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HomeMy WebLinkAbout2010-06-23 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING ZONING COMMISSION Work Session Reminder Immediately Following The MEETING June 23, 2010 Kennels Amendment to Land Use Table MEMO: "/`lla e with a Past, Gc` with a Fu�tur'e 9 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -75351 FAX: 907 283 -3014 i I l l 1992 TO: Planning Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: May 4, 2010 SUBJECT: Land Use Table Kennels Attachments At your meeting on April 28 you requested a work session to discuss kennels and whether or not all kennels should be required to operate under a Conditional Use Permit. Kennels are currently defined and regulated under Title 3 Animal Control. Attached is a copy of the information from your April 28 packet. In addition, Commissioner Koester asked that I provide you a copy of a proposed amendment to Title 3 that was considered by the Council in 2007. The amendment failed. I have asked Chief Sandahl and Chief Animal Control Officer Brett Reid to attend the work session. the of MUMMA TO: FRO A SAD Tip: JICTi Planning Zoning Commission Marilyn Kebschull, Planning AdministrationJ! March 19, 2010 Land U Table 4 Kennels e with a Past with a Fut re 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 283 =7535 FAX: 907-283-3014 l p D r 1992 Commissioner Koester has requested the Commission discuss whether or not individuals who are required under Kenai Municipal Code Title 3 (Animal Control) to obtain a kennel license should also be required to obtain a Conditional Use Permit. Kennels are not currently listed in the Land Use Table; however, anyone who operates a kennel for commercial purposes in a residential zone would be required to obtain a Conditional Use Permit. Attached are copies of sections from Title 3 relating to kennel licenses. Does the Commission want to schedule a work session to discuss kennels, neighboring property impacts, and possibly requiring Conditional Use Permits for all kennels? 1O Chapter 3 GENERAL L AL Pf OWS)tO S 3.05.010 Definittons. As used in Title 3: (7) "Kennel" means a premises where a person keeps four or more dogs over the age of four months. Chapter 3.15 LaC[ f SLED FAC1 U T IIES 3.9.5.010 Licenses required. No person may operate a kennel facility without having a license therefor issued pursuant to this chapter. (Ord. 1522 -92) 3.15.020 Licensing procedure. (a) Application for a license under this chapter shall be to the Chief Animal Control Officer. The application shall include: (1) The name and address of the applicant; (2) The number and breeds of dogs to be kept in the facility; (3) The type of facility the applicant proposes to operate under the license, and a description of the proposed facility. An application for a license for a kennel to be used for commercial purposes shall include a copy of a current Alaska Business License for the operation of the kennel and a Borough Sales Tax application or registration number; (Ord. 1522 -92) (4) The address of the premises where the applicant proposes to operate under the license, and the name and address of the owner of the premises; (5) A diagram of the premises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of the premises on which dogs will be kept, and show the location and use of structures of adjacent lots. The diagram need not be based upon a formal survey of the premises. (6) The Iicense fee required by KMC 3.05.100; (7) Proof of a current rabies vaccination for each dog kept in the facility that is over the age of three months. (b) The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. (c) The Animal Control Office shall not issue a license under this chapter until it has inspected the premises where the applicant proposes to operate the facility, and determines that the applicant will operate the facility in accordance with standards set forth in KMC 3.15.050. (d) The Animal Control Office shall prepare a written report of the inspection's findings; including any reason why the proposed facility does not meet the standards set forth in KMC 3.15.050 and any steps which the applicant may take to make the facility qualify for a license. The Animal Control Office shall give the applicant a copy of the report. (e) A license issued under this chapter shall expire on December 31st of the year in which it is issued. (f) An application to renew a license issued under this chapter shall be made at least thirty (30) days after the license expires, and shall be made in the same manner as an application for a new license, provided that the applicant may rely upon materials submitted with his original application to the extent they accurately portray the current condition of the facility. (g) The applicant shall be informed in writing that the application or receipt of the license provided for in this chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough, or State laws or regulations. (h) The applicant shall agree in writing that the kennel facility may be inspected by the Chief Animal Control Officer or his designee at any time during business hours of the permittee. 