HomeMy WebLinkAbout2006-03-01 Council PacketMAKE 29 PACKETS
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I COUNCIL MEETING DATE: ~/i~p(r,
Ma or/Council Attorne "°~. Ta lor/5 rin er/Kebschull
Clerk "`'~~ Cit Mana er ~,., Public Works '~,
Police De arttnent °~, Finance '`°~, En ineer `°~
Senior Center ~""~, Air ort °~ Kim ~,
Librar 'v, Parks & Recreation ``~, Clarion
Fire De artment "'~q Schmidt "~ Mellish
Student Re . KSRM
/~~ ~l Brenckle
AGENDA DISTRIBUTION
Sewer Treatment Plant Streets
Sho Dock
Buildin Maintenance Animal Control
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DELIVER
Council and Student Representntive Packets to Police Department Dispatch desk.
The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my
office. The portion of the agenda published by the Clnrion should be emcriled ns
soon as possible after Noon on packet day. The camera-ready agendn
c:/myfiles/documents/minutes/ngenda form for paper) is emailed to Denise at
Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in
Contacts or Ibell@ncsalaska.net). Home Page documents (ngenda, resolutions,
ordinances for public hearing, and ordinances for introduction) are usually emqiBed
to me and I hold them in my HTML file. Place them onto the city's website from
there as soon as possible before leaving the affice for the weekend.
AGEND.ai
KENAI CITY COUNCIL - REGULAR MEETING
MARCH 1, 2006
7:00 P.M.
KENAI CITY 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 tkae 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 wili be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Eric Wilcox -- McCollum/Aliak Drive Proposed Local Improvement
District
2. Larry Lewis, Alaska Fish Sa Gaxne -- WIldlife Conservation Community
Program Update
ITEM C: UNSCHEDULED PUBLYC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
1. Ordinaace No. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080
by Adding Sections That Provide for City Water and Sewer Charges
Which aze Due and Unpaid to Become Liens Against the Property Served.
(Clerk's Note: A motion to adopt Ordinance No. 2141-2006 was made prior
to the ordinance being postponed to this meeting.J
2. Ordiaaace No. 2146-2006 -- Enacting KMC 13.10.070 Entitled,
"Commercial Building and Property Maintenance."
3. Ordinance No. 2147-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the General F~xnd for an Alaska Highway
Safety Grant to Reunburse the Police Department Overtime Account.
4. Ordsnance No. 2148-2006 -- Repealing the Existing Landscaping/Site
P4an Regulations at KMC 14.25 and 14.20.115(i) and Replacing It with a
New KMC 14.25 (Landscaping/Site Plan Regulations).
5. Ordiaance No. 2149-2006 -- Amending KMC 21.10.040 by Allowing
Lease Applications to be Eatended for Suc (6) Additional Months for Good
Cause and Providing That Lease Application Appraisals are Good for
'I~velve (12) Months,
(Clerk's Note: Ordinance No. 2149-2006 has been introduced. A motion to
adopt is needed and if the intention is to consider the substitute, then a
motion to substitute is needed.)
a. Substitnte Ordiaance No. 2149-2006 -- Amending KMC
21.10.040 by Providing That Lease Applications Shall Expire After
One Year and May Be Extended for Six (6) Additional Months for
Good Cause and Providing That Lease Application Appraisals aze
Good for Twelve (12) Months.
6. Resolutiou No. 2006-07 -- Transferring $8,306 in the General blznd
Clexk Depaztment From Pxofessional Services to Salaries and Benefits.
7. Resolutioa Na. 2006-08 -- Awarding a Lease for'I~vo Fish Seasons (May
15, 2006 to September 30, 2007) of Kenai Dock Station No. 2 to Copper
River Seafoods for the Seasonal Base Bid of $35,621 Pius $0.03/Lb. Over
1,187,367 Lbs. Plus $500 Per Month for Boat Storage Area No. 2.
8. Resolutioa No. 2006-09 -- Approving a Contract to Foster Construction,
Inc. for the Project Entitled Kenai Soccer Park Clearing - 2006 for the
Total.Amount of $184,600.
9. *Liquor Lfcease Renewal -- Kenai Golf Course
ITEM F• MINUTES
*Regular Meeting of Fetaruary 15, 2006.
ITEM G:
ITEM H• NEW BUSYNESS
1. Bills to be Ratified
2. Approvai of Purchase Orders Exceeding $15,000
3. *Ordiaance No. 2150-2006 -- Increasing Estimated Revenues and
Appropriations by $20,000 in the Airport Land System Special Revenue
F~.tnd and the Runway Safety Area Improvements Capital Project Fund.
4. *Ordinance No. 2151-2006 -- Increasing Estimated Revenues and
Appropriations by $2,850 in the General Fund for Art Acquisition.
5. *Ord'anance Na. 2152-2006 -- Amending Land Use Table KMC
14.22.010 to Remove Footnote 10 From the Land Use Category of
"Churches" in the Central Coxnmerciai (CC) and General Commercial
(CG) Zones in the Land Use Table and Changing "Churches" From a
Conditional Use to a Frincipal Permitted Use in the Light Industrial Zone
(IL).
6. Discussion -- Community Dividend Program Bills
7. Discussion -- Scheduling Budget Work Session(s)
YTEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Cominission
3. Hazbor Coinmission
4. Library Commission
5. Pazks 8c Recreation Commission
6. Planning & Zoning Commission
7. Miscelianeous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM J: REPORT OF THE MAYOR
ITEM K:
i. City Manager
2. Attorney
3. City Clerk
ITEM L:
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION - None Scheduled
ITEM M•
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TESTEMONY SYGN-IN SHEET
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Memo ~---- ~~.. _
FEB 2 I 2[~~
To: Kenai City Council Members ~
From: Eric and Susan Wiicox ' r~ _' „`;'' Y~~=~' _J
RE: LID Paving Project for McCoilum/Aliak Drive
Please consider this memo our formal request to consider "grandfathering" the
LID Paving Project for McCollum/Aliak Drive at the 75/25 split.
Since we began this project in the fall of 2002, we have had several set backs.
To recap the timeline of events, I will provide a brief overview.
1. The petition to pave to McCollum/Aliak Drive was filed in October 2002.
2. Resolution 2003-11 was passed in April 2003, to pave McColium/Aliak.
3. Legislative funds were not received for 2003, so the project was placed on
hold June 2003.
4. August 2005, constituents were notified that monies were going to be
available and that another petition was going to be needed, with
instructions stated by the City Manager, per the notes of the meeting to
petition constituents with the 75/25 split. Prior to the City Managers
instructions being stated, there was discussion regarding "grandfathering"
in this project. It was the understanding of the Wilcox's, that this would
be the action taken. The Wiicox's agreed to re-petition the constituents
with the 75/25 split, as some properly owners had changed.
5. October 2005, the new petition was filed.
6. January 11, 2006, constituents were advised by letter of the ne~ meeting
regarding the paving project. In the back-up documentation, it was noted
that there was a suggested 50/50 split.
7. February l, 2006, Resolution 2006-04 noted the proposed 50/50 split.
The resolution was tabled until an administrative/planning session with all
the constituents involved could be conducted. This planning session
would be held so that the affect property owners could come to an
agreement regarding which cost option to use.
8. On February 16, 2006, a meeting was held with the Mayor, City Attorney,
and Keith Kornelius to discuss our concern over the mis-representation to
the constituents. We felt the 75/25 split should be used, as this was the
direction that the City Manager stated should be re-petitioned to the
affected constituents.
9. At that meeting, it was suggested that this information be petitioned to
the City Council and request this project to be "grandfathered" in at the
75/25 split.
Thank you for your time and consideration with thisrequest.
Caroi Freas
> Page 1 of I
From: Eric & Susan Wiicox [eswiicox@gci.net)
Sent: Saturday, February 18, 2006 12:52 PM
To: Caroi Freas
Subject: Memo - Council Packet Info
Carol,
As we discussed, here is the memo we wouid like i~duded into the Council Packet for March 1. Thank you for your
help, it is greatly appreciated.
Regards,
Sue Wilcox
~~
WILDLIFE CONSERi/ATION COMMUNITY PROGRAM UPDATE
Larry Lewis from the Alaska Department of Fish and Game would like
to update City Council members on the cooperative effort to
impiement a Wildlife Conservation Community Program (WCCP)
within the city of Kenai by May 2006. Topics he will cover include:
• Grant money received
• Equipment ordered
• Possible new funding sources
• Highway signage
• Target neighborhoods
• May kick-off
E-I
Suggested by: City Attorney
CITY OF KENAI
ORDINAINCE NO. 2141-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 17.05.080 AND 17.15.080 BY ADDING SECTIONS PROVIDING THAT CITY
WATER AND SEWER CHARGES WHICH ARE OVERDUE AND UNPAID SHALL
BECOME LIENS AGAINST THE PROPERTY SERVED.
WHEREAS, currently overdue water and sewer charges plus penalty and interest owed
the City of Kenai aze 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 chazges to run with the land by making unpaid and overdue
utility charges be a lien on the property would increase coilection rates and lesser the
burden on the paying water and sewer customers; and,
WHEREAS, two other cities on the Kenai Peninsuia (Seward 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:
KbIC 1'7.OS.080(b) I~
Overdue and unpaid water and sewer utility chazges, plus any penalty or
interest owin , shall become a lien against the property served~
~ ina e to only mumcip , =-+ _
I{A2C 17.15.080(b) II.
Overdue and unpaid water and sewer utility charges, plus any penalty or
interest owing, shall become a lien against the property servec~
mc'
lieris:
Ordinance No.2141-2006
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
February, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: February 1, 2006
Adopted: February 15, 2006
Effective: March 15, 2006
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KENA~ SKp
"V ~lla~e wit~t a Past, Gc°t~ wit~r a Futcsre"
210 Fidalgo Avenue, Kenai, Alaska 99611-77g4
Telephone: (907) 283-7535 / Fax: (907) 283_3014
www.ci.kenai.ak.us
MEMORANDUM
TO: Mayor Porter and Councilors
FROM:CI~-~ Cary R. Graves, City Attorney
DATE: February 23, 2006
RE: Priority of Water a~d Sewer Liens
Ordinance No. 2141-2006 would create a lien for unpaid water and sewer bills owed on propecty
serviced by the City's water and sewer system. The ordinance is similar to ordinances in effect
in Seward and Soldotna. Councilor Molloy asked if the provision in the ordinance providing that
the lien "would be subordinate to only municipal tax and assessment (iens" might violate Alaska
law by creating a"super-priority" lien. The tecm "super-priority" is a term to describe a tien that
essentially trumps earlier liens such a bank mortgages.
In Kenai Peninsula Borough v. Associated Crocers, 889 P.2d 604 (Alaska 1995), a business in
financial trouble did not pay all the sales tax due [o the Kenai Peninsula Borough. A lender
foreclosed on Che assets and operated the store as a successor in interest. The Borough sued the
lender for thc unpaid sales tax under a Borough ordinance providing for liability for unpaid sa(es
taxes for a successor in interest (i.e. successor liability).
The Borough ordinance did not create a lien as Ordinance 2141-2006 would do. It created
successor liability for unpaid sales tax. However, iC did restrict the rights of an existing lien
holder by providing for successor liability. The issues are similar because a super-priority lien
wouid also restrict the rights of existing lien holders, so the Associated Grocers case is relevant.
Relying on AS 29.35.41Q the Alaska Supreme Court struck down the successor liability in the
Borough ordinance.
The statute relied on by the Alaska Supreme Court in Associated Crocers to strike down the
successor liability in the Sorough ordinance (AS 29.35.410) is not applicable to home rule
munieipalities as a limitation on their legislaCive authority. See AS 29.10.200 and cf. Fairbanks
North Star Borough v. Howard, 608 P.2d 32 n.2 (Alaska 1980)(Noting that the former AS
29.53.415(a) applying to general law municipalities did not necessarily restrict the authority of
home rule municipalities). It could, therefore, be argued that the holding in Associated Grocers
is not applicable to a home rule city such as Kenai.
Mayor Porter and Councilors
February 23, 2006
Page 2 of 2
Kenai is a home rule municipali[y, whereas. Chc Kenai Peninsula Borough is classified as a
general law municipality. Home rule municipalities have more legislative authority Chan general
law municipaliCies. Article X, Section 11 of the Alaska Constitution states, "A home rule
borough or city may exercise all legislative powers not prohibited by law or by chazter." Home
rute powers are intended to be broadly interpreted. Jefferson v. State, 527 P.2d 37, 42-43 (1974).
The courts in other jurisdictions have reaehed conflicting conclusions about the validiCy of
municipal super-priority liens for water and sewer services. Some courts have allowed such
liens to have a super-priority. See Home Ownens' Loan Corp. v. Public Water Works Dist. No.
2, 92 P.2d 745 (Colo. 1939); United States v. Rahar's Inn, Inc. 243 F. Supp. 459 (D. Mass.
1965); Mechanics Sav. Bank v. Kennedy, 12 NE 2d 852 (Mass. 1938). Other courts have not
allowed a super-priority. See Home Owner's Loan Corp. v. Tyson, 12 NE 2d 478 (Ohio 1938).
Given the ruling in Assaciated Grocers and the mixed case iaw in other jurisdictions, I believe
there is some question as to whether a municipal water and sewer lien may have super-priority
over other liens. I do not believe the lien needs to have a super-priority to be effective. As a
practical matter, new lenders require water and sewer liens are paid up on the sale of property.
The intent of the ordinance is to improve unpaid water and sewer collections, not foreciose on
property. My advice is to delete the phrases "subordinate to only municipal tax and special
assessment liens" from Ordinance 2141-2006 and sunply avoid the "super-priority" issue.
Let me know if you have questions or need further information.
CRG/sp
F _~
Suggested by: Council
CITY OF KEIdAI
ORDINANCE NO. 2146-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTdNG
KMC 13.10.070 ENTITLED "COMMERCIAL BUILDING AND PROPERTY
MAINTENANCE."
WHEREAS, failure to properiy 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 commerciai 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 for 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:
13.10.070 Building and Property Maiatenance.
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 shall 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
reAect a level of maintenance in confornuty 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 aze 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, ea~terior 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 material 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 shall be maintained free of detenoration, including
but not limited to, broken glass, loose or missing shingles or
siding, crumbling brick, stone and mortaz, and peeling, scaling
or deteriorated paint.
C. Overhanging structures, including canopies, mazquees, signs,
awnings, exterior staiiways, 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-operadve or broken
electrical signs shall be repaired or removed. All obsolete signs
and sign structures shall be removed.
D. Windows may not be boazded 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, replaced 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 similar structures shall be firmly
anchored in the ground and maintained in good structural
repau-. Wooden elements or other elements subject to
deterioration from weathering shall be maintained with
chemicals 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, including public sidewalks, public places
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, garbage waste, rubbish, refuse, junk, and other noxious
or offensive materials or substances that maq 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. Mauitenance 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 restoration of damage areas
and removal of debris; and
2. Contract for or begin the demolition and removal of any pazt of the
premises not to be repaired and restored and for the removai of
Ordinance No. 2146-2006
Page 3 of 3
debris in connection therewith.
d. Penalty. Any person, firm, entity or corporation which shall violate
this section shall upon conviction be punished as provided for
violations of KMC 13.05.010. 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 Mazch,
2006.
PAT PORTER, MAYOR
ATTEST:
Cazol L. Freas, City Clerk
Introduced: February 15, 2006
Adopted: Mazch 1, 2006
Effective: April 1, 2006
j~ "V'fla~e wit~i a Past, Gc°~ wit~i a Future °'
~-~;~ ~`- 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
_- _i-j~ ~.
_ Telephone: (907) 283-7535 ! Fax: (907) 283-3014
` www.ci.kenai.ak.us
\ ttiece~of
KENAI,ALASKA
~
MEMORANDUM
TO: Mayor Porter and Councilors
FROM:C(~~ Cary R. Graves, City Attorney
DATE: Februazy 7, 2006
RE: Commercial Property Maintenance Ordinance
Attached is a commercial property maintenance ordinance. It provides for a separate set of
standards for commercial property maintenance within the City. The administra[ion had
considered relying primarily on the International Property Maintenance Code (KMC 4.10) with
some local amendments, but decided adopting a separate ordinance (KMC 13.10.070) would be
better.
The administration thou~ht it would be easier Co inform the public of the standards by enacting a
separate commercial property maintenance ordinance in the city code (and available on-line)
Ihan referring them to the International Property Maintenance Code that is not readily available
to the pubtic.
Additionai(y, placing a sepazate commercial properCy maintenance ordinance in Title 13 of the
Kenai City Code places enforcement of it squarely within the job description of the City's Code
Enforcement Officer. The administration felt that a separate ordinance with Title 13 would allow
for better enforcement.
The ordinance is scheduled to go to the Planning and Zoning Commission for their meeting of
February 22, 2006 for comments. The counciPs public hearing for thzs ordinance is set for
March l, 2006.
Please let me know if you have any comments.
CRG/sp
Attachment
~~y~~.~
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the uly o f /
KENA~ SKA
"V'fja9e wit~i a Past, Ga~ witl~ a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
Telephone: 907-283-7535 / FAX: 907-283-3014 ~'I~~r
7992
M~~o^
TO: Charles M. Kopp, Acting City Manager
FROM: Marilyn Kebschull, Planning Administrato~
THRU: Jack La Shot, Public Works Manager
DATE: February 23, 2006
SUBJECT: Ordinance No. 2146-2006 - Building & Property Maintenance
The Commission discussed the proposed ordinance at their meeting on February 22"d
Commission Eldridge asked that in section b.1.A. that it should be noted that weather-
resistant sheathing paper (Tyvek) is not protective coating.
ca Cary Graves, City Attorney
E-
Suggested by: Administration
CYTY OF KENAI
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 reunburse
the police depaztment for specific highwaq safety program overtime
expenditures; and,
WHEREAS, the reimbursement is for overtime paid to police officers working
tazgeted 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 Years with an overtime expenditure of
$10,597; and,
WHEREAS, approximately $4,403 in additional reimbursabie highway safety
program overtime e~enditures will occur by June 30, 2006; and,
WHEREAS, the City of Kenai annual motor vehicie 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
KENAI9 ALASKA that estimated revenues and appropriations be increased as
follows:
General F~nd
Increase Estixnated Revenues:
Police - State Grants
Increase Appropriations:
Police - Overtime
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:
Carol L. Freas, City Clerk
Introduced: February 15, 2006
Adopted: March 1, 2006
Effective: Mazch l, 2006
Appsoved by Finance:~
(02/07/2006) hl
t' ~
Suggested by: Planning & Zoning
CITY OF KENAI
ORDINANCE NO. 2148-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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).
WHEREAS, site plans provide for orderly and safe development of the City by
protecting the heaith, 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,
WHEREAS, landscaping plans provide for landscaping and/ or the retention of natural
vegetation in conjunction with commercial and industrial development within the City
of Kenai; and,
WHEREAS, the general purpose of landscaping is to visually enhance the City's
appearance, provide attractive and func6onal sepazation 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 harsnony and scale
with surrounding uses and minimizes unpact on established neighborhoods from
incompatible, non-residential uses, and to ensure adequate landscaping and buffering
between commercial uses and the highway; and,
WHEREAS, 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 existing landscaping/site plan requirements in KMC 14.25 are
outdated and need replacement.
NOW, THEREFORE, 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 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of March,
2006.
PAT PORTER, MAYOR
A1"I'EST:
Cazol L. Freas, City Clerk
Introduced: February I5, 2006
Adopted: March i, 2006
Effective: April 1, 2006
Chapter 14.25
LANDSCAPING/SITE PLAN REGULATIONS
14.25.010 Intent.
(a) Site Plans. It is Che ineent of this chapCer to provide for orderly and safe development of
the City commensurate with protecting the health, safety and welfare of its citizens, and adequa[e
and convenient open spaces, light and air, in order to avoid congestion of commercial and
industrial areas.
(b) Landscaping Ptans. It is the intent of this chapter to provide for landscaping and/or the
retention of natural vegetation in eonjunction wiCh commercial and industrial devetopment
within the City 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 storrn runoff.
14.25.015 Landscaping/site plan.
SubmitCai of a preliminary iandscaping/site plan and approvat by the Administrative
Official is required prior to any land cleacing and/or tree eutting.
14.25.020 Application
This chapter shall apply to ail commercial and industrial development within the City of
Kenai and shall apply to both the landscaping and site plans. "Commercial and indus[rial
development" and "all deve(opment° shall 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 footage, located on properties within the Central Commercial (CC), General
Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH),
Light Industrial (IL) and Education (ED) zoning districts or a change of use as required in KMC
14.20.250 (a). It is unlawful for any person to construct, erect or maintain any structure,
building, fence or improvement, including landscaping, parking and other facilities on property
requiring a landscape/site plan unless such improvements are constructed or reconstructed in a
manner consistent with the approved plan.
Properties zoned residential are exempt from Chis chapter with the following excepCions:
l. Structures identified as a commercial occupancy in Title 4 of the Kenai Municipal
Code located in residential zones requiring a building permit for new construction or
any improvements of twenty thousand dollars ($20,000) or more, which adds squaze
footage or a change of use as required in KMC 14.20.250 (a).
2. No owner, occupant, or other person may remove overburden or natural low-growing
vege[ated 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 vegetated ground coverage and must be
completed within two years.
Ordinance No. 2148-2006 Attachment A
Page I of 4
14.25.030 Landscaping/site plan-Submittal requirements.
One copy of the Iandscapinglsite plan (eleven inches (11") by fourteen inches (14") size)
shall be submitted for approval to the Administrative Official prior to the issuance of a building
permit. If approved, a zoning permit shall be issued and on file in the Planning DepartmenC and
the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum
scale of one inch (1") equals twenty feet (20') and shall 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 ali planting areas and relationship to buildings, parking areas and
driveways;
(d) Identification and location of existing vegetation to be retained;
(e) Identification and location of non-living landscaping materials to be used;
(~ Identification of on-site snow sCOrage azeas;
(g) Drainage pattems;
(h) Description of buildings, including building height and ground floor dirnensions;
(i) Physical features of the property including 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 criteria.
(a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variery
of techniques for achieving the intent of this section. The appropriate placement or retention of
vegetation in sufficient amount will provide the best resuits. Perimeter, interior, street right-of-
way, and parking lot landscaping should be included as components of the overall landscaping
plan.
(b) PeruneterBuffer Landscaping. Peruneter/buffer landscaping involves the land azeas
adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate
and minimize the impact between adjacent uses. Buffer landscaping znay be desirable along the
perimeter of the property to shield vehicular or building lights from adjacent structures and to
provide a visual separation between pedestrians and vehicles. Landscaping adjacent to
residential zones shall have tandscaping beds that meet all of the following minimum standazds:
1. Landseaping beds - Minlmum of 10 feet in width along all property lines, 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 yeazs 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) Interior Landscaping involves those azeas of the property exclusive of the perimeter and
pazking lot areas. Interior landscaping is desirable to sepazate uses or activities within the overall
development. Screening or visual enhancement landscaping is recommended to accent or
cocnplement buildings, to identify and highlight entrances to the site, and to provide for aztractive
Ordinance No. 2148-2006 Attachment A
Page 2 of 4
driveways and streets within Che site. Landscaping may include landscaping beds, trees, and
shrubs.
(d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or
within all parking loCS and associated access drives. Parking tot 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 circulation pattems.
(e) 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 properties are adjacent to State of Alaska rights-of-
way, the Administrative Officer may approve alternatives, which meet the intent of this section
but protect landscaping from winter maintenance damage.
l. Landscaping beds - Minimum of 10 feet in width alon~ the entire length of the
property lines which adjoin street rights-of-way, exclusive of driveways and other
ingress and egress openings;
2. Ground cover - 100 percent ground 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 included in the landscaping
beds.
(fl Review. The Administrative Official may consider plans for amendments if problems
arise in carrying out the landscaping/site plan as originally approved.
14.25.045 Site plan-Performance criteria.
(a) Objectives. An effective site plan should utilize a variety of techniques for achieving the
intent of this chapter. The appropriate placement or retention and improvemen[s of buildings,
parking 1ots, etc. should be considered on the site plan.
(b) Buildings. A cornmercial or industrial use housed in the building is to be compatible with
the surrounding properties, land use plan, and not be hazardous to the health, safery and welfare
of citizens.
(c) Special Permits. The site plan shall list any special permits or approvals which may be
required for comp(etion of the project.
(d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250.
1. Paving is required when "commercial development" requiring a building permit
valued at fifty thousand dollars ($50,000) or more for new construction or any
improvements which adds square footage valued at fifty-thousand dollars ($50,000)
or more and the property is located between Evergreen Drive and McCollum
Drive/Tinker Lane as shown in the 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 storage/removal and drainage as referenced
on the site plan shall be compatible with the surrounding area.
(fl 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. 2148-2(b6 Attachment A
Page 3 of 4
14.25.050 ApprovaL
Unless exCended for good cause, the Administrative Official shall review and take action
on a landscaping and site plan within fourteen (14) days of satisfactory submittal. The Building
Official shall issue a building permit upon approval of the associated landscaping/site plan
providing all of the other requirements for the issuance of a building permit have been met. Any
appeal of the action of the Administrative Official shall be in accordance with KMC 14.20.290.
14.25.060 Completion-Landscaping plan.
All required landscaping as presenzed in the approved landscaping plan shall be installed
prior to the issuance of the certificate of occupancy. In the event that the landscaping has not
been completed upon request for the certificate of occupancy, the Building Official may grant a
temporary certif'icate not to exceed nine (9) months.
14.25.065 Completion-Site plan.
A11 requirements as outlined in Section 14.25.045 shall be installed according to the site plan as
approved by both developer and the Administrative Officiai. All restrictions cited in Section
14.25.060 shall apply to this chapter.
1. The Building Official may issue a temporary certificate of occupancy not to exceed 2
years to complete the required parking lot paving.
14.25.070 Modifications.
Whenever there are practical difficulties in carrying out the provisions of this chapter, the
Administrative Official may grant minor modif'ications for individual cases, provided the
Administrative Official finds Chat a special individual reason makes Che strict letter of this
ordinance unpractical and that [he modification is in conformity with the intent and purposes of
this ordinance.
14.25.080 Expiration.
If construction of the project has not started within 180 days of approval of the
landscapinglsite plan, the approval shall lapse unless extended for good cause.
14.25.090 Penalties.
Penalties for non-compliance with this chapter shall 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. O[her 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.?A.115 Limited Commercial Zone (LC Zone).
(a) Intent: The LC Zone is established to provide transition areas between
commerciat and residential districts by allowing Iow to medium votume business,
mixed residential and other compatib(e uses which complement and do not
materially detract from the uses allowed wiCh adjacent districts.
(b) Principal Permitted Uses: As al(owed in Land Use Table as long as the
footprint of the building does not exceed Chree Chousand (3,000) square feet.
