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2010-12-01 Council Packet
COUNCIL MEETING DATE: e yJu u 1_ D Mayor/Council Clerk Police Department Senior Center Library (2) Fire Department Projects Manager City Manager Finance Attorney Airport Parks Recreation Student Rep. Hall Binder Feltman /Floyd Kebschull /Carver Ogle Christine Clarion Mellish Schmidt AGENDA DISTRIBUTION MAKE 28 PACKETS COUNCIL PACKET DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsu /a Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or lbell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon cis possible before leaving the office for the weekend. ill I a 2 111 1 ITT (1) w 0 w H 0 w DC 0 0 5 n 0 -J 5 5 L.L.1 -J 0 H 0 o_ l WW F CC 00 DO 0_ 0 0 5 rx -J LIJ 0 LU LU co 0 5 *.u 5 CI 5 LLO 0 0 5 ITT (1) w 0 w H 0 w DC 0 0 5 n 0 -J 5 5 L.L.1 -J 0 H 0 o_ l WW F CC 00 DO 0_ 0 0 5 rx -J LIJ 0 LU LU co 0 5 *.u 5 CI 5 LLO 0 0 5 0 m 2 N, 0 0 r.!1 0 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 1, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for mon than 30 minutes combined on their own and on others' behalf.) *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: 1. John Bost, Mikunda Cottrell Co. Presentation of FY10 Comprehensive Annual Financial Report ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions 1 2. Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council 20 3. Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by S4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures 22 4. Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by $2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council 24 ITEM E: MINUTES 1. *Regular Meeting of November 23, 2010 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 26 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by 52,600.77 in the General Fund for State Traffic Grant Overtime Expenditures 27 4. Discussion /Action Schedule Work Session /Open Meetings Act and Public Records Training ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 29 2. Council Comments EXECUTIVE SESSION None scheduled. ITEM L: ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) INFORMATION ITEMS KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 Page No. 1. 10/20/2010 Purchase Orders Between $2,500 and S15,000 for Council Review 32 2. Budget Transfer in Capital Projects in Excess of 5,000 the of KENAI, ALASKA Suggested by: Planning Zoning Commission CITY OF KENAI ORDINANCE NO. 2519 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 3 OF THE KENAI MUNICIPAL CODE, "ANIMAL CONTROL," TO AMEND THE DEFINITION OF THE TERM "KENNEL" TO DISTINGUISH BETWEEN COMMERCIAL AND NON COMMERCIAL KENNELS, TO ESTABLISH A NOTICE PROCESS FOR KENNEL LICENSE APPLICATIONS AND RENEWALS, AND TO PROVIDE FOR A NEW APPEAL PROCESS OF KENNEL LICENSING DECISIONS. WHEREAS, the City of Kenai licenses kennel facilities where a person keeps four or more dogs over the age of four months; and, WHEREAS, the process for licensing kennels in the City does not currently require a public notice process for the licensing of kennels in the City; and, WHEREAS, the kennel licensing standards do not require the animal control officer to distinguish between kennels used for commercial purposes and kennels where the owner or licensee keeps four or more dogs for other purposes; and, WHEREAS, the City has an interest in regulating kennels to protect the safety of the animals where an owner of a kennel keeps a large number of animals to assure that the facilities and owner are capable of sustaining the animals in a healthy, humane manner; and, WHEREAS, the City also has an interest in supporting neighborhoods and established uses within zoning districts and recognizes that kennels may have an impact on the surrounding properties; and, WHEREAS, the process for licensing kennel facilities does not currently include a requirement that the City notify surrounding property owners about an application for a kennel license; and, WHEREAS, although the City's Department of Public Safety currently provides door to -door notice to persons owning property within 300 feet of a parcel for which a person has applied for a kennel license, this process is not required by City Code; and, WHEREAS, although the City Code has an appeal process for the licensing of kennel facilities and for revocation of kennel licenses, that process does not provide clear direction with respect to the steps