3.15.030 License rev cation. (a) If an inspection of a facility licensed under this chapter reveals: (1) The facility constitutes a health hazard; (2) The facility violates a City or Borough ordinance or regulation; (3) The facility violates a provision of this title, a term, condition, or limitation of a license issued under this chapter or a City regulation promulgated under this title. The inspecting agency may so notify the operator of the facility, stating in writing the steps the operator may take to remedy the violation. (b) The inspecting agency shall allow a facility operator who has been notified of a violation under subsection (a) of this section a reasonable time not exceeding fifteen (15) days to remedy the violation. At the end of that period, the inspecting agency shall re- inspect the facility to determine whether the violation has been cured. (c) If after re- inspection, the inspecting agency determines the violation has not been cured or that new violations have occurred, the Chief Animal Control Officer may commence a proceeding to revoke the license for the facility under KMC 3.15.040. 3. 5.040 Ike earnings— Appeaa0s. (a) A person aggrieved by the granting, limiting, conditioning, or denying of a license under this chapter may, within fifteen (15) days of the action complained of apply for a hearing before the Chief Animal Control Officer or his designee. Upon timely application under this subsection, the Chief Animal Control Officer or his designee shall hold a hearing to determine whether the Iicense should be granted, conditioned, limited, or denied. The person aggrieved may appeal the decision of the Chief Animal Control Officer to the City Council within thirty (30) days whose decision shall be final. (b) Before revoking a license under this chapter, the Chief Animal Control Officer or his designee shall hold a hearing to determine whether the license should be revoked. The party aggrieved may appeal to the City Council within thirty (30) days of the decision whose decision shall be final. 3i1.5 0 Standards for operaUig ffacilOt y. In operating a kennel facility, the operator shall (Ord. 1522 -92): (a) Comply with the provisions of this title, the terms, conditions, and limitations of any license issued hereunder and any City regulations promulgated under this title. (b) Provide shelter adequate to preserve the health of the animals kept in the facility. (c) Maintain the facility in a sanitary condition. (d) Provide for the adequate care and feeding of animals kept in the facility. (e) Design and equip the facility so as to keep all animals on the premises. (f) Keep on that number of animals.in the facility which is safe and healthy for the facility's sake. (g) Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers of land in its vicinity. Chapter 3.2© MENSES S 3.20.050 late ptions. KMC 3.20.010 does not apply: (a) To a person who does not maintain a permanent residence in the City of Kenai when that person owns a dog for no more than thirty (30) days. (b) To a person who presently has resided in the City for no more than thirty (30) consecutive days. (c) To a person who does not maintain a permanent residence in the City when that person owns dogs for dog mushing purposes for more than thirty (30) days, but no more than ninety (90) days during the dog mushing season, provided he obtains a temporary kennel license. The Animal Control Office shall issue a temporary kennel license for no charge upon proof that all dogs for which the license is to be issued have a current rabies vaccination. (d) To a blind person, for the ownership of a seeing eye dog, or to a deaf person, for the ownership of a hearing dog. Mairun Kebschunn From: Sent: To: Cc: Subject: Kenai Animal Shelter [animal @ci.kenai.ak.us] Tuesday, March 23, 2010 3:29 PM Marilyn Kebschull Gus Sandahl RE: Kennel Discussion Marilyn, I know we had a high profile neighborhood kennel dispute that took a couple of years to resolve, but the current system works, and we rarely have complaints about our kennel permit holders. Most of our kennel permit requests are families that simply own 4 family dogs, not commercial or semi commercial kennels. A common mis- conception about kennel permits are that a citizen can obtain a kennel permit for 4 poodles and then set up a sled dog team. This is not the case. A kennel permit is granted for specific dogs, not a free pass to bring in more dogs without limits, much like a conditional use permit does not allow a citizen to engage in any type of business outside their permit. Since 1982 we have issued dozens of kennel permits and only had three complaints about kennel permit holders. One of those permit