(e) Conditional Uses: As allowed in Land Use Table.
(d) Accessory Uses: As defined (see defmitions section).
(e) Home Occupations: Uses as aliowed by this chapter.
(~ Development Requirement: As described in [his chapter.
(g) Parking Requirements: As required by this chapter.
(h) Outside storage is allowed for display purposes only unless the storage is in
an area enclosed by a sight-obscuring fence.
(i) Landscaping/Site plans: As required in KMC 14.25.
[(1} INTENT. TO PROVIDE FOR ORDERLY AND SAFE DEVELOPMENT
AND TO PROVIDE ATTRACTIVE AND FUNCTIONAL SEPARATION AND
SCREBNING BETWEEN USES.
(2) LANDSCAPING/SITE PLANS. AS REQUIRED IN KMC 14.25.030.
(3) APPLICATION SHALL APPLY TO ALL DEVELOPMENT 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 i1SE. PRE-EXISTING
RESIDENTIAL USES SHALL BB EXEMPT FROM THIS REQUIREMENT.
(4) LANDSCAPING/SITE PLAN. SUBMITTAL OF A PFtELIMINARY
LANDSCAPING/SITE PLAN AND APPROVAL BY THE ADMINISTRATIVE
OFFICIAL IS REQUIRED PRIOR TO ANY LAND CLEARING AND/OR TREE
CUTTING.
Ordinance No.2 L48-2006 Attachment B
Page 1 of 4
(5) LANDSCAPING PLAN - PERFORMANCE CRITERIA.
(i) OBJECTIVES FOR LANDSCAPZNG PLAN. AN EFFECTIVE
LANDSCAPING PLAN SHOULD UTILIZE A VARIETY OF TECHNIQUES
FOR ACHIEVING THE INTENT OF THIS SECTION. THE APPROPRIATE
PLACEMENT OR RETENTION OF VEGETATION IN SUFFICIENT AMOUNT
WILL PROVIDE THE BEST RESULTS. PERIMETER, IN'I'ERIOR, STREET
RIGHT-OF-WAY, AND PARKING LOT LANDSCAPING SHOULD BE
INCLUDED AS COMPONENTS OF THE OVERALL LANDSCAPING PLAN.
(ii) PERIMETER/BUFFER LANDSCAPING. PERIMETER/BUFFER
LANDSCAPING INVOLVES THE I,AND AREAS ADJACENT TO THE LOT
LINES WITHIN THE 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 MINIMiTM 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 HUNDRED PERCENT (100%) 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 LANDSCAPING 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 HIGHI,IGHT.
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 SOFI'ENS THE IMPACT
OF LAND USES ALONG STREET RIGHTS-OF-WAY, BUT DOES NOT
OBSCURE LAND USES FROM SIGHT. LANDSCAPING BEDS NIt1ST MEET
ALL OF THE FOLLOWING MINIMUM STANDARDS; EXCEPT WI~RE
Ordinance No.2148-2006 Attachment B
Page 2 of 4
PROPERTIES ARE ADJACENT TO STATE OF ALASKA RIGHTS-OF-WAY,
THE ADMINISTRATIVE OFFICER MAY APPROVE ALTERNATIVES,
WHICH MEET THE INTENT OF THIS SECTION BUT PROTECT
LANDSCAPING Ff20M WINTER MAINTENANCE DAMAGE.
(A) LANDSCAPING BBDS. MINIMUM OF TEN FEET (10') IN WIDTH
ALONG THE ENTIRE LENGTH OF THE PROPERTY LINES WHICH ADJOIN
STREET RIGHTS-OF-WAY, EXCLUSIVE OF DRIVEWAYS AND OTHER
INGRESS AND EGRESS OPENINGS;
(B) GROUND COVER. ONE HUNDRED PERCENT (100%} GROUND
COVER OF THE LANDSCAPING BED WITHIN THREE (3) YEARS OF
PLANNING 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.
(V) 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 CIRCULATION PATTERNS.
(VI) REVIEW. THE ADMINISTRATIVE OFFICIAL MAY RECONSIDER
PLANS FOR AMENDMENTS AFI'ER THEY HAVE BEEN APPROVED IF
PROBLEMS ARISE IN CARRYING OUT THE LANDSCAPING/SITE PLAN AS
ORIGINALLY APPROVED.
(6) SITE PLAN-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
IMI'ROVEMENTS 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 PLAN, AND NOT BE
HAZARDOUS TO THE HEALTH, SAFETY AND WELFARE OF CITIZENS.
(III) SPECIAL PERMITS. THE SITE PLA1V SHALL LIST ANY SPECIAL
PERMITS OR APPROVALS, WHICH MAY BE REQUIRED FOR
COMPLETION OF THE PROJECT.
Ordinaoce No.2148-2006 Attachment B
Page 3 of 4
(iv) PARKING LOTS. PARKING LOTS REFERENCED ON THE SITE
PLAN SF~IALL COMPLY WITH KNIC 14.20.250.
(A) PAVING IS REQUIRED WHEN "COMMERCIAL DEVELOPMENT"
OF FIFI'Y THOUSAND DOLLARS ($50,000.00) OR MORE REQUIRING A
BUILDING PERMIT FOR NEW CONSTRUCTION OR ANY INIPROVEMENTS
WHICH ADDS SQUARE FOOTAGE.
(v) SNOW STORAGE/REMOVAL AND DRAINAGE. SNOW
STORAGE/REMOVAL 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
CONSTRUCTION MATERIALS MAY BE APPROVED BY THE
ADMINISTRATIVB OFFICIAL.
(7) APPROVAL. AS REQUIRED IN KMC 14.25.050.
(8) COMPLETION-LANDSCAPING PLAN. AS REQUIRED IN KMC
14.25.060.
(9) COMPLETION--SITE PLAN. AS REQUIRED IN KMC 14.25.065.
(i) THE BUILDING OFFICIAL MAY ISSUE A TEMPORARY
CERTIFICATE OF OCCUPANCY NOT TO EXCEED TWO (2) YEARS TO
COMPLETE THE REQUIRED PARHING LOT PAVING.
(10) MODIFICATIONS. AS REQUIRED IN KMC 14.25.070.
(11) EXPIRATION. AS REQUIRED IN KMC 14.25.080.
(12) PENALTIES. AS REQUIRED IN KMC 14.25.090.
(13) DEFINITION-LANDSCAPING. AS DEFINED IN KNIC 14.25.100.]
Ordinance No.2148-2006 Attachment B
Page 4 of 4
j= ~~V ~lla~e wit~i a Past, Gr~ wit~t a Future"
~
~-z`~,~ ~~. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794
. -
i~ Telephone: (907) 283-7535 / Fax: (907) 283-3014
' www.ci.kenai.ak.us
\ theayof
KENAI.ALASKA
~
MEMORANDUM
TO: ~ Mayor Porter and Councitors
FROM:C~- Cary R. Graves, City Attorney
DATE: February 24, 2006
IZE: Ordinance No. 2148-2006 - Landscaping Site Plan
At iCS meeting of February (5, 2006, the Ptanning & Zoning Commission postponed action on
this ordinance. The Commission wanted the Administration [o review some concerns it had with
the ordinance and suggest modifications to the draR. My understandin~ is the KEDS group may
also wanC to look at the impacC of the ordinance Co Che business communiry.
The Administration recommends Cabling this ordinance to give the Administration and the
P(anning & Zoning Commission time to work on changes to the ordinance. This would also
allow the KEDS group Cime to analyze the ordinance and make su~~estions if it wishes.
CRG/sp
,
,..
rL~.~"~
_ ~_-..
t~ie c~fy o f' /
~~V'l~a9e witti a Past, Gi~ wit~i a Futc~re ~~
210 Fidaigo Avenue, Kenai, Alaska 99611-7794 „~
Telephone: 907-283-7535 / FAX: 907-283-3014 ~'~~'~
1997
M ~ ~ o ~
r.
TO: Charles M. Kopp, Acting City Manager :1<
FROM: Marilyn Kebschull, Planning Administrato~~YS,
THRU: Jack La Shot, Public Works Manager c i-=
DATE: February 23, 2006
SUBJECT: Ordinance No. 2148-2006 - KMC 14.25 - Landscaping/Site Plan
The Commission voted to postpone action on the proposed amendment to KMC 14.25
and KMC 14.20.115(i) until administration could review concems and suggest
modifications to the draft. This Ordinance is scheduled for public hearing at the Council
meeting on March 1St. The foilowing concerns were noted:
1. KMC14.25.060 Completion - Concerned that lending institutions may not
grant loans to projects that cannot obtain a Certificate of Occupancy.
Would like to consider issuing the Certificate of Occupancy and depend on
KMC 14.25.090 for enforcement.
2. KMC14.25.065 Completion - Same concern as above.
3. KMC14.25.080 Expiration - Would like to extend the expiration to one
year. Concern that with the short building season 180 days may not be
su~cient.
4. KMC14.25.045(d)1 - Paving. This is probably the largest concern of the
proposed ordinance. With the proposed ordinance, paving would be
required in all cases meeting the criteria outlined in the ordinance.
Administration gave the example of an addition to the City's maintenance
facility for a locker room that met the $50,000 criteria would require
paving. Discussion ensued as to whether or not in existing industrial sites
such as the City's yard should paving be required. Again, the question
was asked as to what doilar amount should require paving and whether or
not existing structures should be exempt from the ordinance.
Administration agreed to review these sections and discuss the issues with the City
Attorney. Proposed changes to the draft will be submitted to the Commission for further
consideration.
cc: Cary Graves, City Attorney
- ~-5
Suggested by: City Manager
CITY OF KENAI
ORDINANCE 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 estpire after six months
uniess a lease is entered into; and,
WHEREAS, KMC 21.10.040 provides that an appraisal to determine the lease rate is
valid for only siY 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 regulatory 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 su~-month application period was pracficai twenty-five yeazs 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' wetiands permitting, highway access plans,
landscaping/site plans; and,
WHEREAS, requiring the lease to be signed within six months after the application
can mean that a developer must agree to a long term and costly lease without lrnowing
whether the project will ever get the necessary permits to be bufft; 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 e~rtend the application period for six months
for good cause, such as site plan/landscaping, highway access and wetlands
permitting will allow for orderly planned development and improved decision maldng
by both the city and the developer; and,
Ordinance Na. 2149-2006
Page 2 of 2
WHEREAS, the appraisal period should match the time period for lease approval in
the KMC 21.10.040; and,
WHEREAS, when the amendments to KMC 21.10.040 become effective they should
apply to existing lease apglications; and,
WHEREAS, it is in the best intetest 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
KbiC 21.10.040 Rights prior to leasing
The filing of an appIication 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 suc (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 Councii for eood cause erants an
extension. No eactension mav be ¢ranted for a veriod loneer than si,~ (6)
additional months. Lease rates are subject to change on the basis of an
appraisal done every [SIX (6)] tweive (121 months on the property applied
for.
SECTYON II
This section is applicable to lease applications that are pending on the
effective date of this ordinance.
PASSED BY THE COUNCIL QF THE CITY OF KENAI, ALASKA, this first of March,
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: February 15, 2006
Adopted: March 1, 2006
Effective: April 6, 200f
5u b~}~k~
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SUBSTITUTE
Suggested by: Councilor Ross
CITY OF KENAI
NO. 2149-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 21.10.040 BY PROVIDING THAT LEASE APPLICATIONS SHALL EXPIRE AFTER
ONE YEAR AND MAY 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 appiications 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 six months; and,
WHEREAS, the language including the above two provisions in KMC 21.10.040 was
added in 1978; and,
WHEREAS, it has been neazly twenty-eight yeazs since those provisions were added to
the city code; and,
WHEREAS, the regulatory requirements regarding such items as wetiands permits,
highway access, landscaping and site pians 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 yeazs ago, it
is no Ionger practicai 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 infornaation on the projects' wetlands pernutting, highway access plans,
landscaping/site plans; and,
WHEREAS, requiring the lease to be signed within six months after the application
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 pernutting is unfair to the lease applicant; and,
WHEREAS, allowing one yeaz for a lease application approval will allow for increased
lease processing time due to increased permitting requirements; and,
Ordinance No. 2149-2006
Page 2 of 3
WHEREAS, allowing the City Council to extend the application period for an additional
sui 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,
WHEREAS, the appraisal period should match the time period for normal lease
approval in the KMC 21.10.040; and,
WHEREAS, when the amendments to KMC 21.10.040 become effective they should
apply to existing lease applications; 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 and 21.10.090 are amended as follows:
SECTION I
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)j twelve (12) 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 eood
cause erants an extension. No extension mav be eranted for a oeriod
loneer than six f61 additional months. Lease rates are subject to change
on the basis of an appraisal done every [SIX (6)) twelve j121 months on
the property applied for.
SECTION II
21.10.090 Appraisal.
No land shall be leased, or a renewal lease issued, unless the same has
been appraised within a[SIX (6)] twelve (12) month period prior to the
date fixed for beginning of the term of the lease or renewal lease. No land
shall be leased for less than the approved appraised annual rental.
Appraisals shall reflect the number and value of City services rendered
the land in question.
SECTION YII
This ordinance is applicable to lease applications that are pending on the
efl'ective date of this ordinance.
Ordinance No. 2149-2006
Page 3 of 3
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15~ day of Mazch,
2006.
PAT PORTER, MAYOR
A1"I'EST:
Carol L. Freas, City Clerk
Introduced: March l, 2006
Adopted: March 15, 2006
Effective: April 15, 2006
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"V'lla9e wit~i a Past, Gc~ wit~i a Future°'
210 Fidalgo Avenue, Kenai, Aiaska 99611-7794
Telephone: (907) 283-7535 / Fax: {907) 283-3014
www.ci.kenai.ak.us
MEMORANDUM
TO: Mayor Porter and Kenai City Council
FROM:~~.b Cary R. Graves, City Attorney
DATE: February 24, 2006
It~: Summary of Clianges in Substitute Ordinance No. 2149-2006
Fotiowing is a summary of the changes in the substitute ordinance from the original Ordinance
No.2149-2006.
The original Ordinance No. 2149-2006 added the possibility of an extension of six months to the
existing six-month least applicaCion period-for a maximum of twelve months. The substiCUte
ordinance provides for a one-year Iease application period with a possible extension of six
months-for a maximum of eigh[een months.
The reason for Ordinance No. 2149-2006 and the substitute is that permitting requirements have
made the six-monCh time iimit obsolete. As the code now reads, both che lease applicant and the
City may have to make a decision whether to approve a tease before they know how Che
permitting and site design process have ended up. It also means the public might not have
information on permitting and site design prior to a decision whether to approve a lease. It can
be very difficult for the pub(ic to make an informed opinion on a project without that
information. The idea behind the ordinance (and the substitute) is that extending the time period
would allow the pubiic, the City and the applicant all to have better information prior to the final
decision on whether to enter into a lease.
Both t.he original and substitute would extend Che time period an appraisal is valid from six
months to one year. The new Section II of the ordinance was added to reflect that the six-month
tune period is set out in two different places in the code, so both would need to be changed to
from six months to one year.
Let me know if you have questions or need further information.
~ i
Suggested by: Administration
CYTY OF KENAI
RESOLUTION NO. 2006-07
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING
$8,300 IN THE GENERAL FUND CLERK DEPARTMENT FROM PROFESSIONAL
SERVICES TO SALARIES AND BENEFITS.
WHEREAS, the part time employee in the Clerk Department was budgeted as a
contract position in the Professional Services account; and,
WHEREAS, the duties of the position do not meet the definition of a contractor and
must be paid from the salaries account along with associated benefits; and,
WHEREAS, sufficient funds are available in the Clerk Department Professional Services
account.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the following budget transfers be made:
General F~tnd
From: Clerk Department- Professional Services $8,300
To: Clerk Department - Salaries & Benefits $8,300
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of March,
2006.
PAT PORTER, MAYOR
A'd"I'EST:
Carol L. Freas, City Clerk
Approved by Finance:_~~
(02/22/2006) hl
~-~
Suggested byc Administratiun
CITY OF KENAI
RESOLUTION NO. 2006-08
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A
LEASE FOR TWO FISH SEASONS (MAY 15, 2006 TO SEPTEMBER 30, 2007) OF KENAI
DOCK STATION NO. 2 TO COPPER RIVER SEAFOODS FOR THE SEASONAL BASE
BID OF $35,621 PLUS $0.03/LB. OVER 1,187,367 LBS PLUS $500 PER MONTH FOR
BOAT STORAGE AREA NO. 2.
WHEREAS, the City of Kenai received the following bid for the lease of Dock Stations
No. 2 and/or Station No. 3 and Boat Storage Areas on February 21, 2006:
Bidder Station
No. 2 Boat Storage I Station
Area No. 2 ~ No. 3 Boat Storage
Area No. 3
Co er River Seafoods $35,621 . $500 mo. 0 $307 mo.
;and,
WHEREAS, Copper River Seafoods' bid was the only bid received; and,
WHEREAS, the minimum bid was $20,000/fish season each for Station No. 2 and for
Station No. 3 and $300/month each for Boat Storage Area No. 2 and Area No. 3; and,
WHEREAS, Copper River Seafoods submitted a proposal to lease Dock Station No. 2 for
$35,621 plus $500 per month for Boat Storage Area No. 2, plus $30~ per month for
Boat Storage Area No. 3; and,
WHEREAS, Boat Storage Area No. 3 is to be awazded with Station No. 3 yearly base
bid; and,
WHEREAS, the lease includes the dock azea, parking/storage area, offices, and one
crane; and,
WHEREAS, the recommendation of the City Administration is to awazd the lease of
Dock Station No. 2 and Boat Storage Area No. 2 to Copper River Seafoods; and,
WHEREAS, the Council of the City of Kenai has determined that awarding the 2006
Lease of Dock Station No. 2 and Boat Storage Area No. 2 to Copper River Seafoods is in
the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai award a lease for ltvo Fish Seasons (May 15, 2006 to
September 30, 2007j of Dock Station No. 2 to Copper River Seafoods for the seasonal
base bid of $35,621 plus $0.03/lb. over 1,187,367 lbs. plus $500 per month for Boat
Storage Area No. 2.
Resolution No. 2006-08
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of March,
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: ____~~
~°
Suggested by: Administration
CITY OF KENAI
RESOLUTYON NO. 2006-09
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A
CONTRACT TO FOSTER CONSTRUCTION, INC. FOR THE PROJECT ENTITLED KENAI
SOCCER PARK CLEARING - 2006 FOR THE TOTAL AMOUNT OF $184,600.
WHEREAS, the following bids were received on February 22, 2006:
;and,
Bidders Basic Bid
Endries Company Non-Responsive
Foster Construction, Inc. $184,600
D& L Construction Co., Inc. $206,000
CIC,Inc. $206,500
North Star Paving Sv Construction, Ina $223,000
Wolverine Supply, Inc. $236,000
Engineer's Estimate $160,000
WHEREAS, Endries's bid is non-responsive due to incomplete bid document submittal;
and,
WHEREAS, Foster Construction, Inc.'s bid is the lowest responsible bid and award to
this bidder would be in the best interest of the City; and,
WHEREAS, the recommendation from City Administration is to award the contract to
Foster Construction, Inc. for the total cost of $184,600; and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the contract for the project entitled Kenai Soccer Park Cieazing - 2006 be
awarded to Foster Construction, Inc. for the total amount of $ 284,600.
PASSED BY THE COUNCIL OF THE CIT'Y OF KENAI, ALASKA, this first day of March
2006.
ATTEST:
PAT PORTER, MAYOR
Cazol L. Freas, City Clerk
Approved by Finance: --~_
~-9
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February 9, 2006
:ENA1 PENINSULA BOROL.{
144 N. BINKLEY • SOLDOTNA, ALASKA • 99669-7599
BUSINESS (907) 714-2160 FAX (907) 714-2388
EMAIL: assemblyclerk~a borough.kenai.ak.us
Ms. Dawn Iiolland-Wiliiams
Records & Licensing Supervisor
Alcoholic Beverage Control Board
5848 E. Tudor Rd.
Anchorage, AK 99507-1286
Re: Application for Renewal of Liquor License
Dear Ms. Holland-Williams:
SHERRY BIGGS, CMC
BOROUGH CLERK
RECE!"~~~
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Please be advised that the Kenai Peninsuia Borough has no objection to the approval of the apptication(s)
forrenewal ofthe liquor license(s) for the following estabIishment(s), located in the City of Kenai, Alaska:
Goif Course
Kenai GoIF Course - #4327
The Kenai Peninsula Borough Pinance Department has reviewed its files and has raised no objecrion based
on unpaid or delinquent talces.
Sincerely,
Sherry Bi s, CMC
Borough Clerk
cc: applicant
City of Kenai
KPB Finance Deparnnent
File
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AGE~DA
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 15, 2006
7:00 P.M.
KENAI CITY COUNCIL GHAMSERS
http: / /www.ci.kenai.ak.us
%TEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Cali
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.
ITEM B: SCIiEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
Ordiaance No. 2139-2006 -- Axnending KMC 1.10.040 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. Ordiaance 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. Ordinance No. 2142-2006 -- Amending KMC 14.20.290 to Clarify Which
Issues May Be Appealed to the Boazd of Adjustment and Setting Forth
Rules Regarding Who Has Standing to Bring Appeals.
5. Ord'aaaace 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.
6. Ordinattce 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 Residentiai-1 (RRl) and Suburban
Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
7. Ordinaace 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 (LCj.
a. Substitute Ordiaance 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 L'united Commercial (LC).
(Clerk's Note: Ordinance No. 2145-2006 has been infroduced. A motion to
approve Ordinance No. 2145-2006 is needed, followed by a motion to substitute. J
8. 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 Guard Services at the Kenai Municipal Airport to
Kenai Security Services, Inc. for the Period March 1, 2006 Through
February 28, 2009.
10. *2006 Liquor License Reaewals --
a. Fraternal Order of Eagles #3525 -- Club
b. Corey, Inc., d/b/a Upper Deck -- Beverage Dispensary/Tourism
c. Jenxufer Lee, d/b/a New Peking 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 Chariotte's -- Restaurant/Eating Place --
Public Convenience.
ITEM F• MINUTES
*Regular Meeting of February 1, 2006.
ITEM G: UNFINYSHED BUSINESS
ITEM H• NEW BUSINESS
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Orcliaance No. 2146-2006 -- Enacting KMC 13.10.070 Entitied,
"Commercial Building and Property Maintenance."
4. *Ordinance No. 2147-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the General F~tnd for an Alaska Highway
Safety Grant to Reunburse the Police Departuient Overtime Account.
5. *Ordinance No. 2148-2006 -- Repealing the E~cisting 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 Regtxlations).
6. *Ordinaace No. 2149-2006 -- 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
'I`welve (12) Months.
Approval -- Lease Application -- Mark E. Lockwood, d/b/a Kenai Self-
Storage/Tract B, Gusty Subdivision No. 2.
8. Approval -- Amendment to Special Use Pernzit -- Kenai Central High
School Hockey Booster Club/Dasher Board Advertisements and Ice
Logos -- Multipurpose Facility.
9. Approval -- Kenai Municipal Pazk Site Improvement Plan
10. Approval -- Pazks & Recreation Commission Letter to Senator
Wagoner/Section 36 Street Light Request.
1l. Discussion -- Event/Conference Center
ITEM I: COMMISSION/COMMYTTEE 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 Comxnittee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Commi.ttee
%TEM J: REPORT OF THE MAYOR
ITEM K: ADMYNYSTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
aTEM L:
Citizens (five minutes)
Council
- None Scheduled
ITEM M:
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 15, 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 7:00 p.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 Cierk. Present were:
Pat Porter, Mayor i Joe Moore, Vice Mayor Linda Swarner
Cliff Massie Rick Ross ~ Robert Mollo
Mike Boyle
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: E-4, Ordinance No. 2142-2006 discussion -- 2/ 15/06 C. Graves
memorandum responding to attached letter from Attorney Peter Ehrhazdt
related to the ordinance.
ADD TO: H-11, Event/Conference Center Discussion -- 2/ 12/06 M. Renken leYter
regarding possibilities of creating a conference center in Kenai.
MOTION:
Council Member Massie MOVED to approve the agenda as amended and Council
Member Swarner SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
PAGE 2
Porter i Yes Moore Yes Swarner Yes
Massie Yes Ross Yes Molloy Yes I
~ Boyle I Yes ~ I =-- ~
MOTION PASSED UNANIMOUSLY.
A-4. CONSENT AGENDA
MOTION:
Council Member Swarner MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion.
There were no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLYC COMMENTS -- None.
ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
-~ None.
ITEM E: PUBLIC FIEARINGS
E-1. Ordiaaace 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:
Councii Member Swarner MOVED for approval of Ordinance No. 2139-2006 and
Council Member Ross SECONDED the motion.
There were no public comments. A brief discussion followed in which Council Member
Molloy stated he would not support the ordinance and expressed concerns that
changing the meeting time to 6:30 or 6:00 p.m. would cut into the dinner hour and
could diminish public participation. Councii Member Boyle agreed with Molloy and
stated he wouid not support the ordinance.
VOTE:
*Student Representative Krusen: Yes
Porter Yes Moore Yes Swarner Yes
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
PAGE 3
Massie Yes Ross Yes Mollo No
Bo le No
MOTYON PASSED.
E-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.
MOTION:
Council Member Moore MOVED for the adoption of Ordinance No.2 140-2006 and
Council Mernber Massie SECONDED the motion.
There were no public comments. Attorney Graves noted a defuution of "excused" was
not included an the ordinance, instead three excused absences were allowed in order
that the provision would not be abused. It would be within the discretion of the
commission/committee to decide whether a member is excused.
VOTE:
MOT%ON PASSED UNANIMOUSLY.
E-3. Ordinaace 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.
MOT%ON:
Council Member Ross MOVED for the adoption of Ordinance No. 2141-2006 and
Council Member Moore SECONDED the motion.
There were no public comments. Molloy stated he forwarded questions he had with
the ordinance to Attorney Graves, noting his concern with the last line of KMC
17.15.080(b), "...subordinate to only municipal tax and special assessment liens."
Molloy stated he supported the concept but wanted to be sure a statutory basis
*Student Representative Krusen: Yes
KENAI CITY COUNCIL MEETING
FEBRUARY 15,2006
PAGE 4
existed to be able to do it. Attorney Graves suggested action on the ordinance be
postponed until he could research the issues Molloy raised.
MOTION TO POSTPONE:
Council member Molloy MOVED to postpone the ordinance until the next meeting and
Council Member Boyle SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
; Porter Yes Moore Yes Swarner Yes
i Massie Yes Ross Yes Mollov Yes
~ Boyle Yes
MOTION PASSED UNANIMOUSLY.
E-4. Ordiaance 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 Appeals.
MOT%QN:
Council Member Ross MOVED for the adoption of Ordinance No. 2142-2006 and
Council Member Moore SECONDED the motion.