to be followed; and, New Text Underlined; [DELETED TEXT BRACKETED] 1 Ordinance No. 2519 -2010 Page 2 of 8 WHEREAS, it is desirable to have a more fo al application and appeal process for kennel licensing and revocation in order to provide a better opportunity for licensees to state their positions and in order to provide better notice to members of the public and neighbors who are potentially affected by a kennel nearby their property; and, WHEREAS, the City of Kenai Planning Zoning Commission held a public hearing on October 27, 2010, and passed a resolution PZ10 -38 recommending that the City Council adopt revisions to the City's animal control ordinances in order to distinguish between commercial and private kennels, to establish a notice process for applications and renewals, and to better define the appeal process on kennel licensing decisions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 3.05.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section, Definitions, is hereby amended as follows: 3.05.010 Definitions. As used in Title 3: (1) "Animal" means all domestic or domesticated members of the Kingdom Animalia, (2) "At large" means not under restraint. (3) "Cat" means a. domestic or domesticated member of the family Felidae. (4) "Current rabies vaccination" means a vaccination: a. ((I)] As specified in the "compendium of animal rabies vaccines" prepared by the Rabies Subcommittee of the National Academy of Sciences and by the National Association of State Public Health Veterinarians, Inc. (1978); b. ((II)] Administered in accordance with state law; and, c. ((III)) Evidenced by a rabies vaccination certificate in a form approved by the State Division of Public Health. (5) "Dangerous Animal" means any animal which due to improper or inadequate supervision or control has done an act harmful in its character to human beings or animals, regardless of whether the act is done in a playful or hostile manner. (6) "Dog" means a domestic or domesticated member of the family Canidae. New Text Underlined' [DELETED TEXT BRACKETED 2 Ordinance No. 2519 -2010 Page 3 of 8 (7) "Kennel" means [A PREMISES WHERE A PERSON KEEPS FOUR OR MORE DOGS OVER THE AGE OF FOUR MONTHS.] a. Kennel, Commercial means premises where four or more dogs over four months of age are owned, kept, boarded, bred and /or offered for sale. b. Kennel, Private means premises where four or more dogs over four months of age are owned or kept for private enjoyment. (8) "Impoundment" means: [(]a_[)] The seizure of animals by the methods set forth in KMC 3.25.010(d). [(]b[)] Seizure of a vicious animal. (9) "Officer" means a person charged by law with the duty to enforce provisions of this title. (10) "To own" an animal includes having title, keeping, harboring, and having custody or control of an animal. (11) `Person" includes individual, joint venture, partnership, corporation, or unincorporated association. (12) "Restrain" means: a. [(I)] physical confinement, as by leash, chain, fence, or building; or b. [(II)] under competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or c. [(III)] under competent voice control when an animal is on the property of its owner. (13) "Sterile" means rendered incapable of reproduction by surgical operation. (14) "Vicious Animal" means an animal that has done an unreasonable act harmful to human beings or animals which act is done in a hostile manner. Any animal which has been twice adjudged a dangerous animal by a court of competent jurisdiction, whether by a plea of no contest or guilty or by trial, shall be considered vicious for purposes of penalties imposed by KMC 3.05.060(d). New Text Underlined; TDELETED TEXT BRACKETED] 3 Ordinance No. 2519 -2010 Page 4 of 8 Section 3. Amendment of Chapter 3.15 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 3.15, Licensed Facilities, is hereby amended in its entirety as follows: 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 required. No person may operate a kennel facility without having a license therefor issued pursuant to this chapter. 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 facility 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 New Text Underlined; (DELETED TEXT BRACKETED]. 