holders took steps to resolve the complaints and still has a permit, the other two moved away. I would definitely be interested in keeping abreast of this subject and can provide any information I can to those involved Brett From: Marilyn Kebschull main :o:mkebschull ©ci,kenai.ak.us] same Friday, March 19, 2010 3:09 PM To: Animal Control Shelter; Gus Sandahl Cc: Nancy Carver subject: Kennel Discussion Brett Gus, Wanted to let you know that Commissioner Koester has asked me to schedule a discussion before the Planning Zoning Commission on kennels in the City. Under Title 3, kennels are required for 4 or more dogs over the age of 4 months. Kennels are not listed in the Land Use Table and only require conditional use permits if operated for a commercial purpose. Commissioner believes the zoning code may need an update to address kennels in residential neighborhoods. Due to my schedule, this will be scheduled for the April 28 meeting. I will be asking the Commission if they want to schedule a work session to discuss the issue further. If you have input you would like them to consider, please let me know. I will keep you abreast of the status of their discussion. Marilyn K. Kebschull, AICP Planning Administration City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 907 283 -8235 1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, KMC 3.15.040 TO PROVIDE THAT 1) A HEARING SHALL B WHETHER A DOG KENNEL LICENSE WILL BE GRANTED OWNERS WITHIN 300 FEET OF A PARCEL THAT IS TH KENNEL LICENSE APPLICATION SHALL BE NOTIFIED THE DATE, TIME AND PLACE OF THE HEARING; AN PROCESS FOR ANY AGGRIEVED PARTY. WHEREAS, the Kenai Municipal Code 3.15 (KMC .15) requires a person keeping more than three dogs over the age of four mon s to get a kennel license; and, WHEREAS, KMC 3.15 does not require neig .oring property owners to be notified of a pending kennel license application or licen renewal; and, WHEREAS, KMC 3.15 does not provide dog kennel license should be granted; WHEREAS, because of the impact t owners, they should be provided n and the date, time and place of tee CM OF KENAI ORDINANCE N 2268-2007 Suggested by: dministration LASKA, AMENDING HELD TO DETERMINE ND 2) PROPERTY SUBJECT OF A DOG F THE APPLICATION AND 3) SETTING OUT THE APPEAL r a hearing to be held to determine whether a d, at a dog kennel can have on neighboring property tice of dog kennel license applications or renewals, hearing; and, WHEREAS, any party aggrieve by the decision on whether or not to issue a dog kennel license should be alto ed to appeal to the Kenai City Council under the provisions of KMC 14.20.2• NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 3.1 .040 is amended as outlined in Attachment A. PASSED BY THE C• NCIL OF THE CITY OF KENAI, ALASKA, this 19th day of December, 2007. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR rev a/4701 UBSTITUTE Introduced: November 7, 2007 Adopted: December 15, 2007 Effective: January 15, 2008 Chapter 3.15 LICENSED FACILITIES Sections: 3.15.010 Licenses required. 3.15.020 Licensing procedure. 3.15.030 License revocation. 3.15.040 Hearings Appeals. 3.15.050 Standards for operating facility. 3.15.010 Licenses re aired. No person may operate a kennel facility without having a license therefor issued pursuant to this chapter. 3.15.02Q Licensina procedure. (a) Application for a license under this chapter shall be to the Chief Animal Control Officer. The application shall include: (1) The name and address of the applicant; (2) The number and breeds of dogs to be kept in the facility; (3) The type of facility the applicant proposes to operate under the license, and a description of the proposed facility. An application for a license for a kennel to be used for commercial purposes shall include a copy of a current Alaska Business License for the operation of the kennel and a Borough Sales Tax application or registration number; (4) The address of the premises where the applicant proposes to operate under the license, and the name and address of the owner of the premises; A diagram of the premises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of the premises on which dogs will be kept, and show the location and use of structures of adjacent lots. The diagram need not be based upon a formal survey of the premises. (6) The license fee required by KMC 3.05.100; (7) Proof of a current rabies vaccination for each dog kept in the facility that is over the age of three months. (b) The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. Substitute Ordinance No. 2268 -2007 (11/30/07) Attachment A Page 1 of 5 The Animal Control Office shall not issue a license under this chapter until it has inspected the .premises where the applicant proposes to operate the facility, and determines that the applicant will operate the facility in accordance with standards set forth in KMC 3.15.050. (d) The Animal Control Office shall prepare a written report