The public hearing was opened.
Gerald Brookmaa, VIP Subdivision, Kenai -- Mr. Broolffnan stated his opposition to
the ordinance related to concerns of who woutd have standing to appeal; feit the
ordinance was too restrictive; as a citizen of the city, he should have the right to
appeal; and, urged council to fail Yhe ordinance. Brookman referred to an appeal filed
related to a proposed motor home park and as he understood the ordinance, he
believed he would not have had standing because he was outside of the 300' radius.
Attomey Graves noted, he believed the proposed ordinance would have granted kum
standing if he could show a reasonable argument the motor home pazk would have
devalued or hurt the properiy he owns. He added, the ordinance would also grant
standing to anyone within 300 feet of a subject property.
Joe Ray Skrha, 2455 Watergate Way, Kenai -- Stated his opposition to the
ordinance, noting he felt it was toa restrictive; people are aggrieved if they are hurt,
KENAI CITY COUNCIL MEETING
FEBRUARY15,2006
PAGE 5
devalued and financially affected, however quality of life is more than financial; and, if
people feel aggrieved, they should be allowed to be aggrieved and a part of the process.
Curt Wilcox, Beaver Loop -- Stated he agreed with Skrha and felt the ordinance too
vague; questioned having to own property to be aggrieved; stated concern with the
fourth whereas and the paragraph 5; and; he believed not allowing someone who does
not own property to have standing would threaten the democratic process.
Peter McKay, 55441 Chinook Road, Nikiski -- Stated he understood the ordinance
would preclude people living outside the city limits from having standing to appeal
decisions; felt the ordinance would put a fence around the city; thinks the ordinance
too restrictive; and, stated he opposed the ordinance.
Laura Sievert, 3329 Beaver Loop Road, Kenai -- Stated she strongly opposed the
ordinance for the same reasons already stated; believes it hard to define an aggrieved
person; believes someone would still have the right to file an appeal; and, urged the
code not be amended as it already works well.
Debby McKay, 55441 Chinook Road, Nikiski -- Stated her opposition to the code
amendment because she believes it would deny renters; limit rights of nearby property
owners beyond the 300' radius; too much added responsibility to the Clerk; and, urged
council to fail the ordinance.
A lengthy discussion took place related to the court case identified in the ordinance.
There being no further public comments, the public hearing was closed.
Council discussion generated comxnents and included:
• Advisory decisions/recommendations of the Commission shouid
not be appealable.
• Consideration to expand beyond property ownership.
• The issue of standing should be decided by the Boazd of Adjustment
during its deliberations.
• The defmition of an aggrieved person is too restrictive and should have
more review (any renter or taYpayer should be to file and appeal).
• Suggestion to rewrite how appeals are processed to allow someone to file
an appeal with anyone in the city administration instead of only the City Clerk.
• Suggestion to forward the ordinance to the Kenai Bar Association for
review and discussion with the City Attorney.
• The ordinance limits the rights of citizens (whether value is measured 'an
esthetics or monetary}, a person should not have to prove he/she is aggrieved, and
people should be given the opportunity to speak.
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
PAGE 6
• Someone with a general power of attorney and representing another
person could file an appeal for that person.
• A suggestion the definition be changed to allow more inclusion of city
residents to have standing but different if not a city resident.
MOTION TO POSTPONE:
Council Member Molloy MOVED to postpone Ordinance No. 2142-2006 for a period of
30 days (second meeting in March) and Council Member Boyle SECONDED the
motion.
VOTE ON POSTPONEMENT:
*Student Representative Krusen: Yes
Porter Yes Moore Yes Swarr: -r Yes
Massie Yes Ross Yes Moiio ° Yes
Bo le Yes
MOTION PASSED UNANIMOUSLY.
BREAK TAKEN: 8:15 P.M.
BACK TO ORDER: 8:25 P.M.
E-5. Ordinaace 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.
MOTION:
Council Member Moore MOVED to adopt Ordinance No. 2143-2006 and Council
Member Massie SECONDED the motion.
There were no public comments. Boyle stated he had several discussions related to
the property and several issues came up about the Conservation Zone and bluff
erosion.
MOTYON TO POSTPONE:
Council Member Boyle MOVED to postpone Ordinance No. 2143-2006 until the next
meeting and Council Member Molloy SECONDED the motion.
KENAI CITY COUNCIL MEETING
FEBRUARY 15,2006
PAGE '7
Swarner stated she believed the ordinance was a housekeeping ordinance and would
not support the motion to postpone. Ross agreed, adding the property should not be
split and placing personai property in a Conservafion Zone, to him, was a government
taking.
Concern related to the part of the property identified as wetlands was stated and the
possibility of it being developed. Graves stated the Conservation Zone is defined as a
depository of government property. A significant pernutting process would be required
for any development of the wetland portion of the property.
Boyle stated his desire to further research the issue.
VOTE ON POSTPONEMENT:
*Student Representative Krusen: Yes
Porter No Moore No Swarner No
Massie No Ross No Mollo Yes
Bo le Yes
MOTION FAILED.
VOTE:
*Student Representative Krusen: No
Porter Yes Moore ~ Yes 3warner ~ Yes
Massie Yes Ross Yes Mollo Yes
Bo le No
MOTEON PASSED.
E-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 (RRl) and Suburban
Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
MOTION:
Councii member Ross MOVED for adoption of Ordinance No. 2144-2006 and Council
Member Massie SECONDED the motion.
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
PAGE 8
Tom Rhymer, Robin Drive -- Stated he did not think the zone fit the area because of
the parcels without highway access.
Ross reported the issue was before the Planning 8v Zoning Commission and was a
housekeeping measure, recognizing property owners could not access the Kenai Spur
Highway without approval of the Department of Transportation.
VOTE:
*Student Representative Krusen: Yes
~ Porter Yes Moore Yes Swarner Yes
Massie Yes Ross Yes Molloy Yes
~ Boyle ~ Yes ~ ~ ~~~~
MOTION PASSED UNANIMOUSLY.
E-?. Osdiaance 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).
MOTION:
Council member Ross MOVED for approval of Ordinance No. 2145-2006 and Council
Member Moore SECONDED the motion.
Tom Rhyner -- Stated concem cvith zoning the area commercial, a lot of driveways
would be crossing the bike path and onto the highway and questioned whether the
zoning change was well thought out.
E-?a. Substitute Ordinance No. 2145-2006 -- Amendixxg the Official Kenai
Zoning Map by Rezoning 53.85 Acres Located Along the Kenai Spur
Highway at About Mile 6 from Rural Residentiai (RR) and General
Commercial (CG) to Limited Commercial (LC).
MOTION TO SUBSTITUTE:
CouncIl Member Ross MOVED to substitute for adoption Ordinance No. 2145-2006
(substitute) and Councii Member Moore SECONDED the motion.
Tom Rhyaer -- Rhyner gave a brief report of actions taken by the cornrnission and
rxoted the original resolution before the Commission included the front lots of Sungate
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
PAGE 9
Pazk (Robin Drive/Eagle Rock). Those were deleted and then the two lots across the
highway were added back in.
He noted some concern with spring runoff into the lots, septic system probiems due to
varying amounts of spring runoff, etc.
Council discussion and comments included:
• The Planning 8v Zoning Commission reconsidered the issue at its
February 8 meeting, access from Eag1e Rock was discussed, and the two lots (fronting
3W Subdivision) were added back into the properties to be included in the Limited
Commercial Zone.
• The properties along the highway aze not being developed for residential
use, the Limited Commercial Zone could promote restricted commercial development,
and, some current residences could be used for housing businesses.
• The Commission initially took written comments whether to proceed; the
majority of comments submitted were in favor of it; and, the Commission held two
public hearings.
• Concern was expressed that while trying to develop the Kenai area,
considering a branding program, etc., development of business toward Soldotna
instead of downtown Kenai should not be encouraged.
Barry Eldridge -- Gave a brief report of actions taken by the Planning & Zoning
Commission, clarification of properties included in the new zone, and which properties
were currently zoned General Commercial.
VOTE ON SUBST%TUTE:
*Student Representative Krusen: Yes
Porter Yes Moore Yes Swarner Yes
Massie Yes Ross Yes Mollo Yes
Bo le No
MOTION PASSED.
E-8. Resolution No. 2006-05 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
MOTION:
Council Member Moore MOVED to approve Resolution No. 2006-OS and Council
Member Ross SECONDED the motion.
KENAI CITY COUNCIL MEETING
FEBRUARX 1 S, 2006
PAGE 10
There were no public comments. Refemng to a memorandum included in the packet,
Acting City Manager Kopp noted it was important council understand there was no
funding available to go forward with the project and the code does not include a
provision to hold the petition in an active mode; it was the recommendation of
administration for council not to move forward with the project; and, if council failed
the resolution, the property owners would be informed of the curtailment of the pxoject
and that a new petition would be required if funds wouid become availabie in the
future.
When asked if there was no money period or for the project, Kopp answered, no money
period.
VOTE:
*Student Representative Krusen: Yes
Porter No Moore No Swarner No
Massie No Ross No Mollo No
Bo le No
MOTYON FAILED UNANIMOUSLY.
E~9. Resolutioa 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.
&IOTION:
Council Member Swarner MO'VED for approvai of Resolution No. 2006-06 and
requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
E-10. 2006 Lfquor License Renewals --
E-lOa. Fraternal Order of Eagles #3525 -- Club
E-lOb. Corey, Inc., d/b/a Upper Deck -- Beverage Dispensary/Tourism
E-lOc. Jennifer Lee, d/b/a New Peldng Chinese Restaurant --
Restaurant/Eating Place.
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
PAGE 11
E-lOd. Kenai Landing, dnc. d/b/a Kenai Landing -- Beverage
Dispensary/Tourism -- Seasonal.
E-10e. Charlotte's, Inc., d/b/a Charlotte's -- Restaurant/Eating Place -- Fublic
Convenience.
All approved by consent agenda.
ITEM F: MYNUTES
F-1. Regular Meeting of February 1, 2006 - Approved by consent agenda.
ITEM G: UNFINTSHED BUSINESS - None.
ITEM H: NEW BUSINESS
H-1. Bilis to be Ratified
MOTION:
Council Member Molloy MOVED to ratify the bills and Council Member Moore
SECONDED the motion and requested UNANIMOUS CONSENT. There were no
objections. SO ORDRED.
H-2. Approvai of Puschase Orders F~acecdiag $15,000
MOTION:
Council Member Moore MOVED for approval of the purchase orders exceeding
$15,000 and Council Member Molloy SECONDED the motion. There were no
objections. SO ORDERED.
H-3. Ordinaace No. 2146-2006 -- Enacting KMC 13.10.070 Entitled,
"Commercial Building and Property Maintenance."
Introduced by approval of consent agenda.
H-4. Ordinaace No. 2147-2006 -- 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.
Introduced by approval of consent agenda.
KENAI CI'I'Y COUNCIL MEETING
FEBRUARY 15,2006
PAGE 12
H-S. Ord'aaance No. 2I48-2006 -- Repealing the E~sting 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 Regulationsj.
Introduced by approval of consent agenda.
H-6. Ordiaance No. 2149-2006 -- Amending KMC 21.10.040 by Allowing
Lease Applications to be Eactended for Six (6) Additional Months for Good
Cause and Providing That Lease Application Appraisals aze Good for
'Pweive (12) Months.
Introduced by approval of consent agenda.
H-9. Appxoval -- Lease Application -- Mark E. Lockwood, d f b/a Kenai Self-
Storage/Tract B, Gusty Subdivision No. 2.
MOTION:
Councii Member Ross MOVED for approval of the lease application of Mazk E.
Lockwood, d/b/a Kenai Self-Storage/Tract B, Gusty Subdivision No. 2 and Councii
Member Moore SECONDED the motion.
It was reported the application was before the Planning 8v Zoning Commission; the
Commission's focus was lunited by the code; and, during discussion two concerns
were considered, i.e. is the proposed development what would be wanted for that
property and under the draft Mixed Use Zone, the proposed development would not be
a conforming use.
Comments of council included:
• The proposed use is not appropriate for the azea.
• The property is located within the runway protection zone.
• The property is very close to the Visitors Center.
• The property may not be developed for some time because of the giide
path of aircraft.
• The applicant has another facility and keeps it very nice; placement of a
similar facility on the subject property could be landscaped; the subject property
would be included in the proposed Muced Use Zone and if approved, the development
wou2d be introducing a totally non-conforming use to that azea.
• It is not the best use of the property.
VOTE:
*Student Representative I{rusen: No
KENAI CITY COUNCIL MEETING
FEBRUARY 15,2006
PAGE 13
Porter No Moore No Swarner No
~ Massie No Ross No Molloy No
Bo le No
NIOTION UNANIMOUSLY FAII,ED.
H-8. Approval -- Amendment to Special Use Permit -- Kenai Central High
Schooi Hockey Booster C1ub/Dasher Boazd Advertisements and Ice
Logos -- Multipurpose Facility.
Council Member Moore explained, though he was not financially involved with the
issue, he believed he should abstain due to his activity with the Booster Club.
Attomey Graves stated, because Moore participated in the negotiation of the
agreement as an officer of the Club, he believed it appropriate for Moore to abstain.
MOTION:
Council Member Molloy MOVED to approve the Amendment to Special Use Persnit for
dasher board advertisements and ice logos to the Kenai Central High School Hockey
Booster Club at the Multipurpose Facility. Council Member Swazner SECONDED the
motion and requested UNANIMOUS CONSENT. There were no objections. SO
ORDERED.
H-9. Approval -- Kenai Municipal Park Site Improvement Pian
Moore explained, council requested the plan be brought forwazd for its review; the
plan had been discussed by the Pazks & Recreation Commission; and, the plan gives a
look at what improvements are planned for the pazk.
Pazks & Recreation Director Frates reviewed the plan and noted the primary changes
as the addition of a second shelter, reduction in the number of picnic sites, and, the
addition of a parking lot off South Forest Drive. He noted, the pazking lot may not be
developed due to funding resuaints. Frates also reported the desire of the
Commission is to visually open the pazk and make it safer; allow for turf areas; keep
the trails gravei; to include signage related to the barabazas and food caches; clear
only enough trees to clear areas for picnic sites; and, with appropriate signage, etc.,
keep the parldng azea safe.
Council stated no objections to the plan.
H-10. Approval -- Pazks & Recreation Commission Letter to Senator
Wagoner/Section 36 Street Light Request.
KENAI CITY COUNCIL MEETING
FEBRUARY 15,2006
PAGE 14
Council reviewed the,draft letter and it was suggested it be signed by all the members
of the Commission. Council stated no objections to the letter being forwarded.
H-11. Discussion -- Event/Conference Center
Kopp reviewed the Visitors Center letter included with items added to the packet at the
beginuing of the meeting which indicated the desire to contact the owners of the old
Carr's grocery store and discuss the possibility of the use of the property as an
event/conference center, including a use fee, etc. Recognizing the building would
need improvements, Administration suggested the facility be reviewed and reseazched
as to what costs would be necessary to make the area usable. It was also noted, no
agreements would be made, etc. without the review and approval of council.
Porter noted consensus of council to allow administration to speak with the property
owner.
ITEM I: COMMISSION/COMMITTEE REPORTS
Y-1. Couacil ott Aging -- No report.
I-2. Airport Commissioa -- Ross noted a meeting was held on February 9
and the principal discussion was the Air Fair and forwarded a request to move their
March meeting to after the Arctic Winter Games. Council stated no objections to
changing the March meeting date.
I-3. Harbor Commissioa -- No report.
I-4. Lfbrary Commission -- Molloy reported Director Joiner was welcomed at
the February 7 meeting; a presentation was made by Architect HIauder related to the
proposed addition; forming a building committee was discussed; and, discussed the
development of a needs assessment.
I-5. Parks 8s Recreation Commission -- Molloy reported the Commission
discussed the Municipal Park plan and a presentation was given related to
underground sprinkler systems.
Y-6. Planaiag & Zoniag Comxnissioa -- I2oss reported most of the items dealt
with by the Commission were brought forcvazd to the councii agenda,
Y-T. Miscellaneous Commissioas and Committees
I-7a. Beautifacation Committee -~ Swamer reported the Committee met on
February 14 and discussed the inclusion of a sprinlder system at Memorial Park and
set June 3 as planting day.
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
PAGE 15
I-7b. Alaska Municipal League Report -- Swamer reported she participated
in a teleconference and it was reported the annual group fly-in may not be held.
I-7c. Arctic Winter Games -- Frates gave a brief report of activities and
planning for the Games.
I-7d. Stranded Gas Committee -- No report.
ITEM J: REPORT OF THE MAYOR - Mayor Porter reported the following:
• A Mini-Grant Committee meeting was held and five applications were
reviewed; a grant was awarded to Tom Burke (KCHS teacher) for the manufacturing of
30 metal salmon planters. ~xnds for the $500 grant award would be taken from the
Legislative budget.
• Refened to a letter from the Boys 8v Girls Club requesting funding of its
Project Protect in the FY 2007 budget and requested the information be included in
the budget process.
• Suggested the letter from the Pazks & Recreation Commission regazding
streetlight request be forcvazded to Representatives Chenault and Olson. There were
no objections from council. Kopp noted a similaz letter had been sent by
administration and additional information related to highway accidents, etc.
• Commented on an article in a recent Nationa( Cities Weekiy related to
inmate labor.
ITEM K:
K-1. City Manager -- Kopp reported the following:
. Referred to the K. Kornelis letter inciuded in the packet written in
response to the Corps of Engineers draft technical report on the bluff stabilization
project. Kopp referred to comments from the report which stated stabilization of the
bluff is technically possible and would likely not have a significant effect on the
environment. He added, the $500,000 appropriated in FY 2006 for erosion control
and bluff stabilization would be used for further study of groundwater seepage and
analysis and design of bank stabilization measures and should be the last study
needed prior to going to project design (according to the Corps).
• Kopp noted, the city took issue with severai of the Corps' comments
which were indicated in the city's response letter.
• A meeting will be heid on March 15 with representatives of the Corps and
the contracted engineering team in regard to the bluff project. It is hoped the Corps
representatives will be able to attend the evening's council meeting and speak to the
bluff project.
• Referred to the Public Works monthly report in regard to the developer's
damage to the bluff and are continuing to move forward with a corrective action plan.
A report should be available for the Mazch 15, 2006 council meeting.
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
PAGE 16
• He and Mayor Porter will be meeting with Senator Murkowski in the next
week and will discuss the city's capital 'unprovement projects.
• Referred to the RuralCap letter inciuded in the packet related to Owner-
Built Self-Help Program and a request for developing City property. He noted,
administration was reviewing the issue, inciuding taxes owed, value, etc. and would be
meeting again on the issue.
• Reported security requirements for the Arctic Winter Games wouid be
more than what he had anticipated and a smali transfer may be necessary from
Contingency.
• All the improvements at the hockey rink have been paid for by Arctic
Winter Games Host Society.
K-2. Attomey -- Attorney Graves reported work on code amendments related
to the Airport Supplemental Plan were moving forward. Draft ordinances would be
distributed to city commissions, reaitors, KEDS, etc. in order to allow for public input.
K-3. City Clerk -- Clerk Freas referred to her memorandum included in the
packet noYing a possible four members of the Planning & Zoning Commission wanted
to attend comrnissioner training in Anchorage in March; their travel costs would be
paid for through the Legisiative budget if council approved.
MOTION:
Council Member Molloy MOVED to approve the request and Council Member Boyle
SECONDED the motion.
VOTEe
*Student Representative Krusen: Yes
Porter Yes Moore Yes Swarner Yes
Massie Yes Ross Yes Mollo Yes
Bo le Yes
MOTYON PASSED UNANIMOUSLY.
ITEM L:
L-1. Citizens -- No comments.
L-2. Couacil
Mooze -- l~o cornments.
KENAI CITY COUNCIL MEETING
FEBRUARY 15, 2006
PAGE 17
Swaraer -- • Noted she received comments from constituents of water color
probiems in Thompson Park.
• Will be out of state from February 26 through March 1, 2006 and would
be meeting with the congressional delegation.
• She and Jason Carroll would be participating in a teleconference related
to the ICMA Russian trip.
Massie -- No comments.
Krusen -- Questioned Arctic Winter Games volunteer needs.
Ross -- Reported he may not be able to attend the Board of Adjustment Hearing
scheduled for February 16, but would participate in the decision after reviewing the
minutes and tape recording.
Molloy -- Thanked the Kenai Fire and Police Departments for their work related
to a neighbor's house fire.
Boyle -- • Suggested the Dip Net Fishery Report be revisited.
• Suggested council determine the vision for the city for the future.
Porter -- Reported she had several complimentary comments regazding the
city's efforts to keep the sidewalks plowed.
EXECUTIVE SESSION - None Scheduled
YTEM M: ADJOURNMENT
There being no further business before the Council, the meeting adjourned at
approximately 10:00 p.m.
Minutes transcribed and prepared by:
Cazol L. Freas, Ciry Cierk
"The student may cast aduisory votes on all matters except those subject to executiUe
session discussion. Advisory votes shall be cast prior to the offtcial councel uote and
shall not affect the outcome of a vote. Advisory votes sha11 be recorded in the minutes.
Student representatives may not move or second items during a council meeting.
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Suggested by:
CITY OF KENAI
ORDINANCE NO. 2150-2006
Admixiistration
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY
$20,000 IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND AND THE
RUNWAY SAFETY AREA IMPROVEMENTS CAPITAL PROJECT FUND.
WHEREAS, the Airport Master Plan calls for certain improvements to the main runway
including new runway lighting, overlay of runway pavement, pavement of runway
shouiders, and a 200 foot e~ension of the runway to provide required safety azea on
the south end of the runway; and,
WHEREAS, the FAA has included $8,800,000 for this project in their future financial
plan; and,
WHEREAS, additional money is needed to complete the design and engineering to
develop bid documents and to actually obtain bids prior to submitting a final grant
applicaflon to the FAA; and,
WHEREAS, the Airport Land System Special Revenue Fund has sufficient money
available in Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
Airroort Land Svstem Special Revenue F~nd
Increase Estimated Revenues:
Appsopriation of F~nd Balance $20,000
Increase Appropriations:
Transfer to Capital Project F~nd $20,000
Runwav Safetv Area dmnrovements Canital Proiect F~nd
Increase Estimated Revenues:
Transfer from Special Revenue F~xnd $20,000
Increase Appropriations:
Engineering $20,000
Ordinance No. 2150-2006
Page Two
PASSED BY THE COUNCIL OF THE CI1'Y OF KENAI, ALASKA, this 15~ day of Mazch,
2006.
ATTEST:
Caroi L. Freas, City Clerk
Approved by Finance: ~
(02/ 15/2006)hi
PAT PORTER, MAYOR
Introduced: Mazch 1, 2006
Adopted: March 15, 2006
Effective: Mazch 15, 2006
H -'t
Suggested by: Administration
CITY OF KENAI
ORDYNANCE NO. 2151-2006
AN ORDINANCE OF` TT-IE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,850 IN
THE GENERAL FUND FOR ART ACQUISITION.
WHEREAS, the Rasmuson Foundation and Museurns Alaska have awazded the
City of Kenai a grant for art purchases; and,
WHEREAS, the Kenai Visitors and Cultural Center would like to purchase
works of art by Jim Evenson to add to their collection; and,
WHEREAS, it is in the best interest of the City to accept the generous grant
award.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
Generai Fund
Increase Estimated Revenues:
Miscellaneous Donations $2,850
Increase Appropriations:
Visitors Center - Miscellaneous $2,850
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15~ day of
Mazch, 2006.
PAT PORTER, MAYOR
ATTEST:
Cazol L. Freas, City Clerk
Approved by Finance:--~~--,-
(02/23/2006) hi
Introduced: Mazch 1, 2006
Adopted: March 15, 2006
Effective: March 15, 2006
_ ~ ~~
Suggested by: Planning and Zoning
CITY OF KENAI
ORDINANCE NO. 2152-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
LAND USE TABLE KMC 14.22.010 TO REMOVE FOOTNOTE 10 FROM THE LAND
USE CATEGORY OF "CHURCHES'° IN THE CENTRAL COMMERCIAL (CC) AND
GENERAL COMMERCIAL (CG) ZONES IN THE LAND USE TABLE AND CHANGING
"CHURCHES" FROM A CONDITIONAL USE TO A PRINCIPAL PERMITTED USE IN THE
LIGHT INDUSTRIAL ZONE (IL).
WHEREAS, the Land Use Table is inconsistent because it applies Footnote 10 to the
land use category of "Churches" in the Central Commercial (CC) and General
Commercial (CG) but not in the Limited Commercial (IL) zone; and,
WHEREAS, Footnote 10 requires a 30-foot setback to any adjoining street or property
line, which is excessive for a commercial-type occupancy in commercial zones such as
CG and CC; and,
WHEREAS, churches are a condidonal use in the Light Industrial zone {IL) and a
principal permitted use in the other commercial zones; and,
WHEREAS, the Light Industrial (IL) zone is very similar to the other commercial zones
in the Kenai Zoning Code; and,
WHEREAS, amending the Land Use Table to remove Footnote 10 from the land use
designation of "Churches" for the CC and CG zones and changing "Churches" from a
conditional use to a principal pemutted use in the IL zone would make the
requirements consistent in the commercial-type zones and is in the best interest of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.22.010 (Land Use Table) is amended as shown in Attachment
~A ~
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15~ day of Mazch,
2006.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
Introduced:
Adopted:
Effective:
Mazch 1, 2006
March 15, 2006
April 15, 2006
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1(ENA~ SKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-12
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCII, THAT THE LAND USE TABLE
IN KMC 14.22.010 BE AMENDED TO REMOVE FOOTNOTE 10 FROM THE LAND USE
CATEGORY OF "CHURCHES" IN THE CENTRAL COMMERCIAL (CC) AND GENERAL
COMMERCIAL (GC) ZONES IN THE LAND USE TABLE AND CHANGING "CHURCHES"
FROM A CONDITIONAL USE TO A PRINCIPAL PERMITTED USE IN THE LIGHT
INDUSTRIAL ZONE (II,).
WHEREAS, the Land Use Table is inconsistent because it applies Footnote 10 to the land use
category of "Churches" in the Central Commercial (CC) and General Commercial (CG) but not
in the Limited Commercial (LC) zone; and
WHEREAS, Footnote 10 requires a 30-foot setback to any adjoining street or property line,
which is excessive for a cornmercial-type occupancy in commercial zones such as GC and CC;
and
WHEREAS, churches are a conditional use in the Light Industrial zone (IL) and a principal
permitted use in the other commercial zones; and
WHEREAS, the Light Industrial zone is very similar to the other commercial zones in the Kenai
Zoning Code; and
WHEREAS, amending the Land Use Table to remove Foomote 10 from the land use designation
of "Churches" for the CC and CG zones and changing "Churches" from a conditional use to a
principal permitted use in the II, zone would make the requirements consistent in the
commercial-type zones and is in the best interest of the City.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA recommends that the Kenai Municipal Code be amended by eliminating
Footnote tDfrom the Land Use Table in KMC 14.22.010 as shown in attached Exhibit A.