4 Ordinance No. 2519 -2010 Page 5 of 8 (6) 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. The license fee required by KMC 3.05.100; 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 kennel facility, and dete,uiines that the kennel facility meets the standards set forth in KMC 3,15.050 and that the applicant will operate the kennel facility in accordance with standards set forth in KMC 3.15.050. (d) The Animal Control Office shall prepare a written report of its [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 31 [ST] of the year in which it is issued. (1) An application to renew a kennel facility license shall be made )AT LEAST THIRTY (30) DAYS AFTER) before the current license expires, and shall be made in the same manner as an application for a new license_ An applicant for renewal may rely upon materials submitted with a prior application for a kennel facility license provided that the information accurately portrays the current condition of the kennel facility and the applicant certifies that there have been no significant changes since the prior application. Lg[ Notification of an initial or renewal application shall be mailed to real property owners on the borough assessor's records within a three hundred (300'1 foot periphery of the parcel where the applicant proposes to operate the kennel facility. The notice shall provide a date by which any comments regarding the application should be submitted. During the comment period, the applicant or any person receiving notice under this subsection may request a public hearing about whether an application should be granted by the City. Upon timely request for a hearing, the Chief Animal. Control Officer or his /her designee shall hold a hearing to determine whether the kennel New Text Underlined (DELETED TEXT BRACKETED] 5 Ordinance No. 2519 -2010 Page 6 of 8 facility license should be issued, renewed, conditioned, limited, or denied. Notification of the hearing shall 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 property owners, all persons testifying or submitting comments and the applicant. (h)[(G)jThe applicant shall be infoi ued. 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. uj(H)j 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 permittee. 3.15.030 License revocation. (a) If an inspection of a facility licensed under this chapter reveals: (1) The kennel facility constitutes a health hazard; (2) The kennel facility violates a City or Borough ordinance or regulation; (3) The kennel 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 kennel 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 kennel facility to deteimine 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. Id) Before revoking a license under this chapter, the Chief Animal Control Officer or his /her designee shall hold a hearing to determine whether the license should be revoked. If the license is revoked, the Animal Control Office shall prepare a written decision as to why the proposed facility does not meet the standards set forth in KMC 3.15.050. An appeal of the decision may be filed as provided under KMC 3.5.040. New Text Underlined; [DELETED TEXT BRACKETED] 6 Ordinance No. 2519 -2010 Page 7 of 8 3.15.040 Hearings Appeals. A person aggrieved by the granting revocation, renewing, limiting, conditioning, or denying of a license under this chanter may within fifteen (15) days of the date of the decision, appeal the decision to the City Council pursuant to the procedures in KMC 14.20.290. [(A) A PERSON AGGRIEVED BY THE GRANTING, LIMITING, CONDITIONING, OR DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIb IEEN (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. (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.] 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 (f) Keep [ON] only 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. New Text Underlined• (DELETED TEXT BRACKETED) 7 Ordinance No. 2519 -2010 Page 8 of 8 Section 4. Effective Date: Pursuant to KMC 1.15.070(0, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1s day of December, 2010. A LEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined' DELETED TEXT BRACKETEDI 8 Introduced: November 23, 2010 Adopted: December 1, 2010 Effective: January 1, 2011 KEN AI ALASKA MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: November 1, 2010 SUBJECT: Amendment to Title 3 Kennels "l/c'f(aye with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -75351 FAX: 907 283 -3014 In March of this year, the Planning Zoning Commission began discussions with the Chief of Police and Chief Animal Control Officer about whether or not