
split 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 bluff, even though it is not eroding at
this azea and at this time any construction or building may damage it.
• There is a meandering stream through the flats which is an
essential part of Oid Towne and she does not want to see that disturbed.
• Requested the Conservation Zone remain in place.
With no further comments, Amen ciosed the public hearing at 7:40 p.m.
Commission discussion followed, including comments as follows:
• Asked if staff would describe the area towazd 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 carefui not to impact the azea.
~ Asked if the properties in that area aze affected by the new
overlay, Kebschull noted split lots would need to be considered when reviewing
the overlay.
• Because the bluff is vegetated and the drainage azea is protected,
Eldridge felt the bluff was not impacted by the Cook Inlet.
VOTE:
Twait Yes Romain Yes Amen Yes
B son Yes Chase Yes Eidrid 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.
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
Ordinanee No. 2143-2006
~
-
Suggested by: Planning and Zoning Commission
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(RR1)
AND SUBURBAN RESIDENTIAL (RS) ZONES TO HAVE INGRESS AND EGRESS TO
THE KENAI SPUR HIGHWAY.
WHEREAS, Footnote 19 of the Kenai Zoning Code currenUy 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 Exhibit A.
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:
Adopted:
Effective:
February l, 2006
February 15, 2006
March 15, 2006
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Foomotes:
(1) A1lowed as a secondary use except on the ground floor of Yhe part of the building fronting on
collector streets and major highways.
(2) One (i) single-family residence per parcel, which is part of the main building.
(3) A1lowed as a conditional use, subject to sarisfying the following eonditions:
(a) The usable area pec dwelling unit shall l~e the same as that required for dwelling units in the
RS zone;
(b) The site square footage in area must be approved by the Commission;
(c) Yacds azound ehe sire, off-street parking, and other development requirements shall be Che
same as for principal uses in the RR zone;
(d) WaCer and sewer facilities shall meet the requiremenCS of all appticable healCh regulations;
(e) The proposed dwelling group witl constitute a residential area of sustained desirability and
stability; will be in harmony with the character of the sunounding neighborhood, and will not
adversely affect surrounding property values;
(~ The buildings shall be used only for residential purposes and customary accessory uses, such
as gazages, storage spaces, and recreational and communiry activities;
{g) There shali be provided, as part of the proposed development, adequate recreaCion ueas to
serve Che needs of Che anticipated populaCion;
(h) The development shall not produce a volume of traffic in excess of the capacity for which the
access streets are designed;
(i) The property adjacent to the proposed dwelling group will not be adversely affected.
(4) See "Townhouses" section.
~ (5) See "Mobile Homes" section.
~~~ (6} Allowed as a eonditional use, subjecC to "Mobile Homes" section and provided that any
mobile home park meets Che minimum Federal Housing Authority requirements.
(7) See "Planned Unit Residential Devetopmen[" section.
(8) Allowed as a conditional use, provided thaC the proposed location and Che characteristics of
the site will not desCroy the residential character of the neighborhood.
(9) Allowed as a conditional use, provided that all applicabte safety and fire regulations are met.
(10) Provided thaC no part of any building is located nearer than thirty (30) fee[ to any adjoining
street or property line.
(11) Allowed as a conditional use, provided that no parC of any building is located nearer than
thirty (30) feet to any adjoining streeC or property line and provided further that the proposed
location and characteristies 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 location of the use and the size and characteristic of the site will maximize its
benefit to [he public;
(b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on
publie streets.
(13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions ue
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 conditionai use, provided thaC no indication of said use is evident from the
exterior of the mortuary.
E~chibit A
(15) Allowed, provided that the following conditions are met:
(a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and ~ ~
any adjoining property in a residential zone.
(b) Exits and entrances and off-street parking for the use shail be located to prevent traffic
hazards on the public streets.
(16) See "CondiCional Uses" section.
(17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
(18) Conditional Use allowed only on privately held property. Not aliowed on government lands.
(19) [ALLOWED AS A CONDITIONAL USE PROVIDED THAT INGRESS AND EGRESS
FROM THE PROPEKTY IS FROM THE KENAI SPUR HIGHWAY.] DeleCed bv Ord'n~anee
2144-2006J
(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 airport perimeter fence or having
access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authori2ed uses are
al(owed. (Ord. 2053-2004)
(21) Setbacks for use shall be the same as those listed in the `Development Requirements Table"
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 teachers or students for a sehool in the zone,
(23) Allowed as an accessory use in conjunction wiCh a permiCted use in the ED zone. For
example, a dormitory used to house studenCS for a school or educational Pacility.
(24) Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a gift
shop or coffee shop within another business).
(25)Art sCUdios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fitness
centers, photographic sCUdios, [ailors, tanning salons and massage therapists.
E~ibit A
,:.... ~ ..~ .~.Y\
, • -.~ -
~~_
\ -; ~"/
CITY OF KENAI
PLANNING A~ID ZONING COMMISSIO~T
RESOLtiTION l~'O. PZ06-OS
A RESOLUTION OF THE PLANNII~TG AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COU:~ICIL 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.
WHEREAS, Footnote 19 of the Kenai Zoning Code currently requires some conditiona] 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 Deparhnent 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, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA recommends that the Kenai Municipal Code be amended by eliminating
Foomote 19 from the Land Use Table in KMC 14.20.010 as shown in attached Exhibit A.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 25th day of Januarv, 2006.
ATT T:
~~/~ CHAII2b~~N ~~
/ °~V'l(a~e witlr a Past, G~~ r~vii~i a F~cture ~~
~;, ~' r~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~?'
--~~ = Telephone: 907-283-7535 / FAX: 907-283-3014 ~'~~~~
--.. - ~~:
1992
\ thec~~of'
KENAI,RLASNA
~
~~~~ ^
TO: Chartes M. Kopp, Acting City Manager 11 ~
FROM: Marilyn Kebschull, Planning Administrator~
THRU: Jack La Shot, Public Works Managern,~
DATE: February 7, 2006
SUBJECT: Ordinance No. 2144-2006
The Planning and Zoning Commission heid a public hearing on January 25`h, and
passed Resolution PZ06-05 recommending an amendment to Title 14 eliminating
Footnote 19 from the Land Use Tabie. The recommendation was made after
reviewing Footnote 19 and discussing the foliowing issues:
• Footnote 19 reads, "Allowed as a conditional use provided that ingress
and egress from the property is from the Kenai Spur Highway."
• Footnote 19 is listed as a requirement for some conditional use
permits in the Rural Residential 1 and Suburban Residential zones.
• The State of Alaska, Department of Transpo~tation, issues right-of-way
permits for the Kenai Spur Highway and limits access to the highway.
• Footnote 19 may prohibit development that may otherwise be
appropriate.
• When applications for Conditional Use Permits are reviewed, the
Commission evaluates access to i~sure that the proposed use is
suitable for the location. The Commission may place requirements on
permits inciuding access to and from specific right-of-ways.
• It may be appropriate to amend the Land Use Table and review access
on a case-by-case basis.
~ ~~
~~
Suggested by: Pianning & Zoning Commission
CITY 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 2'7, 2005 the Planning and Zoning Commission held a public
hearing on a request from a property oumer 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 area 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
Commerciat Zone proposal on January 11 and January 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 parcels zoned both Rural Residential (RR)
and General Commercial (CG); and,
WHEREAS, the Limited Commercial Zone (LC) provides a transition area between
commercial and residential districts, allocving 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 suitable for all land uses and
to prepare criteria and standazds under which compatible miiced uses are allowed to
ensure that the uses are compatible with surrounding uses; and,
WHEREAS, the Limited Commercial Zone (LC) allows compafibie mixed uses with
specific developrnent 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 Limited Commercial (LC) Zone.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY Or 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 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
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~ -~ ~~:,'"'-; ~~~ CITY OF KENAI
„-'~ ~ PLANNING AND ZONING COMMISSION
~~rhe~uy,f ~ RESOLliTION NO. PZ06-01
KEkA~ SKA
A RESOLUTION OF THE PLANNING AND ZONItviG COMMISSION OF THE CITY OF
KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE
REQUESTED REZONING SUBMITTED BY
1~'Ai~1E: John Hammelman. Chairman, Planning and ZoninQ Commission
ADDRESS: Citv of Kenai. 210 Fidal~o Avenue Kenai AK 99611
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 & Nei2hborhood Commercial
3. The proposed zoning district is Limited Commercial
4. An appropriate public hearing as required was conducted Januarv 11, 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. 3c North Fern Street as :
shown on Attachment A is hereby recommended to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JANUARY 25, 2006.
CHAIRPERSON~P/~__l~r~/ .1~'"'ATTEST:
/
~~
e
SUBSTITU'1'~;
' Suggested by: Planning & Zoning Coinmission
CITY 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 53.85 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 area along the Kenai Spur Highway for possible rezoning to the L'united
Commercial Zone (LC); and,
WHEREAS, the Planning and Zoning Commission held public hearings on the Limited
Commercial Zone proposal on January 11 and January 25, 2006 and received public
testimony; and,
WHEREAS, the azea to be rezoned is 53.85 acres and meets the size requirements of
KMC 14.20.270; and,
WHEREAS, the azea to be rezoned includes parcels aoned both Rural Residential (RR)
and General Commercial (CG); and,
WHEREAS, the Limited Commercial Zone (LC) provides a transition area between
commercial and residential 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 suitable for all land uses and
to prepaze criteria and standards under which compatible mixed uses are allowed to
ensure that the uses are compatible with surrounding uses; and,
Ordinance No. 2145-2006
Page 2 of 2
WHEREAS, the Limited Commercial Zone (LC) allows compatible mixed uses with
specific development criteria for separate uses; and,
WHEREAS, the proposed rezone will provide for low-impact commercial deveiopment
along the highway while not restricting residential uses; and,
WHEREAS, on January 26, 2d05 the Commission recommended that the Council
rezone the properties shocvn on Attachment "A" from Rural Residential (RR) and
General Commercial (CG) Zone to the Limited 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 COUNCIL 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: March 15, 2006
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KENA~ SKA
~~Vi'lla9e wit~i a Past, Gc~ witl~ a Fc~ture"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
Telephone: 907-283-7535 / FAX: 907-283-3014 ~~I~~~
1992
M~~ ^
- --
TO: Charles M. Kopp, Acting City Manager ~
FROM: Maril n Kebschull Piannin Administrator ~,
Y ~ 9
THRU: Jack La Shot, Public Works Manager ~
DATE: February 9, 2006
SUBJECT: Ordinance No. 2145-2006
The Planning and Zoning Commission held public hearings on January 11 and
January 25, 2006 on the proposed rezone of properties in the Thompson Park
area. The Commission, as the result of a remand by the Board of Adjustment,
initiated the rezone. The staff comments dated December 28, 2005 outline the
history of the proposed rezone.
On January 25, 2006, the Commission passed Resolution PZ06-01
recommending the rezone to Council. The recommendation amended the
originai area by removing properties located south of Shell Drive.
On February 8, 2006, Commissioner Eldridge moved to reconsider the rezone.
Upon reconsideration, the Commission approved the rezone excluding those
properties located south of Shell Drive on the west side of the Kenai Spur
Highway (Sungate Subdivision).
Attached for Council's review are the following:
1. Staff comments dated 12/28/05.
2. Resolution PZ06-01 with Attachments A& B approved 2/8/06.
3. Exhibit A showing the properties added to the proposed rezone on
2/8/06.
4. Excerpts of the minutes from 1/11/06 and 1/25/06 Planning and Zoning
Commission meeting.
STAFFREPORT
To: Planning & Zoning Commission
Date: 12/28/05
Res:PZ06-01
GENERAL INFORMATION
Applicant: John Hammelman, Chairman
Kenai Planning & Zoning Commission
210 Fidalgo Avenue
Kenai, AK 99611
Requested Action: Rezone from Rural Residential and General
Commercial to Limited Commercial
Legal Description: Parcels between Ross Street & North Fern Street as
shown on Attachment A
Street Address: See Attachment B
KPB Parcel No.: See Attachment B
Existing Zoning: Rural Residential & General Commercial
Current Land Use: See Attachment B
Land Use Plan: Neighborhood Commercial & Rural Residential
ANALYSIS
Generai Information:
In June 2005, Jay and William Snow applied to rezone their property located at
5648 Kenai Spur Highway from Rural Residential to General Commerciai to
allow them to operate a car sales lot and auto repair business. The Planning &
Zoning Commission heid a pubiic hearing on July 27, 2005. The Commission
denied the requested rezone. On August 9, an appeal was filed by Jay Snow.
On September 7, the Board of Adjustment heid a hearing on the appeal. The
decision of the Board was issued on October 7, 2005. The Board remanded the
decision to the Commission for consideration of rezoning to Limited Commerciai
zone. The Board aiso asked that the Commission notify and seek input from
nearby property owners.
In October administration prepared information for the Planning & Zo~ing
Commission to consider in response to the remand from the Board of
Adjustment. An area along the Kenai Spur Highway was identified for
0601 Comment.doc p~ge Z
consideration. The Commission requested staff to contact the owners of
identified properties and seek input into the possible rezoning of their properties.
Notices were sent to 55 property owners along the Kenai Spur Highway from
Ross Road to Fern Street. lnput was received from four owners (three emaiis
and one phone ca111. Of those responding, three were in favor of the rezone and
one was against. After receiving this information, the Commission directed
staff to proceed with a public hearing to consider the rezone of these properties.
KMC 14.20.270 describes amendment procedures. Section 2 states,
"Amendments to the Official Zoning Map shali be considered only if the area to
be rezoned contains a minimum of one (1) acre (excluding street or ailey rights-
of-way) unless the amendment enlarges an adjacent district boundary." The
proposed rezone area is approximately 58.75 acres.
The area being considered inciudes parcels currentiy zoned Rural Residential and
General Commercial. The proposed zone to the Limited Commercial zone would
allow a mixture of residential and commercial uses. There are developed and
vacant lots in this area. Shown on Attachment B is a list of parcels and their
current usage and whether or not the use would be conforming in the Limited
Commercial zone. Based on Kenai Peninsula Borough property data and a visual
review of the area, there may be 11 non-conforming uses created. Of these, 6
are currently non-conforming (three mobile homes and three accessory
buildingsl. The other five parcels that the rezone would create non-conforming
uses are due to size of the structure's footprint exceeding the ailowable 3000
square feet (the Fraternal Order of Eagles - buiiding straddles lot line, the
storage facility, the transmission shop/warehouse, and the Wisniewski
residence/funeral home).
Three non-conforming lots would be created by the rezone. A non-conforming
lot would be one that is less than the required 12,500 square feet.
The Limited Commercial zone was "established to provide transition areas
between commercial and residential districts by allowing low to medium volume
business, mixed residentiai and other compatible uses which complement and
do not materially detract from the uses allowed with adjacent districts." The
increased traffic along the Kenai Spur Highway has limited residential
development along the highway. The Board of Adjustment noted, "The Board is
forced to recognize that resiricting use of the property to solely residentia{
purposes may simpiy result in vacant and run down homes along the highway."
The Board commented that this area might be appropriate for limited commerciai
use while protecting neighborhoods and, "The Limited Commercial Zone was
specifically designed for this type of zoning problem, allowing limited
commerciai development while protecting adjoining residential neighborhoods."
The City of Kenai Comprehensive Plan addresses concerns of commerciai
0601 Comment.doc Page 3
development in residential areas, "Another issue of neighborhood concem is
commercial development near residential areas as conditional uses or through
rezones, particularly along the Kenai Spur Highway. One of the goals of zoning
is to achieve stable, livable residential neighborhoods by separating them from
incompatibie uses. This is best achieved by zoning sufficient suitably located
land for all expected uses, then adhering to the zoning pian." Under
Commercial ~and Use Development Policies, the plan speaks to promoting
adaptive reuse of vacant commercial building in the city center and along the
Kenai Spur Highway. "Prepare criteria and standards under which compatible
mixed uses are allowed to ensure ihat the uses are compatible with surrounding
uses." (Page 37)
When the Comprehensive Plan was written, the City did not have a mixed-use
zone. Since then, the Limited Commercial zone has been developed to allow
mixed uses of residential and commercial. The zone has strict development
criteria that limit the size of structures as weli as landscaping with separation
between uses.
Citv Enqineer:
Kenai Spur Highway access could become and issue with the high density of
smail lots. Most commercial uses that could generate high traffic volume
require conditional use and access should be reviewed during the conditional
use process.
Buildinq Official:
No building code issues.
RECOMMENDATIONS
The Board of Adjustment remanded the appeal of a rezone to the P~anning and
Zoning Commission to consider rezoning an area along the Kenai Spur Highway
from the Rural Residential and General Commercial zones to the Limited
Commercial zone. The area lies between North Fern Street and Ross Street.
The area is developed with a mix of residentiai and commerciai uses.
The City of Kenai has identified the area along the Kenai Spur Highway as
hindered from future development due to traffic along the highway and the
residenxial zoning limitation. There is limited land currently zoned commercial
alo~g the highway and the current vacant residential land does not allow for
commercial deveiopment. Tne Comprehensive Plan noted that uses should not
be allowed through the conditional use process the has been used to allow
some development along the highway and recommended zoning suitable for ali
land uses and to prepare criteria and standards under which compatible mixed
uses are allowed to ensure that the uses are compatibie with surrounding uses.
0601 Comment.doc
Page 4
The proposed rezone from Rurai Residential and General Commercial to Limited
Commercial will provide for development along the Kenai Spur Highway while
not restricting residential use. Based on the application and review of Kenai
Municipal Code and Comprehensive Plan, the requested rezone meets the
criteria for an amendment to the zoning map.
Recommend approval.
Report prepared by:
Marilyn Kebschull, AICP
Planning Administration
ATTACHMENTS:
1. Resolution No. PZ06-01
2. Application with Aitachments
% ~.,~:\
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~ rb<uH>f /
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-Ol
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING APPROVAL TO THE KENAI CTTY COUNCIL OF THE
REQUESTED REZONiNG SUBMITTED BY
NAME: _ John Hammelman. Chairman, Planning and Zoning Commission
ADDRESS: C_ity of Kenai, 210 FidalQO Avenue, Kenai, AK 99611
LEGAL: See Attachments A& B
PARCEL #: See Attachment B
WHEREAS, the Commission finds the following:
1. The subject paoperty is currently zoned Rural Residential and General Commercial
2. The present land use plan designation is Rural Residential & NeiQhborhood Commercial
3. The proposed zoning district is Limited Commercial
4. An appropriate pubiic heazing as required was conducted Januarv 11 & 25, 2006
5. The rezone was reconsidered on February 8, 2006.
6. That the following additional facts have been found to exist:
7. Applicant must comply with aIl 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: Properties between Ross Street & North Fern Street
excluding pFopert~tes South of Shell Drivenand West of the Kena pur g way (Sungate
O..i~t t Arr.. L ~ A
to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, FEBRUARY 8. 2006.
I-'~U~°U ~
Limifed Corr~mercial Rez~ne
February 9, 2006 Attachment A
PZ06-01
February 9, 2006 Attachment A
Limited Commercial Rezone
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PZ06-01
Exhibit A
Limited Commercial Rez~ne
YTEM 5: PUBLYC HEARINGS
5-a. PZ06-O1 - An application to rezone parcels located between Ross
Street & North Fern Street as shown on Attachment A(on file)
from Rural Residential and Generai Commercial to Limited
Commercial. Application submitted by John Hammelman, Chair,
Planning 8c 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 aiso noted:
• The area being considered includes parcels currently zoned Rural
Residential and General Commercial.
• The proposed zone of Limited Comrnercial 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 cnteria to limit the size of
structures as weli as landscaping with separation 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.
Chairman Amen opened the public hearing at 7:25 p.m.
MOTION:
Commissioner MOVED to approve PZ06-03 and Commissioner Bryson
SECONDED the motion.
Merry Zumwalt, 640 Tern Place, 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 leamed
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 o~ces, etc.
Joseph Frank, 450 Phillips, Kenaa, Alaska -- Mr. Frank noted the following:
• He has lived at his address for 2'7+ yeazs and raised three children
there.
• He enjoys his beautiful 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.
PLANNING & ZONING COMMISSION MEETING
JANUARY i l, 2006
Page 1 of 5
• 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 Phillsps 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 Commerciai.
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 compieted 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 courUng disaster.
• Expressed concern with where the City's water and sewer service
ended and noted his 1ot 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 vehicies may end up using the bike trail if
businesses aze allowed to build on the north side of the Spur Highway.
• He did not support the idea and felt 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 Wartham Avenue, Kenai, Alaska -- Mr. Montgomery
noted the following:
• His property is situated just off of Ross Street and back in behind
the area 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 difficult to get out on the Spur Highway right now.
PLt\NNING & ZONTNG COMMISSION MEETING
JANUARY 11, 2006
Page 2 of 5
• Expressed concern with the fact there is no water or sewer in the
area and fears disposal issues from businesses as well as concern related to
contamination of water wells from businesses that may go in there.
• He is definitely against the rezone.
Aprii 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 £eels 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 ciearly outlined to
alleviate any concerns other neighbors may have.
Don Pearce, 155 Richfield Drive, Keaai, Alaska -- Mr. Pearce stated the
comment made earlier about the zoning was contradictive as it would not aliow
commercial lots, car dealerships or repair facilities, however a transmission
shop is currently in the area. 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.
Pearce stated he would not have an issue if 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 lights 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~st. Frank noted, only residential homes
existed 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 azea
when it was already residential by nature. Bryant also asked what affect the
rezone would have on tas 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
residentiai lots.
PLANNING & ZONING COMMISSION MEETING
JANUARY 11, 2006
Page 3 of 5
Tom Rhyner, Kenai, Alaska -- Mr. Rhyner noted the area known as Sungate
Pazk 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 Kebschuil
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 covenants. 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
between a commerciai development and a residential development and still
aliow 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 Pazk are
zoned Commercial and because only four Commission members were present,
one vote would defeat the issue.
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 Shiriey 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 Eagle 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 wouid
be present and explained the reason to the public.
MOTION:
Commissioner Bryson MOVED to postpone PZ06-O1 and Coinmissioner ltvait
SECONDED the motion.
VOTE:
PLANNING & ZONING COMMISSION MEETING
JANUARY 11, 2006
Page 4 of 5
' Eldrid e i Yes Amen Yes
i Chase Absent Twait i 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.
PLANNING & ZONING COMMISSION MEETING
JANUARY 11, 2006
Page 5 of 5
YTEM 6: OLD BUSINESS
6-a. P206-O1 -- An appiication to rezone parcels located between Ross
Street 8c 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 8s Zoning Commission, City of Kenai, 210 Fidalgo
Avenue, Kenai, Alaska. (Postponed from 1/11/06.)
Amen opened the meeting for additional public comment and noted the public
testimony given at the last meeting was in text form and included in the
meeting packet.
April Fnik, Kenai, Alaska -- ~xlk 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 Bu'slding O~cial -- Spring stated the proposed
Limited Commercial Zone wouid make it more difficult to develop commercially.
William 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 potenfial noise from businesses that may
go in the area.
• He is concerned that should a commercial facility go in the area, it
would go into the buffer zone.
• He is concerned with increased traffia
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, Keaai, Alaska -- Fulk stated the following:
• He is in favor of the rezone and felt that many of the individuals
who aze speaking against it do not understand exactly what the Limited
Commercial Zone would allow with regard to businesses.
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
Page 1 of 2
• Noted mechanic shops and auto sales would not be allowed; he
asked if hair salons would. Kebschull replied tr.e new zone prohibits auto sales
and car lots. She added, hair salons could be classified as personai 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.