PASSED BY T'HE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 22nd day of Februarv. 2006.
AT 5T:
:~
\.
,
CHAIRMAN Cv~
FRANK H. MURKOWSKI
~ ~ GOVERNOR
~ GOVERNOR@GOV.STATE.AK.US
.,
~~ ~:
~.~,
\,;L,.-'cnA/./
STATE OF ALASKA
OFFICE OF THE GOVERNOR
JUNEAU
February 16, 2006
The Honorable Pat Porter
Mayor of the City of Kenai
210 Fidalgo Avenue> Suite 200
Kenai, AK 99611
Dear Mayor Porter:
H-
P.O.
JuNEAU.I
(9C.. _" "__
FAX (907) 4653532
W W W.GOV.STATE.AK.US
.
~--(•-;-'~-. ~.;'_
i
FEB 2 I 2006 ~
i ?
i...---'-~°-""_ _e.--~~, .
~E`°~; .1 CI~`l CLEr'~~-
Revenue sharing is an important issue to carefully review during this
legislative session. I am enclosing copies of recent speeches that addressed
this issue. I would like to refer you to pages 12 through 13 in the State of the
Budget address, and pages 6 through 8 in my address to the Alaska Murucipal.
League. As you should note, I am prepazed to support using eanlings from the
Amerada-Hess account for a community dividend.
In addition, I recently challenged the Alaska Municipal League to help me
fmd a recurring source of funds to make up the difference between revenue
sharing and my Amerada-Hess community dividend proposal.
One alternative was the Percent of Market Value proposai covered in
pages 13 through 14 in the State of the Budget speech, and pages 3 through 5
in my address to the Alaska Municipal League speech.
I would like a solution that is sustainable in the long-term and one that
can be supported by the Legislature and the Alaskan voters.
Sincerely yours,
r,t `~~~~ _
Frank H. Murkowski
Governor
Enclosures
cc: Robert W. Corbisier, Special Staff Assistant, Office of the Govemor
State of tY~e Budget Speech
Govemor Frank Fi. Murkowski
January 12, 2006
Introduction
• Tonight I would like to thank the Legislature for your strong support of the
priorities of this administration:
- adding to Alaska's transportation infrastxucture, with the approval of
last year's capital budget which relieved significant congestion in the
Mat-Su Valley, Anchorage, Kenai and Fairbanks
- increasing education funding by 22% over the last three years and
advance funding this year's education budget
- taking care of our schools by approving funds to cover all of the 141
projects on the deferred maintenance list - for the first time ever
- assisting small businesses by approving workers' compensation
reform
- reforming our state employee pension system with a defined
contribution plan
- streamlining pemiitting by
- moving the Division of Governmental Co-ordination to the
Department of Natural Resources
- modernization of the Coastal Zone Management Program
• And there is more to do.
• On Tuesday, I shared with you the four main priorities of this adrninistration
going forward:
- building the gas pipeline and refonnirig the ELF oil taxation system -
which not oniy will transform the North Slope but also provide
increased state revenues to fund essential public services
- developing the state's transportation infrastructure
Page 1 of 26
Remarks as Prepared
- improving education - both K-12 and the University
- educating the Lower 4$ about Alaska's role in national energy policy
• Tonight I would like to talk about how the budget, which I presented on
December 15~, proposes to fmance these priorities.
• Let me share with you some of the highlights of our adnuniskration to date.
• We moved expeditiously to take control of the reins of state government during
our transition in November - December 2002. That successful transition
positioned us for one of the most successful legislative sessions that any first
year Alaska Governor has experienced. We hit the ground running.
• During my caxnpaign for Governor, I promised to get the state's stagnant
economy moving again, create good-payitig jobs, and pursue an aggressive
resource development agenda if elected Governor. My harshest media critics
would have to agree that as Governor I follow through with action on my
promises even when it is not popular politically.
• Our legislative program is one of the most successfui of any first term
Govemor. We have passed more than 100 Governor's bills in our first three
sessions. This is significantly more than recent adnvnistrations. Most of
these were significant items - regulatory reforms, retirement reform and
workers' compensation.
• Finally, we have recruited one of the most talented and skilled cabinets in
Alaska history; this includes my third floor staff. You will not find a more
professional, qualified group anywhere.
Page 2 of 26
Remarks as Prepared
• And, yes, we have made our share of mistakes, which I acknowledge. Some
say they don't like our sty1e. I say look at the state of our state. Look at our
results. Consider the road map we have put together to use natural resource
development to provide a better quality of life for all Alaskans.
• My budget builds upon our past performance as well as our expected
achievements. Let me share them with you.
Education K-12 Investment
• Last session, we worked together to save $400 nullion of FY05's increased
revenues to help pay for education in FY06 this year. 'This helped assure
educators around Alaska that the money would be there for education. It
was the right thu~g to do and it worked effectively.
• This year, I propose to take $565 million, or half of our FY06 additional
revenues to again advance fund the ec3ucation budget.
• This will give school districts the opportunity to pian for the upcoming year,
knowing the level of state support they can expect. Since K-12 education is
nearly one-third of our operating budget it is important to get education
funding resoived early because it allows school districts to focus on delivering
instructions, retain teaching staff, and not waste time developing multiple
budget scenarios.
• The success of the Alaska Military Youth Academy, Alaska's only state-run
military school, has been awesome. It is one of our very best education
investments ever, saving many kids who couid otherwise face a future with
severe consequences. I am putting $500,000 into the budget to expand the
program with a new facility north of the Alaska Range.
Page 3 of 26
Remarks as Prepared
• And we are doing more. As Comi~iissioner Sampson announced yesterday, we
are proposing a school performance incentive program designed to engage all
school personnel in innovative instruction aimed at raising student
achievement beyond one yeaz of expected growth.
• All of this shows the priority the Legislature and this adiuitiistration places
on education. How many other states have paid ahead for education or have
been as innovative as Alaska has?
• Congratulations. Together we have shown what a Governor and Legislature
committed to education can do. We have worked effectively together to
improve education by investing in our children and holding the education
system accountable for results. No other first term adnv.ni.stration has done
more to advance education. I am very proud of what we together have done
for education over the last three years and what more we can do through
what I am proposing in this budget.
Gas Pipeline Investment
• I also propose that we save $400 million of the additional revenue toward_our
equity share in the gas pipeline. Why?
- As part of our negotiations we will have a 20% ownership share in the
gas and the gas pipeline in exchange for taking our gas in kind.
- If the gas pipeline costs $20 billian to construct, our share of those
costs will be $4 billion.
- Our financial advisors have suggested that we finance $0% of our $4
billion shaze. 'This means that we will need $800 xnillion in cash,
- fihe state will need to put up its funds early to help pay our share of
permitting and other construction-related activities within 60 days of
when a gas pipeline contract is ratified.
Page 4 of 26
Remarks as Frepared
- Given tlvs, I believe it is prudent that we save $400 million of the
FY06 increased revenue by setting it aside for this tremendous
investment in Alaska's future. This is not an expense, it's an
investment that will provide handsome returns.
TAPS Ownership
• I also mentioned in my State of the State last year that it is important for the
state to own a part of the TAPS pipeline. Because the gas pipeline will
transform the North Slope, and our incentives will increase oil production,
ownuzg a portion of the oil pipeline is critical for Alaska.
• Sound fainiliar? Then former Revenue Coimnissioner Eric Wohlforth recently
wrote a very interesting op-ed regarding the late Governor Egan's effort in
1974 for Alaska to own a part of TAPS. Governor Egan's idea passed the
state's House of Representatives that same year, but failed the Senate.
• The TAPS pipeline has recently had its operating permit renewed after a full
EIS by the Bureau of Land Management. The state's royalty oil (12 1/z%) moves
through the pipeline and the state pays a tariff to TAPS. The state can easily
justify acquiring an interest equal to its through put. Payment for the
acquisition cost would come from the tariff adjustment. The state has been in
litigation almost constantly with the TAPS owners over tariff disputes. State
ownership would reduce the likelihood of litigation. Initial contacts have been
made with TAPS owners and there is interest in the proposal. There is every
reason to believe that urith the administration incentive proposal, production
of new $elds, and heavy oil, the TAPS line will be in business another 30 years.
• Our team negotiating the gas pipeline will pursue this once they are done with
their current work and available to negotiate the oil pipeline ownership. I urge
the Resource Commi.ttees to hold hearings on the issue as well.
Page 5 of 26
Remarks as Frepared
Transportation Infrastructure Investments
• I also am proposing to invest $86 snillion of our additional FY06 revenue in
transportation infrastructure to relieve traffic congestion throughout our
state.
• As part of my "Bottleneck Busters" transportation initiative that I announced
in Anchorage in October 2004, I proposed $97 million dollars in state funding
for significant congestion relief projects within the Anchorage, Mat-Su, and
other areas.
• It was a good start, but tackling problems that have built up over many years
takes a multi-year solution.
• The long-range Transportation Plan for Anchorage was recentty completed and
contains a 20-year blueprint of needed projects. It is a good plan, with broad
publicsupport.
• I'm proposing to jump start this partnership with $30 million of state funds
and make a long-term coinnutment to addressing Anchorage's traffic
congestion. TYus will be in addition to the federal funds for the State
TYansportation Improvement Plan, or STIP.
• As recent news events have reminded us, the Seward Highway, especially
between Anchorage and Girdwood, continues to be one of the state's most
dangesous stretches of roadway.
- I have included $12 inill.ion to reconstruct "Windy Gomer," which will
realign this very bad section and add passing lanes.
- It is not only dangerous because it is a heavily traveled two-lane road,
but spotty icing conditions and driver behavior can make it
Page 6 of 26
Remarks as Prepared
exceptionally dangerous. Pve asked DOT to install variable message
and speed limit signs so drivers will be warned when icing conditions
exist and there is a need to slow down.
- And for those drivers that might not pay attention, I've directed the
State Troopers to increase enforcement.
- Further, I have asked that the Commissioners of DOT and Public
Safety designate this section of highway as a"Safety Corridor," much
like we do "Work Zones." Penalties for moving traffic violations in
this Safety Corridor would be doubled.
. I know Anchorage does not have a monopoly on traffic probiems - the Mat Su
Borough's rapid growth requires iuunediate attention. Last year I included
funds to start reconstruction of the Palmer/Wasilla Highway. I am now
proposing $12 million for intersection improvements on that busy road.
• In addition, I also am proposing funds to stas-t work on the Big Lake-Burma
road so we can be ready for construction in 2008.
• I am proposing $8 million to complete paving of K-Beach Road and the Kenai
Spur Highway, projects that we started last year.
. In Kodiak, I am proposing $6 million to complete reconstruction and paving of
the road to the Aerospace Corporation's launch facility.
• In Fairbanks, Pve included $2.5 million for access improvements to the new
fire and police faciliry downtown so that the emergency vehicles will be able to
respond faster and more safely. In addition, I am proposing $6.5 riullion in
funding to continue the repaving of the Richardson Highway south of
Fairbanks that we started last summer.
Page 7 of 26
Remarks as Prepared
• In addition, my proposed FY07 budget inciudes $15 iiullion for maintenance of
the Dalton Highway. Another $27 inillion in work on the Dalton is slated for
this year as part of the STIP.
• I am e~loring the concept with commercial truckers and the Department of
Law to see if there is some way Dalton Highway fees could go directly back into
upgrade and maintenance of the Dalton, which is truly the lifeline of
transportation to the North Siope.
• I am proposing $5.4 million for the new Wood River Bridge near Dillingham.
• Two infrastructure projects that have attracted much of the nation's attention
aze the two bridges. I support the Kiiik Arin crossing and the Gravina Island
Bridge.
• Our state rules prescribe the amount of federal funds we can allocate toward
transportation projects in any one-year. Within this budget I am proposing
we spend the maxiinum amount from the freed-up earmarks that we can on
these projects.
• This means our capital budget will inciude $94 million for Knik Arm crossing
and $91 million for the Gravina Bridge plus the necessary state match.
• I recognize that this is not nearly enough to build these bridges, but I want to
keep both projects moving ahead.
• I have asked my Budget Director to look for additional funding for these
projects from future revenue streams. When we have revenues from our
Page 8 of 26
Remarks as Prepared
gasline flowing, we wi]1 have the ability to underwrite significant portions of
these mega projects.
• All combined, our FY07 transportation budget is $1.3 billion of which $873
milli.on is federal funds - for those who are adding it up.
Deferred Maintenance
• In addition to meeting the transportation needs of the future, the state must
maintain projects that have already been built.
• For too long the state's ever growing list of required maintenance around the
state was not addressed - It was ignored.
• Last session we worked together to change that. Your agreement to fund all
141 school maintenance projects on the Department of Education's list was
significant and we will see much of that work done this upcoming summer.
This is the first admiiiistration working with the Legislature to commit to fund
all back maintenance for our schools. Thank you.
• But there's more work that we need to do. I propose that we invest nearly $45
million of this year's additional revenue to start reducing the backlog of
deferred maintenance in state facilities.
Telling Alaska's Story - As Y described in my State of the State
• My administration intends to work with you and Ted, Lisa, and Don in
fashiorung a plan to tell Alaska's story in the I.ower 48.
• We will start with a more precise assessment of perceptions in the Lower 48
and what information might assist in correcting misperceptions.
Page 9 of 26
Remarks as Prepared
• We will then ask for an RFP to learn, without cost, how to proceed.
• We will evaluate the assessments of perceptions and the RFPs with you, the
Congressional Delegation, and Arctic Power before moving ahead.
• We would also propose having an experienced Alaska communications
organization as part of the National effort. We would of course look to our
major newspapers, T.V., and radio outlets far their professional guidance.
• Some might ask. Can we afford it? The answer is can we afford not to? The
estimated return to the state if AIVWR had passed was one half the estimated
lease bids--the estimates were as high as $5 billion. A return of $2.5 billion
is a pretty good return on a national education effort that succeeds.
High Energy Costs
• While we all appreciate that high oil prices have resulted in a significant
increase in state revenues, we can't forget what that means to the ability of
individual Alaskans to heat their homes.
• As I promised at the AFN Convention last October, tomorrow I will introduce a
supplemental request to fund a number of prograsns that will help Alaskans
this winter, including:
Full funding for Power Cost Equalization;
- Adding state funds to increase the amount available to low income
Alaskans under the Federal Heating Assistance Program; and
- Again providing funds to small cities to purchase bulk fuel.
• Because we're in the middle of winter, it is important that early action be
taken so that assistance can get to those most in need when it's needed. Pray
for a mild winter.
Page 10 of 26
Reznarks as Prepared
Fin Investment, Not a Growth Budget
• I've already discussed how we are investing the additional FY06 revenue to
advance fund K-12 education, to save for ownership in the gas pipeline to
develop and complete local transportation projects, and maintain state
facilities. This is a very conservative and responsible use of these unexpected
revenues.
• Ne~ct year's operating budget is up. Increases include:
- $104 nuilion for increased caseload and costs of the Medicaid
program, which includes the bill to pay the $45 rn.illion cost for the
Fair Share program started under the last administration that the
federal government rejected;
- $90 million for K-12 and $19 inillion for University programs;
- $65 million for increased salary and benefit costs for state employees
include legislative employees, that the Legis2ature has approved.
This includes $34 m.illion for increased retirement system
contributions;
- $33 million to operate and maintain Alaska's transportation system;
(ferries, airports, and roads).
e As you see, retirement costs are a substantial contributor to next year's
budget increase.
- We know these costs will continue to escalate in the foreseeable
future. We are seeing IBM, GM, major airlines, and other businesses
change their retirement systems from defined benefit plans to defined
contribution plans for this very reason.
- Businesses and govenuiient around the country are facing a pension
crisis and Alaska is at the forefront of making the changes necessary
Page 11 of 26
Remarks as Prepared
to cope with that crisis. It was a tough fight but we did the right
thing.
• I am proud of the work we did collectively last year on Senate Bill 141 to help
corral the future costs of the state's retirement systems through a defined
contribution plan for new state employees hired after July 1, 2006.
- I would particulariy like to thank Senator Bert Stedman and
Representative Mike Kelly for taking the lead on this.
- Empioyees under the new plan will have more controi over their
retirement and portability of their plans regardless of whether they
make government service a career.
- While the change was controversial it was the right khing to do.
Iielping Alaska Business - Workers' Compensation Reforaa
• During the last two sessions of the Legisiature we successfully acted together
to reform Alaska workers' compensation laws.
• It was an issue that many advised me was too tough to take up, or too late,
but we proved them wrong - we passed it. __ ___
• What's in it for Alaska small business? Lots.
- We took a step toward reining in increasing medical costs, which is
fair to employees and fair to the health care commuruty.
- We set up an adiiuriistrative appeals board that will increase the
speed with which decisions are made and provide consistency in
those decisions.
• All of this should assist in addressing and arresting the cost of Workers'
compensation insurance.
Page 12 of 26
Remarks as Prepared
• I appreciate everyone's co-operation last year in getting this through the
Legislature. There is no turning back on this issue.
PERS/local governments
e When I spoke before the Alaska Municipal League last November, I stated
that I would again support the state covering local governments increased
retirement system costs, just as we did last session.
• I challenged AML to help identify how these reci.uring costs could be paid
from a recurring fund source like Amerada Hess. Because this is a recurring
increase, it is unwise to simply pay these costs from the general fund--when
you have no assurance yearly contributions can be satisfied.
• Some outside the AML have even suggested that I am blackmailing the AML.
Can anyone take that seriously when we're only asking AML to support good
citizenship?
POMV as a potential solution
• One responsible proposal is the Percent of Market Value (POM~ plan that I
proposed two sessions ago.
• As you recall, in 2004 I convened the Conference of Alaskans in Fairbanks to
make recommendations regarding a fiscal plan for the state.
• As a result of this conference I proposed to:
- Use the percent of market value (POM~ approach to inanage the
Permanent Fund;
- Take 5% of the Permanent Fund's value each year
Page 13 of 26
Remarks as Prepared
- With half going to the dividend
- With 45% going to education, and
- With 5% going to communities
- This approach passed the House but did not pass the Senate.
• Had my proposal been enacted in FY04, $1.8 billion would have been
available to fund education, neariy $200 million would have gone to
communities around the state - without touching one penny of the state's
general fund.
• And over the last two years, Alaskans would have each gotten 52,080 in
Permanent Fund dividends instead of $1, 765.
• And the Permanent Fund would still have grown from $27.4 billion to $32.1
billion.
• It was a great opportunity then and it is a great opporturzity now.
• I will have more to say about this issue later in the session. I really believe
this issue should be put to the people of Alaska on the ballot. I believe
Alaskans are wi11'uig to share a portion of the Permanent Fund to benefit the
whole. We shouldn't be afraid to ask.
Formation of Unorganized Areas
• I recognize that unorganized areas of the state da not have the tax base to
support the services that cormnunities Outside take for granted,
Page 14 of 26
Remarks as Prepared
• As we work to deterinine how to appropriately assist local communities, we
also must ask for a commitment from unorganized areas to increase their
responsibilities.
• We are the only state in the union not served by a comprehensive network of
organized local government. I encourage you to join me in calling upon these
communities to seriously evaluate organizing as a politicai subdivision.
- This is the vision of our state Constitution
- This needs to be accomplished if we are to achieve a reasonable
balance between state financial support and local accountability and
responsibility
- I believe in this so strongly that I am proposing a commuruty
dividend program by which funds will be made available to
communities organized as either a municipality or borough
- To further help, I am also proposing to significantly increase the
amount of state assistance to newly formed boroughs
• I know the Legislature, under the leadership of Senator Gary Stevens and
Representative Bill Thomas, has worked on this issue and I look forwazd to
working with you on your recommendations.
Natural Resource Development and Permitting Reform
• The other night I spoke about how growing the economy will provide great
careers and increased state revenues to fund public services. By completing
the gasline contract, changing the oit tax system, and opening ANWR and
NPR-A, we will be reforming and transforuung the North Slope.
• The Statehood Act looked to natural resource development, rather than ta~ces,
' as the means by which Alaska would pay for essential public services.
Page 15 of 26
Remarks as Prepared
• Together, we have done a lot to create the right cliinate for natural resource
development.
• For example, ~Ve have reformed and modernized perniitting--the oniy
adnunistration in recent years to turn the growing bureaucracy around. We
have established a pernutting framework that protects the public interest yet
reduces delay, needless cost, uncertainty and litigation that all too often
encumber responsible development of our resources.
- We've moved the habitat division from ADF&G to DNR where it is
doing a responsible job of speeding up the pemutting process wYule
still protecting the environment.
- We've moved the Division of Governmental Coordination from the
Governor's office to DNR where it has done a great job of improving
the permitting process.
- Most recently, DNR completed a significant overhaul of the Coastal
Zone Management Plan, which has just been approved by the federal
government.
• We are on schedule to assume control of wastewater permitting from the -
Environxnental Protection Agency nezct year. With Alaskans ruiuiing this
important program, I am confident we are going to see vast improvements in
the speed with which pem-uts are issued.
• For FY07, I am requesting fuxads to take on primacy for drisil~ing water
compliance. This will ensure that Alaska's public water systems will
continue to be regulated by Alaskans and not the federal government.
Page 16 of 26
Remarks as Prepazed
• Since I've taken office, my admiiiistration has introduced, and you have
passed, three key permit reform bills to revise and revitalize the state's
environsnental regulatory program.
• Together, we have eliminated pernlitting backlogs, reduced processing times
and made the rules more rational, while improving pollution control and
environmental protections.
• Our permit reform efforts are paying dividends. Check with any of our
resource industries whether pernutting today is more rational, faster, less
wasteful, and more effective than it was. You will get a positive response.
• My admin.istration is also proposing that the Department of Transportation
and Public Facilities begin a pilot program offered to only five states. We will
perform the National Envirorunental Policy Act function for the Federal
Highway Adnunistration. This should speed up transportation infrastructure
projects.
• We also heard the concerns of a number of Alaskans that allowing
wastewater nuxing zones in salmon spawnulg areas might threaten our
ability to market Alaska salmon.
• That's why the Comtnissioner of the Department of Environmental
Conservation and I, in consultation with the Coirui2issioners of Fish and
Game and Natural Resources, have determined that the state will retain the
current regulatory prohibition on m;~r;ng zones in salmon spawning areas.
• So our policy is balanced - on the one hand we are streaisiluung the
permitting system by removing unnecessary processes and delays. Yet, we
Page 17 of 26
Remarks as Prepared
are retaining the environmental protections necessary to maintain our
resources and way of life.
Mining
• Our permitting changes and other uiitiatives have yielded great results in the
mining jndustry, as well.
• The Pogo Mine has successfully completed its permitting and avoided
lit~gation as a result of our efforts. WitYx your help, we were able to push
back against the envirorunentalists attempt to stop the mine. Five hundred
workers are now completing construction of the Pogo Mine.
• We have worked with federal and state agencies to complete pernutting on
the Kensington Mine near Juneau which will create nearly 200 good paying
jobs. Again, there is environsnental litigation, and again we have intervened
in support of the Forest Service and the mine.
• Our e~pedited permitting effort has increased m;n;ng exploration and
brought new iliuling companies to Alaska. In an all time record, the inining
industry generated $1.6 billion in mineral products and exploration
investment in 2004.
Fishing
• When we came into o~ce the salmon industry had been in a downward spiral
for a number of years. My admixZistration set out to change that:
- I redirected $50 million in federal fiznds obtained bq Senator Stevens
and otu° Delegation to revitalize the industry. I required that industry
match dollar for dollar. The theory was simple, if the industry was
willing to put money into a project, that probably meant it was a goocl
candidate for state help.
Page 18 of 26
Remarks as Prepazed
- Our sustainable managernent approach - recognized as the best
fisheries management regime in the world, is more visible than ever.
For oniy the third time since commerciai salmon fishing began in
Alaska 127 years ago, Alaska's commercial fishermen harvested over
200 million salmon in 2005.
- Wliile salmon is an important component of our fishing industry, it is
also important that the state of Alaska continue to work closely with
the halibut, cod, pollock, shellfish, and crab fishing industry, as well.
• My F`I'07 budget proposes to invest state funds in salmon stock assessment
projects around the state. This will enable the department to improve and
morutor the scientific basis of established escapement goals.
• I've also proposed fiznding to focus on the productivity of sockeye in the
Upper Cook Inlet and Susitina areas.
Timber
• The timber industry has been in decline since the closure of the pulp mills
during the previous administration.
- I am detei-niined to bring back this industry in support of timber-
dependent communities, predominantly in southern Southeast
Alaska.
- We aze preparing a Memorandum of Understanding with the Forest
Service calculated to have state and federal forests officials work
together to make more economic timber available.
- The availability of an economic timber supply will once again make
Southeast Alaska attractive as a place to open a sawmill or a veneer
mill or a fiberboard plant.
- I thank the Forest Service for its cooperation with our adnunistration
in this effort.
Page 19 of 26
Remarks as Prepared
Game Managesnent
I am proud of what my adininistration has been doing in protecting subsistence
rights and managing our wildlife. I want an Alaska where we can continue to
hunt and fish and use the outdoors just as earlier generations of Alaskans have
done.
- We cannot guarantee the well being of our wildlife without a
successful predator control program.
- I will continue our carefully conducted and science- based program of
predator control and I will not be intimidated by threats of a howl-in
or inaccurate reporting of our rnethods and approach by those
outside Alaska.
- Prelunuzary results indicate that this program is working but we need
to continue zt for several years to achieve our goals.
- I am particularly pleased with the recognition by the Alaska
Federation of Natives of the importance of this program to
subsistence hunting.
- I appreciate your continued patience and support as we work to
ensure that all Alaskans have the game resources they need to feed
their families.
• I also will appreciate yaur support for the general funds I have requested for
the Wildlife Conservation Division to restore the mix of federal funds, Fish
and Game funds> and general funds that have traditionally financed theiz
work. The $3 million requested will enable the division to resume adequate
levels of wildlife inventories and studies that will facilitate intensive
management and maximum allocation to consumptive uses.
Page 20 of 26
Remarks as Prepazed
Tourism
• The visitor industry has rebounded from the 9-11 tragedy and we are
proposing additional funding to assist with marketing;
- Last year we funded the increased state contribution as a result of
legislation that reduced the industry's match from 60% to 50%.
- This year we are proposing additional funding to increase mazketing
to independent and international travelers.
• An important issue for tourism is having access to destinations. That is why
we are supporting greater access to important destinations within Alaska,
like Denali National Park through the Stampede Road, Glacier Bay National
Park through additional ferry and cruise ship access, and Wrangell-St. Elias
National Park.
Families and Communities
• The Departrnent of Health and Social Services has done great work to
strengthen fa~nilies and communities throughout the state.