of the inspection's findings; including any reason why the proposed facility does not meet the standards set forth in KMC 3.15.050 and any steps which the applicant may take to make the facility qualify for a license. The Animal Control Office shall give the applicant a copy of the report. For the initial permit application (but not renewals) the City Planner shall prepare a written report on:, (g) (i) Whether allowingthe kennel on the location_is consistent with the purpose of the. Kenai Zoning Code, the purposes and intent of the zoning district and is in harmon with the con rehensiye lan. If the hearin officer finds allowin the kennel on the location is not consistent with the purposes and intent of the zoning district or is not in harmony with the comprehensive plan, the permit shall not be issued; and Whether allowing the kennel would significantly impair the value of the adjoining property. If the hearing officer finds allowing the kennel at the location would significantly impair the value of the _adioining_property, the permit shall not be issued. (NE] A license issued under this chapter shall expire on December 31st of the year in which it is issued. AN APPLICATION TO RENEW A LICENSE ISSUED UNDER THIS CHAPTER SHALL BE MADE AT LEAST THIRTY (30) DAYS AFTER THE LICENSE EXPIRES, AND SHALL BE MADE IN THE SAME MANNER AS AN APPLICATION FOR A NEW LICENSE, PROVIDED THAT THE APPLICANT MAY RELY UPON MATERIALS SUBMITTED WITH HIS ORIGINAL APPLICATION TO THE EXTENT THEY ACCURATELY PORTRAY THE CURRENT CONDITION OF THE FACILITY.] The applicant shall be informed in writing that the application or receipt of the license provided for in this chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough, or State laws or regulations. (h) The applicant shall agree in writing that the kennel facility may be inspected by the Chief Animal Control Officer or his /her designee at any time during business hours of the permitted. The Chief Animal Control Officer or his /her designee shall hold a hearing to determine whether the license should be ranted conditioned. limited or denied, Notification shall Substitute Ordinance No. 2268 -2007 (11/30/07) Attachment A Page 2 of 5 be mailed to real property owners listed on the borough assessor's records within a three hundred (300) foot periphery of the parcel that is the subject of the proposed action. The notice shall be mailed at least ten (10) days prior to the hearing and shall include the date, time, and place of the hearing. A copy of the decision shall be mailed to all notified ra pert owners all ersons testifying or submitt T comments and the applicant. (j) [F] An application to renew a license issued under this chapter shall be made at least thirty (30) days before [AFTER] the license expires, and shall be made in the same manner as an application for a new license provided that the applicant may rely upon materials submitted with his original application to the extent they accurately portray the current condition of the facility. Notification of the renewal application shall be mailed to real property ow on the borough assessar's records within a three hundred (300) foot p eriphery of the parcel affected. The notice shall provide a date b w hich a riy comments regarding the application should be submitted. During the comment period, the applicant or a person receiving notice under this subsection. may request a hearing. Upon timely application under this subsection, the Chief Animal Control Officer or his/her designee shall hold a hearing to determine whether the license should be renewed, conditioned, limited or denied. Notification of the hearin shall be mailed to real .roperty owners listed on the borough assessor's records within a three hundred (300) foot periphery of the parcel that is the subject of the proposed action. The notice shall be mailed at least ten (10) days prior to the hearing and shall include the date, time, and place of the hearing. A copy of the decision shall be mailed to all notified property_own.ers, all persons testify p, or submitting comments and the applicant. 3.15.030 License revocation. (a) If an inspection of a facility licensed under this chapter reveals: (1) The facility constitutes a health hazard; (2) The facility violates a City or Borough ordinance or. regulation; (3) The facility violates a provision of this title, a term, condition, or limitation of a license issued under this chapter or a City regulation promulgated under this title. The inspecting agency may so notify the operator of the facility, stating in writing the steps the operator may take to remedy the violation. (b) The inspecting agency shall allow a facility operator who has been notified of a violation under subsection (a) of this section a reasonable time not exceeding fifteen (15) days to remedy the violation. At the end of that period, the inspecting agency shall re- inspect the facility to determine whether the violation has been cured. Substitute Ordinance No. 2268 -2007 (11/30/07) Attachment A Page 3 of 5 (e) If after re- inspection, the inspecting agency determines the violation has not been cured or that new violations have occurred, the Chief Animal Control Officer may commence a proceeding to revoke the license for the facility under KMC 3.15.040. fl Before revoking a license under this chapter, the Chief Animal Control Officer or his designee shall hold a hearing to determine whether the license should be revoked. The party aggrieved may appeal to the, City Council within fifteen X15) days of the decision. 