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 $ryson MOVED to delete Sungate Subdivision from the proposed
rezone which would include 500, 505, 61 S, 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 wiL' remain Rural F.:-;-,idential. Commissioner Eldridge
SECONDED the motion.
VOTE ON MOTYON TO AMEND:
Twait Yes Romain Yes Amen Yes
Bryson Yes Chase YP~ Fi,~~: y~e 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 explained 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 built in this zone.
VOTE ON MAIN MOT%ON AS AMENDED:
ltvait Yes Romain Yes Amen No
B son Yes Chase Yes Eldrid e Yes
MOTION PASSED UNAN%MOUSLY.
PLANNING & ZONING COMMISSION
JANUARY 25, 2006
Page 2 of 2
....
Suggested by: City Councii
CYTY OF KEN.~1I
RESOLUTION NO. 2006-OS
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING THE
PUBLIC HEARING DATE ON THE PROPOSED ANGLER DRIVE PAVING DISTRICT.
WHEREAS, the City of Kenai has received a petition to form a special assessment
district in the above-mentioned paving project; and,
WHEREAS, the Council must set a date of pubiic hearing on the proposed assessment
district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the date of the public hearing on the proposed Angler Drive Paving
Special Assessment District be set for April 5, 2006.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
February,2006.
PAT PORTER, MAYOR
A1"I'EST:
Caroi L. Freas, City Clerk
clf
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KENA~ SKA
~~V ~la~e wit~i a Past, Gc~ t vit~ a Future ~~
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMOIaANDUM
TO: Mayor and Council Members
FROM: Carol L. Freas, City Cl~ ~~, ,^,,~
~'~ti~
DATE: February 10, 2006
RE: PROPOSED ANGLER DRIVE PAVING DISTRICT
The processing of a Local Assessment Distnct (LID) begins with a petifion being
submitted with signatures of at least 50°/o of the property owners to be affected by the
improvement. The process continues with:
Action Notes
Petition submittal 11 04 O5 etition submitted
Improvements requested Asphalt paved road, improved drainage
alo?~ shoulders.
Petifion found sufficient 11 16 OS
Petition forwarded to Ci Mana er. 11 16 05
City Manager submits report to City Report included in 12/21/05 councIl
Council within 60 days from receipt packet.
from Citv Clerk.
Within 30 days after consideration by Submitted to Clerk 1/ 19/06.
council (12/21/05), preliminary
assessment roll submitted to City
Clerk.
Within 30 days after submission of Resolution No. 2006-05 included on
preliminary assessment roll, Clerk agenda for 2/ 15/06 council meeting.
prepares resolution setting a date
within 60 days for a public hearing on
the ro osed im rovement.
Upon setting of public hearing date,
Clerk publishes a notice at least once
a week for four (4) consecutive weeks,
including a summary of improvement,
etc.
Clerk sends by mail to record owners
of property notice of the public
hearin .
Clerk prepares and includes Set by Resolufion No. 2006-05.
resolution for continuation of the
ro~ect to counci2.
Memorandum of Explanation
Resolution No. 2006-OS
Page 2
Council is now at the point where it considers Resolution No. 2006-OS, setting a public
hearing within 60 days. If passed, within the 60-day period Administration would
hold a cost allocation meeting with the property owners, discussing rate of
assessment, funding sources, etc.; the public hearing notices would be sent to the
property owners; and, a notice would be advertised in the newspaper for four
consecutive weeks.
It is important for council to know the following:
• Currently, there is no funding available for this project.
• The newspaper advertisement (published four consecutive weeks prior to
the hearing) will cost approximately $800.
• A lot of in-house preparation work will need to be done within the 60
days and will affect the property owners. The preparation work could be all for naught
if the process is continued and no funding is identified.
• Currently, there is no provision in the code to hold the petition in an
active mode until funding is identified. If Resolution No. 2006-05 fails, the
project/process stops (property owners would be informed of the council action). A
new petition would be required to begin again.
Recornmeadation: Because no funding is available at this time, it is Administration's
recommendation Council not move forward with this project.
cif
_
Suggested by:
CITY OF KENAI
RFSOLUTION NO. 2006-06
r~ammistration
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A
PROFESSIONAL SERVICES CONTRACT FOR AIRPORT SECURITY GUARD SERVICES
AT THE KENAI MUNICIPAL AIRPORT TO KENAI SECURITY SERVICES, INC. FOR THE
PERIOD MARCH l, 2006 THROUGH FEBRUARY 28, 2009.
WHEREAS, two responsive bids were received on February 8, 2006 far the contract
year March 1, 2006 through February 28, 2009 (and may be extended for two
successive one-year terxns by mutual consent of the City and the Contractor); and,
WHEREAS, the bid amounts received were as follows:
Bidder Per Hour
Kenai Security Services, $28.00
Inc.
Guardian Security $40.00
WHEREAS, Kenai Security Services, Inc. submitted the lowest responsible bid for the
Kenai Municipal Airport; and,
WHEREAS, the Council of the City of Kenai has determined that award to this bidder
will be in the best interest of the City.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the Airpart Security Guard Services Contract is awarded to Kenai
Security Services, Inc. for the Kenai Municipal Airport for the period March 1, 2006
through February 28, 2009.
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
Approved by Finance: ~
~
..~a "Seavi,v~t3~.eiGv~ea~rx K.evi.a.L ~e~.l.~~u,ia:'
ens~1
aosN.vnLLOwsr.surtE2oo ~,a~asicassc~~
Municipal Airport ~NE~7-283795~
FAX ~'7,?83~3737
~ •
To: Charles M. Kopp, Acting City Manager
From: Rebecca Cronkhite - Airport Manager
Date: February 9, 2006
Subject: Award of Airport Security Guard Services Contract
The Airport advertised a Request for Proposals (RFP) for Professional Services to provide
Airport Security Guard Services at the Kenai Municipal Airport. The requirements were the
same as the current Contractor (Guardian Security) has been providing for the last 5 years.
Two proposals were received and evaluated in accordance with the advertised procedure. The
contractors submitting proposals were Guardian Security and Kenai Security Services. The
evaluation team was comprised of Acting City Manager/Police Chief Chuck Kopp, KPD
lieutenent Kim Wannamaker, and Airport Manager Becky Cronkhite.
Both proposals were from qualified bidders and deemed responsive; therefore, the primary
deciding factor was the bid price as noted in the attached resolution for Councii consideration.
The recommendation is to award the Airport Security Guard Services Contract to Kenai Security
Services.
www.ci.kenai.ak.us.
FEB-10-2006 FRI 01;31 PM KENAI PENN BOROUGH CLERK FAX NO, 907 262 8615
~~~
-~~
, ~ KEN.A-8 PENINSULA B~ROUGH
144 N. BINKIEY - SOI.DOTNA, ALASKA ~ 99669-7599
a ~ 6USINESS (907) 714•2160 FAX (907) 714-2388
EMAIL: assemhlyclerk@borough.kenai.ak.us
+e,
' "<. ~a/'o'e .
SHERRY BIGGS, CMC
80ROUGH CLERK
February 9,2006
Ms. Dawn Holland-VJilliams
Itecords & Licensntg Supervisor
Alcoholic Beverage Control Board
5848 E. 'ihdor Rd.
Anchoruge, AK 99507-1286
Re: Application for Renewal of Liquor ~.icensa
beaz Ms. I3olland-VVilliams:
Ptease 6e advised that the Kenai Peninsula Borough has no objection co the approval of the application(s)
forrenewai ofthe liquor license(s) forthe folIowing establiehmenti(s), located inthe City of Kenai, Alaska:
Cluh
Eagles - #3525
Bevera e Uis ensar - Tovrism
(7gper Deck - #2993
Restaurnn~s-tinE Place
New Peking Chinose Restaurant - #3239
Beverage_Uisnensarv - Tourism - Seaaonal
Kenai Landing - ~F4355
RestaurantJEatin~Place-Puhlic Conveoienee
Cliarlorte's - #4439
The KenaiPeninsula BoroughFinance Deparhnenthas reviewed its files and has raisedno ohjectionhased
on unpaid or delinquent taxas.
Sincerely,
~~ `~
~~
Shetry I3iggs, CM
Iiorough Clerk
cc: applicant
~~ty of Kenai
KPB Financa bepartment
File
6:1WPWINW.~'fnU9C BmMU94UUas~iTMBWy.SVt0awul M Clqr.upJ
-l
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 1, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htto: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. ConsentAgenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the councii and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLYC COMMENTS (10 minutes)
l. April Fulk -- Rezoning Ross Street to North Fern Street to Lunited
Commercial Zone.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARiNGS
1. Ordinance No. 2136-2005 {As Amended) -- 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) Pazcels 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
approval of a motion to postpone the ordinance to the February 1, 2006
meeting. To substitute, a vote on the motion to substitute is required.j
2. Resolution No. 2006-03 -- Urging the State of Alaska to Frovide for a
Sustainable Revenue Sharing/Community Dividend Program for All
Alaskan Communities.
Resolution No. 2006-04 -- Directing the Continuation of the Project
Entitled "McColium and Aliak Drives Paving District" and liesignating
What Improvements Are to Be Included in This Project.
ITEM F:
ITEM G:
ITEM FI:
*New Liquor License -- MITAK, LLC, d/b/a .406 Family Sports Cafe --
Beverage Dispensary Tourism.
MINUTES
*Regtxiar Meeting of Januasy 18, 2006.
*Council Work Session Notes, January 13-14, 2006/City Manager
Candidate Interviews.
UNFINISHED BUSINESS
NEW BUSYNESS
Bills to be Ratified
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 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 Chazges
Which are Due and Unpaid to Become Liens Agairast the Property Served.
6. *Ozdinance No. 2142-2006 -- Amending KMC 14.20.290 to Clarify
Which Issues May Be Appealed to the Boazd of Adjustment and Setting
Forth Rules Regazding Who Has Standing to Bring Appeals.
'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. *Ord'anance No. 2144-2006 -- Eliminating From the Kenai Zoning Code
Land Use Table (KMC 14.22.010], Footnote 19 that Requires Some
Conditionai Uses in the Rural Residential-1 (RRl) and Suburban
Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
9. *Ordanance No. 2145-2006 -- 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 Cornmercial (CG) to
Limited Commercial (LC).
10. Approval -- City Manager Contract
1 l. Approval -- Lease Application/Lounsbury and Associates, Inc. on Behalf
of Lowe's HIW, tnc. -- Lots A-1 & A-2, Baron Park No. 6.
12. Discussion -- Scheduling Board of Adjustment Hearing/Appeal of
Planning & Zoning Commission Denial of 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. Appeal Filed by Larry R Carlson and
Wendy J. Goodloe.
13. Discussion -- Scheduling Board of Adjustrnent Hearing/Appeal of
Planning & Zoning Commission Approval of Rezone of Parcels Located
Between Shell Drive and North Fern Street 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. Appeal Filed by Heath and April
F`ullc.
ITEM I:
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreauon Commission
6. Planning & 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:
ETEM K:
1.
2.
3.
ITEM L:
REPORT OF THE MAYOR
ADMYIIISTRATION REPORTS
City Manager
Attorney
City Clerk
DISCUSSION
l. Citizens (five minutes)
2. Council
EXECUTYVE SESSION -- None Scheduled
ITEM M: ADJOURNMENT
KENAI CiTY COUNCIL - REGULAR MEETING
FEBRUARY 1, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / /www.ci.kenai.ak.us
MAYOR PAT PORTER, PRESIDYNG
MINUTES
ITEM A: CALL TO ORDER
Mayor Porter called the meeting to order at approximately 7:OO.m. in the Council
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:
Mike Bo le Pat Porter, Ma or Joe Moore, Vice Ma or
Linda Swarner Cliff Massie Rick Ross
Robert Mollo
A quorum was present.
Also Present: Les Krusen, Student Representative
A-3. AGENDA APPROVAL
Mayor Porter requested the following changes to the agenda:
ADD TO: Persons Scheduled to be Heard -- B-2. Kevin Jackson,
Depastment of Transportation and Patrick Middleton from
USKH -- ADOT&PF Highway Safety Improvement Program Project
ADD TO: Ytem E-3 -- M. NTueller, KPB Planning Departtnent letter stating
the Borough's non-objection to the proposed street paving project
and objection to the use of Option #3 in determining assessment.
ADD TO: I-2 8s I-6 -- Application of James R. Jenckes/Airport and/or
Planning & Zoning Commission Consideration.
MOTION:
CouncIl Member Swarner MOVED to approve the agenda with the changes and
' additions listed and requested UNANIMOUS CONSENT. Council Member Moore
SECONDED the motion. There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING
FEBRUARY 1, 2006
PAGE 2
A-4.
MOTION:
CONSENT AGENDA
Council Member Molloy MOVED to remove Items H-3, H-4, H-5, H-6, H-7, H-8, and H-
9 from the consent agenda and Council Member Boyle SECONDED the motion.
Council Member Molloy explained his request was to receive further information
related to the ordinances.
VOTE:
~Student Representative Krusen: Yes
Bo le Yes Porter No Moore No
Swarner No Massie Yes Ross Yes
Mollo Yes
MOTION PASSED.
MOTION TO APPROVE CONSENT AGENDA AS AMENDED:
Council Member Boyle MOVED to approve the Consent Agenda as amended and
Councii Member Massie SECONDED the motion.
VOTE:
~Student Representative Krusen: Yes
Bo le Yes Porter Yes Moore Yes
Swarner Yes Massie Yes Ross Yes
Mollo Yes
MOTION PA3SED UNANYMOUSLY.
YTEM S: SCHEDULED PiJ~gI.IC COMMENTS
B-1. April Fulk -- Rezoning Ross Street to North Fern Street to L'united
Commercial Zone.
Ms. Fulk reviewed actions taken by the Planning & Zoning Commission related to
rezoning a portion of properties along the Kenai Spur Highway to Limited Commercial.
KENAI CITY COUNCIL MEETING
FEBRUARY l, 2006
PAGE 3
She noted, she had hoped two properties adjacent to her property would be included
in the new zone but were not. It was also reported, Ms. ~xlk filed an appeal to the
Board of Adjustment.
B-2. Kevin Jackson, Department of Transportation and Patrick
Middleton, USKH -- ADOT8sPF Highway Safety Improvement Program
Project.
Messrs. Jackson and Middleton gave an update on the proposed Wiliow Street/Main
Street Loop upgrade, including the three suggested alternatives. It was reported, the
alternative chosen is to add red flashing beacon, islands, improvements to striping,
and new stop signs.
ITEM C: UNSCHEDULED PUBLIC COMMENTS
C-1. Tim Dillon, F~cecutive Director, Arctic Winter Games -- Mr. Dillon
gave an update on the planning and preparafions for the Games, including
discussions with Govemor Murkowski and Senator Stevens related to possible
additional funding.
C-2. Fred Braun, Daniels Lake, Nikiski -- Mr. Braun discussed the city's
efforts in attracting new business to Kenai and reported statistics related to real estate
activity in the city and outlying community.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
D-1. Margaret Gilman, Kenai Peninsula Borough Assembly Member -- Ms.
Gilman gave an update of actions taken by the Assembly at their last meeting and
briefly discussed the Transition Report and fmancial concerns of the Borough.
ITEM E: PUBLIC HEARYNGS
E-1. Ordinance No. 2136-2005 (As Amended) -- Authorizing the Sale of Four
(4) Pazcels of Land to The Conservation F~xnd for Fair Market Value and
Placing Certain Conditions on the Sale.
E-la. Substitute Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4)
Pazcels of Land to The Conservation F~xnd for Fair Market Value and
Piacing 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 substitute is required.j
KENAI CITY COUNCIL MEETING
FEBRUARY 1, 2006
PAGE 4
MOTYON:
Council Member Molloy MOVED to approve the substitute Ordinance No. 2136-2005
and Council Member Boyle SECONDED the motion.
There were no public or council comments. It was reported all parties agreed with the
sale agreement and closing on the boat launch property wouid probably be in 30 days,
when the ordinance took effect.
VOTE:
*Student Representative Krusen: Yes
Bo le Yes Porter Yes Moore Yes
Swarner Yes Massie Yes Ross Yes
Mollo Yes
MOTION PASSED UNANIMOUSLY.
E-2. Resolution No. 2006-03 -- Urging the State ~ ilaska to Provide for a
Sustainable Revenue Sharing/Community Di~~dend Program for All
Alaskan Communities.
MOTYON:
Council Member Swarner MOVED to adopt Resolution No. 2006-03 and requested
UNANIMOUS CONSENT. Council member Moore SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
E-3. Resolutiaa No. 2006-04 -- Directing the Continuation of the Project
Entitled "McCollum and Aliak Drives Paving District" and Designating
What Improvements Are to Be Included in Thi~ ?roject.
MOTION:
Council Member Moore MOVED for approval of Resolution No. 2006-04 and Council
Member Massie SECONDED the motion.
KENAI CITY COUNCIL MEETING
FEBRUARY l, 2006
PAGE 5
Susan Wilcox, 416 McCollum Drive, Kenai -- Reported she was in favor of Option #2
as outlined in the information forwarded to the property owners.
Jeanene Espy, 403 McCollum Drive, Kenai -- Stated she and her husband's
preference for Optian # i as they believed assessing by linear feet would be the fairest.
Marcus Mueller, Eagle Rock Drive, Kenai -- Reported he was representing the Kenai
Peninsula Borough and noted the Borough was not objecting to the project, however
Option #3 was preferred. He reviewed information from his letter which was included
in the packet. He added, he believed there was a lack of balance with Option #3 and
that Options 1, 2, and 4 would be much fairer.
Earl Moore, Gsace Brethren Church -- Reported the Church would be benefited by
the paving and encouraged the choice of Option # 1 as it would be the best for the cost
to the Church.
Referring to a memorandum included in the packet, Administration's request was
noted to postpone action on the resolution until Mazch 15 in order to hold a cost
allocation meeting with the residents of the area and discuss the different options of
assessment. It was also reported, administration was working on streamlining the
process and would be making some suggested amendments to the ordinance in the
future.
MOTION:
Council Member Molloy MOVED to postpone action on Resolution No. 2006-04 to
March 15, 2006 and Council Member Massie SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
Bo le Yes Porter Yes Moore Yes
Swarner Yes Massie Yes Ross Yes
Mollo Yes
MOTION PASSED UNANIMOUSLY.
E-4. New Liquor License -- MITAK, LLC, d/b/a .406 Family Sports Cafe --
Beverage Dispensary Tourism
Approved by consent agenda.
BREAK TAKEN: 7:58 P.M.
KENAI CITY COUNCIL MEETING
FEBRUARY l, 2006
PAGE 6
BACK TO ORDER: 8:10 P.M.
ITEM F: MYNUTES
F-1. Regular Meeting of January 18, 2006 -- Approved by consent agenda.
F-2. Councii Work Session Notes, Jaauary 13-14, 2006/City Manager
Candlidate Interviews -- approved by consent agenda.
ITEM G: UNFINISHED BUfiINESS -- None.
ITEM H:
Mayor Porter requested Item H-11 moved forcvard and council had no objections.
H-11. Approval -- Lease Application/Lounsbury and Associates, Inc. on Behalf
of Lowe's HIW, Inc. -- Lots A-1 & A-2, Baron Park No. 6.
MOTION:
Council Member Ross MOVED to approve the lease application and Council Member
Moore SECONDED the motion.
Tom Adams, Lounsbury and Associates, Inc. -- Reported they would have a busy
season ahead of them and they appreciated the comments made by Mr. Braun.
VOTE:
*Student Representative Krusen: Yes
Bo le Yes Porter Yes Moore Yes
Swarner Yes Massie Yes Ross Yes
Mollo Yes
MOTION PASSED UNANIMOUSLY.
MOTYONs
Council Member Molloy MOVED to direct administration to not approve the site plan
when it is submitted by Lounsbury and Associates but bring it to councii for a public
hearing and council action. Council Member Boyle SECONDED the motion.
Discussion followed on the motion. Comments included:
KENAI CITY COUNCIL MEETING
FEBRUARY 1, 2006
PAGE 7
• Because the Wailmart project would require considerabie permitting
issues, council directed the site plan be brought to it for final approval.
. The Lowe's project would not require the additional permitting as
required by the Wallmart project and the normal process should be followed.
• Because the Lowe's project would be the same as a large box store, and
because the process was being modified for Wallmart, it wouid not be inappropriate to
do the same for this project.
• Because the two projects would tie together, it would be beneficial for
council to review both site plans.
. Other large projects, i.e. Home Depot, Three Bears, etc. have not received
public comments and it wouid not be needed for this project.
• There are ordinances and regulations to guide the development of this
project which is different than the Wallmart project as there are no wetland issues.
VOTE:
*Student Representative Krusen: Yes
Bo ie Yes Porter No Moore No
Swarner No Massie Yes Ross No
Mollo Yes
MOTION FAILED.
H-1. Biils to be Ratified
MOTEON:
Council Member Moore MOVED to ratify the bills and requested iTNANIMOUS
CONSENT. Council Member Swarner SECONDED the motion. There were no
objections. SO ORDERED.
H-2. Approval of Purchase Orders Exceeding $15,000 -- None.
H-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 Tune
Set by Resolution of the City Council.
MOTION:
Council Member Swarner MOVED to introduce Ordinance No. 2139-2006 and Councii
Member Moore SECONDED the motion.
KENAI CITY COUNCIL MEETING
FEBRUARY l, 2006
PAGE 8
There were no public comments. It was explained the ordinance was brought forward
in response to discussions by council related to changing the council meeting time to
6:30 p.m. instead of 7:00 p.m. The ordinance would allow the change be made by
resolution in order to simplify changing the meeting time and not have to amend an
ordinance to do it.
VOTE:
*Student Representative Krusen: Yes
Bo le No ; Porter ' Yes Moore Yes
I Swarner Yes I Massie ~ Yes ~ Ross Yes
MOTION PASSED.
H-4. Ord'anance No. 2140-2006 -- Amending KMC 1.90.050(b) to Allow for
Excused Absences From Meetings of City of Kenai Commissions,
Committees and Boards.
MOTION:
Council Member Moore MOVED to introduce Ordinance No. 2140-2006 and Council
Member Ross SECONDED the motion.
There were no public comments. It was explained there have been difficulties with
meeting attendance of commissioners, etc. Other commuruty requirements were
reviewed and it was found the city's meeting requirements were restrictive. The
ordinance was developed to allow excused absences and giving some flexibility to
attendance requirements.
VOTE:
*Student Representative Krusen: Yes
Bo le Yes Porter Yes Moore Yes
Swarner Yes Massie Yes Ross Yes
Molloy Yes
MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING
FEBRUARY 1, 2006
PAGE 9
H-5. Ordinance Ido. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080
by Adding Sections That Provide for City Water and Sewer Chazges
Which are Due and Unpaid to Become Liens Against the Property Served.
MOTION:
Council Member Massie MOVED for introduction of Ordinance No. 2141-2006 and
Councii Member Moore SECONDED the motion.
There were no public comments. Attomey Graves gave a brief background and
explanation of the ordinance, noting the amendment would allow the city to be paid
when a house is soid and water/sewer amounts are owed by the seller.
VOTE:
~Student Representative Krusen: Yes
~ Boyle ~ Yes Porter Yes Moore Yes
Swarner Yes Massie Yes Ross Yes '
Molloy Yes ~ I ~ '
MOTION PASSED UNANIMOUSLY.
H-6. Ordinance No. 2142-2006 -- 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 Appeais.