• Important uiitiatives to strengthen fairulies this year include:
The Youth Success Initiative, which is an innovative approach to
reach youth around the state who are at risk of substance abuse,
suicide, or adopting cizminal behavior.
- The `Bring the Kids Home" initiative that will return children from
behavioral health care in out-of-state residential facilities to Alaska
and keep children in-state at community-based care facilities.
Increased funding for substance abuse/FAS prevention that will save
the future health of Alaskans and save funding on treatment.
Page 21 of 26
Remarks as Prepared
• In recent months we have been reminded of the challenge and basic
responsibility of governinents to protect the publids health. For FY07, we
have requested funds for several important initiatives. These include
infectious disease control prepazedness, which includes the Public Health
division's ability to respond appropriately to public health emergencies, such
as plann;ng for pandemic flu and bioterrorism preparedness. We have
included $1.2 million for anti-viral drugs as part of aur preparedness plan.
This is in addition to constructing the new virology lab in Fairbanks that you
approvedlastsession.
• Alaskans should be assured. VVe are acting ahead of these potential crises.
Our Adrniriistration will go to ~vhatever means is necessary to protect the
health of the public.
Public Safety
• I'm especially proud of the work of our crim;nai justice system, particularly
the work of our Alaska State Troopers. We have toughened bootlegging laws
and alcohol seizures are up by 44%.
- In FY05 the Troopers investigated 17 murders and resolved every one
of them. In fact, for the past three calendar years, every murder
investigated by our troopers has been resolved. Much of this success
can be traced back to the work of the scientists in the Crime Lab.
Tius year alane, DNA profiles obtained from over 90 crime scenes
across the state were matched to known offenders.
- Our capital budget proposes fiznding to plan and design an
ezcpansion of the crune lab so we can continue to meet the needs of
municipal and state law enforcement agencies,
• There has been a lot of attention in the news about the devastating effects of
meth. To help stop this piague:
Page 22 of 26
Remazks as Prepared
- 10 Troopers have been assigned to a special investigation drug
enforcement team.
-. In 2005 nearly six pounds of processed meth was seized - a 48%
increase from the year before. We have seen a 32% drop in the
number of ineth labs.
- Thanks to our partnership with local police departments, this is the
first reduction in four years.
• Our'IYoopers do a terrific job for Alaska and deserve our thanks and the
support of us all. Please join me in recognizing Conmiissioner Bill Tandeske,
Colonel Julia Grimes, Lt. Jim Helgoe, Trooper Chris and Trooper Todd
Machacek.
New Judges
• More arrests and more prosecutions mean more cases that go to trial and
now there is a huge backlog of crim;nal cases. Accordingly, I will be
proposing to create four new Superior Court judgeships - two in Anchorage,
one in Palmer and one in Kenai.
Corrections - Mat-Su Prison
• The results of our law enforcement efforts also mean that we are pushing the
capacity of the state correctional system.
• Accordingly, we will be moving forward with the Mat-Su prison as authorized
by Senator Lyda Green's legislation. I want this facility to house all of the
state's prisoners who have extended sentences.
• Regional facilities will primarily house pre-sentenced ofFenders and will be
e~cpanded if necessary as authorized.
Page 23 of 26
Remarks as Prepared
• I want to thank our 850 corrections and probation officers who maintain the
prisons and oversee the activities of the 4900 prisoners housed in Alaska
(another 770 outside Alaska) and the 5900 offenders on probation and parole
in our communitiese
• We have four officers with us tonight in the gallery--prison transportation
officer Michael Fischer, correctional officer Michael Anderson, correctional
officer Sandra Boddy and probation officer David Wilson. And, also with us
tonight is Conmzissioner Marc Antrim. You provide a tremendous public
service. Thank you.
Stand up to Federal Government
• A guiding principle of my adinu2istration has been to stand up for Alaska and
Alaskans in our relationship with the federal government. This advocacy has
taken severat forms.
• I have had spirited conversations with officials of the Interior Depa~tinent and
other federal agencies about various issues affecting Alaska. When
necessary, I have directed the initiation of litigation to protect our interests.
• For exannple, the State brought a lawsuit against the federal government to
conf'u~m our traditional access rights under RS2477. Also, we have
challenged expansive assertions of federal jurisdiction over marine waters,
state selected lands, and certain areas of navigable waters.
• Recently, the state proposed a land exchange with the U.S. Fish and Wa~dlife
Service to permit the construction of a road from King Cove to Cold Bay in
Page 24 of 26
Remarks as Prepared
order to create a safe and certain means of access for local residents. We
have proposed a land exchange for Chirikof Island as weIl.
• We have advised the Interior Department that we intend to aggressively
pursue selection of additional lands in the TAPS Pipeline Corridor since most
of these lands are not needed for right of way purposes.
• In the Wrangell- St. Elias National Park, we have insisted that inholders there
be given reasonable access to their in holdings. And, I have indicated my
desire to improve access into the northern portion of Denali National Park
Preserve. Further, I have directed that improved access to state lands on the
north side of the preseroe via the Stampede Route.
• Further, we have insisted that Alaskans' customary and traditional use of
federal lands be understood and protected in the implementation of ANILCA.
A"one size fits all" approach eznariating from land management in other
parts of the country sunply will not work here.
• In addition, we have advocated Alaska's interest in a number of federal
decision mal~ing processes, including the need for responsible oil and gas
development in NPR-A and the federal OCS.
• Yesterday's announcement by BLM adding 387,000 acres to oil and gas
exploration - Big News!
• Also, there is a necessity for the Environmental Protection Agency to
recognize Alaska's social, economic, and environmental conditions as it
considers new mines and other resource projects. This includes establishing
a region headquarters in Alaska.
Page 25 of 26
Remarks as Prepared
• I will insist that federal agencies recognize Alaska's uruqueness and the
traditional use patterns of our people as they irnplement federal laws of
general applicability.
• For me, preserving the rights and privileges contained in the Alaska
Statehood act is a sacred trust. I ask you to join me in fulfilling that trust
through the actions we take together.
Conclusion
• This will be an historic session of the Legislature.
• Decades from now Alaskans will look back to see whether we got it right.
- Gas pipeline
oil ta:t
- expenditure of $1.2 billion in unanticipated revenue
e They will ask whether we played partisan politics, or did what was right for
Alaska.
• I am proud of our record of accomplishments together and expect that jointly
ure will make those future generations of Alaskans proud - jixst like we are
proud of the 55 Delegates to Alaska's Constitutional Convention.
• Let us join together this session in the quest to achieve mutual contribution
to the greater good of our great state.
Page 26 of 26
Remarks as Prepazed
Speech .Presented to the Alaska Municipal League
Governor Frank H. Murkowski
OMB Director Cheryt Frasca
November 10, 2005 - 1 p.m.
GOVERNOR
Itttro
Three years ago this month, as Governor-elect I received copy of the
Dept. of Revenue's just published Revenue Forecast (dated Nov. 26,
2002). It got my attention.
The forecast, authored by Corriirussioner Wil Condon, predicted among
other things that by this month, November 2005, the last dollar
remainin.g in the state's Constitutional Budget Reserve would be spent
(that is, if the state were to continue spending at the same level it had
over the previous decade).
The report said state spending would exceed projected revenue that year
by $800 million.
The budget reserve account was down to $1.8 billion and not expected to
last more than three years.
It looked like we had inherited an inevitable train wreck.
Choices for the new administration, according to Condon, boiled down to:
i. adopt a broad-base tax (state income taz~),
2. develop other ways to increase state revenue,
3. make significant cuts to state spending,
4. or level with Alaskans that the time had come to use some of the
annual earni.ngs of the Permanent Fund.
We could no longer spend more than we were generating in revenue. The
job of Governor was to make tough decisions.
Cheryl will quickly take you back to a snap shot at the bleak future we
had inherited and the realities of the budget decisions we faced.
CHERYL:
Review power point slides
1
G0~7ERNOR:
Murkowski Admin's Response
My administration tovk seriousiy that report and its advice. We moved on
three of the four recommendations.
The one we didn't move on was a state individual income tax. My
decision was to save that idea as a last resort.
^ I don't favor an income tax because it takes away money earned by
people, reduces a family's discretionary spending, and hurts the
economy as a result.
We did, however, act on the other recommendations:
We iuutiated a number of new incentive programs aimed at attracting
private investment to Alaska for oil expioration, inining, timber, fisheries,
tourism.
^ We opened new areas of the state for resource development, such
as the AK Perunsula oil and gas lease sale.
^ And we started an all-out effort to get North Slope gas moving to
market.
We also made a number of very di€ficult decisions our first year to put
the brakes on state deficit spending.
• We knew that programs eliinulated or reduced would generate
howls of protest from our friends - and they did.
• But we also knew that we had to reverse course iirxxnediately -- not
wait for the budget reserve account to run out and leave the state
facing draconian cuts.
We made every effort to soften the blow of each program cut.
. For instance, in place of longevity bonus program we initiated a
needs-based senior assistance program and aprescription assistance
program.
These programs have been recognized by the national seniar
advocacy group AARP-as being among the best in the nation.
2
• We also attempted to replace Municipal Revenue sharing with what
promised to be a long-term, generously funded community dividend
program.
• We almost succeeded.
I'm referring to our POMV proposal - and the use of some of the eaniings
of the Permanent Fund.
• You'll recall the Percent of Market Value proposal - POMV For short
-would have based the annual payout from the Permanent Fund
on a fixed percentage of the average five-year eaniings of the Fund.
(This is how a majority of major trusts across the nation compute
their annual payouts.)
TO CHERYL to talk further about POMV.
The Governor's proposal was to use half of this payout for the PF
dividend program, 45% for education, and 5% for a community dividend
program.
Let's fast forward a bit, assume citizens approved the constitutional
amendment, the program was in place today, and we had a Permanent
Fund with a five year average of $30 billion.
Under such a scenario, $1.5 billion would be available for distribution.
• Of that amount, 50%--or $750 rnillion would be going for
dividends-putting dividend checks at about $1,200.00
• Another $675 nvllion would go to fund education
• And $75 million would be distributed as a community dividend.
As you can see, under this scenario local governments could receive
considerably more each year than they received in the past
These annual payments would have been mandated by the Constitution
and not subject to the whims of the worid's oil prices.
~vo years ago when this proposal was under legislative consideration, we
anticipated strong grass roots support because it was structured to
substantially benefit local schools and local govemments.
3
We were disappointed.
There were resolutions of support from local communities - including the
AML, but there wasn't much evidence that legislators were receiving
strong messages from home.
As too often happens in Alaska, the issue ignited partisan bickering and
public posturing about defending the dividend.
It appeared that this kind of criticism convinced some legislakors to duck
the issue aitogether.
The measure passed the House, not the Senate. We don't know how
voters would have come down on it.
They didn't get the chance to vote.
The POMV proposai is still out there. It is a peniiaxzent solution.
• Do you want it and will you support it?
• Will your communities pass a resolution requesting that it again
be considered this ne~ct legislative session?
• Or do you have another solution?
GOVERNOR
WII.L SAME FIAPPEN ON GAS LINE?
My purpose in reviewing this bit of history, is to point out that there are
occasions when it is incumbent on Alaska's leaders to put politics aside
and work together in order to achieve our critical objective-a permanent
funding mechanism.
Statehood was one of those occasions, so was the Native Clauns Act and
the Pipeline Authorization Act.
I believe the POMV plan also was, and still is, one of those critical
objectives. It's a reasonable solution for long-term annual funding
obligation for education and local communities.
Unfortunately, it was also too good of a target for partisan posturing,
which ultimately killed it.
That's what happened with POMV two years ago -
And if we're not careful, it's what could happen again with Alaska's gas
pipeline.
WHAT'S PIPELINE WORTH?
Semi-annual revenue projections issued during the previous
administration estimated that a gas pipeline would bring the state
additional revenue in the amount of $200 nullion to $400 million a year.
That's a lot of money, but compared to North Slope oil revenue, it's not
that much.
We've been working on a better potential for the state.
I'm still not abie to discuss specific details of the contract under
negotiation with the producers, but I can tell you we're not tall~irig about
$200 million to $400 inillion for the state anymore.
By including a partial ownership investment for the state, we are looking
at annual revenue from that gas pipeline of between $2 billion and $3
billion a year for 30 to 50 years or more.
$2 to $3 billion is pretty close to what North Slope oil has been
generating over the past quarter of a century.
Consider the benefits when we succeed in finishing our contract that will
deliver this revenue to Alaska.
We'll still have North Slope oil revenue coming in, and the likelihood of
new revenue sources in NPRA and ANWR, and maybe gas or oil
production from the Alaska Peninsula.
Future Legislatures will get to decide how all that revenue is diwied up -
but it will be a much more pleasant assignment than deciding which
programs had to be cut -as this admuzistration faced.
We are close to completing such an agreement.
But I am concerned that some of the unu7formed criticism we've been
hearing could stall the progress being made.
I've explained the situation a thousand times already and will again:
5
• The public will have its opportunity to evaluate the whole package
once it's completed.
• Then the Legislature will make the final decision on whether it's
best for Alaska.
There will be plenty of time for that once you evaluate the whole package
and should you still have your concerns.
My responsibility under the law is to present a contract that I believe is
in the state's best interests-and that's just the first step in the approval
process.
Just last week I met with the premiers of the Yukon Territory, British
Columbia and Alberta in Vancouver on the gasline. Our efforts were
focused on how to avoid litigation and address the concerns of the First
Nations people.
We also discussed a proposal to share a corridor for a railroad extension
and that could carry a fiber optic communication system.
To avoid delays the premiers and I agreed to set up a working group to
expedite these discussions.
LOOKING TO TODAY
I recognize that local governments face challenges similar to the state in
meeting the expectations of citizens and balancing local budgets.
I still believe that finding a sustainable funding source for assistance to
local governments and education is a good idea and believe that you
agree.
Cheryl is going to describe a proposed option that could partially get us
there.
CHERYL
CommunitU Dividend Proqram
Reeognize number of ideas under discussion
Speciai conunittee on local government chaired by Sen. Gary
Stevens
6
An unportant consideration is finding a stable fund source.
Accordingly, a proposai is to fund the community dividend program from
the annual interest earnings of the Amerada Hess account (estimated at
$27 inillion for FY 07). (Rep. Kevin Meyer been suggestin~
Under this proposal, $10 rriillion would provide a base grant to
municipalities and boroughs.
• All boroughs get $50 thousand
• Cities would get between $25 thousand and $40 thousand based
on population.
REP ROKEBERG LEGISLATION PROPOSES SUCH A DISTRIBUTION
Balance remairiirig would then be distributed to these communities on a
per capita basis
Increase amount of organszationai grants to those that become a
borough (currently these grants are $300 thousand):
• Year one grant would be $1 irullion
• Year two grant would $1 million
• Year three grant would be $500 thousand
After paying for the first distribution and the organizational grants,
balance remaining would be distributed to boroughs on a per capita
basis. Funds are to be used for traditional basic services such as public
safety, road maintenance, fuel and education.
Also RECOGNIZE that you are concerned about the looming liability to
the retirement system. Last year the state paid some $18 million on
behalf of local governments. But there's a second 5% increase that
comes due in FY 07.
Governor will propose in FY 2007 that the state again pay this increase.
This will mean another $38 m.illion on behaLf of local govennnents in FY
07.
It's important to recognize the state is abie to do this because of higher
state revenues. But the liability is not going away.
Last session we made strides in stopping the hemorrhaging with passage
of SB 141 and the start of a Defined Contribution program for employees
hired after next July lst,
7
But that doesn't lessen today's obligations and it's especially important
that you understand that the state's ability to make these payments on
behalf of local govenzrrients may not always be possible.
We are pleased today, though, to announce the Governor's comnutments
to assist local governments.
These two programs combined can provide $65 iniliion in tax relief to
cities and boroughs throughout Alaska.
Suggest that rather than putting all your lobbying efforts into one-time,
ad hoc appropriations, why not work to put in place a long-term funding
source for your communities?
You can help make it happen by asking your legislators to suppoz-t a
permanent solution.
We can accomplish these goals by workizig together.
8
ZA-LS0187\G
HOUSE BILL NO. 28
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE MOSES
Introduced: 1/10/OS
Referred: Community and Regional Affairs, State Affairs, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the municipal dividend program; and providing for an effective
2 date."
3 BE IT ENACTED BY THE LEGISLATURE OF THE 5TATE OF ALASKA:
4 * Section 1. AS 29.60 is amended by adding new sections to read:
5 Article 10. Municipal Divide~d Program.
6 Sec. 29.60.800. Municipal dividend fund. There is established in the
7 department the municipal dividend fund consisting of money transferred to the fund
8 under AS 37.13.145(e). Subject to appropriations for the purpose, the amount
9 transferred to Yhe fund shall be distributed by the department as dividends to
10 municipalities for each fiscal year.
11 Sea 29.60.810. Amount of municipal dividends. (a) The amount of a
12 municipal dividend for a fiscal year equals $250 for each resident of the municipality.
13 The population of each municipality shall be determined annually by using the latest
14 numbers of permanent fund dividend recipients or other population data that, in the
HB0028a -1- HB 28
New Text Underlined IDELETED TEXT BRACXETEDj
24-LS0187\G
I judgment of the department, is reliable. In determining the population of a borough,
2 the population of all cities in the borough and of all municipalities described under (d)
3 of this section in the borough shall be deducted from Che total population of the
4 borough.
5 (b) Notwithstanding (a) of this section, the minimum amount of a municipal
6 dividend for each municipality is $40,000.
7 (c) If the amount appropriated is not sufficient to fully fund municipal
8 dividends Por a fiscal year under (a) and (b) of this section, the amount of each
9 dividend shall be reduced on a pro-rata basis.
10 (d) In this section, "municipality" includes a municipality organized under
11 federal law as an [ndian reserve that existed before enactment of 43 U.S.C. 1618(a)
12 and is continued in existence under that subsection.
13 * Sec. 2. AS 37.13.145 is amended by adding a new subsection to read:
14 (e) After the transfers under (b) and (c) of this section, on June 30 of each
15 year, the corparation shall transfer from the earnings reserve account to the municipal
16 dividend fund established under AS 29.60.800 the amount needed to fund municipal
17 dividends far the next fiscal yeax, or the balance in the earnings reserve account,
18 whichever is less.
19 * Sec. 3. This Act takes effect June 30, 2005.
xs xa -a- xsoozs~
New Text Underlined (DELETED TEXT BRACXETED]
24-LSOS17\Y
CS FOR HOUSE BILL NO. 144(STA)
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-FOURTH LEGISLATURE - SECOND SESSION
SY THE HOUSE STATE ArFAIRS COMMITTEE
Offered: 4/8/OS
Refereed: Finance
Spousor(s): REPRESENTATIVES TAOMAS, Foster
A BILL
FOR AN ACT ENTITLED
1
2
"An Act authorizing an advisory vote on whether income of the Alaska permanent fund
in the earnings reserve account should be used for a community dividend program."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
5 to read:
6 LEGISLATIVF, INTENT. It is the intent of the legislature that regulations adopted to
7 implement AS 29.60.140(b) also be applied to the community dividend program.
8 * Sec. 2. The uncodified law of the SYate of Alaska is amended by adding a new section to
9 read:
10 ADVISORY VOTE. At the next generai election, in compliance with the election
11 ]aws of the state, the lieutenant governor shall place before the qualified voters of the state a
12 question advisory to the legislature and the governor. Notwithstanding AS 15.60.005 relating
13 to preparation of the ballot proposition, the question shall appear on the ballot in the following
14 form:
HB0144b -1- CSHB 144(STA)
New Text Underlined (DELETED TEXT BRACKETED]
24-LS0517\Y
1 QUESTION
2 The community dividend program, if it is established, would annually
3 use up to $150,000,000 to pay a community dividend to each rnunicipality and
4 to each unincorparated community in the unorganized borough where 25 or
5 more people reside as a social unit. Each municipality would receive $50,000,
6 and each unincorporated community would receive $25,000. The remaining
7 balance would be shared by each municipality on a per capita basis. The
8 community dividend may be used for local tax relief or for any other public
9 purpose by the municipality or community.
10 The community dividend program would be funded with income from
I1 the Alaska permanent fund that is in Yhe earnings reserve account.
12 Appropriations for the community dividend program would be made only after
13 appropriations are made each year to fund the permanent fund dividend
14 program and to provide for inflation-proofing the principal of the Alaska
15 permanent fund.
16 Shall the legislature appropriate up to $150,OOQ000 annually from the
17 income of the Alaska permanent fund that is in the earnings reserve account for
18 the community dividend program?
19 Yes [ ] No [ ]
CSHB 144(STA) -2- HB0144b
New Text Underlined (DELETED TERT BRACKETED]
CTTY OF KENAI ' ° - ~
FY 2007 BUDGET CALENDAR
December 19, 2005 Budget Preparation Packets Distributed
January 6, 2006 Overtime and New Positions Due to Finance
January 13 City Administrator Decides On New Position Requests By
This Date
January 16 - Feb 03 Finance Department Develops Revenue and Personnel
Expense Estimates, Budget Formats & Tables
January 20 Departmentai Budget Submissions Due to Finance
February 14 - 20 Budget Draft Reviewed by Department Heads
February 21 Consolidated Budget Submitted To Administrator
March 13 - 17 Department Head Meetings With Administrator
March 27 Administrator's Budget Draft Finalized
______$ April 5 Budget Package to Council
April 10 Council Budget Work Session
Additional meetings to be scheduled as needed
May 3 Motion to Set City Attomey and City Cierk Pay, if
Changing
May 12 Council Work Sessions Completed
May 17 Introduction of Budget Ordinance
May 24 Publish Notice 7 days prior to Public Hearing
dune 7 Public Hearing of Budget Ordinance
June 7 Mill Rate Resolution Adopted
Must be provided to the Borough by 6/ 15
June 23 Publication & Distribution of Budget Compieted
Finance website updated
Aprii 2006
COUNCIL/COMMISSION MEETING CALENDAR
Mar 2006 May 2006 1
S M T W'f F S S M T W T F S
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L-6
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CAAMBERS
February 8, 2006 -'7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Swearing in of New Commissioner
c. Agenda Approval
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no sepazate discussion of
these items uniess a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normai sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *January 25, 2006
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ06-10 - Preliminary Piat - Spruce Shadows Subdivision - Memtt Addition - Plat
submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
5. PUBLIC FIEARINGS:
a. PZ06-09-An application for a Conditional Use Permit for an Off-Site Catering Business
far the property described as KN T06N Ri l W S 34 NWl/4 SWI/4 SWl/4 NE1/4 (601
Davidson Street), Kenai, Alaska. Application submitted by Laura Ganshow dba The
Family Table, 405 Birch Street, Kenai, Alaska.
b. PZ06-11 - A resolution of the Pianning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that KMC 14.20.290 be amended to clarify which
issues may be appealed to the Boazd of Adjustment and setting forth rules regazding who
has standing to bring appeals.
6. OLD BUSINESS:
a. PZ06-08-An appiication for a Conditional Use Pemut for an Off-Site Catering Business
for the property described as KN T06N Rl l W S 34 NWl/4 SWi/4 SWi/4 NE1/4 (601
Davidson Street), Kenai, Alaska. Appiication submitted by Robin BeDunnah dba as
Heavenly Delights, P.O. Box 2676, Kenai, Alaska. (Postponed from danuary 25, 2006.)
- Application withdrawn by appticant.
b. Notice to reconsider - PZ06-O1- An application to rezone pazcels located between Ross
Street & North Fern Street as shown on Attachment A(on file) from Rurai Residenrial
and General Commercial to Limited Commercial. Application submitted by John
Haznmelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo
Avenue, Kenai, Alaska. (Reconsideration request given by Commissioner Eidridge.)
7. NEW BUSINESS:
a. Lease Application - Mazk E. Lockwood d/b/a Kenai Self-Storage/Tract B, Gusty
Subdivision No. 2- Discussion and Recommendation.
8. PENDIIVG ITEMS:
a. PZOS-16 - An application to rezone the azea known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by 7ohn Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Letter accepting Commissioner Hammelman's resignation
b. Zoning Bulletin (1/10/06)
13. COMMISSION COMMENTS & QUESTIONS:
14. AD.TOURNMEN'I":
Work Session Immediately Foliowing Regular
Meeting - Development of a Mixed Use Overlay
Zone - Discussion
CETY OF KENAI
PLANNING & ZONING COMMISSYON
CITY COUNCIL CIiAMBERS
JANUARY 25, 2006 - 7:00 P.M.
CHAIR NELSON AMEN, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Amen called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Comxnissioners present: S. Romain, N. Amen, P. Bryson, L. Chase, B. Eldridge, J.
'I~vait
Others present: Council Member Ross, City Planner Kebschull, Depaztment
Assistant Carver, BuIlding Official Springer, Jim Jenckes, and Contract Secretary B.
Roper
A quorum was present.
1-b. Swearing in of New Cornmissioner
City Pianner Kebschull administered the Oath of Office to newly appointed
Commissioner James Jenckes. Commissioner Jenckes took his seat on the dais.
1-c. Ageada Approval
MOTYON:
Commissioner Bryson MOVED to approve the agenda and requested UNANIMOUS
CONSENT. Commissioner Eldridge SECONDED the motion. There were no
objections. SO ORDERED.
1-c. Consent Agenda
MOTYON:
Commissioner Eldridge MOVED to approve the consent agenda. Commissioner
Bryson SECONDED the motion.
AMENDED MOTION:
Commissioner Bryson MOVED to amend the main motion
Approval of Minutes be removed from the Consent Agenda.
SECONDED the motion.
and requested Item 2,
Commissiones Eldridge
VOTE ON THE AMENDED MOTION:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN AMENDED MOTION:
Romain Yes Arnen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
'ltvait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 2: APPROVAL OF MINUTES -- January 25, 2006
Chairman Amen requested a correction on page 10, VOTE ON MAIN MOTION AS
AMENDED. He noted, the motion was not unanimously passed as there was one 'no'
vote.
MOTION:
Commissioner Eldridge MOVED to approve the minutes of January 25, 2006 as
corrected. Commissioner Jenckes SECONDED the motion.
VOTE:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
'I`wait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 3: 3CHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSYDERATYON OF PLATS
4-a. PZ06-10 - Preliminary Plat - Spruce Shadows Subdivision - Merritt
Addition - Piat submitted by Integrity Surveys, 8195 Kenai Spur
Highway, Kenai, Alaska.
Kebschull noted the following:
The piat removes lots lines to create one large parcel.
The resuiting lot size meets the rural residentiai zone requirements. -
Public water and sewer is available.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 2
• Staff recommends approval if the street name is conected from Copper
Lane to Baker Street and the City is provided with verification there aze no
encroachments.
MOTYON:
Commissioner Bryson MOVED to approve PZ06-10 adding staff recommendations and
Commissioner Eldridge SECONDED the motion.