3,15.040 Hearings•--- AuneaIs. A person aggrieved by the granting, revocation, renewing, limiting, conditioning, or denying of a license under this chapter may, within fifteen (15) days of the date of the decision complained of. appeal to the City Council pursuant to the procedures in KMC 14.20.290. [(A) A PERSON AGGRIEVED BY THE GRANTING, RENEWING, LIMITING, CONDITIONING, OR. DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIFTEEN (15) DAYS OF THE ACTION COMPLAINED OF, APPLY FOR A HEARING BEFORE THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE. UPON TIMELY APPLICATION UNDER THIS SUBSECTION, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE GRANTED, CONDITIONED, LIMITED, OR DENIED. THE PERSON AGGRIEVED MAY APPEAL THE DECISION OF THE CHIEF ANIMAL CONTROL OFFICER TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS WHOSE DECISION SHALL BE FINAL.] [13 BEFORE REVOKING A LICENSE UNDER THIS CHAPTER, THE CHIEF ANIMAL CONTROL OFFICER OR HIS OR HER DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD I3E REVOKED. THE PARTY AGGRIEVED MAY APPEAL TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS OF THE DECISION WHOSE DECISION SHALL BE FINAL.] 3.15.050 Standards for operating facility. In operating a kennel facility, the operator shall (Ord. 1522 -92): (a) Comply with the provisions of this title, the terms, conditions, and limitations of any license issued hereunder and any City regulations promulgated under this title. (b) Provide shelter adequate to preserve the health of the animals kept in the facility. (c) Maintain the facility in a sanitary condition. (d) Provide for the adequate care and feeding of animals kept in the facility. (e) Design and equip the facility so as to keep all animals on the premises. Substitute Ordinance No. 2268 -2007 (11/30/07) Attachment A Page 4 of 5 (f) Keep on that number of animals in the facility which is safe and healthy for the facility's sake. (g) Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers of land in its vicinity. Substitute Ordinance No. 2268 -20(}7 (11/30/07) Attachment A Page 5 of 5 the ci KENAI, AEAMMA MEM IN DU 'Village with a "past et with a Future' TO: Mayor Porter and the Kenai City Council FROM: CAC Cary R. Graves, City Attorney DATE: November 30, 2007 RE: Substitute Kennel Ordinance The conditional use language that was added to the kennel ordinance is: 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794. Telephone: (907) 2837535 Fax: (907) 283 -3014 www.cf.kenai.ak.us There are two major changes in the substitute ordinance. First, while a notice is sent to neighbors within a 300 -foot periphery for license renewals, a hearing is not held unless one is requested. For initial applications, notices are sent and a hearing must be held. The second change is that we incorporate some of the language for conditional uses from KMC 14.20.150 into the kennel ordinance. We thought that was a better approach than making kennels a condition use. That's because kennel licenses need to be renewed every year to check the conditions the dogs live in and to make sure they are Iicensed and vaccinated. Conditional uses are not subject to yearly renewals. Kennels need to be. For the initial permit application (but not renewals) the City Planner shall prepare a written report on: (1) Whether allowing the kennel on the location is consistent.with the purpose of the Kenai Zoning Code, the purposes and intent of the zoning district and is in harmony with the comprehensive plan. If the hearing officer finds allowing the kennel on the location is not consistent with the purposes and intent of the zoning district or is not in harmony with the comprehensive plan, the permit shall not be issued; and (2) Whether allowing the kennel would significantly impair the value of the adjoining property. If the hearing officer finds allowing the kennel at the location would significantly impair the value of the adjoining property, the permit shall not be issued. That language requires the hearing officer to take into consideration the effect of the kennel on adjoining property and its compliance with the zoning code and comprehensive plan during the initial application process, but not renewals. Since the hearing officer may not have expertise in that area, a report will be prepared from the City