MOTION:
Council Member Moore MOVED for introduction of Ordinance No. 2142-2006 and
Council Member Swarner SECONDED the motion.
There were no public comments. Council Member Molloy suggested the ordinance
address late-filed appeais. Attorney Graves stated he would address that issue either
by a suggested amendment or memorandurn with the ordinance.
VOTE:
*Student RepresentaYive Krusen: Yes
Bo le Yes Porter Yes Moore Yes
Swarner Yes Massie Yes Ross Yes
Mollo Yes
KENAI CITY COUNCIL MEETING
FEBRUARY 1, 2006
PAGE 10
MOTION PASSED UNANIMOUSLY.
H-7. Ordinance No. 2143-2006 -- Amending the Officiai Kenai Zoning Map
by Rezoning Tract A-1B, Petersen Subdivision No. 3, From Being Split-
Zoned Conservation (C) and Townsite Historic (TSH) to Townsite Histonc
(TSH) Only.
MOTION:
Council Member Ross MOVED for introduction of Ordinance No. 2143-2006 and
Council Member Moore SECONDED the motion.
There were no public comments. It was expiained, the request for rezone was due to a
split-zone on which an e~cisting building was situated (half in Conservation and half in
Townsite Historic). The Planning & Zoning Commission agreed it was an untenable
situation and approved the rezone. The issue to amend the zoning map was now
before council for consideration.
It was requested a better map be included in the packet with the ordinance, as well as
a memorandum of explanation. A general discussion of the issue followed.
VOTE:
*Student Representative Krusen: Yes
Bo le I No Porter Yes Moore Yes
Swarner Yes Massie Yes Ross ~ Yes
( Molloy ~ Yes ~ ~ j
MOTION PASSED.
H-8. Ordinance 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 (RRl) and Suburban
Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
MOTION:
Council Member Ross MOVED for introduction of Ordinance No. 2144-2006 and
Council Member Moore SECONDED the motion.
KENAI CITY COUNCIL MEETING
FEBRUARY i, 2006
PAGE i l
There were no public comments. A request was made to include a memorandum of
explanation with the ordinance. Council Member Ross gave a brief explanation of the
reason for the ordinance and noted, the ordinance was a housekeeping measure for
the code, recognizing the Depaztment of Transportation controls the ingress and
egress along the highway and a city permit requirement was not appropriate.
VOTE:
`Student Representative Krusen: Yes
Bovle Yes Porter Yes Moore Yes
Swarner Yes Massie Yes Ross Yes
Mollo Yes ' ~
MOTION PASSED UNANIMOUSLY.
FI-9. Ordinance No. 2145-2006 -- 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
L'united Commercial (LC).
MOTION:
Council Member Ross MOVED for introduction of Ordinance No. 2145-2006 and
Council Mernber Moore SECONDED the motion.
Fred Braua -- Explained he has had a large piece of property in this azea listed for
some time and the rezone of the azea would aid in moving the property along. He
encouraged the council to pass the ordinance.
Council requested an aerial map to designate the subject properties with an
explanatory memorandum be included with the ordinance.
VOTE:
*Student Representative Krusen: Yes
Bo le Yes Porter Yes Moore Yes
Swarner Yes Massie Yes Ross Yes
Mollo Yes
MOTYON PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING
FEBRUARY l, 2006
PAGE 12
H-10. Appsoval - City Manager Contract
MOTION:
CounciI Member BoyIe MOVED to approve the contract and Council Member Molloy
SECONDED the motion.
Attorney Graves reported Mr. Koch wanted to be sure he would receive an annual
evaluation by council and requested to take personal leave for a pre-planned family
trip.
VOTE:
*Student Representative Krusen: Yes
Bo le Yes Porter Yes Moore Yes '
Swarner Yes Massie Yes Ross Yes '
Mollo Yes
MOTION PASSED UNANYMOUSLY.
H-11. Approval -- Lease Application/Lounsbury and Associates, Inc. on Behalf
of Lowe's HIW, Inc. -- Lots A-1 & A-2, Baron Park No. 6.
Discussed earlier in the meeting.
H-12. Discussion -- Scheduling Boazd of Adjustment Hearing/Appeal of
Planning 8c Zoning Commission Denial of 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. Carison d/b/a Lazry's Guide Service,
160 Richfield Drive, Kenai, Alaska. Appeal Filed by Larry R Carlson and
Wendy J. Goodloe.
Council scheduled the Board of Adjustment hearing for 6:00 p.m., February 16, 2006
in the council chambers.
H-13. Discussiozx -- 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 Residential and
General Commercial to Limited Commercial. Application submitted by
John Hammelman, Chair, Planning & Zoning CoRimission, City of Kenai,
KENAI CITY COUNCIL MEETING
FEBRUARY l, 2006
~ ~ PAGE 13
210 Fidalgo Avenue, Kenai, Alaska. Appeal Filed by Heath and April
~ll~.
Council scheduled the Board of Adjustment hearing for 6:00 p.m., March 15, 2006 in
the councii chambers.
ITEM I: COMMYSSdON/COMMITTEE REPORTS
I-1. Council on Aging -- Council Member Boyle reported the February
meeting had been canceled.
I-2. Airport Commission -- Council Member Swarner referred to the meeting
sumtnary included in the packet.
I-3. Harbor Commission -- Council Member Massie reported the February
meeting had been cancelled.
I-4. Library Commission -- Council Member Molloy reported the next
meeting would be heid February 7, 2006.
I-5. Parks & Recreation Commission -- Council Member Moore reported the
ne~ct meeting would be held February 2, 2006.
I-6. Pianning & Zoning Commission -- Council Member Ross noted the
minutes of the Wednesday, January 25, 2006 meeting were included in the packet.
Porter referred to two applications for appointment consideration to the Commission.
She recommended the appointment of James R. Jenckes. There were no objections
from councii.
I-?. Miscellaneous Commissions and Committees
Y-7a. Beautification Committee -- Council Member Swamer reported the
neact meeting would be held on February 14, 2006.
%-'7b. Alaska Municipal League Report -- Council Member Swazner reported
the subcommittee on land use and economic development would be holding a
teleconference meeting in the moming and gave a brief summary of bills to be
discussed.
I-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported
they were holding weekly meetings and the next would be held February 2, 2006.
I-7d. Stranded Gas Committee -- No report.
KENAI CITY COUNCIL MEETING
FEBRUARY l, 2006
PAGE 14
ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following
items:
• She attended the first Peninsula Conference of Mayors at which all the
Borough's cities were represented; they discussed many issues of collective interest;
the group will be reviewing all the municipal assistance bills and supporting one; and,
because there are no dues, there will be no cost to the ciry.
• Reminded all of the 'welcome home' celebration for the National Guazd
Troops on Saturday, February 4 at the National Guard Armory.
• Suggested a policy be developed to allow commissions/committees to
write letters of support of projects, i.e. street lights along the Section 36 area of the
highway (an example). A brief discussion followed and council's consensus was to
allow letters to be written, but not mailed without council review and approval.
• Referred to Information No. 4, a Statement of Support for the Guard and
Reserve. Council had no objection to her signing it, along with the Peninsula
Conference of Mayors.
• Has planned a'coffee with the mayor' for February 9, 2006.
ITEM K: ADMINISTRATION REPORTS
K-1. City Manager -- Acting City Manager Kopp noted the following:
• Introduced newly hired Library Director, Mary Jo Joiner.
• Gave an update on the grant to clear up hazardous materials from the
Millennium Square property.
• The Corps of Engineers report related to the bank erosion project had
been reviewed and a draft response cvritten. A meeting with Corps representatives and
a presentation to council had been scheduled.
• A meeting with those traveling with ICMA to Russia had been scheduled
for February 22. Those participating in the diagnostic trip from Kenai were identified
as Jason Carroll and Linda Swarner. There were no objections from council.
• The Air Fair was scheduled for Saturday, May 13, 2006.
. Asked if council would prefer the dep~tment monthly reports to be
quarterly reports with supplemental reports if significant events take place. A brief
discussion followed and council agreed the reports should be monthly and kept to one
page.
K-2. Attorney -- Attorney Graves reported the following:
• He planned to have the building maintenance ordinance and landscaping
ordinance would be included on the next meeting's agenda for introduction.
• Administration had begun worldng on the AirporYs Implementation Plan.
A request was made for draft ordinances to be forwarded to the KEDS group, realtors,
commissions, etc. prior to them being included on agendas for council consideration.
KENAI CITY COUNCIL MEETING
FEBRUARY 1,2006
PAGE 1 S
K-3. City Clerk -- No report.
ITEM L:
L-1. Citizens
Bob Peters, Old Town, Kenai -- Questioned the directive related to
commission/committee letters of support. Council Member Ross explained the action
was to prevent letters being cvritten of which council and administration would have
no knowledge, which had happened in the past.
Fred Braun, President, Kenai Convention & Visitors Eureau -- Gave an update of
actions and events taking place at the Center.
L-2. Council
Moore -- • Welcomed Ms. Joiner as Library Director.
• Stated his concern the economic development of Kenai may not have
been given as much emphasis as it should related to the DOT's upgrade of Willow
Street and Main Street Loop.
• Stated concern related to the newspaper article about Agrium's recent
production problems due to the cold weather.
Swarner -- Welcomed Ms. Joiner.
Massie -- No comments.
Krusen -- Reminded all of upcoming KCHS basketball schedule.
Ross -- No comments.
Molloy -- Welcomed Ms. Joiner.
Boyle -- Welcomed Ms. Joiner.
FxFCUTIVE SESSION -- None Scheduled
ITEM M:
There being no further business before the Council, the meeting adjourned at
approximately 9:30 p.m.
Minutes transcribed and prepazed by:
Carol L. Freas, City Clerk
KENAI CITY COUNCIL MEETING
FEBRUARY 1, 2006
PAGE 16
*The student may cast advisory votes on a11 matters except those subject to executiue
session discussion. Aduisory votes sha11 be cast prior to the official council vote and
shall not affect the outcome of a vote. Aduisory votes shall be recorded in the minutes.
Student representatives may not move or second items during a council meeting.
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Suggested bv: Council
CITY OF KENAI
ORDINANCE NO. 2146-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 13.10.0'70 ENTITLED "COMMERCIAL BUILDING AND PROPERTY
MAINTENANCE."
WHEREAS, failure to properly maintain commercial buildings and property within the
City of Kenai can create health and safety dangers within the City of Kenai; and,
WHEREAS, failure to properly maintain commercial buildings and property harms
property values of other buildings and property within the City of Kenai; and,
WHEREAS, failure to maintain commercial buildings and property within the City
leads to an unattractive and undesirable commercial environment which harms
commercial activity within the City of Kenai; and,
WHEREAS, it is the best interest of the City of Kenai to enact separate buIlding and
property maintenance rules far commercial property with the City of Kenai.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 13.10.070 is enacted as follows:
13.10.0'TO Building and Property Maintenance.
a. Maintenance required. All commercial buildings and structures
regardless of zone, and all parts thereof, shall be maintained in a
safe, sanitary and non-hazardous manner. All means of egress,
devices, safeguards and equipment shail be kept in good working
order. The exterior of all premises and the condition of all buildings,
structures and components thereon shall be maintained so as to
prevent and repair deterioration, so that the appearance thereof shall
reflect a level of maintenance in conformity with all applicable
ordinances of the City of Kenai and so as to ensure that the property
itself may be preserved safely and that hazards to public health and
safety are avoided.
b. Maintenance standards.
1. Maintenance of structures. Each owner and occupant shall keep
all exterior components of every structure in good repair,
including but not limited to, walls, roofs, chunneys, cornices,
gutters, downspouts, drains, porches, steps, landings, fire
escapes, exterior stairs, windows, shutters, doors, storefronts,
signs, marquees and awnings.
A. All surfaces shall be covered with a protective coating, such as
paint, plastic or other materiai that preserves the structure
and does not contribute to deterioration. Surfaces specifically
designed to be used without a protective coating aze exempt
from this requirement.
Ordinance No. 2146-2006
Page 2 of 3
B. All surfaces shalI be maintained free of deterioration, including
but not limited to, broken glass, loose or missing shingles or
siding, crumbling brick, stone and mortar, and peeling, scaling
or detenorated paint.
C. Overhanging structures, including canopies, marquees, signs,
awnings, exterior stairways, fire escapes, and other structures
with overhanging extensions shall be maintained in good
repair, be securely anchored to the structure, and be protected
from rust and other signs of decay by application of a weather
protective material such as paint. Non-operative or broken
electrical signs shall be repaired or removed. All obsolete signs
and sign structures shall be removed.
D. Windows may not be boarded over except for temporary repairs
or maintenance not to exceed thirty (30) days.
2. Maintenance of premises and landscape elements.
A. All premises and landscape elements shall be maintained in a
safe and sanitary condition, including but not limited to steps,
walks, driveways, fences, retaining walls, trees, shrubs, grass
and weeds. If any such area or object constitutes a danger to
health or safety, it shall be repaired, repiaced or removed.
B. All paved driveways and walks that exist within the public
right-of-way shall be maintained in safe condition.
C. All fences, retaining walls or similaz structures shall be firmly
anchored in the ground and maintained in good structural
repair. Wooden elements or other elements subject to
deterioration from weathering shall be maintained with
chemicais or paint to preserve the element and to retard
deterioration.
D. Weeds and grass shall be kept trimmed and from becoming
overgrown.
E. Trees and shrubs which have branches projecting into the
public right-of-way, inciuding public sidewalks, public piaces
or public highway, shall be kept trimmed to prevent
interference with any person or vehicle lawfully using the right-
of-way.
F. All yards, courts or lots shall be kept free of accumulations of
trash, gazbage waste, rubbish, refuse, junk, and other no~cious
or offensive materials or substances that may cause a fire
hazard or may act as a breeding place for vermin or insects.
G. All portions of all premises shall be graded so there is no
pooling of water or recurrent entrance of water into any
basement or cellar.
c. Maintenance after casualty damage. Within a period of ninety (90)
days after casualty damage to any premises the owner and operator
shall take the following steps:
1. Contract for or begin the repair and restorafion of damage areas
and removal of debris; and
2. Contract for or begin the demolition and removal of any part of the
premises not to be repaired and restored and for the removal of
Ordinance No. 2146-2006
Page 3 of 3
debris in connection therewith.
d. Penalty. Any person, firm, enfity or corparation which shall violate
this section shall upon conviction be punished as provided for
violations of KMC 13.05A10. A separate offense shall be deemed
committed on each day a violation occurs.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of March,
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. FYeas, City Clerk
Introduced:
Adopted:
Effective:
February 15, 2006
March 1, 2006
April 1, 2006
// //
= I/i a9e wit a Past, ~i~r & vd~~ ,rd,~uture
MEMORI~NDUIVI
~ s~~~~~. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794
~ -
~ Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.ci.kenai.ak.us
~ t~iec~~af ~
KENA~ SKA
TO: Mayor Porter and Councilors
FROM:C(~~ Cary R. Graves. City Attomey
DATE: February 7, 2006
R~: Commercial Property Nlaintenance Ordinance
Attached is a comrnerciai property maintenance ordinance. It provides for a separate set of
standards for commercial property maintenance within the City. The administration had
considered relying primarity on the Internationat Property Maintenance Code (KMC 410) with
some local amendments, but decided adop[ing a separate ordinance (KMC 13.10.070) would be ~ ~
bettec
The administration thought it would be easier to inform the public of the standards by enacting a
separate commercial properry mainCenance ordinance in the city code (and available on-line)
than referring them to Che International Property Maintenance Code that is not readily available
to the public.
Additionally, placing a separate commercial propexty maintenance ordinance in Title 13 of the
Kenai CiCy Code places enforcement of it squarely within the job description of the CiYy's Code
Enforcement Officer. The administration felC Chat a separate ordinance wiCh Title 13 would allow
for better enforcement.
The ordinance is scheduled Co go to Che Planning and Zoning Commission for theu meeting of
February 22, 2006 for comments. The counciPs public hearing for this ordinance is set for
March 1, 2006.
Please iet me know if you have any comments.
CRG/sp
Attachment
N-
Suggested by: Administratio.a
caTY oF uENai
ORDINANCE NO. 2147-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN
THE GENERAL FUND FOR AN ALASKA HIGHWAY SAFETY GRANT TO
REIMBURSE THE POLICE DEPARTMENT OVERTIME ACCOUNT.
WHEREAS, the City has received $10,597 from the State of Alaska to reimburse
the police department for specific highway safety program overtime
expenditures; and,
WHEREAS, the reimbursement is for overtime paid to police officers working
targeted DUI traffic enforcement under state highway safety grants; and,
WHEREAS, the Kenai Police Department participated in grant-funded DUI
enforcement patrol efforts during Fourth of July, Labor Day, Halloween,
Thanksgiving, Christmas and New Yeazs with an overtime expenditure of
$10,597; and,
WHEREAS, approximately $4,403 in additional reimbursable highway safety
program overtime expenditures will occur by June 30, 2006; and,
WHEREAS, the City of Kenai annual motor vehicle accident report shows a
direct conelation of motorist safety to our participation in the Alaska Highway
Safety Program to reduce vehicle crashes and occupant injuries due to drug
and alcohol impaired driving.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
Police - State Grants 15 000
Increase Appropriations:
Police - Overtime 15 0 0
Ordinance No. 2147-2006
Page 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
March, 2006.
PAT PORTER, MAYOR
ATTEST:
Cazol L. Freas, City Clerk
Introduced: February 15,2006
Adopted: March 1, 2006
Effective: March 1, 2006
Approved by Finance:_;~_
(02J07/2006} hl
-
Suggested by: Planning & Goning
CITY OF KENAI
ORDINANCE NO. 214~-2006
AN OE2DINAIVCE OF THE COUNCIL OF THE CITY OF KENAI. ALASKA, REPEALING
THE EXISTTNG LANDSCAPING/SITE PLAN REGULATIONS AT KMC 14.25 AND
14.20.ll5(i) AND I2~PLACING IT WITH F1 NEW KMC 14.25 (LANDSCAPING/SITE PLAN
REGULATIONS).
WHEREAS, site plans provide for orderly and safe development of the City by
protecting the health, safety and welfare of its citizens, provide for adequate and
convenient open spaces, light and air and avoid congestion of commercial and
industrial areas and
WHER~AS. landscaping plans provide for landscaping and/ or the retention of natural
vegetafion in conjunetion with commercial and industrial development within the City
of Kenai; and
WHGR~AS, the general purpose of landscaping is to visually enhance the City's
appearance, provide attractrve and functional separation and screening between uses
and reduce erosion and storm runoff; and
WHEREAS, the Kenai Comprehensive Plan recommends revising landscaping
standards to promote siting and design of land uses that are in harmony and scale
with surrounding uses and minimizes impact on established neighborhoods from
incompatible, non-residential uses, and to ensure adequate landscaping and buffering
between commercial uses and the highway; and
WH~REAS, the existing landscaping/site plan requirements in the Limited
Commercial (LC) Zone in KMC 14.20.105 should be replaced by the new
landscaping/site plan requirements in KMC 14.25; and
WHEREAS, the e~cisting landscaping/site plan requirements in KMC 14.25 are
outdated and need replacement.
NOW, THERErORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that:
SECTiON I.
The existing KMC 14.25 is repealed and replaced by the new KMC 14.25
as shown in Attachment A.
SECTION II.
KMC 14.20.115(i) is amended as shown in Attachment B.
Ordinance No. 2148-2006
Page 2 oY 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, [his 1~` day of Macch
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: February 15, 2006
Adopted: March 1, 2006
Effective: April l, 2006
Chapter 14.2~
' LANDSCAPING/SITE PLAN R~GULATIONS
14.25.010 Intent.
(a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of
the City commensurate with protecting the healCh, safety and welfare of its ciCizens, and adequate
and convenient open spaces, light and an~, in order to avoid congesCion of commercial and
uidustrial areas.
(b) Landscapin~ Plans. It is [he intent of this chapter to provide For landscaping and/or the
retention of natural vegetation in conjunction with commerciai and industrial devetopment
within the CiCy of Kenai. The general purpose of landscaping is to visually enhance the City's
appearance, provide attractive and functional separation and screening between uses and reduce
erosion and storm runoff.
14.25.015 Landscaping/site plan.
Submittal of a preliminary landscaping/site plan and approval by the AdminisCratice
Official is required prior to any land clearing and/or tree cutting.
14.25.020 Application
This chapter shall apply to ali commercial and industrial development within the City of
Kenai and shall apply to both the landscaping and site plans. "Commercial and industrial
development" and "all development" shatl be defined as any improvements requiring a building
permit for new construction or any improvements of twenty thousand dollars ($20,000) or more,
which adds square footaoe, located on properties within the Central Commercial (CC), Generai
Commercial (CG), Limited Commercial (CL), HeavyIndustrial (IH), Townsite Historic (TSA},
LighC Industrial (IL) and Education (ED) zoning districts or a ehange of use as required in KMC
14.20.250 (a). It is unlawful for any person to construct, erecC or maintain any structure,
building, feuce or improvement, including landscaping, parking and other facilities on property
requiring a landscape/site plan unless such improvemen[s are construcCed or reconstructed in a
manner consistent with the approved plan.
Properties zoned residential are exempt from this chapter with the fotlowing exceptions:
1. Structures identified as a commercial occupancy in Title 4 of the Kenai Municipal
Code located in residenCial zones requirino a building permit for new construction or
any improvemenCS of twenty thousand dollars ($20,000) or more, which adds square
footage or a change of use as requ'ued in KMC 14.20.250 (a).
2. No owner, occupant, or other person may remove overburden or natural low-growing
vegetated ground coverage from an unimproved residential lot without an approved
landscaping plan. An approved landscaping plan providing for ground coverage
and/or landscaping must be approved by the Administrative Official prior to removal
of overburden or natural low growing vegeta[ed ground coverage and must be
compieted within two years.
Ordinance No. 2148-2006 Attachment A
Page 1 of 4
14.25.030 Landscaping/site plan--Submittalrequiremen~s.
One copy of the landscapinglsiee plan (eleven inches (11") by fourteen inehes (14") size) ~~ ~
shatl be submitted for approval to the Administrative Officiat prior to the issuance of a building
permit If approved, a zoning permit shall be issued and on file in the Planning Department and
the Buildin; Official will be notified. The landscaping/site plan shall be prepared aC a minimum
scale of one inch (1"} equals twenty feet (20') and shalt include the following information:
(a) Common or scientific name of the planting materials to be used in the project;
(b) Typical planting details;
(c) Location of all planting areas and relationship to buildings, parking areas and
driveways;
(d) Identificntion and location of existing vegetation to be retained;
(e) Identification and iocation of non-living landscaping materials to be used;
(fl Identification of on-site snow storage areas;
(g) Drainaae patterns;
(h) Description of buildings, induding building hei~ht and ground floor dimensions;
(i) Physical features oE the proper~y ineluding location of all buildings, ingress and
egress, any unusual features of the property which may restrict development or
drainage.
14.25.040 Landscaping plan-Performance cciteria.
(a) ObjecYives for Landscaping Plan. An effective landscaping plan should utilize a variety
of techniques for achieving the intenC of this section. The appropriaee placement or retention of ~~~~~
vegetation in sufficient amount wiIl provide Che best results. Perimeter, interior, street righ[-of-
way, and parking lot landscaping should be included as components of the overall Iandscaping
plan.