an amendment should be recommended to Title 3 as it related to kennels. The discussion was the result of an issue in VIP Subdivision in 2007. My knowledge is limited on the issue but it dealt with an individual who built an accessory structure specifically to house dogs. The use was questioned with the building permit. It was the City Attorney's opinion was that the use didn't constitute a commercial kennel so a Conditional Use Permit was not required under Title 14. A kennel license was issued under Title 3 kennel requirements. There was no codified process to provide notification of neighboring property owners that a kennel was being permitted in the residential area. After the license was issued, Ordinance No 2268 -2007 was introduced which would have provided for notification of neighboring property owners and an appeal process for an aggrieved party. The Ordinance failed. Since that time, Animal Control has developed an administrative process wherein an attempt is made to notify neighbors (knocking on doors) when a kennel permit is being considered. Also developed was a hearing process for appeals of the Animal Control Officer's decision in granting /denying a permit. Chief Sandahl can provide more information on these processes. The Commission's concern is that without a codified process the existing procedures could be eliminated. The proposed amendment to Title 3 would amend the definition of kennel to distinguish between commercial and non commercial kennels, establish a notice process for kennel license applications /renewals, and provide for an appeal process. The Commission voted unanimously to recommend the amendment, 1 11 1' 1992 ei o( KEN \ALASKA MEMO: TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 11/16/10 SUBJECT: Amendment to Title 3 Kennels il Kia3e with a Past, Gity with a Future Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 1'IIII Telephone: 907- 283 -7879 FAX: 907 -283 -2267 In December of every year, Animal Control receives kennel license renewal applications, and occasionally receives new kennel applications. The City of Kenai has issued four kennel licenses this year, and all of them are non- commercial. None of applicants are operating a business in which they are breeding animals for sale, nor are they charging fees for boarding animals. The four applicants simply own four or more dogs, which requires them to have a kennel license per the Kenai Municipal Code. When Animal Control receives a kennel license application, Animal Control officers go door to door to adjacent properties of the applicant. In short, they candidly advise the neighbors of the kennel license application, and ask if any of the neighboring residents oppose the issuing of the kennel license. There has been no opposition by neighbors in the last year, and as such the four kennel applications have been approved by the Chief Animal Control Officer. Per KMC there is an appeal process for those aggrieved by the granting of a kennel license. I understand the Planning and Zoning Commission is proposing an amendment to Title 3 which would amend the definition of kennel to distinguish between commercial and non commerical kennels, and establish a more formalized notice process for kennel license applications /renewals. Although the current process has worked well for the last two years, Chief Animal Control Officer Reid and I are receptive to amendment considerations which would more formalize /codify the kennel application process. 1992 #5, #6, and rare also related questions and issues. The existing ordinance does not provide for a hearing before the Animal Control Office's decision on granting, limiting, conditioning, or denying a license, but does provide for a hearing on an appeal to the Chief Animal Control Officer of the Animal Control Office's decision, followed by an appeal to the City Council. The existing ordinance also does provide for a hearing by the Chief Animal Control Officer or designer before a license revocation, followed by an appeal to the City Council. The amendments are creating a process similar to CUP applications with respect to applications and renewals. For CUP applications, the applicant and anyone receiving notice can comment in writing before the public hearing (but there is a Commission that holds the public hearing); and there is a public hearing at which the applicant and anyone receiving notice (or present) can comment