VOTE:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
5-a. PZ06-09-An application for a Condifionai Use Perxnit for an Off-Site
Catering Business for the property described as KN T06N Rl 1W S 34
NW1/4 SW1/4 SW1/4 NEi/4 (601 Davidson Street), Kenai, Alaska.
Application submitted by Laura Ganshow dba The Famiiy Table, 405
Birch Street, Kenai, Alaska.
Commissioner Chase stated she wou2d abstain from voting due to a conflict.
Commissioner Romain stated he would abstain as well. When asked the type of
conflict, Commissioner Romain indicated there were potential financial conflicts.
Kebschull provided a brief history of the Conditional Use Permits for this property
noting the applicant originally had not planned to provide off-site catering but had
since decided to expand the current business to include off-site catering. Kebschull
also noted the following;
• The use is consistent with the purpose of the chapter and the purposes
and intent of the zoning district.
• The value of the adjoining property and neighborhood would not be
significantly unpaired.
• The proposed use is in harmony with the Comprehensive Plan.
• Public services and utitities are adequate to serve the proposed use.
• The proposed uses will not be harmful to the public safety, health and
welfare of the area.
• A similar business has operated frorn this properiy in the past with no
complaints.
• Applications for Conditional Use Permits must have approval of the legal
property owner according to KMC 14.20.150(b)(2) "Ve~cation by the owner of the
property concerned if other than the applicant." At the time of the application it was
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 3
believed the applicant had approval of the property owner, however a letter had since
been received from the property owner withdrawing his approvai far an off-site
catering business from this location.
• Because the application no longer meets the requirements of KMC 14-
20.150(b)(2), staff recommended the application be denied.
MOTYON:
Commissioner Eldridge MOVED to approve PZ06-09 and Commissioner'Itvait
SECONDED the motion.
Amen opened the pub2ic hearing at 7:12 p.m.
Laura Gaashow, 1611 Aliak Drive, Keaai, AK 99611 - Ms. Ganshow stated the
following:
• She is part-owner of the Fanuly Table.
• She is in disagreement with Mr. McLennan's decision to take back his
permission to allow the Family Table to perform the off-site catering.
• Noted Mr. McLennan provided pernussion several times to inciude the
lease which states the lease property shall be used or occupied for the purpose of a
dinner/meal catering business and any acdvity related thereto.
• There was also a letter dated December 1, 2005 to the Planning & Zoning
Commission indicating there had been no change to the type of business, the cunent
owners will continue to provide faxnily style dinners to the community as well as
catering services.
• Mr. McLennan stated residential concerns for his change of mind but his
residential concems were related to the current business as well.
• Mr. McLennan knew of the concerns when he leased the DEC-certified
commercial kitchen.
She is upset with the back and forth that had come from this.
• Noted there are bids out for catering services and they accepted bids
based on the permission granted my Mr. McLennan.
• Requested pernussion be granted to perform off-site catering from the
commercial business facility.
April Fuik, 560 Wortham Aveaue, Keaai, Alaska 99611 - Ms. Fulk stated:
• She has lived by the business for many years and didnot realize it was
there. She felt there had not been a problem functioning in the neighborhood.
• Stated her concern with McLennan's decision to not grant permission for
the applicant to operate an off-site catering from the facility and suggested the current
permit held by McLennan should be discontinued if he does not grant permission to
the applicant.
Cheney McLennaa, 601 Davidson, Kenai, Alaska - Mr. McLennan stated:
• He is the owner of the facility in question.
Feels he has good standing in the cosnmunity and would not bring that
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 4
to issue.
• He has supported the applicants; there was a lease agreement; his
attorney has concern the applicants' business could go beyond the agreement.
• It is his understanding the agreed-upon lease is invalid as it concerns
subiets and the applicant couid lease the facility to other contractors. With another
Conditional Use Pernut they can put even more subcontractors in the latchen.
• The facility is small and is situated on his residential property and his
attomey has advised him he would have no controi whatsoever over who is in the
building, what they're doing, the hours, etc.
• Until the parties can determine their concerns with the originallease
(which was signed by the applicant) and to come into an agreement, he would not
allow another Conditional Use Perxnit.
• He lives there and cannot have traffic all hours of the day or night.
• Because he sold the business to the applicants, he supports their efforts
to operate the business within agreed upon parameters, however his attorney has
advised him of problems with the original agreement.
• He hopes the current problems can be resolved and a Conditional Use
Permit may be requested in the future.
• When he owned the business, they ran one business at a time out of the
facility and had control of the property; it was his understanding, under the current
Conditional Use Permit his tenants couid have five or six companies subleased and
working there without his knowledge; and, he feels there has been a breakdown of
communication and thought a third-party moderator could assist in resolving the
issue.
Christin Leckwee, 405 Birch Street, Kenai, Alaska - Ms. Leckwee stated:
• She is part-owner of the Family Tabie.
• When they leased the building they were understood it was a commercial
building.
• There were never any concerns stated about tr~c.
• When they signed the lease, they understood they could operate the
business to make money even if it increased traffic flow.
Public hearing was closed at 7:23 p.m,
Bryson asked if the staff recoxnmendation to not approve the application was also the
opinion of the City Attorney and Kebschull replied it was.
VOTE:
Romain Abstain Amen No B son No
Chase Abstain Eldrid e Yes Jenckes No
Twait No
MOTYON FAII.ED.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 5
Amen explained anyone wishing to appeal the decision could do so in writing to the
City Clerk within 15 days.
5-b. P206-11 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recornmending to the Council that KMC 14.20.290
be amended to clarify which issues may be appealed to the Board of
Adjustment and setting forth rules regarding who has standing to bring
appeals.
Kebschull explained the purpose of the resolution.
MOTION:
Commissioner Eldridge MOVED to approve PZ06- i l and Commissioner Chase
SECONDED the motion.
Amen opened the public hearing at 7:26 p.m. There were no comments and the public
hearing was closed.
Eldridge thought this would provide more cl~cation. Council Mernber Ross noted,
Paragraph 5, under A would make changes staff suggests and the Commission should
be aware it would ckaange it so the appeals process would only occur in areas where
they have final decision making authority.
VOTE:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
'Itvait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD SUSINESS
6-A. PZ06-OS--An application for a Conditional Use Permit for an Off-Site
Catering Business for the property described as KN T06N R11W S 34
NW1/4 SW1/4 SWl/4 NE1/4 (601 Davidson Street), Kenai, Alaska.
Application submitted by Robin BeDunnah dba as Heavenly Delights,
P.O. Box 2676, Kenai, Alaska. Postponed from January 25, 2006.
Application was withdrawn by applicant.
6-b. Notice to recoasider - PZO6-O1 - An application to rezone pazcels
located between Ross Street & North Fern Street as shown on
Attachment A(on file) from Rural Residential and General Commercial to
Limited Commercial. Application submitted by John Hammelman,
Chair, Planning 8v Zoning Commission, City of Kenai, 210 Fidaigo
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 6
Avenue, Kenai, Alaska. (Reconsideration request given by Commissioner
Eldridge).
Kebschull explained, she confirmed with the City Clerk and City Attomey the
reconsideration could take place with a motion from Commissioner Eldridge, a second,
and a passing vote by the Coanmission. If the motion to reconsider is approved the
Commission will be considering the original motion,
MOTION:
Commissioner Eldridge MOVED to reconsider PZ06 and Commissioner'Itvait
SECONDED the motion.
Eldridge explained, after reviewing the verbatim provided, he found he had voted
opposite of what he had intended. Eldridge added, he thought the Commission agreed
to exclude only the lots in the residential/subdivision sections because they were all
residential and on subd'avision streets and it was his intention to leave those lots
across the street on the east side of the Kenai Spur Highway as L'united Commercial.
Amen thought his attempt for clarification may have done the opposite; he had made a
statement using Shell Drive as a mazking point as faz as north to south.
VOTE ON MOTION TO RECONSIDER:
Romain Yes Amen Yes B son No
Chase Yes Eldrid e Yes Jenckes Yes
TK'azt Yes
MOTION PASSED.
AMENDED MOTION:
Commissioner Eldridge MOVED to approve PZ06-O1 and Commissioner Chase
SECONDED the motion.
Eldridge stated:
• He is very much in favor the Liuuted Commercial Zone and most of the
testimony provided has been in favor of it as well.
• It was his intent to exclude the subdivision lots because they were the
ones that had complained and realistically they would not be developed commercially
on the Kenai Spur Highway.
• There was testimony in favor of leaving the Limited Commercial
designation on the streets on the east side of the Kenai Spur Highway from Ross Street
all the way past Shell Drive and all the way up to North Fem Street.
MOTION TO AMEND:
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 7
Commissioner Eldridge MOVED to amend the motion to exclude lots 500, 505, 615,
625, 635, 645, 655, 665, 4301, and 4080 on either side of Eagle Rock Drive from the
Limited Commercial Zone. Commissioner Romain SECONDED the motion.
Bryson asked if the exclusion was part of the main motion or the amended motion.
Amen clarified it was made as an amendment to the main motion.
Discussion took place regarding clarification of the specific lots to be excluded from
the Limited Commercial Zone and it was cl~ed the lots were on the west side. It
was also clarified the amendment would not include Lot 5263. Bryson stated the
motion would only addresses the west side of the highway.
VOTE ON AMENDED MOTYON:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
'Itvait Yes
M01°ION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Commissioner Bryson MOVED to exclude parcels lying east of Kenai Spur Highway
and south of Shell Drive from the Limited Commercial Zone. Commissioner Chase
SECONDED the motion.
Bryson ea-plained:
• He felt the small lots had already been created and the rezone could
cause a situation where a business pazk could be developed in the area and the
residential area behind it would be affected.
• He felt it would not be an appropriate zone for the area.
• Noted the area was currently zoned Rural Residential and available for
conditional use applications.
Eldridge noted again that the testimony received earlier was in favor of keeping the
area zoned Limited Commercial and there had been an appeai faled aftes the last
meeting to keep the area Limited Commercial.
Bryson asked staff if the owners of the parcels provided comments regazding the
rezone. Kebschull replied they had not.
VOTE ON AMENDED MOTION:
Romain No Amen Yes B son Yes
Chase No Eldrid e No Jenckes No
Twait No
PLANNING 8v ZONING COIvIMISSION MEETING
FEBRUARY 8, 2006
PAGE 8
MOTION FAILED.
VOTE ON MAIN MOTION AS AMENDED:
Romain Yes Amen No B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
MOTYON PASSED.
ITEM 7: NEW BUSINESS
7-a• Lease Appiication - Mazk E. Lockwood d/b/a Kenai Self-Storage/Tract
B, Gusty Subdivision No. 2- Discussion and Recommendation
Kebschull reviewed the memorandum inciuded in the packet regarding the lease
appiication and noted it appeared the proposed lease would comply with the City's
zorung ordinance, Comprehensive Plan, Airport Master Plan and would be the highest
and best use for the gazcels.
MOTION:
Commissioner Eldridge MOVED to recoxnmend City Council approve the lease
application and Coanmissioner Romain SECONDED the motion.
Discussion followed and Kebschull offered clarification of questions asked, including:
• T'he pazcels were included in the overlay.
• The City could place any special requirement on the lease, but the
applicant would have to follow City requirements for landscaping, etc. and the City is
in the process of updating the landscapsng ordinance.
• The Commission could make any recommendations to City Council.
• The term of the lease requires Phase I to be complete in two yeazs.
• A 55-year lease is normal, however discussions have take place related to
changing lease terms to 30 to 35 yeazs though no amendments had been approved.
VOTE:
Romain Yes Amen Yes B son Yes
Chase Yes Eldrid e Yes Jenckes Yes
Twait Yes
~o~aox PassE~ vrrarrnKOVSr,Y.
ITEM 8: PENDING YTEMS
PLANNING 8s ZONING COMMISSION MEETING
FEBRUARY 8, 2006
PAGE 9
$°a• PZ05-16 - An application to rezone the azea known as Tract C,
Daubenspeck Property Subdivision, (170 Bridge Access Road), from '
suburban residential to general commercial. ApplicaUOn submitted by
John Hammelman, Chair, Planning Sc Zoning
ITEM 9: CODE ENFORCEMENT -- None.
ITEM 10: REPORTS
10-a. City Council -- Council Member Ross noted the action agenda for the
February 1 meeting was included in the packet.
10-b. Borough Planning - No report.
10-c. Administration -- Kebschull reported the following:
• She reminded the Commission of the training scheduled in Anchorage on
March 3.
• The landscaping ordinance will be introduced at Council and a public
hearing will be scheduled for the next Commission meeting. The recommendation is
to remove the landscaping section from the L'ututed Commerciai Zone and include all
landscaping requirements in KMC 14.25.
• There will be a public heasing removing Footnote 10 from the Land Use
Category on churches.
ITEM II: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 12: INFORMATION ITEMS
12-a. Letter accepting Commissioner Hammeiman's resignation
12-b. ZoningBulletin(1/10/06)
ITEM 13: COMMISSION COMMENTS & OUESTYONS
Commissioner Jenckes stated he was glad to be on the Commission.
ITEM 14:
MOTION:
Commissioner Eldridge MOVED to adjourn and Co2nmissioner Bryson SECONDED the
motion. There were no objections. SO ORDEREA
The meeting adjourned at approximately 8:10 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
FEBRUARY8,2006
PAGE 10
~-
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
February 22, 2006 - 7:00 p.m.
1. CALL TO ORDER:
a. Roli Cail
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversiai by
the Commission and will be approved by one motion. There will be no sepazate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *February 8, 2006
3. SCAEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ06-14 - Preliminazy Plat - McKinley Subdivision No. Two (A resubdivision of Lots
79-A & 79-B McKinley Subdivision) - Plat submitted by Whitford Surveying, P.O. Box
4032, Soldotna, Alaska.
5. PUBLIC HEARINGS:
a. PZ06-12 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that the Land Use Table in KMC 14.22.010 be
amended to remove Footnote 10 from the land use category of "Churches" in the Central
Commercial (CC) and General Commerciai (GC) zones in The Land Use Table and
changing "Churches" from a conditional use to a principal permitted use in the Light
Industriai Zone (IL).
b. PZ06-13 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that the existing Landscaping/site plan regulations
at KMC 14.25 and 14.20.115(i) be repealed and replaced with a new KMC 14.25
(Landscaping/Site Pian Regulations).
6. OLD BUSINESS:
7. NEW BUSINESS:
a. Ordinance No. 2146-2006 - An ordinance of the Council of the City of Kenai, Alaska
enacting KMC 13.20.070 entitled "Gomrnercial Building and Property Maintenance."
Discussion.
8. PENDING ITEMS:
a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. State of Alaska - Consistency with Alaska Coastal Management Program
b. Zoning Bulletin (1/10/06)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
FEBRUARY 22, 2006 - 7:00 P.M.
CHAIR NELSON AMEN, PRESIDYNG
MINUTES
dTEM 1: CALL TO ORDER
Chair Amen called the meeting to order at T.00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present: N. Amen, P. Bryson, L. Chase, B. Eldridge, J. Jenckes, J.
7`wait, S. Romain
Others present: Councii Member Massie, City Planner Kebschull,
Depaztment Assistant Carver, Public Works Manager La
Shot, Building Official Springer, and Contract Secretary B.
Roper
A quorum was present.
1-b. Agenda ~ipproval
Commissioner Bryson requested PZ06-09 (and February 8, 2006 packet information)
be added under Old Business as Item 6.a. Bryson explained PZ06-09 was denied at
the last meeting and because additional inforxnation was provided (Cheney McLennan
letter of February 22, 2006), he would be requesting the issue be reconsidered.
MOTION:
Commissioner Bryson MOVED to approve the agenda as amended and requested
UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were
no objections. SO ORDERED.
1-c. Coasent Ageada
MOTION:
Commissioner Eldridge MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Commissioner Chase SECONDED the motion. There were
no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- February 8, 2006
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLYC COMMENT -- None.
ITEM 4: CONSIDERATYON OF PLATS
4-a. P206-14 - Preliminary Plat - McKinley Subdivision No. 'I~vo (A
resubdivision of Lots 79-A & 79-B McKinley Subdivision) - Plat
submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska.
MOTION:
Commissioner Eidridge MOVED to approve PZ06-14 adding staff recommendations
and Commissioner Bryson SECONDED the motion.
Kebschull noted the following:
• Approval of the plat would remove a lot line to create one large lot.
• The resulting Iot size would meet lot size requirements for the Suburban
Residential zone.
• City water and sewer serve the property.
• Removing the lot line will eliminate a non-conforming structure on the
current lot wherein a structure was built across a lot line.
• Staff recommends approval with the requirement that the street name be
corrected from Birch Drive to Birch Street.
Commissioner Eldridge requested staff recommendations be added to his motion.
Second concurred.
VOTE:
Amen Yes B son Yes Chase Yes
Eldrid e Yes Jenckes Yes Twait Yes
Romain Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLYC HEARINGS
5-a. PZO6-12 - A resolution of the Planning and Zorung Commission of the
City of Kenai, Alaska, recommending to the Council that the Land Use
Table in KMC 14.22.010 be amended to remove Footnote 10 from the
land use categnry of "Churches" in the Central Commercial (CC) and
General Commercial (GC) zones in The Land Use Table and changing
"Churches" from a conditional use to a principal pernutted use in the
Light Industrial Zone (ILj.
MOTYON:
PLANNING & ZONING COMMISSION MEETING
FEBRUAI2Y 22, 2006
PAGE 2
Commissioner't~vait MOt7ED to approve PZ06-12 and Commissioner Romain
SECONDED the motion.
Kebschull explained passage of the resolution would amend the Land Use Table to
remove Footnote 10 from the land use category of "churches" in the central
commercial and general commercial zones and would also change "churches" from a
conditional use to a permitted use in the Light Industrial Zone.
Chair Amen opened the public hearing and there were no comments. The public
hearing was closed.
Commissioner Jenckes noted a typographical error in the second to the last paragraph
of the resolution referencing Footnote 19. Kebschull confirmed it was an error and
noted it would be corrected to reference Footnote 10.
It was also suggested the reference to the churches being changed from conditional
use to principal pernutted use be added to the "NOW, THEREFORE" paragraph of the
resolution. Commissioner Bryson noted the item would be addressed by Council and
that the Coxnmission only makes recommendations.
VOTE:
Amen Yes B son Yes Chase Yes
Eldrid e Yes Jenckes Yes ltvait Yes
Romain Yes
MOTION PASSED UNANIMOUSLY.
5-b. PZO6-13 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council that the existing
Landscaping/site plan regulations at KMC 14.25 and 14.20.115(i) be
repealed and repiaced with a new KMC 14.25 (Landscaping/Site Plan
Regulations).
MOTION:
Commissioner Eldridge MOVED to approve PZ06-13 and Commissioner Chase
SECONDED the motion.
Kebschull noted the following:
• Staff would be recommending to Council the existing landscaping/site
plan regulations be repealed and replaced with a new KMC 14.25, Landscaping Plan
Regulations and would delete the L'united Commercial Zone.
• T'he landscape plan had been reviewed and reworked by the Coxnmission
in several work sessions.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 22, 2006
PAGE 3
• A major change to the Commission's recommendations appeared on Page
1 of 4, Item 2, last paragraph, however the rest of the pian remained basically the
same.
Amen requested a definition of overburden and Building Official Springer confirmed it
was the layer of soil. Kebschull noted two sections of the Plan (second section, Limited
Commercial Zone) where the pazagraphs in all capital letters were removed.
Amen opened the public hearing; there were no comments and public heazing closed.
Eldridge noted suggested changes at the recommendation of Mayor Porter and through
the Kenai Economic Development Strategies Action Team as follows:
• Page 2 of 4, Item 14.25.030, Submittal Requirements, item (a), remove
the term "scientific."
• Page 4 of 4, Item 14.25.060, Completion - Landscaping Plan and
Pazagraph 14.25.065, Completion -- Site Plan (KEDS Group did not think the lending
institutions would give loans to projects that could not obtain Certificates of
Occupancy and suggested instead penalties be used if the landscaping is not
completed as required.)
• Item 14.25.080, Expiration be changed to one yeaz rather than 180 days.
Kebschull noted the following:
• The 180 day requirement was in the current code.
• Staff had discussions on upcoming City projects and Public Works
Manager La Shot could give an overview of some of the concerns that may arise, using
the City Shop addition as an example.
• The current Code and the new landscaping/site plan did not address
conservation and recreation land (though there may never be an issue with the
conservation lands, there could be with recreation, an example being those houses
along Lawton by the golf course).
Jack La Shot, Public Works Maaager, City of Kenai -- Mr. La Shot noted the
following:
• The City Shop addition was a good example of a project that could have
some problems, i.e. a proposed addition could result in requiring landscaping and
paving and may not be appropriate for this type of development.
• There is a huge airport project coming up and most of the project is
located within the Conservation Zone but may not be in the future. This project will
require reseeding, paving, and some sort of ground cover.
• The same consideration given to Heavy Industrial should perhaps be
given to Light Industrial; this was excluded from the regulations.
• Enforcement is also a consideration, i.e. would staff be able to adequatelq
enforce the new regulations with curnent staff. Since this is Title 14, it would fall
under the Planning Department.
Eldridge noted the KEDS Group also feit the paving requirement was excessive, i.e.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 22, 2006
PAGE 4
VIP Subdivision; the Spur Highway was fine; and, perhaps a paving requirement
would be appropriate for the Mu~ed Use Zone overlay (the Central Business Districtj.
Bob Springer, Buildiag Official, City of Kenai -- Mr. Springer noted the following:
• The added e~enses to the public for paving is an issue as well as how
the City wouid enfarce certain aspects.
• There is no real good criteria for some of the issues; when certain
projects came to light, each was reviewed individually to see what would be required to
comply with the ordinance.
• There's a problem of interpretation as it would be difficult to allow it for
one person and not another.
• These are issues that could be worked out, criteria needs to be
developed, and the Commission could be begin the process.
Kebschull noted the following:
• She would not support the exclusion of the Light Industrial zones
because some parcels along the airport and Willow Street aze Light Industrial; perhaps
instead of creating a Mixed Use Zone, a Central Commercial Zone would be better;
and, cazeful consideration should be given to what is really wanted in the central city
of Kenai.
• T'here aze azeas on Willow Street, the theater as an example, where there
are potholes, mud, etc., that affects the other properties.
• Paving is important in the downtown area but where the limits should be
set is uncertain.
• Suggested the item could be postponed until staff has more time to
address the concerns.
Eldridge suggested staff take another look at the paving issue, the temposary
occupancy recommendations, and substitute penalties.
MOTION:
Commissioner Bryson MOVED to postpone PZ06-13 until brought back by staff.
Commissioner Eldridge SECONDED the motion.
VOTE:
Amen Yes B son Yes Chase Yes
Eldrid e Yes Jenckes Yes 1`wait Yes
Romain Yes
MOTYON PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS
6-a. Recoasideration - PZ06-09/An application for a Conditional Use Permit
for an Off-Site Catering Business for the property described as KN T06N
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 22, 2006
PAGE 5
R11W S 34 NW1/4 SW1/4 SWl/4 NE1/4 (601 Davidson Street), Kenai,
Alaska. Application submitted by Laura Ganshow dba The Famity Table,
405 Birch Street, Kenai, Alaska.
MOTION:
Commissioner Bryson MOVED for immediate reconsideration of PZ06-09 and
Commissioner Eldridge SECANDED the motion.
Kebschull noted Comrnission was provided with a letter from D. Cheney McLennan
stating the issues had been resolved between he and the Conditional Use Permit
applicant and he approved the issuance of a Conditional Use Permit to the Fanuly
Table for off-site catering.
VOTE ON MOTION TO
Amen Yes B son Yes Chase No
Eldrid e Yes Jenckes Yes Twait Yes
Romain Yes
MOTION PASSED UNAMINOUSLY.
MOTION:
Commissioner Bryson MOVED to approve PZ06-09 and Commissioner Eldridge
SECONDED the motion.
Amen opened the floor for public comment. Because there were no comments, the
public hearing was closed.
Bryson stated his reason for voting against the issue at the last meeting was because
of the lack of approval of the owner. With the owner's approve, he would vote in favor
now. Jenckes stated he was pleased to see the issue had been resolved and would
vote in favor as well.
VOTE:
Amen Yes B son Yes Chase Yes
Eldrid e Yes Jenckes Yes 'Ituait Yes
I Romain Yes
MOTION PASSED UNANIMOUSLY.
Amen noted the appeai process.
YTEM 7: NEW BUSYNESS
PLANNING & ZQNING COMMISSION MEETING
FEBRUARY 22, 2006
PAGE 6
7-a. Discussioa -- Ordinance No. 2146-2006 - An ordinance of the Council of
the City of Kenai, Alaska enacting KMC 13.20.070 entitled °Commercial
Building and Property Maintenance."
Kebschull reported the issue would be before City Council at their next meeting and
requested comments from the Commission. Eldridge suggested an addition to
paragraph 13.10.070, Item b.1.A, stating "Tyvek is not an exterior protective coating."
YTEM S: PENY~YNG YTEMS
$-a. PZ05-16 - An applicadon to rezone the azea known as Tract C,
Daubenspeck Property Subdivision, (170 Bridge Access Road), from
suburban residential to general commerciai. Application submitted by
John Hammelman, Chair, Planning 8v Zoning
ITEM 9: CODE ENFORCEMENT -- None.
ITEM 10: REPORTS
10-a. City Council -- Councilman Massie e~lained the Lockwood application
had been denied by Council because it was not felt the azea was suitable for storage.
10-b. Borough Plaaning -- Commissioner Bryson provided a brief report on
action taken at the Borough's February 13, 2006 meeting.
10-c. Adsninistratioa -- Kebschull reported the following:
• The draft Mixed Use Zone would soon be submitted to the Attomey for
review.
• Referred to the State of Alaska/Notice of Application for the City of Kenai
Airport Project included in the packet and gave a brief report and added, the
application process would bring the City a step cioser to applying for the FAA grant.
• A quontm may not be available for the Mazch 8, 2006 meeting.
Amen polled the Commission and it was deterxnined there would not be a quorum for
the March 8, 2006 meeting and it was requested the meeting be cancelled. It was
deternuned a quorum should be present at the March 22, 2006 meeting.
ITEM II: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 12: INFORMATION ITEMS
12-a. State of Alaska - Consistency with Alaska Coastal Management Program
12-b. Zoning Bulletin (1/ 10/06)
YTEM 13: COMMISSION COMMENTS 8s OUESTIONS
Amen announced his resignation resigning from the Commission as he was being
PLANNING & ZONING COMMISSION MEETING
FESRUARY 22, 2006
PAGE 7
transferred out of state. Bryson thanked Amen for his service.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED to adjourn and Commissioner Chase SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at appro~mately 7:50 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 22, 2006
PAGE 8
L-6
February 24, 2006
Nelson P. Amen
1508 Toyon Way
Kenai, Alaska 99611
City of Kenai
210 Pidalgo Avenuc
Kenai, Alaska 99611
Attn: Mayor Pat Porter
Dear Pat Poner:
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Thank you so much for your support of the Planaing and Zoning Commission during the
past few months. I am confident your professional manageznent style and your great
attitude will conrinue to contribute to Kenai's future successes.