(b) PerimeterBuffer Landscapin~. Perimeter/buffer landscaping involves the land areas
adjacent to the lot lines within the property boundary. This buffer landscaping serves to sepazate
and minimize Che impact between adjacent uses. Buffer landscaping may be desirable along the
pecimeter of the property to shield vehieular or buitding Iights from adjacent structures and to
provide a visual separaEion between Fedestrians and vehicles. Landscaping adjacent to
residential zones shall have landscaping beds that meet all of the following minimum standards:
1. Landscaping beds - Minimum of 10 feet in wid[h along all property tines, which
adjoin residential zones, exclusive of driveways and other ingress and egress
openings. A 6-feet high wood fence or masonry wall may be used in place of 5 feet
of the required bed width.
2. Ground cover - 100 percent within 3 years of planting and continuous maintenance
so there will be no exposed soil. Flower beds may be considered ground cover.
3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping
beds.
(c) Tnterior Landscaping involves those areas of the property exclusive of the perimeter and
parking lot azeas. Interior landscaping is desirable to sepazate uses or activities within the overall
development. Screening or visual enhancement landscaping is recommended to accent or
complement buildings, to identify and highlight entrances to the site, and to provide for attractive
Ordina~ce No. 2148-2006 Attachment A
Page 2 of 4
~ driveways and streets wiChin the site. Landscaping may include landscapin~ beds, trees, and
' shrubs.
(d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or
within all parking lots and associated access drives. Parking lot landscaping serves to provide
visual relief between vehicle parking areas and the remainder of the development. It also is
desirable for the purpose of improving vehicular and pedestrian circulaCion patterns.
(e) SCCeet right-of-way landscaping softens the impact of land uses along streeC rights-of-
way, but does not obscure land uses from sight. Landscaping beds must meet al1 of the
following minimum standards; except where properties are adjacent to State of Alaska righCS-of-
way, the AdministraCive Officer may approve alYernatives, which meet the intenC of this secCion
but protect tandscaping &om winYer maintenance damage.
1. Landscapin~ beds - Minimum of 10 feeY in width along the entire length of the
property lines which adjoin s[reeC rights-of-way, exclusive of driveways and oChec
ingress and e~ress openings;
2. Ground cover - 100 percent ~round cover of the landscaping bed within 3 years of
planning and continuous maintenance so there will be no exposed soil;
3. Trees and/or shrubs appropriate for the climate shall be inciuded in the landscaping
beds.
(~ Review. The Administrative Official may consider pians for amendments if problems
arise in carrying out [he landscaping/site plan as originally approved.
14.25.045 Site plan-Performance criteria.
(a) Objectives. An effective site plan should utilize a varieCy of techniques for achieving the
intent of this chapter. The appropria[e placement or reCention and improvements of buildings,
parkin~ lots, etc. should be considered on the site pian.
(b) Buildings. A commerciai or industrial use housed in the buildino is Co be compaCible with
the surrounding properties, land use plan, and not be hazardous to the health, safety and welfaze
of citizens.
(c) Special Permits. The site plan shall list any speeial permits or approvals which may be
required for completion of the project.
(d) Parking Lots. Parking lots referenced on the site pian shall comply with KMC 14.20.250.
1. Paving is required when "commereial development" requiring a building permit
valued at fifty thousand doltars ($50,000) or more for new construction or any
improvements which adds square footage valued a[ fifty-thousand dollars ($SQ000)
or more and the property is located between Evergreen Drive and MeCollum
Drive/Tinker Lane as shown in Che map marked Appendix 1 to this chapter.
2. Exception to this requirement:
(i) Properties zoned Heavy Industrial are exempt from the paving requirement.
(e) Snow Storage/Removal and Drainage. Snow storagehemoval and drainage as referenced
on the site plan shall be compatible with the sunounding area.
(~ Dumpsters. Dumpsters must be screened with a sight-obscuring structure made of wood
or concrete. The Administrative Official may approve other construction materials.
Ordinance No. Z 148-2006 At[achment A
Page 3 of 4
14 ?5.050 ApprovaL
Unless extended for aood cause, the Administrative Official shall review and take action ~ ~
on a landscapin~ and site plan within fourteen (14) days of satisfactory submittal. The Buildin~
Official shall issue a buildin~ permit upon approval of the associated landseapinglsite plan
providing a11 of the other requirements for the issuance of a building permit have been met. Any
appeal of the action of the Administrative OfFiciai shall be in accordance wiCh KMC 14.20.290.
14.25.060 Completion-Landscaping plan.
Ali required landseaping as presented in the approved landscaping plan shall be instailed
prior to the issuance of ciie certificate of occupancy. In the event that the landscapin~ has not
been completed upon request for the certificate of occupancy, the Buiiding Official may grant a
temporary certificate not Co exceed nine (9) months.
14.25.065 Completion-Site plan.
All requirements as ouClined in Section ] 4.25.045 shall be installed according ro the site plan as
approved by boCh developer and the Administrative Official. Ali restrictions cited in 3ection
14.25.060 shall appty to this chapter.
1. The Building Official may issue a temporary certificaCe of occupancy not to exceed 2
years to complete the required parking lot paving.
14.25.070 Modificaeions
Whenever there are practical difficulties in carrying out the provisions of Chis chapter, [he
Administrative Officiat may grant minor modifications for individual cases, provideci the
Administrative Official finds that a special individual reason makes the strict letter of this
ordinance impracCical and that the modification is in conPormity wiCh the inCent and purposes of
this ordinance.
14.25.080 Expiration.
If consCruction of the project has not started within 180 days of appcoval of the
landscaping/site plan, the approval shall lapse unless extended for good cause.
14.25.090 Penalties.
Penalties for non-compliance with this chapter shail be as set forth by KMC 14.20.260.
14.25.100 Definition-Landscaping.
"Landscaping" means the treatment of the ground surface with live planting materials,
including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural
material. Other materials such as wood chips, stone, or decorative rock may also be utilized.
Ordinance No. 2148-2006 Attachment A
Page 4 of 4
Appendix 1
Paving Required - KMC 14.25.045 (d)
14.20115 I.imited Commercial Zone (LC Zone).
(a) Intenr. The LC Zone is established to provide transition areas between ~
commercial and residencial districts by allowin~ low to medium volume business,
mixed residentiai and other compatible uses which complement and do not
materially detract from Che uses aliowed with adjacent districes.
(b) Principal Permitted Uses: As allowed in Land Use Table as long as the
footprint of the buildin~ does not exceed tluee thousand (3,000) square feet.
(c) CondiCional Uses: As allowed in Land Use Table.
(d) Accessory Uses: As defined (see definitions section).
(e) Home Occuparions: [Jses as allowed by this chapter.
(~ Deve(opment Requirement As desecibed in this chapter.
(g) Parking Requirements: As required by this chapter.
(h) Outside storage is allowed for disp(ay purposes only unless the storage is in
an area endosed by a sight-obscuring fence.
(i) Landscapin~/Site plans As re~uired in KMC 14.25. ~
[(1) INTENT. TO PROVIDE FOR ORDERLY AND SAFE DEVELOPMENT
AND TO PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION AND
SCREENING BETWEEN USES.
(2) LANDSCAPING/SITE PLANS. AS REQUIRED IN KMC 14.25.030
(3) APPLICATION SHALL APPLY TO ALL DEVELOPNIENT OF
TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE AND SHALL
APPLY TO BOTH LANDSCAPING AND SITE PLANS. "ALL
DEVELOPMENT" SHALL BE DEFINED AS ANY IMPROVEMENTS
REQUIRING A BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY
IMPROVEMENTS OF TWENTY THOUSAND DOLLARS ($20.000.00) OR
MORE, WHICH ADDS SQUARE FOOTAGE. IT ALSO APPLIES TO CHANGE
OF USE FROM RESIDENTIAL TO COMMERCIAL USE. PRE-EXISTING
RESIDENTIAL USES SHALL BE EXEMPT FROM THIS REQUIREMENT.
(4) LANDSCAPING/SITE PLAN. SUBMITTAL OF A PRELIMINARY
LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE
OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE
CUTTING.
Ordinance No.2148-2006 Attachment B
Page 1 of 4
~ (5) LANDSCAPING PLA.N - PERFORMANCE CRITERIA.
(i) OBJECTIVES FOR LANDSCAPING PLAN. AN EFFECTIVE
LANDSCAPING PLAN SHOULD UTILIZE A VARIETY OFTECHNIQUES
FOR ACHIEVING THE INTENT OF THIS SECTION. THE APPROPRIATE
PLACEMENT OR RETENTION OF VEGETATION IN SUFFICIENT AMOUNT
WILL PROVID~ THE BEST RESULTS. PERIMETER, INTERIOR, STREET
RIGHT-OF-WAY, AND PARKING LOT LANDSCAPING SHOULD BE
INCLUDED AS COMPONENTS OF THE OVERALL LANDSCAPING PLAN.
(ii) PERIMETER/BUFFER LANDSCAPING. PERIMETERlSUFFER
LANDSCAPING INVOLVES THE LAND AREAS ADJACENT TO THE LOT
LINES WITHIN TI-iE PROPERTY BOUNDARY. THIS BUFFER
LANDSCAPING SERVES TO SEPARATE AND MINIMIZE THE IMPACT
BETWEEN ADJACENT USES. LANDSCAPING ADJACENT TO
RESIDENTIAL DISTRICTS SHALL HAVE LANDSCAPING BEDS WHICH
MEET ALL OF THE FOLLOWING MINI'VIUM STANDARDS:
(A) LANDSCAPING BEDS. MINIMUM OF TEN FEET (10') IN WIDTH
ALONG ALL PROPERTY LINES, WHICH ADJOIN RESIDENTIAL DISTRICT,
EXCLUSIVE OF DRIVEWAYS AND OTHER INGRESS AND EGRESS
OPENINGS. A SIX FOOT (6') HIGH WOOD FENCE OR MASONRY WALL
MAY BE USED IN PLACE OF FIVE FEET (5') OF THE REQUIRED BED
WIDTH.
(B) GROUND COVER. ONE HLTNDRED PERCENT (100%a) WITHIN
THREE (3) YEARS OF PLANTING AND CONTINUOUS MAINTENANCE SO
THERE WILL BE NO EXPOSED SOIL.
(C) TREES AND/OR SHRUBS APPROPRIATE FOR THE CLIMATE
SHALL BE INCLUDED IN THE LANDSCAPING BEDS.
(III) INTERIOR LANDSCAPTNG INVOLVES THOSE AREAS OF THE
PROPERTY EXCLUSIVE OF THE PERIMETER AND PARKING LOT AREAS.
INTERIOR LANDSCAPING IS DESIRABLE TO SEPARATE USES OR
ACTIVITIES WITHIN THE OVERALL DEVELOPMENT. SCREENING OR
VISUAL ENHANCEMENT LANDSCAPING IS RECOMMENDED TO ACCENT
OR COMPLEMENT BUILDINGS, TO IDENTIFY AND HIGHLIGHT.
ENTRANCES TO THE SITE, AND TO PROVIDE FOR ATTRACTIVE
DRIVEWAYS AND STREETS WITHIN THE SITE. LANDSCAPING MAY
INCLUDE LANDSCAPING BEDS, TREES, AND SHRUBS.
(iv) STREET RIGHT-OF-WAY LANDSCAPING SOFTENS THE IMPACT
OF LAND USES ALONG STREET RIGHTS-OF-WAY, BUT DOES NOT
OBSCURE LAND USES FROM SIGHT. LANDSCAPING BEDS MUST MEET
ALL OF THE FOLLOWING MINIMUM STANDARDS; EXCEPT WHERE
Ordinance No.2148-2006 Attachment B
~ Page 2 of 4
F'ROPERTIES ARE ADJACENT TO STATE OF ALASKA RIGHTS-OF-WAY,
THE ADMTNIS'PRATNE OFFICER MAY APPROVE ALTERNATIVES. ~~
WHICH MEET TFIB INTENT OF THIS SECTION BUT PROTECT ~~
LANDSCAPING FROM WINTER MAINTENANCE DAMAGE.
(A) LANDSCAPING BEDS. MINIMUM OF T~N FEET (10`) IN WIDTH
ALONG THE ENTIRE LENGTH OF THE PROPERTY LINES WHICH ADJOIN
STREET RIGHTS-OF-WAY, EXCLUSIVE OF DRIVEWAYS AND OTHER
INGRESS AiVD EGR~SS OPENINGS;
(B) GROUND COVER. ONE HUNDRED PERCENT (100%) GROUND
COVER OF THE LANDSCr~PING BED WITHIN THREE (3) YEARS OF
PLANNING AND CONTINUOUS MAINTENANCE SO THERE WILL BE NO
~XPOSED SOIL;
(C) TREES AND/OR SHRUBS APPROPRIATE FOR THE CLIMATE
SHALL BB INCLUDED IN THE LANDSCf~PING BEDS.
(V) PARKING LOT LANDSCAPING. PARKING LOT LANDSCAPING
INVOLVES THE LAND AREAS ADJACENT TO OR WITHIN ALL PARHING
LOTS AND ASSOCIATED ACCESS DRIVES. PARKING LOT LANDSCAPING
SERVES TO PROVIDE VISUAL RELIEF BETWEEN VEHICLE PARKING
AREAS AND THE R~MAINDBR OF THE DEVELOPMEi~'T. IT ALSO IS ~~ ~~~
DESIRABLE FOR THE PURPOSE OF IMPROVING VEHICLTLAR AND
PEDESTRIAN CIRCULATION PATTERNS.
(VI) REVIEW. THE ADMINISTRATIVE OFFICIAL MAY RECONSIDER
PLANS FOR AMENDMENTS AFTER THEY HAVE BEEN APPROVED IF
PROBLEMS ARISE IN CARRYING OUT THE LANDSCAPING/SITE PLAN AS
ORIGINALLY APPROVED.
(6) SITB PLP.iV-PERFORMANCE CRITERIA.
(i) OBJECTIVES. AN EFFECTIVE SITE PLAN SHOULD UTILIZE A
VARIETY OF TECHNIQUES FOR ACHIEVING THE INTENT OF THIS
CHAPTER. THE APPROPRIATE PLACEMENT OR RETENTION AND
IMPROVEMENTS OF BUILDINGS, PARKING LOTS, ETC. SHOULD BE
CONSIDERED IN THE SITE PLAN.
(ii) BUILDINGS. THE USE IS TO BE COMPATIBLE WITH THE
SURROUNDING PROPERTIES, LAND USE PI.,AN, AND NOT BE
HAZARDOUS TO THE HEALTH, SAFETY AND WELFARE OF CITIZENS.
(III) SPECIAL PERMITS. THE SITE PLAN SHALL LIST ANY SPECIAL
PERMITS OR :~PPROVALS, WHICH MAY BE REQUIRED FOR
COMPLETION OF THE PROJECT.
Ordinance No.2148-2006 Attachment B
Page 3 of 4
(iv) PARKING LOTS. PARKING LOTS REFERENCED ON THE SITE
PLAN SHALL COMPLY WITH KMC 14.20.250.
(A) PAVING IS REQL~IRED WHEN "COMMERCIAL DEVELOPMENT"
OF FIFTY THOUSAND DOLLARS ($SQ000.00) OR MORE REQUIRING A
BUTLDING PBRMIT FOR NEW CONSTRUCTION OR ANY IMPROVBMENTS
WHICH ADDS SQUARE FOOTAGE.
(v) SNOW STORAGE/REMOVAL AND DRAINAGE. SNOW
STORAGE/REVIOVAL AND DRAINAGE MUST BE IDENTIFIED ON THE
SITE PLAN AND SHALL BE COMPATIBLE WITH THE SURROUNDING
AREA.
(vi) DUMPSTERS. DUMPSTERS MUST BE SCREENED WITH A SIGHT-
OBSCURING STRUCTURE MADE OF WOOD OR CONCRETE. OTHERS
CONSTRliCTION MATERIALS MAY BE APPROVED BY TI-IE
ADMINISTRATTV~ OFFICIAL.
(7) APPROVAL. AS REQUIRED IN KMC 14.25.050.
(8) COMPLETION-LANDSCAPING PLfu'V. AS REQUIRED IN KMC
14.25.060.
(9) COMPLLTION-SITE PLAN. AS REQUIRED IN KMC 14.25.065.
(i) THE SUILDING OFFICIAL MAY ISSUE A TEMPORARY
CERTLFICATE OF OCCUPANCY NOT TO EXCEED TWO (2) YEARS TO
COMPLETE THE REQUIRED PARKING LOT PAVING.
(10) MODIFICATIONS. AS REQUIRED IN KMC 14.25.070.
(ll) ~XPIRATION. AS REQUIRED IN KMC 14.25.080.
(12) PENALTIES. AS REQUIRED IN KMC 14.25.090.
(13) DEFINITION-LANDSCAPING. AS DEFINED IN KMC 14.25.100.]
Ordinance No.2148-2006 Attachment B
Page 4 of 4
~~
Suggested by: City Iv~a~~dger
CITY OF KENAI
ORDENANCE NO. 2149-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 21.10.040 BY ALLOWING LEASE APPLICATIONS TO BE EXTENDED FOR SIX (6)
ADDITIONAL MONTHS FOR GOOD CAUSE AND PROVIDING THAT LEASE
APPLICATION APPRAISALS ARE GOOD FOR TWELVE (12) MONTHS.
WHEREAS, KMC 21.10.040 provides that lease applications expire after six months
unless a lease is entered into; and,
WHEREAS, KMC 21.10.040 provides that an appraisal to determine the lease rate is
valid for only silc months; and,
WHEREAS, the language including the above two provisions in KMC 21.10.040 was
added in 1978; and,
WHEREAS, it has been nearly twenty-eight years since those provisions were added to
the city code; and,
WHEREAS, the regtzlatory requirements regarding such items as wetlands permits,
highway access, landscaping and site plans have dramatically increased the amount of
time it takes for a developer to get approval of the permits necessary to know if the
project can be built; and,
WHEREAS, while a suc-month application period was practical twenty-five years ago, it
is no longer practical or reasonable for large developments; and,
WHEREAS, requiring the City to approve a lease within six months of an application
can mean the City Council must make a decision on lease approval before it has the
necessary information on the projects' wetlands permitting, highway access plans,
landscaping/site plans; and,
WHEREAS, requiring the lease to be signed within six months after the applicaflon
can mean that a developer must agree to a long term and costly lease without knowing
whether the project will ever get the necessary permits to be built; and,
WHEREAS, such leasing policies can deter developers from applying for leases of city
property; and,
WHEREAS, requiring a lease applicant to file a new lease application after six months
because of regulatory delays in permitting is unfair to the lease applicant; and,
WHEREAS, allowing the City Council to extend the application period for siY months
for good cause, such as site plan/landscaping, highway access and wetlands
permitting will allow for orderly planned development and improved decision making
by both the city and the developer; and,
Ordinance No. 2149-2006
Page 2 of 2
WHEREAS, the appraisal period should match the time period for lease approval in
the KMC 2 L 10.040; and,
WHEREAS, when the amendments to KMC 21.10.040 become effective they should
apply to e~sting lease appiications; and,
WHEREAS, it is in the best interest of the City of Kenai to amend KMC 21.10.040 to
allow the City Council to grant additional time to decide whether to enter into a lease
with an applicant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 21.10.040 is amended as follows:
SECTION I
KMC 21.10.040 Rights prior to leasing
The filing of an application for a lease shall give the applicant no right to
lease or to the use of the land for which they have applied. The
application shall expire within six (6) months after the application has
been made if a lease has not been entered into between the City and the
applicant by that time unless the Citv Council for Qood cause ~rants an
extension. No ea~tension mav be ~ranted for a period longer than suc (6)
additional months. Lease rates are subject to change on the basis of an
appraisal done every [SIX (6)] twelve (12) months on the property applied
for.
SECTION IY
This section is applicable to lease applications that are pending on the
effective date of this ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first of March,
2006.
PAT PORTER, MAYOR
ATTEST:
Cazol L. Freas, City Clerk
Introduced: February 15, 2006
Adopted: March 1, 2006
Effective: April 6, 2006
/~~'
•' ~~N~ 1
~ s -
__~ _
the uty o f /
KENA~ SKQ
ir °
(/c~la~e wit~t a Past, Gity wit~
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 „~
Telephone: 907-283-7535 / FAX: 907-283-3014 ~'~~~I
7992
M~~ ^
TO: Charles M. Kopp, Acting City Manager
FROM: Marilyn Kebschull, Planning Administrator ~
THRU: Jack La Shot, Public Works Manager ~
DATE: February 9, 2006
SUBJECT: ~ease Application, Mark E. Lockwood d/b/a Kenai Seif-
Storage/Tract B, Gusty Subdivision No. 2
At their meeting on February 8, 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 Councii. The Commission based their
decision on the information in the memo dated January 27, 2006. A copy of the
memo is attached.
Attachment
/ :;~~\
_ -
--~~
- ~;`-/.
~~ theutyaf ~~
KENA~ SKA
"!~'l~a~e wit~t a Past, G~~ wit~i a Futr~re"
210 Fidalgo Avenue, Kenai, Alaska 9961 ?-7794 ~'
Telephone: 907-283-7535 / FAX: 907-283-3014 i~Il'
1992
M ~ ^
TO: Planning and Zoning Commission
FROM: Marilyn Kebschull, Pianning Administrator
DATE: January 27, 2006
SUBJECT: ~ease Application, Mark E. Lockwood d(b/a Kenai Self-
Storage/Tract B, Gusty Subdivision No. 2
The City of Kenai has received a lease application for Tract B, Gusty Subdivision
No. 2. Attached is a copy of the lease application and a memorandum from Kim
Howard outiining the application and the process for approving the application.
Kenai Municipal Code requires the Planning Commission to determine the
following:
Does the proposed use comply with the zoning ordinance? The parcel
is zoned CG - Generai Commercial. The proposed use is to construct
three steel buildings for warehouse/storage estimated value of
$400,000. The Land Use Table identifies warehouses as Permitted
with Footnote 9. Footnote 9 states, "Allowed as a conditional use,
provided all applicable safety and fire regulations are met." After
reviewing Ordinance No. 1766-97 and discussing the issue with the
City Attorney, it appears that the Footnote is an editorial error because
Footnote 9 and Permitted uses are mutually exclusive. The proposed
use complies with the zoning ordinance.
Does the proposed use compiy with the Comprehensive Plan? The
2003 City of Kenai Comprehensive Plan designates the parcel as
Conservation. The Comprehensive Plan defines the Conservation
Land Use as, "The Conservation district applies to public lands whose
primary use is open space, recreation, fish and wildlife habitat,
drainage ways, floodplain, and wetlands. Some public improvements
may be appropriate within appropriate design guidelines." The
Lease Application - Tract B, Gusty Subdivision No. 2
Page 2
~pdated Comprehensive Plan recognized the need to review and
revise the conservation zone standards and to rezone public lands
surplus to Kenai's future development needs for conservation. The
Plan also notes that, "Where appropriate, re-designate areas now
zoned for conservation to conform to the expected use of the area, e.g.
parts of the Kenai Municipal Airport and privately awned parcels now
zoned for conservation." The City recognized the land did not appear
to meet the guidelines for conservation and rezoned it to General
Commercial. It appears that the proposed lease compiies with City's
Comprehensive Pian.
• Does the proposed use comply with the Airport Master Plan? The
1997 "Kenai Municipal Airport Master Plan" land use identifies the
parcel as conservation/vacant. The Airport Layout Plan (ALP) was last
updated and approved by the FAA in September of 2004 and should
be considered the most up-to-date information. The Airport Exhibit A
map identifies the property as subdivided and available. The FAA
released the land in 1986 for lease or sale for non-aviation purposes.
The use, as noted above, complies with the Kenai Municipal Airport
Master Plan.