Planner to analyze those issues. Please let me know if you have any questions or comments. KENAI CITY COUNCIL MEETING DECEMBER 5, 2007 PAGE 2 MOTION: Council Member Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECINDED the motion. There were no objections. SO ORDERE ITEM John Bost, Mikund=. Cottrell Co. City of Kenai Audit Report Mr. Bost reviewed the audit report included in the council packet, noting they found no errors and no audit adjustments were found to be needed; there were no major issues needing to be discussed; there were no difficulties in doing their work; and the city was found to be very healthy with no long -term debt. Bost also reviewed the Single Audit Report provided to council. ITEM C: None. ITEM D: None. I'T'EM Ee E -Ia E- la. MOTION: SCHEDULED PU ;:,LIC C UNSC EDULED PUBLIC COMMENTS (3 minutes) REPORTS 0 9 K P H ASSEMBLY, LEGISLATORS AND COUNCILS IJ !i LIC HEARINGS (Testimony limited to 3 minutes per speaker.) (O, MMENTS (10 minutes) Ordinance No.. 2268 -2007 Amending KMC 3.15.040 to Provide that 1) a Hearing Shall be Held to Determine Whether a Dog Kennel License Will be Granted or Renewed; and 2) Property Owners Within 300 Feet of a Parcel That is the Subject of a Dog Kennel License Application Shall be Notified of the Application and the Date, Time and Place of the Hearing; and 3) Setting Out the Appeal Process for Any Aggrieved Party. (Clerk's Note: At the November 21, 2007 meeting, Ordinance No. 2268 -2007 was tabled to the December 5, 2007 council meeting. The motion to enact is active.) Substitute Ordinance No. 2268 -2007 Amending KMC 3.15.040 to Provide that 1) a Hearing Shall be Held to Determine Whether a Dog Kennel License Will be Granted; and 2) Property Owners Within 300 Feet of a Parcel That is the Subject of a Dog Kennel License Application. Shall be Notified of the Application and the Date, Time and Place of the Hearing; and 3) Setting Out the Appeal Process for Any Aggrieved Party. KENAI CITY COUNCIL MEETING DECEMBER 5, 2007 PAGE 3 Council Member Ross M VED approval of Substitute Ordinance No. 2268 -2007 and Council Member Swarner SEC: LADED the motion, MOTION TO AMEND: 1R; Council Member Ross McSVED to amend with the language included in the lay down provided by the City Attorney and Council Member Eldridge SECONDE; the motion. (Clerk's Note: The language included in the lay down was to amend KMC 03.16.020(j) of Substitute Ordinance No. 2268 -2007 as follows: Notification of the renewal application shall be mailed to real property owners of the borough assessor's records within a three hundred (300) foot periphery of the parcel affected if the renewal contains a change in the number of dogs, a significant change in the terms and conditions of the permit or if the Chief Animal Control Officer determines it is in the best interest of the public.) The floor was opened for public hearing. Patricia Stringer, Chief Animal Control Officer, City of Kenai Stated she had received a lot of input with regard to kennel licensing concerns and believed the suggested amendments to the ordinance would be helpful to her in performing her duties. Council discussion followed with Stringer and comments included: There were currently eight non commercial kennel licenses held and no commercial licenses. e Current code stated more than three dogs in a household requires a kennel license; if there would be a commercial business, licensing would go through Planning Zoning; the current code requires a primary inspection for care and welfare of the animals; and with the new wording, a new kennel license would require notification of neighbors through Planning Zoning. In the past two years, there were two complaints made for noise, however all the kennel- licensed facilities were very well kept. Current procedures work well, however the amendments would allow noticing of neighbors for new licenses and /or change of number or types of dogs. Katherine :rooks, 38062 Rainbow, Soldotna Brooks stated she did not live in Kenai, had hobby dogs for showing, educating in the schools, etc., and was not supportive of the ordinance. Sherry Petty, 820 Set Net Drive, Kenai Petty stated she had a licensed kennel, used her dogs for teaching obedience, etc.; noted pets were considered personal property and did not believe a neighbor would have a legal right to intercede; liked the current ordinance; and, believed the suggested amended ordinance was inconsistent. KENAI CITY COUNCIL MEETING DECEMBER 5, 2007 PAGE 4 Karen Koester, 845 Set Net Drive, Kenai Stated she did not believe the current ordinance language considered people, only dogs; believed the amendment language would allow for early discussion; and, stated she supported the substitute. Gwen emnett, 304 Linwood Lane, Kenai Stated she was a licensed kennel with five dogs and asked if the change of breed language would be a part of the new code. It was explained, the type of breed had been