I am writing to r~si$~ as a member of the City of Kenai's Planning and Zoning
Commission, effective immediately. Unfortunately, a recent job change requires my
transferring to San Antonio, Texas. I will miss Kenai and the wonderful persons i have
been privilcged to mect during the last 16 yeazs.
Best Regazds,
G~~Z~:P~4rs.- ~~~.np"1"
Nelson P. A.men, P.E.
JAN-11°2006 01:15 PM TZUMWALT 9072629536 P.01
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KEN.4I BEAUTIFICATION COMM%TTEE MEETYNG
FEBRUARY 14,2006
7:00 P.M.
KENAI COUNCIL CHAMBERS
AGENDA
ITEM 1:
ITEM 2:
ITEM 3:
ITEM 4:
ITEM 5:
ITEM 6:
%TEM '7:
a.
b.
ITEM 8:
a.
b.
c.
YTEM 9:
ITEM 10:
ITEM 11:
a.
b.
c.
ITEM 12:
CALL TO ORDER 8s ROLL CALL
AGENDA APPROVAL
ELECTION OF CHAIR & VICE-CHAIR
APPROVAL OF MEETING SUMMARY -- November 8, 2005
PERSONS SCHEDULED TO BE HEARD
OLD BUSINESS
NEW BUSINESS
Discussion -- Volunteer Plant Day
Discussion -- Winter Banners
REPORTS
Committee Chair
Parks & Recreation Director
Kenai City Council Liaison
4UESTIONS AND COMMENTS
PERSONS NOT SCHEDULED TO BE HEARD
INFORMATION
City Council Action Agenda of January 18 and February l, 2006.
Parks & Recreation Commission Meeting Summary of January 5, 2006.
Updated Membership List
ADJOURNMENT
KENAI BEAUTYFICATION COMMITTEE MEETING
FEBRUARY 14, 2006
7:00 P.M.
KENAI COUNCIL CHAMBERS
CIiAIR MARILYN DIMMICK, PRESIDING
MEETING SUMMARY
ITEM 1: CALL TO ORDER & ROLL CALL
Chair Dimmick called the meeting to order at approximately 7:05 p.m. The roll was
confirmed as follows:
Members present: M. Dimmick, P. Ba~cter, S. Hatch, H. Brown
Members absent: L. Seymour and M. LeFebvre
Others present: Council Member L. Swarner and Parks & Recreation Director B.
Frates
A quorum was present.
ITEM 2: AGENDA APPROVAL
There were no changes to the agenda and it was approved as presented.
ITEM 3: ELECTYON OF CHAIR & VICE-CHAIR
MOTION:
Member Hatch MOVED for Member Dimmick to continue serving as Chair and Member
Brown SECONDED the motion. There were no objections. SO ORDERED.
MOTION:
Member Hatch MOVED for Helen Brown serve as Vice-Chair and Member Baz~ter
SECONDED the motion. There were no objections. SO ORDEI2ED.
ITEM 4: APPROVAL OF MEETING SUMMARY -- November 8, 2005
There were no changes to the meeting summary and it was approved as presented.
ITEM 5: PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSYNESS
7-a• Discussion - Volunteer P1ant Day
Director Frates recommended June 3, 2006 as Volunteer Plant Day.
7-b. Discussion -- Winter Banners
Frates discussed incorporating banners to the street poles next winter and noted:
• The banners would complement the pole lights and provide color during
the winter.
• He recommended standazdizing the lighted poles and banners to provide
more continuity, as opposed to pole decorations of different shapes and sizes.
A review of banner designs, etc. included in the packet took place and a brief
discussion followed. The design suggested by the Committee was a purple banner with
a dove and "peace on earth" written across the bottom.
The Committee requested the issue be discussed further during the Mazch meeting.
ITEM 8: REPORTS
8-a. Committee Chair -- D'unmick suggested advertising Volunteer Plant Day,
making a small presentation of different beds available, and a plant swap.
8-b. Pazks & Recreation Director -- Frates noted:
• A volunteer planting sign-up sheet could be placed at Fireweed Herb
Garden.
• A new Pazks & Grounds Assistant had been hired and was busy with
grooming ski trails.
• Approximately 80% of the plant material had been ordered through
Fireweed Herb Garden.
The Department has been busy with Arctic Winter Games preparation.
8-c. Kenai City Council Liaison -- Council Member Swarner reported the
new city manager would begin work in March and gave an update of council business.
ITEM 9: OUESTIONS AND COMMENTS -- None.
ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 11: INFORMATION
11-a. City Council Action Agenda of January 18 and February 1, 2006.
11-b. Parks & Recreation Commission Meeting Summary of January 5, 2006.
11-c. Updated Membership List
BEAUTIFICATION COMMITTEE MEETING
FEBRUARY 14, 2006
PAGE 2
ITEM 12: ADJOURNMENT
The meeting adjourned at approximately 8:08 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
BEAUTIFICATION COMMTTTEE MEETING
FEBRUARY 14, 2006
PAGE 3
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IH51 Fox Ave.
Fairbanks, Alaska 99701
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City of Kenai
210 Fildalgo Avenue
Kenai, A1 ska 99611-7794
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Februuy 14, 2006
Duriny~Session:
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luneau. AlasYa 9980 L t I82
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Websire: wuw.¢arywilken.com
&Mtil: SenamcGary.Wilken@legissute.ak.us
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I appreciated receiving City of Kenai resolution #2006-03, urging the •
State of Alaska to provide for a sustainable revenue
sharing/community dividend program for all Alaskan communities.
It's important to me to hear from various representative bodies, as well
as from individual citizens, on matters that aze of particular interest to
you. I assure you that when the time comes, I'll take your position
into careful consideration.
Thank you for your resolution. Please stay in touch.
Sincerely,
C~ ~
Gazy Wilken
Senator, Fairbanks
~
Kenai Watershed Forum/Kenai River Festival • PO Box 2937, Soldotna, AK 99669 • www.kenaiwatershed.org
February 13, 2006
Dear Friend of the Kenai River, ~~~~ /
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KEitdi RIV2f F@StiVq~ 20~6 is coming June 10 & i l to the City of Kenai Park Strip. Join our
winnina team (n thts effort! 2005's event was fantastic with an estimated 4,250 peopie in attendance.
Your support helped make this happen and we need your continued support this year!
The KEI1al R1Y@f F@StIVpI is a time to refiect on the imporfance of the Kenai River in our iives; to
`;lebrate its great recreational, economic and educational opportunities; to leam how we can take
zare of the River; and understand our part in the survivai of the Kenai River.
Activities at the Festival
SIKuq'a and the saimon parade • Live Music (aii day) • Hands-on children's science booth
Live Raptors • Puppet shows • Salmon dinners • Local artist vendor booths
Wooden fish models for painting • Saimon hats for kids • Pathways to fishing
Agency & Organization information booths • and much, much more!
There is no entrance fee or charge for any activity! The entire event is sponsored by local businesses
and organizations.
Become a partner in this effort! Numerous volunteers offer their time for the weekend, but
this labor of love is not enough. Your contribution supporfs the Festival activities! On the enciosed
repiy form, we have spelled out all the details of sponsorship and the thanks you will receive in
advertising, newsletters and web sites. Additionally, vour contribution is tax deductible.
let us inciude you as a partner in the K@ndi RIVe~ Fes$ival 2006! Please call if you have any
questions, 907-260-5449. We look forward to working with you!
' c elY. ~ ~ ~
~i„ ~~ ~~„m
t3~e a Stoops ~~ ~ `~ ~A ~
KRF Fundraising Chair ~ ~"
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~A/...L:.... a,...e~l,o. F... 6cnltl~v wnPerctia(Ic nn ttia Kanni Paninci~~n
= Kenai River Festival zoo6
join the fun & inspiration
help maintain the health of this extraordinary river
SPONSORSHIP LEVELS
CORPORATE SPONSOR $2500
CORPORATE SPONSOR levei wiil have their (ogo on the festival t-shirt, mention on live radio remotes,
full size logo appear in ads, newsletters and web site; web link and banner spot at the festivai. (~ue co c-sn~n
printing schedule, corporate sponsors who choose to have their logos on the t-shirts must respond by 3/21/2006 in order to meet printing
deadline.)
MAJOR SPONSOR $1000
MAJOR SPONSOR level wili have mention on live radio remotes; fuil size logo appear in ads, newsietters
and web site; web link and a banner spot at the festivaL
SPONSCR $500
SPONSOR level will have 1/2 size logo appear in ads, newsietters and web site, as weil as a banner spot
at the festival.
CONTRIBUTOR $250
CONTRIBUTOR level will have their name appear in ads, newsietters and web site, as well as a banner
spot at the festival
`. BUSINESS $100 FAMILY $50 INDIVIDUAL $25
6..~~ness, Family and Individual levels will have their name appear in ads, newsletters and web site, as
well as being named at the festival.
ORGANIZATION NAME
CONTACT NAME
CONTACT EMAILADDRESS
MAILING ADDRESS
PHONE NUMBER
AMOUNT OF CONTRIBUTION ENCLOSED
FORM OF PAYMENT:~ Check _ Credit Card CC #
- Signature
Exp. " _
, ~,_... . ..
.,
` PLEASE RETURN ENTIRE SHEET TO:
KENAI WATERSHED FORUM • PO BOX 2937, SO~DOTNA, AK 99669
If you have any questions, please contact Josselyn at 907-260-5449 or josselyn@kenaiwatershed.org
THANK YOU!
A receipt for your tax deductible donation will be sent to you.
501(c)(3) tax number: 91-1829284
IIdFORMATION ITEMS
KENAI CITY COUNCYL MEETING
MARCH 1, 2006
1. U.S. Army Corps of Engineers, Public Notice of Application for Pernut -- Kenai
Municipal Airport.
2. 2/23/06 Public Works Department, Project Status Report.
3. City of Homer Resolution No. 06-15 supporting Senate Bill 193 -- An Act
relating to an optional deferral of municipai property tasces on certain primary
residences owned and occupied by Individuals cvith incomes at or below federal
poverty guidelines for the State, that Amends AS 29.
4. 11/22/O5 T. Schnabl letter regarding Ninilchik high School pazticipation in the
"Close Up Program" in Washington, D.C.
5. 2/24/06 Purchase Orders Between $2,500 and $15,000 for Council Review.
6. 2/ 16/06 Board of Adjustment Hearing Verbatim -- Goodloe/Carlson
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Alaska District
Regulatory Branch (1145b)
805 Frontage Road
Suite 2ooC
Kenai, Alaska 99611-7755
PUfJI1C NOtiCe
of Application
for Permit
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PUBLIC NOTICE DATE:
EXPIRATION DATE:
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~~REFERENCE NUMBER:
WATERWAY:
March 17, 2006
POA-1984-489-P
Kenai River
Interested parties are hereby notified that an application has been received for a
Department of the Army permit for certain work in waters of the IInited States as
described below and ahown on the attached plan.
APPLICANT: City of Kenai, 210 Fidalgo Street, Kenai, Alaska 99611; ~(907) 283-7535
LOCATION: Kenai~Municipal Airport, within Sections 28, 29, 32 and 33, T. 6 N., R.
11 W., Seward Meridian, in Kenai, Alaska; Kenai Peninsula Borough parcel numbers:
041-010-04, 041-010-06, 043-180-41 and 045-010-27, and; Latitude 60.5711°N,
Longitude 151.2486°W.
WORK: The proposed project is to conduct several improvement projects at the
Kenai Municipal Airport. The proposed project would involve: the excavation and
discharge of approximately 200,000 cubic yards (cy) of silt and 350,000 cy of sand
into 11.7 acres of wetlands for the extension and widening of the water runway 1W-
19W, the excavation of approximately 3,000 cubic yards of silt and the backfilling
of approximately SO,OOO cubic yards of fill into approximately 14.7 acres of
wetlands for the construction of an emergency access and maintenance road, the
excavation of approximately 53,000 cy of silt and 15,000 cy of sand and the
placement of approximately 40,000 cy of sand and gravel material into 4.8 acrea of
wetlands to improve the runway safety areas and reconstruct runway 1L-19R, and'the
placement of 30,000 cubic yards of sand and gravel into '7.7 acres of wetland in
order to provide access to runway 1R-19L lease Tote. The combined projects would
impact approximately 38.9 acres of wetlanda.
PURPOSB: The purpose of the proposed project is to enhance safety and bring the
airport into compliance with current Federal Aviation Administration (FAA) design
standards. The proposed projects also enhance the ability to meet the current and
future needs of the Airport by reconstructing the runway 1L-19R pavement,
developing additional aircraft parking apron and lease lote for aviation related
activity. The proposed projects would also provide improved airfield and
vehicular access to these areas and extend the emergency access/maintenance road
` and perimeter/security fencing.
~ ADDZTIONAL INFORMATION: The Kenai Municipal Airport serves scheduled air service,
air taxi, cargo and general aviation activity as well as military training
operations and State firefighting operations. A review of the database and
available office records indicates that since 1984, the Coxps of Engineers has
to the existing drainage way to the south of the proposed project. This proposed
swale would be constructed within uplands and would provide some mitigation for
the loss of hydrology and water quality from the proposed filling of the drainage
way. The proposed swale would mitigate for the loss of 7.7 acres of wetlands.
2. In compliance with the "Memorandum of Agreement Among the Federal Aviation
Administration, U.S. Army Corps of Engineers, Alaska Department of Transportation
and Public Facilities, U.S. Fish and Wildlife Service, and Alaska Department of
Fish and Game Regarding Impacts to Wetland and Other Aquatic Resources, Mitigation
and Airport Improvement Projects in Alaska," a Wetland Avoidance and Minimization
Checklist was completed. The Corps of Engineers, in accordance with this
Memorandum of Agreement, would likely require an in-lieu fee of $500 per acre
($15,000) for the remaining 30 acres of wetlands proposed to be filled. Thie
money would be deposited into the Alaska Wetlands Conservation Fund. However, the
City of Kenai and FAA have offered an in-lieu fee of $1,000 per acre ($30,000) for
the remaining 30 acres of wetlands proposed to be filled. The applicant has
requested that these in-lieu fees be deposited with the Kenai Watershed Forum, a
non-profit organization, to address wetlands and related issues in the Kenai area.
WATER QUALITY CERTZFICATION: A permit for the described work will not be isaued
until a certification or waiver of certification as required under Section 401 of
the Clean Water Act (Public Law 95-217), has been received from the Alaska
Department of Environmental Conservation.
COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal Zone,
Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), requires the applicant
to certify that the described activity affeeting land or water uses in the Coastal
Zone complies with the Alaska Coastal Management Program. A permit will not be
isaued until the Office of Project Management and Permitting, Department of
Natural Resourcea has concurred with the applicant's certification. .
PUBLIC HEARING: Any person may request, in writing, within the comment period
specified in this notice, that a public hearing be held to consider this
application. Requests for public hearings shall state, with particularity,
reasons for holding a public hearing.
CULTURAL RESOURCES: The latest published version of the Alaska Heritage Reaources
Survey (AIiRS) has been consulted for the presence or absence of historic
properties, including those listed in or eligible for inclusion in the National
Register of Historic Places. There are no listed or eligible propertiea in the
vicinity of the worksite. Consultation of the AHRS constitutes the extent of
cultural resource investigations by the District Engineer at this time, and he is
otherwise unaware of the presence of such resources. This application is being
coordinated with the State Historic Preservation office (SHPO). Any commenta SHPO
may have concerning presently unknown archeological or historic data that may be
lost or deatroyed by work under the requested permit will be considered in our
final asseasment of the described work.
ENDANGERED SPECIES: No threatened or endangered species are known to use the
project area. Preliminarily, the described activity will not affect threatened or
endangered species, or their critical habitat deaignated as endangered or
threatened. under the Endangered Species Act of 1973 (87 Stat. 844). This
application is being coordinated with the U.S. Fish and Wildlife Service and the
National Marine Fisheries Service. Any comments they may have concerning
endangered or threatened wildlife or plants or their critical habitat will be
considered in our final assessment of the described work.
fiSSENTIAL FISH HABITATe The proposed work is being evaluated for possible effects .
to Essential Fish Habitat (EFH) pursuant to the Magnuson Stevens Fiahery
Conservation and Management Act of 1996 (MSFCMA), 16 U.S.C. et seq and associated ~~~~~
federal regulations found at 50 CFR 600 Subpart K. The Alaska District includes
areas of EFH as Fishery Management Plans. We have reviewed the January 20, 1999,
3
KENAI CI'I'Y LIIRITS
~ AIRPORT PROPERTY LINF.. .
Name: KENAi MUNICIPAL AIRPORT
Location: KENAI. ALqSKA
Waterway: WETLqND5 TO RYAN AND
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DFPRE$$EU EMERGEtiCY :'41.qlb7LNAtiCE 20AD
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FRANK H. MURKOWSKB, GOVERNOR
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OFFICE OF THE GOVERNOR
DEPT. OF ENVIRONMENTAL CONSERVATION
DIVISION OF -7ATSR
401 Certification Program
Non-Point Source Water Pollution Control Program
NOTICE OF APPLICATION
FOR
STATE WATER QUALITY CERTIFICATION
Any applicant for a federal license or pemut to conduct an activity that might result in a dischazge into
navigable waters, in accordance with Section 401 of the Clean Water Act of 1977 (PL95-217), also must apply
for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will
comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. By
agreement beriveen the U.S. Army Corps of Engineers and the Depariment of Environmental Conservation,
application for a Department of the Army permit to dischazge dredged or fili material into navigable waters
under Section 404 of the Ciean Water Act also may serve as application for State Water Quality Certification.
Notice is hereby given that the appiication for a Department of the Army Permit described in the Coips of
Engineers' Public Notice No. POA-1984489-P, Kenai River, serves as.applicafion for State Water Quality
Certification from the Department of Environmental Conservation.
After reviewing the application, the Department may certify that there is reasonable assurance that the ac6vity,
and any discharge that might result, wili comply with the Clean Water Act, the Alaska Water Quality Standards,
and other applicabte State laws. The Department also may deny or waive certification.
Any person desiring to cdmment on the project with respect to Water Quality Certification may submit written
comments within 30 days of the date of the Corps of Engineer's Public No4ice to:
Department of Environmental Conservation
WQM/401 Certification
555 Cordova Street
Anchorage, Alaska 99501-2617
Telephone: (907} 269-7564
FAX: (90'7) 269-7508
Attaclunent 2
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Project Status Report
A=Aciive
NC=Non•Construction
F=Future
STIP=State Trans. Imp
KK - Keith Kornelis
Jl - Jack La Shot
RS - Robert Springer
MK - Marilyn Kebschuli
Jet - Jan Taylor
W/NC/F/ City Contact Pra)ect Name 3tatus
ST~
A JL Airport Security Fencing Working on closeout.
A JL Airport Security System Worki~g on cioseout.
A MK Airport Supplementai Pianning Council approved concept on plan - proceed with
Assessment implementation
A JL Airport Taxiway "H" Access Completion in Spring.
Parking
A JL Airport Terminal Modifications Change order work.
A JL Contaminated Soils - Shop Use existing funds for sewer main. WCB has
started design. Bid in next two months.
A KK Kenai Boat Launch Received $350,000 grant. Nelson & Associates
Improvements are working on the design and bid specs. Received
Corps Permit. Pre-bid 2/21, Bid 3/7.
A KK Kenai River Bluff Erosion The City has reviewed the draft technical report
Control Project from the Corps. The Corps is receiving funds to
help with the design and answer any questions
from the study and agencies including obtaining
fhe Corps Permit.
A JL Kenai Soccer Fields Bids opened 2/22 for clearing to be completed by
5/1/06.
A KK l.awton Drive Water Main WH4 Ne~son working on design. City is working with
to Swires DEC and Corps on permit. Waiting on WH4
Treatment decision
Thursday, February 23, 2006
Page 1 of 3
A/NC/F/ City Contact Prnject Name 3tatus
ST~
A JL Millennium Square - DEC issuing & monitodng projed - work slated to
Enviromental Study be done by 6/16/06 (EDD Grant) Oasis
Environmental doing work.
A JURS Multi-Purpose Facility Complete - adjusting heaters.
A JL ParallelTaxiway Wintershutdown.
A JL Runway Extension Compieted pubiic input period-permitting. Corps
Environmental Assessment pertnit process underway.
A JL Runway Safety Zone/Extension Meet again w1FAA soon to discuss bidding,
scheduie, phasing eta Bid late March7Apri1.
A KK WH 4 Reviewing new EPA guidelines. Working with
DNR on land purchase issues. Evaluating the two
pilot test programs on water treatment. West
Coast Filters completed a 40-day pilot study in
AugusUSeptember and want to try one in ApnL
Filtro~ics, Sevem Trent, Kinetico, Pureflow
Filtration Systems, and Basin Water are also being
considered as treatment companies.
KK Ames & Dunes Road Kenaitre Indian Tribe paving roads with curbs,
gutters, and sidewatks. Project on hold due to
financiai problems.
KK Angler Drive LID City received petition for paving Angler Dnve.
Preliminary assessment roil was submitted to City
Clerk. City Council did not pass resolution setting
pubiic hearing. Clerk is mailing expta~ation to
property owners.
KK Boating Facility Exit Road Council has approved the tand trade with The
Conservation Fund for the land. Instructions have
been given to Titie Co. Stiil need to find funds to
construct exit road.
Thursday, February 23, 2006 Page 2 of 3
A/NC/F/ City Contact ProJect Name Status
ST~
KK Cuivert Repairs S. Spruce & Boat Launch Road culvert replacement USFWS
Boat Launch Road Grant has been received and funds appropriated.
USFWS has asked for design change which
increases the project cost significantly. Project is
under funded, but USFWS says they will increase
the grant funds. Still waiting on S. Spruce culvert
repair grent.
F JL Maintenance Shop Preliminary plans and specifications complete.
F KK McColium/Aliak LID Public hearing has been set for March 1, 2006.
Property owners cost allocation meeting on
2/21/06.
F KK S. Ames and Thompson Park Property owners are circulatin
LID g petitio~s for LID
F KK Set Net Drive LID There was a public hearing on 11/2/05 for Set Net
Cou~cil directed administration to continue.
STIP KK DOT - Bridge Access Pathway Pathway along Bridge Access Road from K-Beach
to Spur 3.3 miles...Project in environmental
assessment. Oesign scheduied FFY08.
Construction afler FFY09.
Thursday, February 23, 2006
Page 3 of 3
~.~~C • ~
CITY OF HOMER
HOMER, ALASKA
RESOLUTION 06-15
A RESOLtiTION OF THE CITY COUNCIL OF HOMER, ALASKA
IlvT SU'PPORT OF SENATE BILL 193, AN ACT RELATING TO AN
OPTIONAL DEFERRAL OF MUNICII'AL PROPERTY TAXES ON
CERTAL~I PRIMARY RESIDENCES OWNED AND OCCUPIED BY
INDNIDUALS WITH INCOMES AT OR BELOW FEDERAL
POVERTY GUIDELINES FOR THE STATE, THAT AMENDS AS 29.
WHEREAS, Senate Bill 193 is an act relating Co an optional deferral of municipal pxoperty taxes
on certain primary residences owned and occupied by individuals with incomes at or below federal
poverty guidelines for the state; and
WHEREAS, Senate Bill 193 amends Alaska Statute Chapter 29/45 to add a new section
29.45.052, Tax defenal for primary residences; and
WHEREAS, This provides for defenal of property taxes on property that has been occupied for at
lest ten consecutive years as the individuaPs primary resident and whose income is at or below federal
poverty guidelines far th state set by the US Department of Health and Human Services; and
WHEREAS, It aiso states that the individual must apply each year that a deferral is sought and
supply proof of eligibility for the defenal for that year in accordance with the requirements seC out in the
ordnance that authorizes the defenal; and
' WHEREAS, Taxes for a yeaz that are deferred do not become payable until ownership of the
property is transferred from the individuai who obtained the deferral; and
WHEREAS, t\ municipaliry fhat provides for a deferrai of property taxes under the new section,
AS 29.45.052 may not impose interest on the taxes defeaed between the time the deferral is granted and
the time the taxes become payable.
NOW, THEREFORE BE IT RESOLVED that the Homer Ciry Council hereby supports Senate
Bill 193 and urges passage of said Bill.
SE IT FURTHER RESOLVED by the City Council that this Resolution sha11 be senC Co Governor
Frank Murkowski, the Kenai Peninsula Borough Mayor, 7ohn Williams, and all Mayors in the Kenai
Peninsula Borough and senf to the Alaska Municipal Leao e, Senator Gary Stevens, Representative Paul
Seaton, Senator President Ben Stevens, the Speaker of the House John Hams, and the Community and
Regional Affairs and Finance Committees.
~ ~~_ ~~t~ _~~ ~~ ND APPROVED by the Homer City Council this 13th day of February, 2006.
-~
CITY OF HOMER
; FEB ~ 7 2006 ~ .
{ r_ ^: , ,~~' ¢ ^------'----^~ t li ~
f~~L~ -ri ;~ T S C. HORNADAY, MAYOR
AT .
~IARY L. CALHOUN, CMC, CITY CLERK
Fiscal Note: Possible reduction in property tax revenues during any given year.
Info-~
, Tera Schnabl
~ C/O Ninilchik School _ °
Po. BoX 39010 ;
Ninilchik, AK 99639
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November 22, 2005 ~ ~ ;`~`
To Whom It May Concern:
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My name is Tera Schnabl; I am a sophomore at Ninilchik High school. There is a
small group of Ninilchik students who are going to visiY our Nation's capitol, to
participate in the "Close up Program" this spring. Usually only the upper classmen of
Ninilchik are hicky enough to part take in this life changing event. However, through my
leadership experiences throughout 4-H and FFA I was elected to go as a sophomare to
Washington D.C.
This will be Ninilchik's 29`h year of sYudent participation in the program. It's a
chance for our small town students to observe our Nation's capitol and further their
knowledge of how our government works. We will attend this year's program April of
2006. During this intensive week, students will attend seminars with Washington policy
makers and make study visits to government and offices and historical sites. This
program cost for each student, including instruction, travel, room, and meals around
$2,000. Although we are dedicated to making the "Close up" experience available to all
our students, out-of-pocket expenses and minimal, local, fundraising opportunities has
forced fifYeen of the initia120 studenYs Yo drop out of the 2006 program
Please consider this an investment in our community's and Alaska's futures, as
you will be helping out students become more informed and responsible citizens with a
better understanding of the challenges of governing our nation and ourselves.