• Is the application complete? Ms. Howard has determined the lease
application is cornplete.
• 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,
"Fundamentai 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 the most profitable likely use." In this case,
there has not been an appraisai conducted. The appraiser would look
at uses allowed by zoning to determine the "highest and best use."
The proposed use, a warehouselstorage facility, with an estimated
value of $400,000 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 Council? At this time, the Commission has not set goals for lease
applications.
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 Vaiuafion in Litrgation (American Institute of Real Estate
Appraisers, 430 N. Michigan Avenue, Chicago, Iilinois 60611, p. 62.
j, ~~~lla~e wit~i a Pc~st, Gc~ ~uii~i a Futc~Ye'~
~;~;~ i~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
_ e. ~ Telephone: (907) 283-7535 / Fax: (907) 283-3014
, www.ci.kenai.ak.us
Date: January 27, 2006
To: Planning and Zoning Commission
For: February 8th Meeting ~~
From: Kim Howard, Assistant to the City Manager
RE: Lease Application, Mark E. Lockwood d/b/a Kenai Self-
Storage/Tract B, Gusty Subdivision No. 2
Mari< E. Lockwood d/b/a Kenai SeIP-Storage has submitted a lease application for the above
referenced property. The property is located on the Spur Highway and is shown on the attached -
map. A 1986 Deed of Release from Yhe FAA allows lease or sale oF the property for non- ~
aviation use. This property is not included in the Airport Reserve in the proposed Supplemental
P(anning Assessment.
KMC 21.10.080 states the term shall depend upon the durability of Che proposed use, the amount
of investment in improvement proposed and made, and the nature of tl~e improvement proposed
with respect ro durability and time required to amortize tlle proposed investment Mr. Lockwooci
is proposing a 55-year lease. There are t~vo development phases. Phase I is to constrrict dlree
steel buildings for warehousc/storage. The estimated va(ue of improvements for Phase I is
$400,000. The beginning date for the proposed constr~iction is May 2006 and the proposed
completion date is May 2007. Phase tI wil( be to construct a 7,200 sq. ft. office space.
As outlined in KMC 21.10.030 (b)(5), the intended use must comply with the zoning ordinance
and compreheilsive plan of the City. KMC 21.10.060 (a) states the Commission "shal( normally
consider applications for specific lands on a first-come, first-served basis if the Commission
Yinds that the application is compleCe and the use proposed in the applieation is the highest and
best use and conforms to the Airport Master Plan and other goals set by the Commission or the
City Council." ~
The recommendaCion of the commission will be forwarded to the Kenai Ciry Council for lease
application approval.
Cc: Mark E. Lockwood
Rebecca Cronkhite, Airport Manager
Attachments
FOR CITY USE ONLY
Date ~~~'~_.`~une . Ad
Signature /G~~,,~e
CITY OF KENAI
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
(907) 283-7535 Ext. 223
LEASE APPLICATION
Name of Applicant ~Q..r' k C. L.(J~k~~C~ d
Address (" . G . ~C7X ~ J~ tatc ~~ ~.1~ ~A . t't~ "I `'I t0 ~ ~
$usiness Name and Address ()~~-~ Je~~ S~rL1-~'e.
13~5 l3redr~e f~cc~ss ~ic~ ~ (~e~~~,~}~. q4~U
~e,ep,1O1e 33 5-o~7CX3
Kenai Peninsula Borough Sales Tax No. (if applicable}
State of Alaska Business License Na (if appiicable) ., d,
Legal Description
~Tracf C3
~Ub, , No. 2
Purpose of Proposed Lease
Term of Proposed Lease
Desc tion of Proposed Developm nt (typ , consYruction materials, size, etc.)
( 2.~ - 2C7 ; by I 5c~ ' s~ee.l ~ u~ i d r~,~ s
( ~) -_ ~}G b~~ 15~ ~s}~,LL ~~~Idtnc~_ PhCS~.. T
~~,ZOb ~.~I-. offi~e srx,~e - Phas~ ~I
Tune Schedule for Proposed Development ~~Q,~ 1- T~Q.SL'~
• BeginningDate J`~~~G'CXo ~~ ~~
• Completion Date (maximum of two years) ~J/ZCX37
Estimated Value of Improvements $ 4W ~
~ --
». _-
APPLICANT'SSIGNAT _LII~~-- _ -' ~ Date: 4-eo~e
APPLICANT'S SIGNATURE: Date:
CITY OF KENAl
LEASE APPLICATION CHECKLIST
(All items must be completed before appiication can be accepYed.)
Attach a development plan drawn to scale. Drawings do not need to be prepared by an
architect or engineer. Show the layout of the lot and the location of all proposed
improvements. The drawings also need to show the foliowing.
1. Existing buildings
2. Proposed buildings
3. Parking facilities (how many spaces and IocaYion)
4. Site improvements
• Areas to be cieared and method of disposal ~p~FS~Tf ~
• Proposed gravel or paved areas
• Landscaping plan
(reYention of natural vegetation and/or proposed planting areas)
5. Building set backs
6. Drainage plan and method of snow removal
7. Circulation plan (all entrances, exits and on-site access)
8. Location of sign(s) - sign permit required
9. Fencing - permit required if height is over 6'
lO.Curb cuts (where applicable)
i l. Building height
,vo,v-c,
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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 can be downloaded from the FAA website
http://www.alaska.faa.gov/airports. The site has a menu for forms. ~~6e
2 S~m, ¢f.~.f 6~
~~~i~~
CITY OF KENAI
~~ LBASE APPLICATION - CONDITIONS OF ACCEPTANCE
~ (To be completed by the City)
Kenai Peninsula Borough Parcel No. ~ y7 /fo D Oa,
Zoning ~e,.-c.~~ ~,s-~,-•-."e~~ ~.~=~
Permifs Required
• Conditional Use Permit ~~
• Landscape Review ~
• Building Permit ~r
• Sign Permit Gi._~
7~~
Assessments /l~o
Insurance Limifs Required ~1~~ G~O
Construction must begin by ~,{~~~ 02 yc~c.d'~f.c d~ ~~c..u~
Completion date for major construction ~~~E, ~- ~itez~f iii ~;~ ~,~c a~~~~
Planning Commission Approval
By: ~ ~~~-~ ~ C~~~. Date of Approvai: f=e6 h ~CVC
airman
Citv Council Approvat
By:
City Clerk
Date of Approval:
THIS APPLICATION WILL BE MADE A PART OF THE LEASE
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'~Viflage wit~r a Past, Gi~ wit~i a Fut~re'"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
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Telephone: 907-283-3692 / FAX: 907-283-3693
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tbeu~af
KENA~ SKA
n~MOU~rrvuM
To: Chazles M. Kopp, Acting City Manager
From: Robert J. Frates, Parks & Recreation Directo~
Date: February ~, 2006
RE: Ameudment to Special Use Permit
The City has received a request from the Kenai Central High School Hockey Booster club to
renew their Special Use Permit allowing for continuation of dasher board advertisements and ice
logos at the Muiti-Purpose Facility. A copy of this request is on file in the Legai Department.
Under provisions set in the Special Use Permit, this term may be extended for one additional
three (3) year term by mutual written consent of both parties. T'his request will complete that
term and is good from October 8, 2006 to October 8, 2009.
Attachments
AMENDMENT TO SPECIAL USE PERMIT
As allowed in paragraph #1 of the Special Use Permit made the 9`h day of June 2004, by
and between the CITY OF KENAI, hereinafter called 'PERMITTOR," 210 Fidalgo Avenue,
Kenai, AK 99611-7794, and KENAT CENTRAL HIGH SCHOOL HOCKEY BOOSTER CLUB,
hereinafter called "PERMITTEE," 9583 Kenai Spur Highway, Kenai, AK 99611, that Special
Use Permit is hereby asnended to exCend the term of Che permit for use of a portion of the Multi-
Purpose Facility for dasher boazd advertisements and ice logos for three (3) years, from October
8, 2006 to October 8, 2009.
PERMITTOR
CITY OF KENAI
By:
Charles M. Kopp
Acting City Manager
PERMITTEE
KCHS HOCKEY BOOSTER CLUB
By: _
(print)
(title)
DATE:
DATE:
AMENDMENT TO SPECIAL USE PERMIT Page 1 of 2
STATE OF ALASKA )
~ )ss.
~ ~ THIRB JUDICtAL DISTRICT )
THIS IS TO CERTTFY that on this _ day of February 2006, CHARLES M. KOPP,
Acting City Manager of the CITY OF KENAI, Alaska, being personally known to me or having
produced satisfactory evidence of identification, appeazed before me and aclrnowledged the
voluntary and authorized execution of the foregoing instnunent on behalf of said CITY.
Notary Public in and for Alaska
My Commission Expires: ~
STAT~ OF ALASKA )
)ss.
THIRD NDICIAL DISTRICT )
THIS IS TO CERTIFY that on this
day of February 2006,
(title) of KCAS HOCKEY BOOSTER CLUB, personally known to
me or having produced satisfactory evidence of identification, appeazed before me and
acknowledged the voluntary and authorized execution of the foregoing instnunent on behalf of
said KCHS HOCKEY BOOSTER CLUB.
Approved as for form:
Cary R. Graves, City Attorney
Notary Public in and for Alaska
My Commission Expires: _
AMENDMENT TO SPECIAL USE PERMIT Page 2 of 2
~~~s
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ttieu~af /
KENA~ SKA
„V ~Ca~e wit~i a Past, ~a~ wa't~r ~ ~
210 Fidalgo Avenue, Kenai, Alaska 996~ ~-~ ~>Y
Telephone: 907-283-3692 / FAX: 907-283-3693
MEMORANDUM
To: Charles M. Kopp, AcCing City Manager
From: Robert J. Frates, Parks & Recreation Directo
Date: February 8, 2006
RE: Municipal Park Site Ptan
Attached is the Municipal Pazk site plan reviewed by the Parks & Recreation Commission at their
February 2"d meeting. The project includes site preparation and construction including but not
limited to: Clearing and grubbirig; grading and earthwork; landscaping including trail work and
turf areas, facility construction (shelters) and site amenities, i.e., picnic tables, signs, benches,
BBQ grills.
This plan is nof signiftcantly different then the previous plan presented to the Kenai City Council
earlier this fall, except for the following recommended changes:
1. ADD (1) SHELTER & PARKING LOT: A pazking lot and small shelter should be
added on the backside of the park neaz the trailhead leading to the beach.
2. RELOCATE PROPOSED MAIN SHELTER: This shelter was originally proposed,
however, the location of which was stighYly moved to better facilitate trai] use and avoid
congesYion.
3. 10' TRAIL WID'Tfi: Trail width was doubled to accommodate a multiuse trail system
and to provide the width needed for the water truck and other maintenance vehicles Yo
travel.
4. REDUCED NtJMBER OF PICNIC STPES: The number of picnic sites was reduced to
approximately hal£ Additional picnic areas can always be added at a fiature date, as
needed.
5. ADD 3-5 MINI-SHELTERS: Recommended that a few picnic sites be selected and
simple mini-shelters installed over the picnic tables for sun and rain protection.
6. ELLIMINATE PARHING LOT ON SOU'I'H FOREST DRIVE: South Forest Drive
pazking may not be needed as a result of the recent pazking lot expansion/paving near the
main entrance coupled with proposed parking on the back side of the park. However,
depending on projecfed costs, pazking along South Forest Drive eould be included as an
added alternate in the bid specificarions.
If it is the desire of Council, we will begin developing our bid specifieations based on the above
changes to the Municipal Park site ptan.
Attachment
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KENA~ ~Kt-
January 25, 2006
Senator Thomas Wagoner
5tate Capitol, Room a27
Juneau, AK 99801-1182
"l/if(a~e wi~~ a Past, Gi~ wit~r a~ut~
210 Fidalgo Avenue, Kenai, Alaska 996 1 1-7794
Telephone: 907-283-3642 / FAX: 907-283-3693
RE: KENAI SPUR HIGHWAY STREELIGHTS
Dear Senator Wagoner,
-lo
The City of Kenai has submitted a formal written request for addiCional streeClights for inclusion
into the State of Alaska's highway transportation and safety improvements. The request was
forwarded to Mr. Gordon Keith, Regional Director, Alaska DOT/PF on January 24, 2006.
The Kenai Parks & Recreation Commission wishes to fully endorse and support the City of
Kenai's request for continuous street lighting along the Kenai Spur Highway from Mile Post 4 to
8 and from Mile Post 12 to 14. As you know, the Kenai Spur Highway is the City's main
transportation artery. Along with increased traffic, there have been numerous vehiculaz
accidents and collisions with moose along these two stretches of highway. This data is supported
by the Kenai Police DepartmenYs End of Year Report-2004, which indicates the majority of
moose crashes occurred in these two azeas.
Furthermore, the City of Kenai has received a substantial grant (Land & Water Conservation
Fund) for the development of a lazge soccer complex adjacent Yo Mile Post 12. Due to the
increased traffic that this facility will generate, coupled with no illumination and the already
existing high accident rate, we have iremendous concerns for our motorists, wildlife and our
children's safety. We believe illumination in these two areas will create a safer community by
significantly reducing motor vehicle accidents and provide the safety and security our children
deserve.
We want to thank you for your valuable time by allowing us to express our concern and the
seriousness of this request.
Sincerely Yours,
Kenai Parks & Recreation Commission
~~ ~
f. .
' Convention 8.
~ Visitors Bureau,~~~
February 12, 2006
-i~
RECEiVE~'
,i~ I 3 LUt~^
KENAI
Chuck Kopp, Acting City Manager
CITY OF KENAI
210 Fidalgo Avenue
Kenai, AK 99611
RE: Conference Center
Dear Chief Kopp:
Thank you for the opportunity to address the possibilities of creating a conference
center for Kenai.
The estabiishment of a convention cente~ industry for Kenai is one of the goais of the
tourism initiative ident~ed in the KEDS Strategic Pian. This issue came to the forefront
during the December 12, 2005 KEDS Action Team meeting when that group passed a
resolution requesting the Kenai Convention and Visitors Bureau (KCVB) to work with
the City of Kenai to determine the feasibility. KCVB's Board of Directo-s in turn passed
a resolution on January 30, 2006 directing the Executive Director to work with the City
of Kenai and the Kenai Chamber of Commerce on this project.
In the email dated February 10, 2006 I was requested to provide following information:
/ Supporting community groups
/ Need within Yhe community
/ Positive effects to business climate
/ Transforming the Old Carr's Grocery Store into a Conference Center
Below is the information gathered since this issue was first discussed at the KEDS
Action Team meeting.
Supporting Community Groups
The City of Kenai Administration, Kenai Chamber of C
and the Kenai Convention and Visitors Bureau all h~
investigating the possibility of establishing a conference
anticipate area lodging, catering, and restaurant owne
stand alone conference center.
ommerce, KEDS Action Team
ve expressed their support in
center in Kenai. Additionally, I
rs also support establishing a
www.visitkenai.com
Need
Currentiy, Kenai is capable of hosting groups of less than 1C~0 people. While
determining the nesd within the community, I looked not oniy at what large associations
had met in the centrai peninsula area but also at those groups that are unable to do so
because of the lack of ineeting facilities.
The majority of Alaska's statewide associations hold annual meetings or conferences
around Alaska but their number of attendees greatly exceeds our capacity. Most of
these associations know the location for their annual events for a minimum of two years
in advance. Until there is a commitment to establish a facility capable of satisfying
these groups' needs, we are unable to bid in good faith for these opportunities.
Until that time, there are several large annual events occurring in our area whose size
limits the facilities in which they can be held. Altematively, the available facilities limit
the size of the event. Anecdotal evidence is that people would like to hold more events
in Kenai if the facilities were available.
Positive Effect to Business Climate
To measure the effectiveness of a conference center, most communities look at both
the direct and indirect economic benefits. The direct benefits include expenditures by
fihe facility for salaries, supplies and services, which includes the impacts of those
monies remaining within the community. The indirect benefits include the expenditures
which occur because of the facility's presence in the communiiy, such as full lodging
properties and restaurants. According to a feasibility study for the Sedona Performing
Arts Conference Center, "over the last decade, the performance of lodging properties
with conference facitities has been better in both occupancy and room rates than
lodging without conference and event facilities." More demand means less supply
resulting in higher room rates. It also means more jobs; thus more of the "new" money
coming into the community remains here to be spent locally. Below is an exampie of
the economic benefits of hosting just one group of 500 for a three day conference.
Group
Visitor Hotel
Room Economic City
Size
Days
Rate Impact
* Sales
$100 ~
1.5} Tax
500 1500 $150,000 $225,000 $6,750
Another benefit will be the competition for lodging. As hotels compete for business, it is
anticipated they will upgrade their amenities and services to better meet guests' needs.
Furthermore, since Kenai's lodging, particularly hotel rooms, is limited a conference
center would have a positive impact for Kenai, Nikiski and Soldotna when large groups
meet in Kenai.
Transforming the Old Carrs Grocery Store into a Conference Cen4er
This facility is experiencing increased use for special evening events. To tum it into a
conference center will require:
/ increasing the size of the bathrooms;
/ restructuring one of the loading dock doors to allow for access from the ground;
/ increasing the parking behind the building;
/ adding commerciai kitchen facilities;
/ remodeling some areas into space for break out rooms;
/ adding partitions to ailow division of the large room into smalier usable rooms;
/ remodeling of the entrance;
/ adding sound boards to decrease cavernous sound in larger room;
/ upgrading HVAC system and electricai wiring;
/ wiring for today's technology;
/ creating large storage areas for tables, chairs, exhibit staging, etc.;
/ creating office space and break room area for future staff; and
/ general cosmetic changes inside and outside.
Our recommendation is to have a professional engineer visit the facility to determine
whether these changes are practical before pursuing this location further.
Conclusion
Businesses in and around Kenai wouid benefit from a confe~ence center. if we begin to
bid for meetings now, the earliest we optimisticaliy could expect a large meeting to book
is 2008. In the interim, local meetings and events wouBd be the mainstay for the facility.
This could piace it in competition with meeting space at the Challenger Learning Center
and the Kenai Visitors & Cultural Center, though in the future, the large meetings and
conventions would bring additional opportunities to these structures for use for
receptions, etc.
Finally, it is uniikely that the facility will be completely self-sustaining. Rather, if
pursued, it should be viewed as an investment to bring additional business, "new"
money and jobs to Kenai.
Thank you for the opportunity to address this exciting topic.
Warm regards,
KENAI CONVENTION AND VISITORS BUREAU
Mya enken
Executive Director
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a~rraY aax~oRr coMmrssyoN
FEBRUARY 9, 2006
KENAI CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
YTEM 3: APPROVAL OF MEETING SUMMARY -- January 12, 2006
ITEM 4: PERSONS SCHEDULED TO BE FIEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Air Fair
ITEM 6: NEW BUSINESS
ITEM 7: REPORT
a. Commission Chair
b. Airport Manager
a City Council Liaison
ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATYON ITEMS
a. Kenai City Council Meeting Action Agendas for January 4 and 18, 2006.
b. 1/ 12/06 Airport Manager Report
ITEM 11: ADJOURNMENT
KENAI AIRPORT COMMISSION
FEBRUARY 9, 2006
KENAI CITY COUNCYL CHAMBERS
?:00 P.M.
CHAIR HENRY KNACKNSTEDT
MEETING SUMMARY
ITEM 1: CALL TO ORDER AND ROLL CALL
Chair Knackstedt called
confirmed as follows:
Commissioners present
Commissioners absent:
Others present:
A quorum was present.
the meeting to order at appro~mately 7:01 p.m. Roll was
J. Zirul, J. Bielefeld, H. Knackstedt, E. Mayer, D. Haralson
L. Porter
C. Versaw
Airport Administrative Assistant M. Bondurant, Airport
Manager R. Cronkhite, and Council Mer .ner R. Ross
ITEM 2: AGENDA APPROVAL
MOTION:
Commissioner Bielefeld MOVED to approve the agenda as presented and
Commissioner Harralson SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3: APPROVAL QF MEETING SUMMARY -- January 12, 2006
MOTION:
Commissioner Bielefeld MOVED to approve the meeting summary of January 12, 2006
as presented and Commissioner Porter SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 4: PERSONS SCI~EDULED TO BE HEARD -- None.
ITEM 5: OLD BUSYNESS
5-a. Discussion -- Air Fair
A report was presented noting the following:
• The Air Fair will be held on Saturday, May 13, 2006.
• Breakfast will be at the Soidotna Airport from 8:00 -11:00 a.m.
• Barbecue will be held at the Kenai Airport in the afternoon.
• Other activities will include fun flight awards, military appreciation, and
possible aircraft events.
• Sponsorships are being sought.
David Machato, President EAA -- Spoke on general aviation and the Kenai Airport
and suggested rule exceptions aliowing more fle~bility are needed.
Nelson Amen, 1508 Toyon Way, Kenai -- Stated he believed the Airport and facility is
great with lots of room for the air show. He added, both sides need to be flexibie but
also be safety aware.
ITEM 6: NEW BUSYNESS -- None.
ITEM ?: REPORT
T-a. Commission Chair -- Chair Knackstedt reported the following:
• Soldotna Airport will be initiating a flat tas as they are concerned lazge
aircraft are leaving.
• Noticed the old Hertz property is for sale. Discussion followed whether
the airport should reseazch acquiring the property.
MOTION:
Commissioner Haralson MOVED for the Airport manager to pursue re-acquiring the
property for the airport. Commissioner Zirul SECONDED the motion. There were no
objections. SO ORDERED.
'7-b. Airport Manager -- Airport Manager Cronkhite reported she was
researching T-hangars, Quonset hut hangars, airport regulations, and the
Implementation Plan for the Supplemental Pian.
9-c. City Council Liaison -- Council Member Ross noted, council accepted
the Supplemental Plan and Implementation Plan. The actual changes wouid be a
matter of ordinance and would be approved one ordinance at a time. Ordinances
related to the P1ans will be forwarded to the KEDS group, realtors, etc. for review and
comment prior to considering the ordinances.
Commission requested ordinances be forwarded to them for review and comment as
well.
ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS
Due to the Arctic Winter Games taking place during the week of the March 9, 2006
regular meeting date, a request was made to change the meeting date to March 16.
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None.
AIRPORT COMMISSION MEETING
FEBRUARY 9, 2006
PAGE 2
ITEM 10: INFORMATION YTEMS
10-a. Kenai City Council Meeting Action Agendas for January 4 and 18, 2006.
10-b. 1/12/06 Airport Manager Report
ITEM 11: ADJOURNMEPdT
MOTION:
Commissioner Zirui MOVED to adjoum and Commissioner Haralson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:30 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
AIRPORT COMMISSION MEETING
FEBRUARY 9, 2006
PAGE 3
KENAI LIBRARY COMMISSION
' KENAI COUNCIL CHAMBERS
FEBRUARY 7, 2006
T:00 P.M.
AGENDA
'~
ITEM 1: CALL TO ORDER 8s ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- January 3, 2006
YTEM 4: PERSONS SCHEDULED TO BE HEARD
YTEM 5: OLD BUSYNESS
a. Discussion -- Proposed Library Expansion/Conceptual Pian
ITEM 6: NEW BUSINESS
a. Discussion -- Needs Assessment
b. Discussion -- User Survey
YTEM '7: REPORTS
a. Director
b. Friends of the Library
c. City Council Liaison
ITEM 8: COMMISSION COMMENTS/OUESTIONS
ITEM 9: INFORMATION
a. Kenai City Council Action Agendas of January 4 and 18, 2006.