removed in the amendment. Don Erwin, 603 Fathom Drive, Kenai Stated he reviewed the ordinance and believed, if passed, it would add another layer of government; believed the current ordinance covered all concerns; pets were not the problem, the individual owners were; and, the current ordinance should remain, Greg Daniels, 426 Rogers Road, Kenai Stated he believed it was common sense to ask neighbors about kennel impact to them and supported the substitute ordinance. Bill Isborn, 423 Rogers road, Kenai Stated he supported the substitute ordinance. Alison Williams, Mile 16.5 Kenai Spur Highway, Kenai Stated she was not a city resident; if she were a resident, it would cost her $140 a year to have four dogs; and, as an individual with dogs and not commercial, she did not support the ordinance. Rhonda Peterkin- Oglesby, E. ox 1602, Soldotna Noted there was nothing in the code related to the number of cats one could own believed it would add another layer of government; and, it was a non- problem. Susan Lovett, 604 Laurel Street, Kenai Noted she was one of the eight licensed kennels; because of a past issue, she felt the current code worked well; did not support the substitute; and, suggested an amendment to differentiate between a commercial and hobby kennels. Garnet Sarks, 110 Birch Street, Kenai Noted she was one of the eight licensed kennels; hers was a hobby kennel; and did not support the ordinance. There being no further requests to be heard, the public hearing was closed. Council discussion followed. SEC NDARY MOTION TO AMEN Council Member Boyle MOVED to amend Ross' amendment by deleting "a change in the number of dogs," and Council. Member Molloy SECSN'DED the motion. VOTE ON SECOND:.RY MOTI N TO AMEND: 1r, Ross No Molloy Yes Boyle Yes Porter No Swarner No Smalley Yes Eldridge No Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes Eldridge Yes Ross Yes Molloy No Boyle No Porter Yes Swarner No Smalley No Eldridge Yes KENAI CITY COUNCIL MEETING DECEMBER 5, 2007 PAGE 5 *Student Representative Harding: No V VOTE T)ION FAILE 4 N MOTION TO AMEN *Student Representative Harding: Yes MOTION PASSED UNANIMOUSLY. Council discussion followed with comments including: Notification would not be required with change in breed of dog. Belief the ordinance required more work, i.e. difference between commercial, kennel, and pet owners; who would have the burden of proof was not clear; and, if there would be a difference between hearings held for pet owners or commercial businesses. Satisfaction with the ordinance, i.e. it addressed notifications, there was trust in judgment of administration in making decisions, and there was recourse for appeal. Current ordinance was working; there had not been significant problems over the last years; initial application notification would be beneficial; and, the ordinance should differentiate between commercial and non commercial kennels. Support for the substitute because it would apply only to people applying for a new permit. operation. Would be beneficial to differentiate whether commercial or personal 13RE.'1K TAKEN: 8 :25 P.M. ACK T ORDER: 8 :4 ,M, TE ON MAIN M TICN AS AMENDE *Student Representative Harding: Yes ripo Ross Yes Mollo 13o le Yes Porter Yes Swarner Yes Smalley Yes KENAI CITY COUNCIL MEETING DECEMBER 5, 2007 PAGE 6 N FAILED. (Clerk's Note: At the November 21, 2007 meeting, Ordinance No. 2269-2007 was tabled to the Decemr 5, 2007 council meeting. The motion to enact is active.) The floor was opened for public hearing. Norm I :lakely, 354 Sterling Highway, Soldotna Mr. Blakely spoke in opposition to the ordinance note g areas needing to be clarified including age of employees, need for both state and city'1icense, bond requirement, hours of operation being regulated, etc. He suggested he meet with administration to discuss his concerns. Chuck Kopp, Chief of Police, 107 South Willow Street, Kenai Kopp commented on Blakley's concerns and reviewed reasons why it was felt the code amendment was needed, i.e. as a safeguard from people who traffic stolen property and assist in protecting pawnshops in Kenai and the community. Kopp encouraged passage of the ordinance. Council discussion followed with cornents including: Identification requirement`'goncerns. Employee age requirement concerns. Application requirements relatd to lending agreement. Bond requirement concerns. Reports to police being public recoils. Whether it would be an admission if` orneone received stolen goods. Whether bonds were required for secdhand businesses or jewelers. Whether both a state and city license we id be appropriate or a duplication. E-2. Ordinance No 2269 -2 07 Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. r., TIION T POSTP NE: VOTE ON rOSTPONEMENT: *Student Representative Harding: Yes t �4 Council member Ross MOVED to postpone Ordinance No. 22 2007 to the first meeting in February. Council Member Molloy SECON the r otion.