The "Close Up" Founda2ion" is a non-profit nonpartisan 501~3 organization and
contributions are tax deductible; their federal tax number is 23-7122882. Checks can be
make payable to Ninilchik School if you oh so desire to contribute. If you have any
questions feel free to call our coordinator, Mr. Jerry Byrne, for future information
conceming the "Close Up" program. Mr. Byrne can be reached at Ninilchik High Sehool
at 907-567-3301 or in the evenings at 907-567-3435.
Thanl; you for your time axid consideration.
Sincerely,
Tera Schnabl
Jeny Byme, Close Up Coordinator
Ninilchik ElementarylHigh School
Po. Box 39010
Ninilchik, AK 9963
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BOARD OF ADJUSTMENT HEAIZING
FEBRUARY 16, 2006
6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
BOARD CHAIR PAT PORTER, PRESIDING
Appeal of Pianning 8c Zonircg Commission Deniat of an application for a
ConditionaT Use Permit for cabin rentais (short-term rentals) and guide seru~ce
for the property described as Lot 6, BYock 6, VaUzaYla. Hefghts Subdia~ision Part
5(160 Rich,field Drive), Kenai, Alaska. Application submitted by Larry R.
Carlson d/b/cc Larry's Guide Seruice, 160 Richfield Drive, Kenai, Alaska. Appeal
fited by Larry R CarLson and Wendy J. Goodloe.
Board present: P. Porter, J. Moore, L. Swarner (arriving at 6:14 p.m.), C. Massie,
R. Ross, R. MoIIoy and M. Boyle
Staff present: City Clerk C. Freas, City Attorney C. Graves, J. La Shot, M.
Kebschull, Acting City Manager C. Kopp
Others present: Wendy Goodloe, Appellee
Chair Porter reviewed the instructions for the members of the audience, nodng the
instructions were included in the packet of information provided. Porter also indicated
additional information items for inclusion with the packet of information.
Porter opened the hearing and informed those who wanted to speak to sign in and give
their name and address for the record prior to being swom and giving testimony.
Verbatim beeins:
Porter: Do you want to state your name and address for the record.
Pearce: My name is Loretta Peazce and I'm at 155 Richfield Drive, Kenai.
Porter: Thank you.
Cierk: Do you solemnly sweaz or affirru the testimony you aze about to give in
the case now before this boazd, to be the truth, the whole truth, and nothing but the
truth, under pain and penalty of perjury?
Pearce: I do.
Porter: Thank you. You can be seated.
Peazce. All righty. As you aze aware, most of you, I was here once before. Ah, I
clearly object to this guide service. I live directly, well not exactly directly, off to
adjacent to them, across the street to Wendy Goodloe and her husband Larry, who are
applying for the application.
BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON
FEBRUARY 16, 2006
PAGE 2
Some of the things in her letter state, you know, in her rebuttal, is that people haven't
been, you know, my home to ask to use my telephone. There have, in fact, been
people coming to my home to use my telephone. People have left fish on my door.
There is trash in the neighborhood due to this going on. The only reason it's not being
seen is because I'm out there cleaning it up. You know, they may not see me there,
but all winter long, they're gone. We only have problems in the summer. All winter
long they're gone. There driveway isn't even...I've even wondered whaYs going to
happen to that kzome if it's not, you snow plowed or whatever. This yeaz it has been
snowplowed, but in the past it hasn't been piowed or anything and I thought, if there's
a fire, the house is going to go down.
People have crossed on my property from there. From California, Arizona, quite a few
other places. We come to fmd out they don't even have a license, a previous license to
run this business and now they're applying for a license. It's affected my entire family
from my kids playing out there, having people come over there and confront my
children when they're riding their bikes. They complain about my dog and this is just
seasonal. I should not have to change my lifestyle since I do live there year round.
I have to also let you lrnow that where I do live, a lot of the lots...we own four ar five
lots on the one side, so there aze no other neighbors aimost. We have one neighbor's
on the other side who haven't been there all that long. An empty house and the new
geople in the cabin are there also. I'm the one that gets hit the hardest. When these
clients have been there, even when they were running it without a licensing and
they're stating that they didn't, I'm probably, like I said, the person that called in and
I'm cleazly against this. It has affected my lifestyle. I don't want to have to be quiet.
My kids be quiet because clients are going to go fishing. I don't want to be bothered
all day long. I've never had to put a No Solicitations sign on my door. I'm getting to
that point where I feel I should.
For her to sit here and meet her neighbors firsthand and state, you know, we're
stating all these vicious lies, that's no way to meet a neighbor.
Porter: Excuse me. Excuse me Ms. Peazce, would you piease keep the
comments non-personal.
Pearce: I'm sorry, iYs just...
Porter: It's okay. It's okay.
Pearce: I, I know, you know...
Porter: Please be courteous to that. Thank you.
Pearce: I'm just, you know, I'm just really upset and offended by, you know, you
know, the fact that I'm having to come here again, once again. I'm already cleaning up
BOARD OF ADJUSTMENT HEARING - GOODLOE/CARLSON
FEBRUARY 16, 2006
; PAGE 3
trash. I'm already taking caze of the clients. Yes, they have in fact asked me to give
their car a jump start. I know the City of Kenai has better things to do than, she
states in here, she's never had a complaint against her. Well, she's not the one that's
there, it's the clients that aze there. They're tourists, you know. City of Kenai, we try
really hard. We all invite tourism. We try very hard to take caze of our tourists. You
know, they're going to have better things to do and I'il finish this up, than to heaz
compiaints from me from now on. Every time they come to my home, I'm going to
have to redirect them and let them know, you have to ask your guide service, and, City
of, I know the anunal control and City of Kenai have far better things to do than to
answer my complaints every time d have to help someone out. Pull them out of a
ditch, whatever.
Porter: Okay. Thank you Ms. Pearce for your comment. Is there anyone else
from the general public who would like to give testimony? Please come forward.
C~'~ I'm Susan Carr at 4401 North Dogcvood Road.
Porter: Okay. Can you wxite that on that sheet of paper so we can keep a record
of that?
Can': Slow writer...
Porter: That's okay.
Clerk: Do you solemnly swear or affirm the testimony you are about to give in
the case now before this boazd, to be the truth, the whole truth, and nothing but the
truth, under pain and penalty of perjury? '
Carr: I do.
Porter: Thank you.
Carr: We've lived in the neighborhood since 1980. We have had bears in our
neighborhood since I've been there. We have had a beaz problem there since about
five yeazs ago. We only had that problem since the guides moved into our
neighborhood and started dumping fish, fish waste, and other things down our roads.
That's a real big concern. Our neighborhood is a bear-safety neighborhood. That's
helped, but stuff is still being dumped in the neighborhood.
Wintertime, it's absolutely quiet. ThaYs our neighborhood. We have people going to
work. Summertime, there's two or three in the morning, there's boats being banged
around, people hollering, paztying, and we have to lead our life. These people are on
vacation. We're not and we have to be quiet for them. That's not right. IYs our
neighborhood.
BOARD OF ADJiJSTMENT HEARING -- GOODLOEiCARL50N
FEBRUARY 16, 2006
PAGE 4
I have a business in my home and we conduct our business from eleven until five. It's
quiet. They come. They go and so faz as I know, I've had no complaints. But, there's
more dogs. There's more peopie. More traffic and our road cannot support more
traffic or more people. That's all I have to say.
Porter: Thank you very much. Anymore testimony?
Clerk: Do you solemnly swear or affirm the testimony you are about to give in
the case now before this boazd, to be the truth, the whole truth, and nothing but the
truth, under pain and penalty of perjury?
Bush: I do. Hi. My name is Cathy Bush. I live at 225 Richfield Drive, which is
across the street from where this business is. We've been there since 1983. We've
been through the beaz business and like the lady before me stated, we didn't have
bear problems until just in the last couple of years.
Used to be, we were the only ones back there. We were the first ones on the street.
We've walked, in fact, I can remember us standing up and looldng up every time a car
went down the road cause no cars came down our road.
I don't have a lot of, I've never had any problem from them, but I don't want the
business there. It`s a quiet residential street. When my husband came to look, we
looked for property. We deliberately took the back part so that we would have privacy
because there's nothing behind us. We can heaz people from up on Strawberry, but
thaYs it.
There has been a lot of traffac in the last couple of years and I too have been awakened
by the boats going up the road. I'm 100% against it as a homeowner. I don't want
that in my front yazd. We came here from Anchorage for the peace and quiet and we
love Kenai and we want to keep it that way. There's plenty of other places where
someone could have this type of business. Thank you.
Porter: Thank you. Is there anyone else from the general public? Is there
anybody else from the general public that wants to be heard?
Goodloe: I guess I'll be the last one.
Porter: Okay, that will be fine.
Clerk: Do you solemnly swear or affirm the testimony you are about to give in
the case now befare this boazd, to be the truth, the whole truth, and nothing but the
truth, under pain and penalty of perjury?
Goodloe: I do. Hi, I'm Wendy Goodloe. I'm the applicant for the conditionai use
permit. 160 I2ichfield Drive. Mr. Cazlson and myself, we're appiying for the
conditional use pexxnit to reside in at our home, which we've owned since 1998, and
BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON
FEBRUARY 16, 2006
PAGE 5
operate our guide business out of there which includes offering short-term rentals in
the summertime.
You have a copy of our appeal, my appeal letter, which I believe addresses all the
concerns that you've heard again tonight. The bear situation, the traffic, the garbage,
etc. At the public hearing in January, I believe that you were intentionally misied with
the false and slanderous accusations from the public testimony. There's not one bit of
truth, testimony. It was all outrageous lies. We believe that this was retaliation
for two vicious dog complaints that I myself, yes, I filed with the City of Kenai. And,
you read from my appeal letter, there's no proof or no evidence of complaints of any
kind for any of the activities that we were accused. None, none of them ever
happened. If all these terrible things had been occurring in our neighborhood since
1998, no one's complained to anyone about anything.
Our home, our house, and our property, iYs neat and clean. It's well kept up. And, as
faz as the boat situation, we, we have commercial property elsewhere and we don't, we
don't even fish in this town. We fish in Seward. We fish in Deep Creek. There's no
boat traffic from our home. Zero. We, we don't tow boats back and forth from our
home. They're moored on the river or the ocean. So that's just false.
We've complied with requirements of the Zoning and Planning Commission as
requested and we believe our permit application meets the criteria and as far the
tr~c situafion, seems like the bears and the traffic have been the biggest, that's
where this is all leading.
We've never had any bear trouble at our house. We've been there since '98. We don't
clean fish there. There's not ever been one fish cleaned there. Maybe a fish on the
bazbecue, yes. No fish. All of our fish aze processed at commercial facilities. So, you
can talk to Fish & Game. They've been at my house. We participate in the beaz-proof
garbage can program. There's no bears. I've never seen one. It's just not happening.
As faz as increased traffic, there is no increased traffic. Maybe one vehicle a day might
drive down the road. Well, that's, that's average. So I don't think we're going to
impact the neighborhood whatsoever. We don't bother our neighbors. We run a good
clean business and there's just no grounds to deny the permit.
Porter: Are you finished with your statement?
Goodloe: Yeah, and we feel the decision should be based on the facts and the laws
relevant to this issue and I don't think it should become personal which, you know,
we, we're not going to drag anybody into it. We just, we just want to be left alone and
be allowed work out of our home like we have been for yeazs and yeazs.
Porter: Are there any board members that have, excuse me, Board Member
Ross.
BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON
FEBRUARY 16, 2006
PAGE 6
Ross: You indicate that, have you operated the business there since 1998?
Goodloe: We've owned the home. We're, we're self-employed fishing guides.
Ross: And, and as I went through your filing on your written statement, the
interview, and the application, I'm confused. You refer to it as your home. Do you
physically reside there?
Goodloe: Well, I, I've, I've got a home elsewhere.
Ross: Okay, so during the summer, this is actually a rental. It's not like a bed
an breakfast in your home. I mean, you don't physically reside there during the
summer, your clients do, is that correct?
Goodloe: Well, we do. We, yeah, certain months of the year we do reside there.
Ross: Okay, the application that was submitted, as well as the intexview that
you gave, I believe, on September the 19~, indicate that this is more of a rental
situation where the number of clients would not exceed the three bedrooms, I mean,
from everything I've received...
Goodloe: Oh, oh, I see, I see...
Ross: ...it looks like you don't live there, that...
Goodloe: ...if, if there were people staying there, I would not stay there with them.
Ross: Okay.
Goodloe: No, no. I, like I said, we move, we fish in different areas on the
Peninsula, so there maybe folks that what might want to stay there then I'll be over in
Sewazd or just depending on where we're fishing at the time. So, it wouldn't be like I'd
be staying there and like living with them, no.
Ross: All right, thank you.
Goodloe: But, but I do seside there, you lmow. I'm here right now, so...
Porter: Are there any other questions? Boazd Member Moore.
Moore: Thank you. I just want to get some further ezcplanation of your letter
that you submitted that was, that was mazked up by, according to our memo, a J.
Selinger from A.D.F. & G.
BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON
FEBRUARY 16, 2006
PAGE 7
Goodloe: Right,
Moore: What, what was that, what instigate, why do we have this.
Goodloe: Weil, at the previous town council meeting, Mr. Bryson, I don't see him
here, he was concemed mainly that was the original for denying my permit was the
bear problem, which I talked to Mr. Selinger at Alaska Depaztment of Fish and Game,
just to get his, just to get his overview so I could relate to you guys what's going on,
what's happened and I just, that was his summary and he just made a couple of
corrections about what has happened, but there, yes there is a bear problem in the
neighborhood but it has absolutely nothing to do with any activities going on at my
house. There's no garbage. There's no salmon cazcasses, and as for the dumping of
salmon carcasses, that was going on prior to our even arriving in the neighborhood.
We don't have any fish at our house. So, we participate in the program just like
everybody else in the neighborhood did and it worked. But, they pulled the program
and obviousiy the beaz situation came back, but it's not...it's got nothing to do with
just because we're a guide sexvice. There's no, it doesn't mean we have fish laying
around which we don't. We never have and never will.
Moore: So you sent this over to Mr. Selinger for review?
Goodloe: No, I called, I spoke with him on the phone about probably a month ago.
Three weeks ago. I think someone else sent it for review.
Moore: You're not sure who that was?
Goodioe: I spoke to him maybe three weeks ago after the originai town council
meeting. I haven't spoken with him since, no.
Porter: Excuse me, I believe our City Clerk can answer that.
Clerk: I received call today from Mr. Selinger and he had said that somebody
had contacted him and said that there were comments in Ms. Goodloe letter that he
was questioning and I offered to fax him a copy of the letter so that he could read it
and then he was, I suggested he give me something in writing back if it wasn't correct
and this is what he sent back.
Moore: Oh, okay. Very good. Thanks.
Porter: Are there any other questions from any board members? Okay, thank
you. Is there anyone else from the general public who would like to be heard on this
appeal?
Russell: I guess I will. I've already testified last time, but I'm Sharell Russell and I
live at 4220 North Dogwood Road in Kenai and I really am much against this...
BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON
FEBRUARY 16, 2006
PAGE 8
Clerk: Wait, wait.
Porter: Wait, you have to be sworn in first.
Russell: Oh, excuse rne Pat.
Porter: It's all right. Don't hurry. IYs only six-twenty.
Clerk: Do you solemnly swear or affirm the testimony you are about to give in
the case now before this board, to be the truth, the whole truth, and nothing but the
truth, under pain and penalty of perjury?
Russell: I do. I just feel like this business needs to go to a recreation area where
we have a residential area. We do have one guide service that's in there. The past
owner was very well, he kept up his yards very well, but we don't know what this next
one's going to do and I don't think that's it's going to be helping our property values in
our neighborhood at all having guide services on the back road as well as on front and
I know there's a few people down at the far end that are elderly people that just come
up and stay for the summer and leave again. But, it's really not filling our community
at all. We're close to the river with Eagle Rock real close, but I feel it should be in a _
business area or out on the highway or something, but not in a residential area.
Thank you.
Porter: Thank you. Oh, excuse me. Boazd Member Molloy has a question.
Russell: Oh, okay.
Molloy: I was just wondering if you could tell me where the other guide service is
in relation to this one.
Russell: It's just off Dogwood and it°s Captain Bligh's...
Molloy: Okay...
Russell: ...and it has just been sold now so I don't know if they have sold that
conditional use with the cabins in there or, but it's just two blocks in.
Molloy: Thank you.
Russell: Okay.
Porter: Thank you. Are there, excuse me, is there anyone else from the general
public who would like to be heard?
BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON
FEBRUARY 16, 2006
PAGE 9
Clerk: Do you solemnly swear or affirm the testimony you are about to give in
the case now before this board, to be the truth, the whole truth, and nothing but the
truth, under pain and penalty of perjury?
Johnson: I do. My name is Nicole Johnson and I live at 130 Richfield. I was not at
the prior meeting that we had in January. I was out of town in Anchorage so I'm kind
of coming into this just for this evening and, microphones always make me nervous.
I'm sorry.
I've lived in that house for about four years now and I bought that property because it
was towards the back of the neighborhood. Very quiet and I think keeping the area as
a residen6al area and not a commercial area is what the majority of the neighborhood
prefers, especially myself. I probably shouldn't speak for others.
P have not had any direct contact with the others or other peopie that have been in the
rentals. My only main concern would be that if this is was a rental property, it was
able to be maintained, is that, I don't lmow if there's a way to have stipulations as to
how many people can be there or what, it just seems like, I'm not sure even if she is
there, when she's not there, how many rentals there could be. If they're daily rentals,
weekly rentals, to know, you know, capacities that we might be seeing in our
neighborhood. But I do oppose this just because I prefer to keep it a residential azea.
Porter: Okay. Thank you Ms. Johnson. Is there anyone else from the general
public that wouid like to be heard?
Goodloe: Can I say one more thing?
Porter: Certainly.
Goodloe: Do I have to go up here?
Porter: Yes you do.
Goodloe: As far as the capacity...
Porter: Excuse me, you want to wait till you get to the microphone?
Goodloe: Oh, I'm sorry. It seems like everyone is really concerned about turning
this into like a, it's not a motel. It's a, it's a two-story, three-bedroom house and we're
talking about really, really minimum volume. One car, two people, one car, three
people for a few days at a time for maybe ten weeks out of the summer. It's not like
there's going to be fifteen vehicles. You lmow, pazking on the street. There's none of
that. It's as low key as it's going to get. There's no boats. There's just, iYs, everyone
thaYs here has stated they've had no contact with us. Well that's because we've had
no contact because there's no reason to. We don't bother anyone. We're quiet. We're
BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON
FEBRUARY 16, 2006
PAGE 10
clean. So the volume thing is just, it's just not going to happen. It's not what we're
doing. It's not, there's not five cabins sitting there, it's just one house, one party at a
time. I'd also like to say that us being self-employed in the fishing industry, that it's
100% of our annual income what we do here in the summertime and this is how we
make our living. So we will have to fight this all the way.
Porter: I'd, I'd like to ask you a question.
Goodloe: Sure.
Porter: When somebody comes and wants to rent your, your home, what's the
procedure they follow. Do they pick up the keys from you and instructions or do they
pick them up in a box outside the house or do they pick them up in a different place?
Goodloe: If someone's going to stay at my house, they would come and see me.
Porter: Okay. And they make those prior arrangements, I assume. On the
internet or by the....
Goodloe: No, no, we're not a real big cha...guide service. It's just my husband and
myself. We have, we run one boat at a time. 90% of our clients are repeats. We've
been in Yhe business for 23 yeazs. We've been fishing the same peopie for 15 and 16
years. That's how we make our living. So it's not, it's not like they're, you know,
maybe ten percent may be new to us, but it's all referrals. So there's no, it's not like
they're strangers coming from all over the place that we have no idea where they came
from.
Porter: Board Member Massie.
Massie: Are all your renters clients? They're not rented to anybody that's isn't a
client of yours. Is that correct?
Goodloe: Right. Yeah, the majority of our business we take them fishing fos hire.
Charter service. So, this is, this is just like an extra addition to what we like to offer
our clients. So we, we don't, iYs a small pazt of our business, but a very important
part of our business.
Massie: You don't rent to the general public in other words
Goodloe: No, like advertise or?
Massie: Yes...
Goodloe: No, no, no. Absolutely not. No. It's just a, just a little addition to our
business that we'd like to pursue and kr:ep it real small and simple.
BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON
FEBRUARY 16, 2006
PAGE i 1
Porter: Okay. Board Member Moore.
Moore: Thanks. I was just going to review if I could, the original staff
recommendations that were made at your Planning 8c Zoning meeting that your
application was denied. But, there was three items that they recommended approval
subject to and that was that you submit a State of Alaska business license and
register to collect sales tax with the Borough. Provide proof that fire inspection has
been conducted at the residence and meet fire code requirements and copy, and
provide copy of annual tenant rules that limit activities of guests to those consistent
with residential azeas. Did you have any problem with those?
Goodloe: No, everything, no, iYs all been completed. The only thing I haven't
submitted to Marilyn is the, my list of tenant rules which is in my file sitting right
here. I have my fire inspection. We've been compliant with the Borough for 15 or 16
yeazs. I believe Marilyn checked up on business license and sales tax compliance
about probably about a month ago.
Moore: Okay and what, I guess I'll have to ask, what, what kind of tenant rules
are in your file there? Are they generated by you or did you...
Goodloe: I mean, just the basics being that we don't have any dogs, no pets, no
smoking inside, there's no outside burning, no fires because of the beetle problem, no
fish cleaning, no muddy shoes inside, no parking on the street. Just your basic quiet
time after ten. Yeah, and, and you know, the people that we take fishing, they're all
self-ernployed, professional people. They're not a bunch of 20-yeaz old teenagers that
aze partying and drinking beer. They're older, you know, just normal people. Good
people. There's no parties. There's no loud music. There's no stereo at our house.
There's nothing. It's just a nice quiet...may have a barbecue once and awhile. The
basic rules and we've, like I said, we've been there almost nine yeazs. We've never
had, no one's ever called the police. No one's complained about anything.
Moore: Okay. One more and it has to do with the staff report and that was the
mention that there's a possibility that short-term rentals could be conducted for
special events such as the Arctic Winter Games. Are you trying to get this permit
through so that it can be rented for those, for the Games?
Goodloe: That, that was my original intentions until we had a problem here a
month ago. Yes. I've had a couple calls from participants in the Winter Games that
are looking for rentals because there are no rentais available. So...
Moore: So, would you be looking to get this application approved so that you
could rent or is that out of the question now.
Goodloe: Absolutely. Yeah.
BOARD OF ADJUSTMENT HEARING -- GOODLOE/CARLSON
FEBRUARY 16, 2006
PAGE 12
Moore: Out of the question now or...
Goodloe: No, I, I'd like to get it approved. That was my original goal back in
December so...in fact Marilyn helped me kind of fast-track it so that we could maybe
possibly get it done.
Moore: Thank you.
Porter: Thank you. Any other questions? Is there anyone else from the general
public that would like to be heard?
Voice: Can we be heard again?
Porter: No, one, I know... so thank you very much. Actually this concludes our
hearing. What I would like to do at this time, this concludes the public testimony
part, is to thank you all for attending and for, I need to remind you that the Board of
Adjustment has 30 days in which to reach its decision and copies of the decision will
be available on the city website and forwarded to anyone who gave testimony as well
as Ms. Goodloe and Mr. Carlson. Thank you very much for attending.
End of Verbatim. End of hearing. Hearing ended at approximately 6:40 p.m.
Verbatim transcribed by:
L~~'t7%t1-~/,J~
Carol L. Freas, Kenai City Clerk
AGENDA
ENAI CITY COUNCIL - REGULAR MEETING
MARCH 9, 2006
"~' 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
xcx~sxn hltp:l/www.ci.kenai.ak.us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
L Eric Wilcox -- McCollumfAiiak Dnve Proposed Local improvement
District
2. Larry Lewis, Aiaska Fish & Caame -- Wildiife Conservation
Community Program Update
ITEM E: PUBLIC HEARINGS
1. 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.
2. Ordinance No. 2146-2006 -- Enacting. KMC 13.10.070 Entitled,
"Commercial Building and Property Maintenance."
3. Ordinance No. 2147•2006 -- Increasing Estimated Revenues and
Appropriations by ~u15,000 in the Generai Fund for an Alaska Highway
Safety Grant to Reimburse the Police Department Overtime Account.
4. Ordinance No. 2148-2006 -- Repealing the Existing Landscaping/Site
Plan Regulations at KMC 14.25 and 14.20.915(i) and Repiacing it with
a New KMC 14.25 (Landscaping/Site Plan Regulations).
5. Ordinance No. 2~49-2006 -- 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 Appraisais are
Good for Twelve (12) Months.
a. Substitute Ordinance No. 2149-2006 -- Amending KMC
29.10.040 by Providing Thffi ~ease Appiications Shall Expire
After One Year and May Be Extended for Six (6) Additional
Months for Good Cause and Providing That Lease Application
Appraisais are Good for Twelve (12) Months.
6. Resolution No. 2006-07 -- Transferring $8,300 in the General Fund
Clerk Department From Professionai Services to Salaries and Benefts.
8. Resolution No. 2006-OS -- Awarding a Lease for Two Fish Seasons
(May 15, 2006 to September 30, 2007) of Kenai Dock Station No. 2 to
Copper River Seafoods for the Seasonal Base Bid of $35,621 Plus
$0.03/Lb. Over 1,187,367 Lbs. Plus $500 Per Month for Boat Storage
Area No, 2.
9. Resolution No. 2006-09 -- Approving a Contract to Foster
Construction, inc. for the Project Entitied Kenai Soccer Park Clearing -
2006 for the Total Amount of ~184,600.
10. *Liquor License Renewal -- Kenai Golf Course
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 21504006 -- Increasing Estimated Revenues and
Appropriations by $20,000 in the Airport Land System Special Revenue
Fund and the Runway Safety Area improvements Capital Project Fund.
4. *Ordinance No. 2151•2006 -- increasing Estimated Revenues and
Appropriations by $2,850 in the Generai Fund for Art Acquisiflon.
5. *Ordinance No. 2152-2006 -- Amending Land Use Table KMC
14.22.010 to Remove Footnote 90 From the ~and Use Category of
"Churches" in the Central Commercial (CC) and General Commercial
(CG) Zones in the Land Use Table and Changing "Churches" From a
Conditional Use to a Principal Permitted Use in the Light Industrial
Zone QL).
6. Discussion -- Community Dividend Program Bills
7. Discussion -- Scheduling Budget Work Session(s)
EXECUTIVE SESSION -- None Scheduied.
ITEM N: ADJOURNMENT
The public is invited to attend and participate. Additionai information is
available through the City Clerk's o~ce at 210 Fidalgo Avenue, or visit our
website at http:l/www.ci.kenai.ak.us.
Caroi L Freas, City Clerk D795/211