ITEM 10: ADJOURNMENT
KENAI LYBRARY COMMISSION
KENAI COUNCIL CIiAMBERS
FEBRUARY 7, 2006
7:00 P.M.
CHAIR BOB PETERS, PRESYDYNG
MEETING SUMMARY
YTEM 1: CALL TO ORDER & ROLL CALL
Chair Peters called the meeting to order at approximately 7:00 p.m. Roli was
confirmed as follows:
Commissioners present: K. Heus, E. DeForest, E. Bryson, B. Peters, C. Cook
Commissioners absent: C. Brenckle, R. Gilman
Others present: Library Director M. Joiner, Council Member Molloy
A quorum was present.
ITEM 2: AGENDA APPROVAL
MOTION:
Commissioner Heus MOVED to approve the agenda as presented and Commissioner
DeForest SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- January 3, 2006
MOTION:
Commissioner DeForest MOVED to approve the January 3, 2006 meeting summary as
presented and Commissioner Heus SECONDED the motion. There were no objections.
SO ORDERED.
YTEM 4: PERSONS SCHEDULED TO BE HEARD
4-a. Peter Klauder, Klauder 8s Company Architects -- Klauder discussed
the following related to the proposed building expansion project:
• Space needs and concerns
• He was hired to program and design a single-story addition, with a site
plan and conceptual pTan.
• He will meet with library staff to discuss the site plan further.
ITEM 5: OLD BUSINESS
5-a. Discussion -- Proposed Library Expansion/Conceptual Plan
A needs assessment plan was distributed for conceptual planning.
ITEM 6: NEW BUSYNESS
6-a. Discussion -- Needs Assessment
Director Joiner spoke to needs assessment, building program, and information needing
to be collected. She requested members to review the plan and consider what may be
needed for the building, including ADA needs. Joiner also reported she wouid be
gathering information for a user survey.
6-b. Discussion -- User Survey
Discussed above.
ITEM '7: REPORTS
9-a. Director -- Director Joiner reported the following:
• She was excited to be in Kenai and working at the library.
• She is looking forward to working on the expansion project.
?-b. Frieads of the Library -- Member Heus reported the Friends held their
membership "tea"; she distributed the latest newsletter; noted a subcommittee was
formed to set goals for the proposed expansion; and, a capital campaign is being
planned.
?-c. City Council Liaison -- Council Member Molloy welcomed Joiner;
reported Rick Kock had been hired as Kenai City Manager; and gave a brief review of
actions taken at the February 1 councii meeting.
ITEM 8: COMMYSSION COMMENTS/QUESTIONS
Bryson -- Suggested public service announcements be requested related to the
Sunday performance.
Heus -- Welcomed Joiner and Commissioner Cook.
DeForest -- Welcomed Cook and Joiner.
Cook -- Asked how she could best serve the Commission.
Peters -- Welcomed Cook and noted he was looking forward to working on the
addition.
ITEM 9: INFORMATION
9-a. Kenai City Council Action Agendas of January 4 and 18, 2006.
ITEM 10: ADJOURNMENT
LdBRARY COMMISSION MEETING
FEBRUARY 7, 2006
PAGE 2
MOTYON:
Commissioner DeForest MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at appro~mately 8:18 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
LIBRARY COMMISSION MEETING
FEBRUARY 7, 2006
PAGE 3
-
KENAI PARKS & RECREATION COMMYSSION
FEBRUARY 2, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
YTEM 3: APPROVAL OF MEETING SUMMAI2Y -- January 5, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Kenai Municipal Park/Proposed Improvements
ITEM 6: NEW BUSINESS
a. Discussion -- Leif Hansen Memorial Park/Proposed Sprinkler System
ITEM 7: REPORTS
a. Commission Chair
b. Director
a City Council Liaison
ITEM 8: COMMISSION OUESTIONS 8s COMMENTS
ITEM 9: PERSONS PRESENT NOT SCIiEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of January 4 and I8, 2006.
b. January Hockey Rink Ice Schedule
c. Wrestling Clinic Flyer/Goals & Activities
ITEM 11:
KENAI PARKS & RECREATION COMMISSION
FEBRUARY 2, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
VICE CI3AIR TODD WORTHAM, PRESIDING
MEETYNG SUMMARY
ITEM 1: CALL TO ORDER & ROLL CALL
Vice Chair Wortham calle
was confirmed as follows:
Commissioners present:
Commissioners absent:
Others present:
i the meeting to order at appro~ciinately 7:08 p.m. The roll
J. Foglia, J. Carroll, T. Wortham, D. Hagen
A. DeMello, D. Sandahi, J. Beeson
Parks & Recreation Director B. Frates, Council Member B
Molloy
ITEM 2: AGENDA APPROVAL
There were no changes to the agenda and it was approved as presented.
ITEM 3: APPROVAL OF MEETING SUMMARY -- January 5, 2006
There were no changes or corrections to the summary and it was approved as
submitted.
ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5: OLD BUSINESS
5-a. Discussion -- Kenai Municipal Park/Proposed Improvements
Director Frates reviewed the revised site plan which was included in the packet, noting
the elimination of several picnic sites; addition of one more shelter; a ten foot trail
width; three-five possibilities of mini-shelters; and, turf areas around the perimeter of
the picnic sites.
Discussion followed during which it was noted, the reaz shelter wouid be able to be
seen from the road due to a large area would be cleared for the group picnic area.
There were no further changes suggested and the Commission recommended the pian
be presented to council.
YTEM 6: NEW BUSINESS
6-a. Discussion -- Leif Hansen Memorial Park/Proposed Sprinkler System
Frates reported the city had dedicated some legislative funds for an underground
spnnkler system at the Park.
Mike Colton, Colton Undergrouad Sprinklers -- Discussed with the members
information about his business; various projects throughout the state in which his
business has been involved; and, spring preparation, winterization process and
maintenance of the system.
ITEM 7: REPORTS
7-a. Comm'sssion Chair -- None.
7-b. Director -- Frates gave a brief report of the Department's project
involvements and noted the letter supporting the State's placement of street lights
along the Spur Highway in the area of the proposed soccer park.
7-c. City Council Liaison -- Council Member Molloy gave an update on the
City Manager appointment, land sales, approval of the Lowe's lease, and noted his
appreciation for the Commission's work on Municipal Park.
ITEM 8: COMMISSYON OUESTIONS & COMMENTS
Brief discussion took place related to further questions of the underground water
system and how Municipal Park was selected for upgrade.
ITEM 9: PERSONS PRESENT NOT SCAEDULED TO BE HEARD -- None.
ITEM 10: INFORMATSON
10-a. Council Action Agendas of January 4 and 18, 2006.
10-b. January Hockey Rink Ice Schedule
10-c. Wrestling Ciinic Flyer/Goals & Activities
ITEM 11: ADJOURNMENT
1'he meeting adjourned at approximately 8:00 p.m.
Meeting Summary prepared by:
Cazol L. Freas, City Clerk
PARKS & RECREATION COMMISSION MEETING
FEBRUARY 2, 2006
Page 2
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KENA~ SKA
February 7, 2006
Steve Hansen, Piant Manager
Tesoro Alaska Petroleum
P.O. Box 3369
Kenai, AK 99611
`~I/illa e witti a Past, Gi~ wi~ ~~Q,yri
9
210 Fidalgo Avenue, Kenai, Alaska L _ _ . . . . _ .
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
Dear Steve,
On behalf of the Kenai City Council, City Administration, and the community of Kenai
we wanted to pass along our thanks to Tesoro Alaska Petroleum for the professional
management of last week's barge grounding.
What couid have been a major disaster to the environment and livelihood of our area
was circumvented by your staffs expertise and quick response. These actions
reinforce our confidence in the oii industries' efforts to protect our environment.
Thank you!
CITY OF KENAI ~
r~~ ~ 'Ci ~~~
Pat Porter
Mayor
PP/clf
Cc: Bruce Smith, Chair & President,
Tesoro Alaska Petroleum
BOYS & GYRLS CLUBS w\
OF THE KENA1 PENINSULA I~~
PROJECT PROTECT
Maintenance and Restoration of the Mouth of the Kenai River
Boys & Girls Club members respectfully request funds for Project Protect 2006 in the
amount of $7,500.00 from the City of Kenai. Project Protect is a collaborative effort that
is designed, coordinated and implemented by youth from the Kenai Clubhouse, Kenai
Teen Center and the City of Kenai to resolve the maintenance and restoration challenges
imposed upon the beaches and sand dunes located at the mouth of the Kenai River during
the summer.
Each yeaz, from mid-May to end-August, the mouth of the river is inundated with
local citizens, tourists and subsistence fishers. The beaches rapidly become littered with
fish carcasses, forgotten fishing equipment, paper, soda cans, etc. As a result> the sand
dunes and surrounding vegetation also suffer. Fencing and barriers must be constantly
monitored and repaired throughout the season. With the sound comtnitment generated
between Club members and the City of Kenai, the Parks and Recreation staff is
complemented by the partnership to continue adequate services for the beaches and sand
dunes.
Each year Project Protect 2004 and 2005 realized 20-25 youth volunteers ages ten
to eighteen working together with the Parks and Recreation to ensure the beaches were
clean. Upon our efforts to conduct Project Protect 2004, we quickly learned that our
presence on the beach made it possible for the City of Kenai to realize its goal to
maintain the busiest sections of the beach. Post-season, the young volunteers'
observations and slide show were presented to the City of Kenai February 16, 2005. At
that time, youth described what they found and what would not have been achieved had
they not been committed to the regular restoration and maintenance schedule. Together
Parks and Recreation staff and Club members met twice weekly to work on various
projects specific to on-site areas in need. Whether it was digging out metal-grated
walkways, digging fence holes, posting signs, removing refuge, or simply reminding
visiting tourists to be user friendly, these volunteers, ages ten to eighteen, stayed
committed to Project Protect. In reflection, the success of the program was lazgely due to
the student-driven initiative. Members were influential with the scheduling as well as
with the completion of each day's activities.
What happened during Project Pro[ect 2005 and what's in store for PP06? Members
collected -3,330 pounds of trash, mended fencing and erected permanen[ signs on the
north and south beaches. Members kept a joumal and met post-activity to shaze their
findings on beach days. The 2006 process will be conducted in three phases by the
Project Coordinator, Club members and the Kenai Pazks & Recreation staff to encourage
community volunteerism from individuals in the private and business sectors:
l. They will share and discuss their findings.
2. They wili create evaluations forms for volunteers, staff and community partners.
3. They will disseminate the coliected data, describe their outcomes and present their
recommendations to city councii October 2007.
In closing, it should be noted that this program would not have met frvition without
the shazed vision recognized by the Alaska Community Service Commission and the
local partnerships generated with the City of Kenai Pazks & Recreation Department, the
Kenai Watershed Forum and the Kenai River Sports Fishing Association; we truly
appreciate the foresight to invest in our youth. We andcipate that the proactive efforts set
forth by the actions of today's youth wili instill a sense of environmental stewardship in
tomocrow's leaders. With each yeaz that Project Protect condnues to gain support,
sustainabiliCy and longevity, local residents will understand, value and invesC in the
immediate responsibiliry to participate in this important act of civic duty. It is our
organization's determina[ion to continue the positive, immediate outcomes that Project
Protect achieves. On behalf of those young members that are on the beach today, we hope
that the City of Kenai wiil continue to invest in the project with an annual contribution to
offset summer costs realized by the program.
Respectfully submitted,
/ _- :
- - ~-`.
Brenda Pilgrim Ahlberg
Executive Director
Project Protect 2006
Boys & Girls Ciubs of the Kenai Peninsula
P~+vs & Girls C/ubs of the Kenai Peninsu/a i i ;
;ct Protect Summer 2006 ~ '
~
I i Description I Butlget I Actual I~ IrnKind ToYal
I
100 Personnel Services !
Operations Director 25°/o ' 3,275 !• ~ 3,275 3,275
Unit Director ~ - - ~ 2,906 2,906
~, Project Coordinator 100% ' I 5,488 5,488 I 5,488
~'project Assistant 100% 2,944 944 ~ 2,000 2,944
Executive Director 25% ~ • ; - ' 4,080 4,080
Administrative indirect Cost 10% pinance - - 1,770 ~ 1,170
Parks & Recreation Supervisor i • - ~ 4,375 4,375
Parks & Recreation Employee x z scae - - I 10,800 10,800
, ~I
200 1Travel ~
ISite visitS RT Clu6house van 438 ; 438 , 438
Site visits RT ciry truck , - - 438 438
400 !Supplies
Project Protect Shirts X 25 youth g~tisnin 300 300 300
~ Garbage Bags - - 250 250
Work Gloves 75 75 75
I
` 430: Utilities
~ Mobile Telepho~e X 5% _ . g g
445 Commerical insurance I
Property, Member, General, Auto 15 % X 3 months - - 8SO 850
500 Equipment ,
; Clubhouse Van i I - - 2,160 2,760
City Vehicle - • 2,160 2,160
Classroom Use i - - 1,050 1,050
6001 0ther
BBQ X 25 youth X 3 events 3.50/person 262 262 ~ • 262
Postage & Delivery - - 85 85
Background Profiles - - 30 30
Total 12,782 7,507 35,637 43,144
Project Protect Grant Request 7,507
Rura{ Alasica Community Action Pro rs
9
~0. Box 200908, Anchorage, AK 99520-G908
(907) 279-2511 O Fax: (907) 276-2309
www.ruralcap.com
~arAL GP~
January 24, 2006
Honorable Pat Porter
Mayor, City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
Dear Mayor Porter:
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I am writing to follow up on our meeting with you this past fall concerning our
interest in developing Owner-Built Self-Help homes on sites in the Mommsen's
Addition Subdivision.
The Owner-Bullt Self-Help program is a cooperative venture of the Rural Alaska
Community Action Program (RurAL CAP) and the U.S. Department of
Agrlculture-Rural Development. As the local project sponsor, RurAL CAP
recruits eligible homebuyers, conducts financial literacy and homebuyer
preparation training, secures sites, and provides training and supervision to the
homebuyers as they construct their homes. USDA-Rural Development provides
low-interest mortgage loans to cover the cost of the home materiais and work
- that must be contracted out.
This is not a give-away program. The target market is faruilies and individuals
with a steady, but modest Income; people who generally play by the rules, but
simply do not make enough money to afford a good quality home. The
homebuyers work together as a group; all of the homes go up at once and no
one moves in untii the entire project is completed. Homebuyers must prove
themseives credit-worthy in order to qualify for the USDA loan. They work -
hard - on the homes, more than 40 hours per week. In the end, their sweat
equity contribution may amount to as much as $60,000.
We know from the research and outreach we've conducted for our current
project in Sterling that there is a defirute need and demand for this kind of
housing opportunity in the City of Kenai, a need that is likely to be exacerbated
by the recently-announced plans for development of additional big-box retailers
in the city. We also know from our conversations with you and your staff that
the City is interested in seeding new development in the Mommsen
neighborhood, and is impiementing a stepped-up code enforcement program
there.
RurAL CAP would like to partner with the City to help turn Mommsen Addition
around by bringing new investment, new vitality, and new homeowners into the
neighborhood. Specifically, we propose to build new self-help homes on lots
that the City currently holds in its inventory of tax-foreclosure properties.
Healthy People, Suetainable Communitie5, Vibrant Culture5
The first step to seeding a new self-help project is securin~ site control.
Unfortunately, because we are still in the process of building the Sterling ~
project, we do not have much in the way of capital with which to buy land for a
Kenai project. We are requesting the City's allowing RurAL CAP to purchase ten
lots for the amount of back taxes owed, cvith a 51,000 earnest money payment
up front to secure site control, and final payment to be rendered to the City at
the time the individual lots are sold to self-help homebuyers.
The lots we are interested in purchasing are:
Tax parcels ID #03910223-227 (Lots 9-13, Block 12. Mommsen's Subdivision
Replat of Addition No 1& 2; and
Tax parcels ID #03910301-0305 (Lots 1-5, Biock 10, Mommsen's Subdivision
Replat of Addition No 1& 2
If we are able to come to terms with the City on site control, RurAL CAP will
immediately begin outreach to recruit and qualify eligible self-help homebuyers.
At the latest, we would expect to have the homes under construction in the
summer of 2007. If the outreach effort is extremely successful, it is possible
that construction could occur this season.
We see this project as potentially the first of several Owner-Bullder Self-Help
projects, each of which will bring new owner-occupied housing to the City of
Kenai, and provide an affordable, high-quality residential environment for
Kenai's ezcpanding cadre of retail, service, and tourism workers. Further, this
partnership will foster an increase in the local property tax base.
I am enclosing a fact sheet about the Owner-Bullder Self-Help housing program
that will answer questions you may have, including the income limits and
requirements for homebuyer participation. At your earliest convenience, I
would welcome the opportunity to make a formal presentation to the City
Councii, show the various house plans that you might expect to be bullt, and
respond to questions about our organization and our ability to deliver the
program in your community. I could be available to attend the February 15~
meeting, if you so desire.
Very truly yours,
, ~~~
,~~- C > ~~~~
itzi ~. Bazker, FAICP
Director, Rural Housing & Planning Division
RurAL CAP°s
Self-Help Owner-Built Homes Program
Frequently Asked Questions
WHAT IS SELF-HELP OWNER-BUILT HOMES?
Since 1971, the program, known nationally as Mutual Self-Nelp Housing,
has assisted thousands of low-income rural families and individuals achieve
home ownership. Under this program, qualifying families and individuals
jointly contribute home-building labor under the guidance of a skilled
construction supervisor furnished by RurAL CAP. Their labor becomes the
down payment, known as °sweat equity." The home construction and
long-term financing is provided by a USDA Rural DevelopmentS02 loan.
Hard work is the key, along with a willingness to work cooperatively with
other participants. Self-Helpers share a common goal of homeownership
and commit themselves to share in the work that will make that goal a
reality. This commitment equals to 30 hours per week. No one moves in
until all homes are complete. Self-Helpers build homes, friendships,
neighborhoods and communities.
WHAT IS RurAL CAP?
RurAL CAP is a private, statewide, nonprofit organization working to
improve the quality of life for low-income Alaskans since 1965. RurAL CAP
provides resources and services to enhance child and family development,
improve housing, save energy, develop leadership, promote environmental
conservation, prevent substance abuse and foster independent living.
Governed by a 24-member Board of Directors representing every region of
the state, RurAL CAP is one of the largest and most diversified not-for-
profit organizations in Alaska.
HOW DO I GET STARTED?
Complete a Pre-screening Application and Credit Information Re%ase Form
found by foilowing the links at the RurAL CAP website:
www.ruralcap.com/self help housinc,~
Mail the completed forms to this address:
Attn: Carole Absher, Self-Help Housing Coordinator
RurAL CAP
P 0 Box 200908
Anchorage, AK 99520
Or fax: 1-800-478-7227 extension 383
Then start attending the weekly workshops-Financial Fitness First and
Building Oreams: Nomeownership-to learn how to manage the
responsibilities of being a homeowner.
WHAT IF MY CREDIT ISN"T VERY GOOD?
As a potential Seif-Helper, you will receive useful information about your
credit report and how to repair it by attending weekly Financial Fitness First
and Building Dreams: Homeownership workshops. One-on-one counseling
and guidance in repairing damaged credit is an important part of RurAL
CAP°s Self-Help Housing program. If you don't have a traditional credit
history, you will receive assistance in putting one together utilizing non-
traditional sources.
Good credit is important. Here are some indicators of creditworthiness that
home loan lenders look for:
/ Debts including existing utilities should be current and have a history
of timely payment.
/ There should be no more than two payments over 30 days late within
the last 12 months.
/ There can be no bankruptcy in the last 3 years.
/ Child support payments must be current.
/ There can be no federaFdebt delinquency-student loans, etc.
Remember: You will have an opportunity to explain late payments. There
may be exceptions for situations that arise that are out of your controL
' WHAT ABAUT INCOME AND OTHER REQUIREMENTS FOR A USDA
502 HOME LOAN?
Of course, a home loan lender, including USDA Rurai Development, is
looking for a stable source of income. To fit the income maximums, your
household may not earn more than 80% of the county median income with
certain adjustments (see the current chart specific to communities on the
road system). If you meet these guidelines, the next step is to determine
if your income is sufficient to handle a house payment and the rest of your
monthly debt. As a rule of thumb, you housing payment should not exceed
29% of your gross monthly income, and your total debt (including your
new house payment) should not exceed 41%. Generally, you need a
minimum gross income at or near $1,200 a month from a dependable
source(s).
Current USDA Income Limits for Communities on the Road System
Family Size Very Low Income Low Income
1 $ 27,450 $ 43,900
2 31,350 50,200
3 35,300 56,450
4 39,200 62,750
5 42,350 67,750
6 45,500 72,800
7 48,650 77,800
8 51,750 82,800
HOW MUCH WILL MY HOUSE PAYMENT BE?
That is a difFicult question to answer. A feature of the USDA 502 loan is an
interest rate based on your income. That means that the interest rate can
range from 1% to the market rate which is currently 5.5%. The interest
rate and your monthly loan payment can change annually if your income
goes up or down. Your house payment also depends on the amount you
finance and the amount of sweat equity you earn as a member of the Self-
Help builder team.
HOW MUCH OUT-OF-POCKET CASH WILL I NEED?
You'll need some hand tools and safety items--hand saw, hammer, safety
glasses, ear plugs, chalk line, nail apron, work gloves and shoes/boots, etc
These are items you can put those on your Christmas wish list if you don't
already have them. When you near closing on your loan, you will need
your first year's homeowner's insurance saved-figure $600+/-, You wiil
also need to pay for a mortgage loan credit report.
WHAT IF I°VE NEVER BUILT A HOUSE ~EFORE?
Part of RurAL CAP's job is to teach you all that you need to know. During
the winter before you break ground in the spring, you will attend weekly
pre-construction meetings to learn and practice carpentry and safety skills.
During the construction period, RurAL CAP's construction supervisor will
provide professional supervision and guidance at the worksite.
MAY I PICK THE LOCATION OF MY HOUSE?
RurAL CAP secures the building sites and develops them with utilities if
necessary. We try to find lots close to one another, services, schools and
of the same size and topography. Preferably, the lots will be on a
maintained road and have utilities to them or nearby. The Self-Helpers will
choose their building sites from the lots that RurAL CAP has available.
WHAT ABOUT THE DESIGN OF THE HOUSE?
RurAL CAP wi~l have a limited selection of 2, 3& 4 bedroom house designs
for the Self-Helpers to choose from. The designs wiBl be for house sizes
ranging from 800 -1,500 square feet. These design plans will be
approved by USDA Rural Development. How much your household can
afFord often determines the size and design of the house.
HOW LONG WILL IT TAKE TO BUILD MY HOUSE AND HOW MUCH
TIME WILL I BE REQUIRED TO COMMIT EACH WEEK?
Figure it will take 9- 12 months for all the homes to be completed.
Remember that no one moves in until all homes are finished. Plan to
commit 30 hours a week per Self-Help household to construction. You will
be able to use volunteers for part of those hours.
WHAT IF I WANT TO SELL MY HOUSE IN A FEW YEARS?
You may sell your house at any time after occupancy. You will be required
to pay back a part of the interest subsidy. This is known as "recapture."
The longer you stay in your new home the less subsidy you wili be required
to pay back. Your sweat equity is protected frorn recapture.
IS THE PROGRAM FOR FAMILIES AND MARRIED COUPLES ONLY?
The Self-Heip Owner-Buiit Nomes Program is for everyone who qualifies
regardless of ethnicity, race, religion or marital status.
d
RurAL CAP 5elf-Help Housing
~
EQUAL HOUSING
OPPORTUNITY
• The Affordable Housing program provides decentsafe
and affordable housing to eraduates of the Homeward
Bound program and other low-income Alaskans through
rental units in Anchorage.
• Homeward Bound and Community Bound are
community reintegration programs which provide
housing and case management to chronic homeless
alcoholics. The Adult Homeless Outreach Program
links chronic homeless alcoholics with services.
• ReBound provides Homeward Bound residents and
graduates wi[h project-oriented empioymen[ through
small business ~ enmres in the greaterAnchoraee area.
• Rural Head Start is an early childhood education
program for 3 to 4 year olds. Rural Head Start provides
education, health, dental, and nutrition services to
children in 24 communities across Ataska.
• Early Head Start is a home-based or combination center
and home-based early childhood education program for
pre-natal to 3 year olds. Early Head Start is offered in
seven Alaskan communities.
• Parents As Teachers is an early childhood parent
education and family support program desi2ned to
empower parents ro give their children [he best possible
start in life.
• Ihe Child Development Center in Anchorage is a
licensed, fuil-day, child care program.
l
Hncnorage ~ervaces ~..~~nu a~+cvc~v~~o~c~~~
~.ommunity Devefopment Rural Housing and Plar,none
• Four national community service AmeriCorps and
VISTA proerams provide over 120 Alaskans annually
with the opportunity to develop and share sMlls in the
areas of health and wellness, environmental education,
proposal wnting, and community planning.
• Through the Early Decisions Fetal Alcohol Syndrome
Prevention Project, annua] Rural Providers' Conference.
counselino and referral services, the ~aellness program
educates Alaskans about the benefits of healthy livine.
• R~rAL CAP provides administrative and logistical
support to the Alaska Native Subsistence Ha]ibut
Workine Group (ANHSWG).
0
• Housing rehabilitation and facility construction services
are provided statewide. Since 1975, RurAL CAP has
weatherized more [han 8,000 rural Alaskan homes. The
Self Help Housing Program enables low-income
families to realize home ownership throu~h sweat
equity.
• RurAL CAP promotes communiry-based planning
through technical training and limited on-site services.
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ME1~10I2ANDUM '~
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To: Chuck Kopp, Acting City Manager
From: Rachael S. Craig, Senior Center DirecYor
Date: February 8, 2006
Total number of days rented in January ?005:
Total number Congregate Meals Served 2005:
Total number Home Meals Served 2005:
Totai number of Congregate Meals 2004: 1,240
Total number of Home 1~ieals 2004: 1,469
We had a total of 717 volunteer hours for Januazy.
The director worked on the 2006-'07 budget and quarterly reports for the staTe granC.
The CenYer held an information seminar with 15 seniors in attendance and continues to Cake individual
appointments for Medicare part D.
The senior center participated by having a booth at the Kenai Peninsula Health Fair in Soldotna. A senior
volunteer manned the booth and shared information concerning the center with the public.
We continued to have our regular activities with many seniors in attendance.
Plans are underway for the third annual Area-Wide Senior Olympics being held in Soldotna during the month
of Februazy. Plan now to sign up and come join us. Anyone 55 and older is able to participate.
Kenai Community Library ~Vionthly Report
February 2006
January Circulation Figure~
Adult Fiction
Adult Non-Fiction
Periodicals
Juvenile Fiction
Juvenile Non-Fiction
Easy Fiction
Easy Non-Ficfion
Total Print
1816 Internet Access 1221
1490 Music 234
70 Puzzles 1p
448 Videos 1115
236 DVDs 586
1047 Audio books 232
199 Miscellaneous 75
5306
Total Circu(ation 8779
Total Catatog Searches 8077
Additions Gifts
Adult 86
Juvenile 8
Easy Books 19
Audio Visual 39
Documents 5
Subtotal 157
Total Additions 367
Interlibrary Loans Books
Ordered 27
Received 21
Returned 24
By our library 58
Volunteers 5
Hours 125.5
Income
Fines and Rental Books
Xerox
Lost/Damaged
Total income O1/06
Purchases Rentais
40 48
32
18
72
162
$1,255.50
251.00
98.00
$1604.50
48
Monthlv Report Far Februarv 15, 2006
Keith 6(omeiis, Public Worics Manager
Kenao Bank Stabilization and Coastal Trail: i have completed the review of the Corps' Kenai River Bank
rosion Technical Report. A copy of my review is in the council packet under information.
Federal Grant Applications: We are submitting the Kenai Bank Stabilization and Coastal Trail, the Kenai
Maintenance Shop Site Remediation, and the Water Treatment System at WH 1, 2, & 3 for our requests.
Set Net Drive 8 McCollum Drive / Aiiak Drive & Analer Drive LID's: The Set Net LID is ready for engineering
and construction. The McCollum/Aliak LID public hearing was rescheduled to March 15, 2006. In 2003 the
councii requested four different cost aliocation methods of assessing Yhis project, which I am presenting again this
time. We are having a Property Owners Cost Allocation Meeting on February 21 to discuss with the property
owners how they would like to allocate their cos4s. i added another method of equally sharing the costs. The
Angier Drive LID preliminary assessment role went to the cleric on January 19. Council can set a pubiic hearing
day on February 15 for April 12. The cost estimate for each project is on the high side with a 20% contingency
because of the high cost and unpredictable unit price of asphalt.
Kenai River Sqecial Manasaemerrt Area: The KRSMA board meeting of February 9 was cancelled. Guide
academy developments, guide advisory committee formation, horsepower discussion and ciarifiqtion, regulation
update, and buy-back updates (for old outboards) were on the agenda.
Town Clock: The clocks are nanning and iiluminated at night. There is still over $10,000 (with more anticipated)
in project funds for completing the landscaping, sidewaiks, benches, lights, and metai piaques. The Mayor and
city administration met with the artist, Celia Anderson, to discuss future work. I have received a quote for the two
piaques for the clock.
'SFlNS Grarrt: I have not heard from USFWS about grant increase that i have asked foc This is to cover their
:quest to substantially increase the size of the culvert that needs to be replaced under Boat Launch Road.
New Well House 4: 1 have appiied for a three-year extension of compliance for meeting the new 10 ppb arsenic
MCL for Well Houses 1, 3, and 4. Fiitronics, Sevem Trent, Kinetico, Basin Water, and Pureflow Filtration Systems
are all interested in providing arsenic removal treatment for our welis. There are many new metttods of treatmerrt
going on the market and new improved filter medias every month. This should bring the capital and operation and
maintenance costs dovm.
Dena'ina Point Estates: i met with the Corps to look at the excavation in the biuff that Mr. Lowe made. At the
corps suggestion, I met with Bill Nelson and we looked at the site. The city administration and Nelson met with
Bryan Lowe to discuss the situation. Biii Neison wiil be sending us a report. The main concems are the erosion
around the storm drain culvert and seeding the slopes.
State Leaislative Grarrt - Joirrt Municiaal Water 8 Sewer Svstem Analvsis: This $50,000 graM is to "Update
and Improve the Cify of Kenai Water System Siudy with consideration for extending the system to neighboring
areas.° it will be used to update Neison's Water System Study dated March 28, 1994.
Boatina Facilitv Launch Ra~,r,~a: This grant from the state is for adding two new launch ramps. The project pre-
bid is 2/21 and the bid opening is 3/7. Substantial completion is June 1 with final completion June 15.
Boatina Faciiifi+ Exit Road 8~ Sale of Citv Wetlands: The city is finalizing the land trade with The Conservation
Fund for the boating faciiity exit road. There is no money appropriated to consWct this exit road.
w Street Liqhts: Public Works is compiling a list of requested new streetlights for city streets. I have asked
~ state to install streetlights on the Kenai Spur Highway from MP12-14 and MP 4-8.
Dock ~eases: We are bidding the two dock leases separatety for a two-year period with a minimum bid amount
that is Gose to what was bid iast year. The bid opening is 2/21.
~~al ~oLlc~ ~~~.~~~~E~vT
107 SOtiTH WILLOW STREF.T K.ENAI,.?Z~ 99611
Telephone (907) 283-7879
Fax (907) 283-2267
_ ~
1'~~'I
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D
To: Clvef Kopp :~-
Fm: Lt. ~~'annamakez
Re: Depazunent Report - January 2006
533 Calls for Service
142 emexgencv 911 calls received bv the Dispatch centec
On Jan. 9~h, Sgt. Sandahl beg,an a 10-week execunve coucse at the FBI Nanonal Academy in Quannco, ~':1.
Inv. I{elly George spent 2 weeks in Anchoxage as a D.A.R.E. ~fentor, teaching/instrucnng new D.A.R.E.
Officers.
OfFicer Turnage taught two Meth Lab classes in Homec and a Rececu£cadon course at KPD; this traunng
involved officers from KPD, AST, Homer PD, and other public safetv personnel.
The Depaztment condnues aggressive ccafFic enforcement / DUI suppression through f-Iighway Safety granes;
officers work these estca 5-hour shi&s one weekend pez month plus Holidays. These traffic efforts
contribute to increased motorist safety and, thru visible presence, fe~ver documented traffic violations.
Our Code Enforcement OEficex, Robert Petexson, continues doinp a good job invesdgating Code complaints
and working with P&Z personnel in a harmonious manner.
The Deparunent continues [o be heavily involved in :lrcnc Wincez Games planning & preparauon.
F \
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KENA~ SKA
"1lclla e wit~i a Past, Gi witl~ '
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: Carol L. Freas, Ciry Cle~,
DATE: February 10, 2006 ~
RE: PI ANIVING Sc ZOIVING CObl1VIISSION TRAIIVING
The Alaska Chapter of American Planning Association is sponsoring Planning
Commissioner Training to be held in Anchorage on March 3, 2006.
There are three members of the Planning 8v Zoning Commission who have stated a
desire to attend the training and another member who would like to attend if his
schedule allows it. Estimated cost for four members to travel to Anchorage for
training is $1,040, which includes tuition, mileage or airfare/taxi, and lunch.
Past procedure has been Council approves the travel of commissions/committees and
because the commissions/coinmittees do not have budgets, their travel has been paid
for through the Legislative Budget (Council) travel funds. Currentty, the Legislative
travel budget has a balance of $13,607.77.
Does Council approve the traveT of Pianning & Zoning Commissioners to attend
the Pianning Commissioner Training in Anchorage on March 3, 2006 with the
Legislative budget covertng the costs of travel?
Page 1 of 2
Caroi Freas
From: McPherson, John [John.McPherson@hdrinacom]
Sent: Friday, February 03, 2006 5:45 PM
Cc: M. Anne Brooks; McPherson, John
Subject: Alaska Chapter of the American Planning Associatio~ Training
Dear Community Officiais,
My name is John McPherson and I am the Aiaska Chapter President of the American Pianning Association. Many of you may remember in years
past when APA offered planning commissioner training. Well I am pleased to announce the resumption of that treining. 8elow you will find details.
In addition, I am happy to announce a public involvement training opportunity that may also be of interest to community staff or elected offciais.
That information is also descnbed below.
Please share this information with others in your community that you think would be interested in these training opportunities.
Thank you for your tlme.
Siocerely,
John McPherson
APA Alaska Chapter President
Training Opportunity
The Alaska Chapter of the American Planning Association is cosponsoring two training opportunities in March that
should be of interest to both pianning commissioners and planners. First on Friday March 3rd, 2006 we wili have a
return of the once popuiar Planning Commissioner Training. This one day training will be geared toward planning
commissioners and staff members that work directiy with pianning commissions. The training wiil be split between
topics related to being on the planning commission and public participation for elected officials. The second training
opportunity is Public Imoivement Training to be held between March 6th and March 10th. Both trainings will be
heid in Anchorage. Plan to stay over or come early to enjoy the start of the Iditarod (Ceremonial Start on Saturday
Morning March 4th in Anchorage or the O~ciai Start on Sunday Morning March 5th in Wasilla) and the end the
Anchorage Fur Re~deavous carnivai which runs February 17 through March 5th in Anchorage.
Planning Commissioner Training. A good planning commissioner takes the future seriously, works hard, and is
patient, and willing and abie to make decisions. This training wiil provide an overview to help you understand the Iegai
and policy framework for planning in Alaska's communities. It will also provide you with information on the powers and
duties of the planning commission. The training will be based on the Alaska Planning Commission Handbook. This
handbook was updated in 2003 by the Department of Community and Economic Development in cooperation with the
Alaska Chapter of the American Pianning Association. The training covers aspects associated with:
1. Comprehensive and other types of pianning
2. Zoning and platting
3. How a planning commission operates
4. The authority and duties of the commission and standards for commission decision-making .
A key component and function of the planning commission is to be a forum for public input relating to pianning. Part
of the training will focus or Public Participation for Local Government O~cials. This training wili be put on by a Dr.
Marty Rozelle with IAP2 (see below). This training will focus on foundations for improving public participation and
communication in your role as elected or appointed o~ciais.
The meeting will be held at the BP Energy Center in Anchorage from 830 a.m. to 4:30 p.m. on Friday March 3,
2006. The cost of the training is $50 for non-APA members and $25 for APA members. Space for the APA training is
limited to 40. Details and registration informatio~ for either training can be found on the Aiaska Chapter web site at
http:/lwww.alaskapla~ning.orp/. For more information contact me at John.McPherson@hdrinc.com or (907) 644-
2013.
Public Involvement Training. Pubiic involvement training through the newly established Alaska Chapter of the
intemational Association for Public Participation (IAP2j is coming to Anchorage! Anyone involved in planning or
implementing programs for public participation are encouraged to take this trai~ing. Titled "EfFective Public
Page 2 of 2
Participation in Public Policy," the training consists of three courses offered over a five-day period March 6-10, 2006 .
This course results in a Certificate in Public Participation from IAP2. For those of you who beiong to the American
'~stitute of Certified Pianners, you can apply these hours for AICP continuing education credits.
, he series of courses will help you discover the principles that form the foundation for effective pubiic participation
programs, and learn to use the IAP2 approach. Learn how to conduct public participation programs that resuit in
better decisio~s. Evaluate which problems are appropriate for appiying public participation as a support to decision-
making, set clear objectives, and determine the most suitable level of public participation. Learn to match the
technique or tooi to the probiem at hand and practice a dozen techniques. Tipsheets are provided with detailed
information on selecting, implementing, and evaluating a broad range of participation activities.
The courses wiil be taught by master trainer Dr. Marty Rozeile. Dr . Rozeile has 30 years of experience in public
policy development, third-party facilitation, public participation program design, and conflict resolution for a wide range
of projects nationally and internationaily. She writes and speaks widely on public participation issues.
IAP2 is a professional public participation association that provides a framework that includes core
principles, as well as direction and support by linking members to tools, training, and networking. More
information on IAP2 can be found at www.iap2.org. IAP2 currently has members in 22 countries around
the gtobe, including United States, Canada, Australia, United Kingdom, New Zealand, South Africa, Japan,
Austria, China, Finland, France, Lebanon, Mexico, Poland, Siovenia, Thailand.
For more information on the IAP2 training contact Atme Brooks of Brooks & Associates by mail (301 W
Northem Lights Bivd, Ste 440, Anchorage, AK 99508); phone (907-272-18'77); fax (907-743-6087) or
email (annebrooks ak.net). Anne is an Alaska APA member and Chairperson of the newiy established
Aiaska Chapter of ~AP2
INFORMATION YTEMS
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
1. 2/8/06 KK letter to Corps of Engineers related to Kenai River Bank
Erosion/Technical Report.
2. City Manager Applicants' Expenses Report.
3. 2/10/06 Purchase Orders Between $2,500 and $15,000 for Council Review.
4. State of Alaska 2006 Gaming Permit Application -- 'hlstamena 200 Sled Dog
Race Association.
S. 1/06 Kenai Municipal Airport January Enplanement Report.
6. 1/20/06 Oiled Regions of Alaska Foundation requesting a resolution related to
the E~con Valdez Oil Spill 1991 civil settlement.
7. 2/06 Kenai Chamber of Commerce newsletter.
8. 2/06 Soldotna Chamber of Commerce, Chamber Connection.
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KENA~ SNA
February 8, 2006
~
„V'lla e wit~i a Past Gi wc ~~ a" ~
9 ~'
210 Fidaigo Avenue, Kenai, Aiaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
Mr. Patrick Fitzgerald, P.E.
Department of the Army
U.S. Army Engineer District, Alaska
P.O. Box 6898
Anchorage, Alaska 99506-6898
Dear Mr. Fitzgerald:
Subject: Kenai River Bank Erosion - Technical Report, Kenai, Alaska
The City of Kenai has reviewed the Kenai River Bank Erosion Technical Report. We
are very pleased with the report and excited that our Kenai River Bluff Erosion Control
project is viable and can be built to stop the erosion. The report indicates that there
would only be a minor short-term effect on the environment (during construction) but a
positive long-term benefit after completion. it also states, "The steep and unstable bank
is a safety risk to residents and visitors to Kenai."
Erosion
The report points out that an enormous amount of material is eroding off the bluff into
the river. This erosion of three feet per year continues to endanger roads, water and
sewer rnains, and structures. This study estimates 21,300 tons/year of sediment comes
off the bluff.
Causes of Erosion
The report points out that a number of forces contribute to this bank erosion such as
wind, waves, foot traffic, overload drainage, groundwater seepage, and river current.
Groundwater seepage out of the bank face is listed as the primary contributor to
erosion. The Sediment Impact Assessment lists retreat by wave action at the toe,
freeze/thaw, and block failures associated with poor internal drainage as problems in
Mr. Patrick Fitzgerald, P.E.
Page 2
February 8, 2006
the lower honzon. Problems in the upper horizon include dry soil fall, eolai~ transport,
freeze/thaw, riiling and piping.
After receiving comments from the Kenai Harbor Commission, long-term residents,
along with public works observations, the City believes erosion caused by "wave action"
needs to be looked at cioser. The Study says that the wetlands and shoal at the mouth
of the river create a natural barrier that limits the wave height. There are times in some
areas of the bluff when five-foot to eight-foot-high storm waves directly hit the base of
the bluff during a high tide. The report says it's infrequent that a storm surge and high
tide happened at the same time. When it does happen (averaging once a year), huge
amounts of material are eroded. About ten years ago, over 20-feet of biuff sloughed off
during one high tide because waves undercut the base of the bluff.
Sedimentation
The report states, "The overall impact of the reduction in sediment load if the bank is
stabilized would be very minor, ..." "..., this quantity is small in comparison to the
overall amount of sediment contributed from other sources in the river." This study
reviewed the UAA (Oran Smith) sedimentation study and found the reduction in
sediment load at 5% (UAA was 7%). Both studies concluded that constructing this
project would have very littie impact o~ this reduction in sediment load. "Changes in the
morphology of the tidal flats and dunes is not expected given the net surplus of
sediment in the reach."
Sediment Impact Assessment states:
The proposed project consists of constructing a revetment of varying
cross-section with geotextile and rock erosion protection on its seaward
slope. The construction wili protect the subject one-mile stretch of bluffs
along the north bank of the Kenai River from erosion by e~reme high
water and waves. The lowest exte~t of the proposed erosion protection
will lie in the upper half of the tidal zone; above the water most of the time.
The upper eroding bluff wili be graded to a shaliower, more stable slope
and planted to prevent wind- and runoff-induced erosion.
Water Flow
The study points out that the project would cause an insignificant change to the river
velocity at high tide and no change at low tide. "Results of the modeling indicate that
the project would have minimal encroachment on the river flow path and would have an
insignificant impact on river currents."
Wildlife
The study states, "The highly compacted nature of this river bottom likely makes it
unsuitabie benthic invertebrate habitat." The Kenai River Estuary Baseline Fisheries
Mr. Patrick Fitrgerald. P.E.
Page 3
February 8, 2006
assessment reported many different animals in the Kenai River. The report does not
state any adverse effect this project would have on these animals. Lower sedimenYation
in the river because of stopping the erosion may even be beneficiai to these animals.
The study states that, "... it is unlikely that birds will be negatively affected in the long-
term due to the proposed erosion control project."
Conclusion of this report states:
Stabilization is technically possible and would likely not have a significant
affect on the environment. Additional studies should focus on field data
coliection to address erosion from groundwater seepage, identification of
cultural resources, and analysis and design of bank stabilization
measures. Groundwater studies, such as groundwater mapping, should
be performed to better define the seepage patterns and flow rates to
ensure a sound design for a stabilization project.
This report reassures the City of Kenai that the Kenai Bluff Erosion Control project is
feasible and can be co~structed without any long-term environmentai damage. The City
of Kenai Iooks forward to working with the Corps of Engineers on the next phase of this
project. The Senate Energy and Water Appropriations Conference Report for FY 06
lists $500,000 for Kenai Erosion Control and Bluff Stabilization. It can be found under
Corps of Engineers General investigations.
Sincerely,
~~ ~~~
Keith Kornelis
Public Works Manager
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Department of Revenue State of Alaska T
Tax Division, Gaming Group
PO Box 1~0420
2006 Gaming Permit Application
AS 05.15.020 ~~ I
1 `
'
Juneau, AK 99811-0420
Telephone 907.465.2320
This form is also svailable on the Intemet at www.lax.state.ak.us/forms.asp ~
ORGANIZATION INFORMATION
Fede2i Emptoyer lden6fication Number (EIN) Pem~it Number ~~
q t-~ 1 5 Li q S 3 ~.O 'S `-l oate st~m
e- e
Organvation's Name
"'Cv~s'r~.mPnh 'a.uo
S\e~"~o ~~,e ssoc. Telephone Number
~1, -S~'~al ~~•o-6`i9u
Mailing Atldress Fax Number
'~~x ~~o ~~z-se2°-
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~ State
~~ TP ~ode
qb~u E-Mail Address
c~s
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TYPE OF ORGAN Vl~TiON. (Check are box. For definitions see AS 05.15.690 antl 15 AAC 180.995.)
~Charitabie ~ ~FratemaP . ~POliceorFireDepartrnent
~CivicorService ~Labor .. ~POlitipl . _
~Dog Mushers Associa6on ~MUnicipality ~ ~Religious
~EducaBanal ~NOnProfitTradeAssociatlon ~Veterens
~Fishing Derby Assodation ~Outboard MotorAssociation ~IRAMative Village
~ ~Corpora6on ~PaMership ~ASSOCiation (
PERSONS IN CMARGE OF GAMES. Persons must be active membere of the organization, or an employee ot Ne munippality, and designated by ihe
organization. Personc may'rot be licensed as an ooe2tor. vendor. or emolovee of a venAOr.
Primary Members First Name
~ M.I. Primary Mambefs Last Name Altemate Mem6ers Flrst Name M.i. Allemate Membets last Name
oc~~ ~~-eKem:.- ~--o~n~:~e. 6~uuk.'s
Daylime Telephone Number Social Oaytime Te~eptwne Number
~~'1- ~bb -6y9o a'l-283-'Ii11~
Fbme Meiling Adtlress . . Home Mailing Adtlress
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C~(J.,S.~c~ State
~'~ T~p Code
`~q 6~u City .
1~ec~v~: SUte
1G Lp Code
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Has the primary member taken afM passed tha testY ~Yes ~NO Has the altemate mamber taken and passed the tastY ~Yes ^No
Pertnit number under which tlie tqst w2s take~: '~ ~7 S y Pertnit number undar which the test ~ras laken: 7.-19
iHESEOUEST10N3MUSTBEANSWERED. (SeeinsNictians.) ~ ~ ~ -
~ Yes ~ No Has any member ot mana o is responsible Por gaming activ convkted of a febny,
eutortion, w a violation ot a law or o~nance of this state or arrofher jurisdiction that is a airtre inwhring theft or dishonesty
or a vialation of gambli~g laws7 . ~ ~~
~ Ye5 ~ NO ~oes any member of maoagertrent or any perso~ who is responsible for gaming activities have a pfohibitetl confiicl of
iMerest as tlefined by 15 PAC 180.9549 ~
We dectaie under penalty of unswom (alsification, that we have examined this applica6on, includirrg any a8achments, and that to the
best of our knowledge and befFef, it is true and complete. We understand that any fa/se stafement made on this application or any
attachments rs nunishabie bv law. ~~
Primary or Altemate Members Signature Printed Name Date
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Presiden or vice-PresidenYs Signature (See instructions.) Printed Name ~~ - ~ Date ~~
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The pe~n~t fee is based on 2005 estlmated gross receipts Make Checks Payable W fhe State of Alaska - ~~ ~
^ so - azo.ooo = szo.oo ~ 520.00, - a,oo,ooo = sso ~ s,oo.oo, «mae = s,oo
Two copies of this application mus4 be sent to ail applicable municipalities ~ ~-
See instructions for mandatory attachments.
Fortn 44-826 ApPlication Front (Rev 09/05) Page 1 ~~
2006 Gaming Permit Application
~ Bingo
~ Raifles
~ Puli-Tahs ~
~ ContestofSkiil
~ Canned Salmon Classic
~ Deep freeze Classic
~ Dog MusheYs Contest
~ Fish Derbies
~ Goose Classic
~ ice Classic
~~ King Saimon Ciassic
~ MerouryClassic
Race Classic
Rain CiasSic.
Salmon Ciassic
Snow Nachine Classic
Speciai Draw Raffle~•
Animai Classic (Rat ftace)
~ Mimal Classic (Chicken)
^ Caicutta.Pool • ~
~ Crene Classic ~
• See Check List
ACTNITIES CONDUCTEO BY ORGANIZATION
Facility Name Physical Atldress Game Type(s) Is Facility
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QOwned
. . ~ QLeased .. .
Q~onated
MANAGER OF~GAMES. As defined in 15 AAC 160.995 antl 75 AAC 160.365. Qf you have requestetl selfdirected pertniis for bingo or
~UII-t3b5 abova. vou must aoooint a manaoer and r.mm~lefw Ihw infnrmatinn noew, ~ '~
Managefs First Name M.i. Managels Last Name Social Secunty Number Daylime TeiepMne Number .
Home Mailing Address . . . . ~ City . ~ ~ State Lp Code _
Has the Manager of Games faken and passed the tesl4 ^Ves ^No Permit number under which the test was taken:
ACTIVITIES CONDUCTED BY VENDOR. (Puil-tahs are the nnlv nwmc.c a ~a~n~r'r o r.~n~w i ve~d.,..<~~~~,~n..~ ~,.e r,.,,~~~ ne ~x~,.ee,r
Name of Vendo~ physical Address ~
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AGTIVITIES GONOUCTEO BY OPERATOR
Name of Operatw Physicai Address Game Type(s) Operatofs Lic. No.
AC7NITIESCONDUC7EOBYMULTIPIE-BENEFICIARYPERMITTEE ~ ~~~' -~` ~ ~~ ~~ ~~ ~- ~~~~-~~ ~ ~ ~
Name of MBP Physical Address Game Type(s} WPB Pem~it No.
~EOIGA710N OF NET PROCEE~S. The organization must use the net procgeds hom gaming acfivilies for political, etluca6onai, civic, publiq
charitable. pakiotie w 2ligious uses in Naska. (See siatules antl regulatians for specific rules.) In Me space provide4 tell how yvur
... . organization will use the net proceeds fmm gaming adivities ~ (Be speci(c:) -.-.. .- .. ... .. . _ . _.. _ _ . . .. _ .. _ . . ...
. . ~-~bV uU~t e:.rS"~' - .... _ . cuMM..;.ti~ ~as..t-w.~. ~,wr .
._.EB~..e..~l~On~\ Pow~c.~CS TaC °Jo~.oO~s (~'~'~-cr C'tw~.~c.~J~~-~rc.nu,.,..~Ew.-
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Board of Directors • ~
~~~~ ~~-~(.i~'" 1 , `
Alaska Peninsu~a ~anuary 20, 20~6 % ./'~ [~
Johnny Liod ~ ~ ~ 4~
Boris Kosbruk Dear Pubfic and Tribal Officials, \
Chuck McCallum ~,..~~~ ~
~ 3
Kenai Peninsula This is a reminder notice to commu 'ties th~'t~M . yet passed our resolution
A°a" ee'S"'e"9e`, asking the State of Alaska and Unite s Justice Department to reopen the
Treasurer
Tim Robertson 1991 civii settlement based on unanticipated injury to wildlife and habitat from
Angie Newby Exxon's oil spill.
Kodiak Island ~
Jerome Selby, Chair Our resolution was passed by Kodiak Island Borough, the City of Kodiak, the
Sven Haakanson Ci of Cordova, and the Alaska Munici al Lea ue. Our board resident, Jerome
Dana Reid ~ P 9 P
Selby, was recently contacted by the Attorney General's office and asked to
Prince ~llfam Sound rovide a list of restoration ro ects that would benefrt Kodiak and which fall
dohn oevens p P I
Riki Ott, Vrce Chair within the settlement guidelines. We believe this interest by the State is a direct
Martha Vlasoff result of Kodiak City and Borough passing our resolution.
At-Large:
Bruce Gabrys We have refined our original resolution to focus more directly on unanticipated
R~~~~~Hall
3N,,, injury (the legal trigger for the reopener), and to simply request that the
govemments reopen the settlement before the June 2, 2006, deadline. The
revised resolution is attached.
Advisors & Staff We urge your councils to adopt this revised resolution as soon as possible. The
ORA Foundation believes that the oiled communities need to have a voice in
w~~~~a Ane~, holding E~ocon accountable for unanticipated injury-and in deciding what
DevelopmentOiiector restoration projects would benefit our injured species, and indirectly, our local
Patience Andersen economies.
Faulkner, Administrator
nn~~r,eie o5bo~me, Piease contact the ORA Foundation or our board members directly for more
Lead Caunsel information, if needed. Thank you for your consideration.
Davis Wright Tremaine
C
Matt Jamin, Advisror ~
Jamin Ebeil Schmitt &
Mason
I~1C2~2Iy
~ n
.
Mills/Conkiin Group, , ~~~~
.
Ili
~ ~~ ~~ --
~••~
Financial Advisors ~
Merrili Lynch I~ inia Allen ~
Development Director
Oiled Regions of Alaska (ORA) Foundation is a non-profit estab(ished by local Alaskans.
P.O. Box 242066, Anchorage, AK 99524-2066 Tel: (907) 486-4833, Jerome Selby, Chair.
CC:
In Prince William Sound
City of Valdez
City of Whittier
Chenega IRA Councii
Traditionai Village of Eyak
Native Viilage of Tatitlek
In the Kenai Peninsula
Kenai Peninsula Borough
City of Homer
City of Kachemak
City of Seward
City ofi Kenai
City of Soldotna
City of Seidovia
Seldovia Viliage Tribe, c/o Seidovia Native Association
Port Graham Village Council
Nanwalek IRA Council
In Kodiak
Native Viliage of Afognak
City of Akhoik
City of Old Harbor
City of ~arsen Bay
City of Ouzinkie
City of Port Lions
Native Village of Karfuk
in the Alaska Peninsula
City of Chignik
Chignik Lake Traditional Village Council
Chignik Lage~n
Ivanoff Bay Village Council
Native Village of Perryville
GOVERNING BODY, ALASKA
(for example City of Cordova)
RESOLUTION XX-XX-05
A RESOLUTION OF SUPPORT BY TNE GOVERNING BODY OF THE CITY OF
CITY(for exampie, City Council Of The City Of Cordova), ALASKA, TO REOPEN THE
1991 CIVi~ SETTLEMENT FROM THE EXXON VALDEZ SPILL AND CLAIM THE
FULL $100 MILLION FOR RESTORATION OF NATURAL RESOURCES SUFFERING
UNANTICIPATED INJURY
WHEREAS, on October 9, 1991, the U.S. District Court for the Dist~ict of Alaska
approved a settiement among E~ocon, the United States, and the State of Alaska for
injuries to natural resources from the Exxon Valdez Oii Spill (EVOS); and
WHEREAS, this settlement includes a clause entitled the "Reopener for Unknown
Injury," which provides that, between September 1, 2002, and September 1, 2006,
Exxon shail pay to the Governments such additional sums as are required (up to $100
million) to restore injured populations, habitats, or species if the injury could not
reasonabiy have been known nor anticipated at the time of the settiement; and
WHEREAS, long-term injuries were unanticipated at the time of the settlement because
the understanding of oil persistence and toxicity held that oii only caused short-term
injury at water levets of parts per million, and scientists now realize that oil also causes
long-te~rn injury at water levels of parts per billio~ and trillion; and
WHEREAS, only 7 of the 30 resources or species listed by the EVOS Trustee
Council as injured by the EVOS have recovered; and
WHEREAS, 18 of the 30 resources or species listed by the EVOS Trustee
Council as injured by the EVOS have not recovered, including
• Common Loons
• Harbar Seais
• Pacific Herring
• Cormorants (3 spp.)
• Harlequin Ducks
• Pigeon Guillemots
• Clams
• Intertidai Communities
• Marbled Murrelets
+ Sea Otters
• Designated Wilderness
• Killer Whales (AB Pod)
• Mussels
• Sediments
• Recreation and Tourism
• Passive Uses
• Commercial Fishing
• Subsistence; and
WHEREAS, the status of the remaining 5 of the 30 resources or species listed by
the EVOS Trustee Council as injured by the EV05 is unknown; and
WHEREAS, unanticipated injury from the EV05 has been documented by scientists
funded through the EVOS Trustee Council and, separately, through federal and state
agencies, universities, and private foundations; and
WHEREAS, much of the unanticipated injury stems from unexpectedly high levels of
lingering oil, which remains buried in the intertidal zone and which NOAA scientists now
estimate will take at least another 20 years to naturally degrade; and
WHEREAS, neither the United States nor the State of Alaska have acted to reopen the
settlement.
NOW, THEREFORE, BE IT RESOLVED that the GOVERNING BODY OF THE CITY
OF CITY, Alaska (for example, City Council of the City of Cordova, Alaska), hereby
requests that the United States and the State of Alaska reopen the 1991 civil
settlement and claim the entire $100 miliion to restore populations, habitats, or
species that suffered significant losses or declines as a resuit of the spiit and that
suffer injuries that couid not reasonably have been known or anticipated at the time
of the settiement.
PASSED AND APPROVED THIS XXX DAY OF XXX, 2006.
;~x-
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The Soldotna Chamber has compiled a list of available accomodations for the week
during AWG. Ca11 262-98 1 4 and we would be happy co add you to the availabiliry.
www awg2006.org ~
~ WlM1T(k } ~
~~~~~~~ ,:~~''=; 2006 ARCTIC WINTER GA1NE
Y<<,; F ,' RELEASE THE SPIRfT WITHlN~~
.~
,f~~4,~,,. ~
~
Kenai Peninstila - Venues located in;
Kenai, Soldotna, Homer, ~
Seward & Girdwood March 5-11, 2006
2700 Volunteers 1900 Athletes & Coaches
Alpine Skiing, Basketball, Biathlon (ski), Cross Country Skiing, Dog Mushing, Flgure
Skating, Hockey, Snowshoeing, Speed Skating, Volieyball, Inuit Sports, Badminton,
Curling, Dene Games, Gymnastics. Snowboarding, Soccer, Table Tennis, Wresding
~. . .;.. ~ ~ ~ ~ ~~ -'~>x . ~, :,
Alaska, Greenland, Northern Alberta, Northern Quebec,Northwest
.,.~ '~ ~. `~. ~~Wa~-- - =~~p~ ~~ a„~.. ~~.: ,~ .~-„eg~. .: ~~'~. $m~..~ 4",:x~"~y'°' "
~. ~:Territories, Nunavut, Russia;~Saami, Yukon Territones
. . . ~ .. . . . :.:..`wfauw. ~ . .
06:45 PM tlraic ~nter Games O~ening Ceremony Soldotna Fnd Tickets Sun, 03/OS/06
10:00 AM Arctic Winter Games - Sgprts Premium Pass Find Tickets Mon, 03/06/06
10:00 AM Arccic Winter Games -'Soorts Super Pass Find Tickets Mon, 03/06106 ~"'
~ ~
07:00 PM Arccic ~nter Crames Cultural Performance Kenai ~nd Tickecs Mon~,O~/06/06
07:00 PM Araic ~ncer Games Culrural Performance Homer Find Tickets Tues,~3/07/06
01:00 PM Arctic ~nrer Games Cultural PerEotmance Soldoma ~nd'I ickets Wecl, 03/08/OG
07:00 PM Araic ~nter Games Culrural Performance Seward Find Tickets Thurs.,'03/9/06
07:00 PM Arctic ~nter Games Culrural Performance KPnai Find Tickezs Fri, 03l10/06
07:00 PM Acaic Winter Games Closing Ceremony - Soldoena Find Tickets Sat, 03111 /06
. t " .i , ..: [ ..r :- .1%~ -~...
>.
I . .. .. _
-~aK . .e, „u.v;t L.~y . a ; . . .. . . - , _ _ _- - _
Evy Gebhardt-PresitleN
?enin:ula Qanon 283-7551
Sommie Cole-Past Presidenf
Southcemral itle 262-4494
Tim Pope
Natron Air 262-8440
[IZa Roberh
Key Bank 714-4284
Norm Biokeley
Alaska Trading & loan 262-6100
Biil GlHord
Commotlore's Guide Serv. 283-7551
Alice Paulson
Soltlotno fnn/MYKELS 262-4305
Ryan Kopp
'edwartl Jones 262-9008
SI Zimmerman
KP Hatley Da~itlson 262-9777
Ken Lancas}er
LancaslerEnterpnses260-6727
Dan Mortenson
4D Corpet.One 262-91 Bt
Mamie Nelson
nlaska Legenos Adventure Resort
zsas3za
Jim Stogsdill
Soldotna Cify Councii
262-5622
CHAMBER & VISITOR
CENTER STAFF
E~ecutive Director - Michelle Gloves
d~recto r~soldotnachambeccom
Member Services - cnca Wiliiamson
eocaCsoldotnachamber.com
Pro~ecf Coordinafor - Robyn SuNens
rabyn@soidofiachambeccom
Yoita Ce~er Coordinator - SyNa Reid
info@sold otnac hambecwm
RIVER CITY PULLTAB
STORE `
Sfae Manager - Rebecca Hanson
Phone 907-260-6100
• • a
~'~~~
~~790 steding Hwy Soldomt Naska 99669
Phaoe90Y762-9811Fu 907-262d556
wwwsolcMmac6am6¢.rom
2006 ~C'L~~ 1 A
~~~,~~A~` C T~ON GLTIDE~ ,
~~~ Are Here ~
3 ~~~ .
(~oL~~ a~ Better Than Ever!
e7 ~°°`' ~~ Ifyou would like to haveguides to hand
`~ out at your place of business, take with
~ ;^.
4-` " you on a trip outside, or send to family,
~ pledse feel free to stop by the Chamber
and pick up as mdny as you like orgo
online ta www.soldotnachamber.com
and request a free guide for your visitors.~
VISITOR CENTER UPDATE
Did you know that every time a visitor cails,
emaiis or writes to us with questions about Sol-
dotna we mail them our Guide to Soidotna? Last
year we mailed out o ""'" '
result of direct inquire.
relocation packets to pE
tive Soidotna resi-
dents.
Our inquiry num-
bers for 2006 are al-
ready looking promis
ing. in Januarywe hav
mailed outover 2,500 r~
quests for information ~
visiting Soidotna.
Our subscription sen
emaii inquiries is also go- ing great, for-
warded over 1500 emails reauestina additional
information from our membership Iast year.
Don't forget that we keep track of where o1ac,
inquiries are coming from, these numbersi
hA ~ ~~=~t heip w~th your r~~,, ,~i
ing. if you are tryi~g
decide where to spend
wr advertising doilars
iis year, stop by the of-
ice and ask to see our
statistics.
We look forward to
working with aii of
~ou over the ~ext year.
ry comments, sugges-
lo say "Hi" please give
..~ ~ ~...,. ..Y. ..a love visiting with our
members!
iit~'Lucking and his wife had agaby boy on Jan. 19th
che name is ?????? TBA
`~line Coligan has sold Capt Bligh's Lodge & Guide
eo Sceve Uorh who is new co our area.
~onoma Florist is now under new ownership and a new
name. Now called Sedona Florist owned and operated
Mike & T'isha Pacterson.
Cold Stone Creamery will be open in Soldocna this Ma~
Vlalfunction Junction has moved to Sterling and is now
OPEN T DAYS A WEEK
~ ~ ~ 'MINISTORAGE -=
~ ~ PACKAGMG STORE ~~
' 14 FT. MOVING VAN .,,
~zaR ~v'~.aK tHa.
~ . ,. .~~,,,~
° Manager 8 Olfice On Sitef , ~•~~'• Senia Discaunls
° Well Lighted Units ~ a r.$~~°~ile Storage Cabinet
.. ..,.. .. , . ..-,..:s_i
~._
• 20-40ft. CoMainer Sales '"°°` ° 20 & 40 ft. Connez Containers on
• Penmeter Fence & Electronic Gate Wifh 8~ Off Site
Keypad Coded Access • Opeo Storage for RV's Boats,
• ~deo Surveilia~ce Motor Homes
~R 90? 262-4771 a~~:
NIN 79.5 K~each RA. • Sofdolm •~'~lbstamlokinaeom •~~_ jp~~pmbk~acsalak~.ne
~..:.:.... ~
I .,~;~,y ot Kena~ . . .
~ ~~~r i • ; c ~ E~ ~i n :' ~ .~SyorPatPorter PRSRTSTD~
~.~ p~,Q3,go AvE~ U.S. POSTAGE
' f ~ ~ ~ t ~ ~~:enai, AK 99611 Pt~ID
SOLDOTNA,AK
PE.RMIT NO. 5
f~e r~ ~,~..~~.
i
I
.~~ . ._ca AF!^n.__ ~ . ~_ . - .
r
e ~~,y
~ ~ ar efinq pporfun~f~es ~~~~, .,~ ~~
~
z ' x _~lS~g ~.a,.~`.~ ~.
k d' [ '
~'` .
~ _ _ _ . *'~' " s~x .
ADVERTISE WITHIN THE MONTHLY NEWSLETTER:
..... ..... : . . $25
Business Card Size "~ " ix ~
Pull Page inserf-0nce a year is FREE f~' ~°`~~'~ '~
_ ....-:. "` `~-~ " ~":~530
Additional Inserfs ••••••~ " ••••
~~ OR come in and assist with inserting the neweletter ~'
~.. aad receive your inserts at no charge. ~ ~---~
Eili rates are for one camera-ready advertiaement for one issue of the
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~ of the month preceding pubGcation. Send your artwork to
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AGENDA
C\\~NAI CITY COUNCIL- REGULAR MEETING
FEBRUARY15,2006
~' 7:00 P.M.
'/ KENAi CITY COUNCIL CHAMBERS
x~xiu.nirs¢a hito:J/www.ci.kenal.ak.us
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ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
~TEM E: PUB~IC HEARINGS
1. Ordinance No. 2139-2006 -- Amending KMC 1.1o.040 to Change the
Time of Regulariy Scheduled Council Meetings From 7:00 P.M. to a
Time Set by Resolution of the City Council.
2. 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.
3. Ordinance No. 2141-2006 -- Amending KMC 17.05.080 and'IZ15.080
by Adding Sections Thai Provide for City Water and Sewer Charges
Which are Due and Unpaid to Become Liens Against the Property
Served.
4. Ordinance No. 2142-2006 -- Amending KMC 14.20,290 to Clarify
Which Issues May Be Appeaied to the Board of Adjustment and Setting
Forth Ruies Regarding Who Has Standing to Bnng Appeals.
5. Ordinance No. 2143-2006 -- Amending the Officiai Kenai Zoning Map
by Rezoning Tract A-1 B, Petersen Subdivision No. 3, From Being Spiit-
Zoned Conservation (C) and Townsite Historic (TSH) to Townsite
Historic (TSH) Only.
6. 60rdinance 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
Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
7. Ordinance No. 2145-2006 -- Amending the O~cial Kenai Zoning Map
by Rezoning 40.85 Acres Located Along the Kenai Spur Highway at
About Mile 6 From Rural Residential (RR) and Generai Commerciai
(CG) to Limited Commercia~ (LCj.
a. Substitute Ordinance No. 2145-2006 -- Amending the Official
Kenai Zoning Map by Rezoning 53.85 Acres Located Along the
Kenai Spur Highway at About Mile 6 from Rural Residential (RR)
and General Commercial (CG) to Limited Commercial (LC).
8. Resolution No. 2006-05 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
9. Resoiution No. 2006-06 -- Awarding a Professional Services Contract
for Airport Security Guard Services at the Kenai Municipal Airport to
Kenai Security Services, Inc. for the Period March 1, 2006 Through
February 28, 2009.
90. *2006 Liquor ~icense Renewals --
a. Fraternal Order of Eagles #3525 -- Club
b. Corey, inc., d/b/a Upper Deck -- Beverage Dispensary/Tourism
c. Jennifer Lee, d/b/a New Peking Chinese Restaurant --
RestauranUEating Piace.
d. Kenai Landing, Inc. d/b/a Kenai Landing -- Beverage
Dispensary/Tourism -- Seasonal.
e. Chadotte's, Inc., d/b/a Charlotte's -- RestaurantlEating Piace -
Public Comenience.
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
1. Bilis to be Ratifed
2. Approvalof Purchase Orders Exceeding ~15,000
3. "Ordinance No. 2146-2006 -- Enacting KMC 13.10.070 Entitled,
"Commercial Bui~ding and Property Maintenance."
4. *Ordinance No. 2~47-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the Generai Fund for an Alaska Highway
Safety Grant to Reimburse the Police Department Overtime Account.
5. *Ordinance No. 2148•2006 -- Repealing the Existing Landscaping/Site
Plan Regulations at KMC 14.25 and 1420.115(i) and Replacing It with
a New KMC 14.25 (Landscaping/Site Plan Regulations).
6. *Ordinance No. 2149-2006 -- Amending KMC 21.10.040 by Ailowing
Lease Appiications to be Extended for Six (6) Additional Months for
Good Cause and Providing That Lease Application Appraisals are
Good for Twelve (12) Months.
7. Approval -- Lease Application -- Mark E. Lockwood, d/b/a Kenai Self-
Storage/Tract B, Gusty Subdivision No. 2.
~~. 8. Approval -- Amendment to Special Use Permit - Kenai Central High
~ School Hockey 8ooster Club/Dasher Board Advertisements and ice
Logos -- Multipurpose Facility.
~~.. 9. Approvai -- Kenai Municipai Park Site improvement Plan
'~i 10. Approval -- Parks & Recreation Commission ~etter to Senator
~~~ WagonedSection 36 Street Light Request.
' 11. Discussion -- EvenUConference Center
EXECUTIVE SESSION -- None Scheduled.
ITEM N: ADJOURNMENT
TESTIMONY ~IGN-IPi SHEET
NAME" ORGANIZATION ADDRESS/PHONE NUMBER :
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