before the Commission's vote; and there is a right of direct appeal to the Council as a Board of Adjustment per ICMC 14.20.290, followed by a right of appeal to the superior court. In the amendments on applications and renewals, the applicant and anyone receiving notice can comment in writing, and also can request a public hearing during the comment period, comment at the public hearing, then can appeal the Animal Control Officer's or designee's decision directly to the Council as a Board of Adjustment, followed by an appeal to the superior court. Council could consider having the Animal Control Officer's decision on applications and renewals be based on review of the application, inspection of premises, and review and consideration of written comments from the applicant and anyone receiving notice, without a hearing; and provide for a hearing only on an appeal of the Animal Control Officer's decision. The Council also could consider a different appeal process, such as an appeal to the City Manager or a hearing officer, rather than a direct appeal to Council as a Board of Adjustment. 1 don't favor a direct appeal to Council under Board of Adjustment procedures per KMC 14.20.290 (planning and zoning appeal procedures) for what is not really a planning and zoning issue, but is really a licensing issue relating to animal control or nuisance. If the issue is not a planning and zoning issue that goes through the Planning Zoning Commission before an appeal to Council as a Board of Adjustment, Pd like Council to consider and discuss another appeal process such as an appeal to the City Manager or to a hearing officer, followed by an appeal to Council and then appeal to the superior court (or skip the Council appeal altogether, and just appeal to superior court after appeal to City Manager or a hearing officer) rather than a direct appeal to Council as a BOA. The amendments provide for the same notice and appeal process for a renewal as for an original application. in the one instance that led to the development of this ordinance, a 3 13 renewal application was in dispute. However, it seems like it would be more important to have the notice and appeal process for the original application, and less important for a renewal, unless compl.ai.nts had been received prior to the filing of the renewal application. 8. Are the standards for "license revocation" in KMC 3.15.030 sufficient? I think subparagraph (c) is vague and want to ensure that the standards listed are sufficient. 4- 14 RESIDENTIAL, I l LAND USES C II R)tl RS i ILSI RS2 RU Ce C.G [L ro ER R TSH LC CLtU lens Family Utvolling 0 l er P P P P P 2 p31 6 S S CZ2 1 P P P s lel I IrvmQban Sunuly Dwelling (.I 1' P P P 2 I P p g l 0 C 0 22 p P S1/22L Four Pninliy Dwelling Clt P P 21 N P >21 I S t C C CR N P 0 5 (t(,21 �fi1veASh P antly Dwelling C IA C 5 r. 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KEY: P= Pnnctpal Permitted Lite 0 Cendltlonal the n Sec Ste N Net Paroled LAND USE TABLE ZONING DISTRICTS IOTPU Rene mnae roommrs nn mil P for additional 15 INDUSTRIAL 1 I I I LAND USES C RR RR! RS ISSI 11S2 tor RV CC CO IL OH ED I R I 'ESN LC 010) Ai/Eons and Related Uses C 0 0 IT N C P P P 9 I IT I C 1 N N 0 Automotive Repair 0 N N 0 11 r P PIN /521•1 N ,NI r Gas Manufamurer/StoraDe N N. 0 0 N N 01 N N 0 0 09 I I N[ 100 N N I N rhansfacierinOzheierins/ Assembly N 0 0 C N N 0 0 P P P N C 0 N[0 Mini-Rocas', Facility N 0 0 N N 0 0 r P P N 1 II N (2 0 Storage Yard N C 0 0 N N 0 0 9 I 9 0 N I N N N 0 II/webs/um N 0 0 0 N N C 71 t' P 01 N 1 C i N N I N PUBLIC/ INSTITUTIONAL I LAND USES I C 1111 RIK 110 RSiRS2 RU00 CG 0 IL I ED R LSD 10 0100 rcreTtahle Insdattions 0 C C C fl C 9 p P r P I P C r c 0 Churcher 0 p10 pUl p100 1 ,10 p111 p10 fa ?PP 0 0 P p i P 9 Mks 0 C 0 C C C 0 9 9 9 Ole C 0 9 I P I Colluder C C 0 0 0 0 P P 0 0 P 0 009 I Elementary Scheele C 0 0 0 C 0 C 9 P 0 0 P C 0 C 9 Governmental Bui1ditIN C C C CI 0 C 0 P P IP 0 9 C 0 P 1 9 191igil $011001e 0 0 0 C C c 0 c C ,1 C o) P lioapime 0 C C 0 0 0 C 0 9 9 0] C C C c] P I I- Lilmorierr 0 C 0 0 C 0 c l, V 9 e C 1 0 P 000 t 100001 111 0 0 0 0 .0 0 C P r 9 019 9 01 9 Parks and Recreation 9 C C 0 0 C o P C r P P P I I P P C I 0 I Assisted Livieg 0 C 0 0 0 0 01 0,0 "CIC 0 0 010 MIS! NEOUS -n LAND 00E0 0 RR MU RS RSI RS2 RU 1 CC 0)0 et. m ee R I TSH LC I CAM 5 —4 r Animal Boarding'' C 1 0 N N C C 0 0 C 1 N 0 1 f. Red and Breakfasts C C C C C C C Cable Renato C C C c N P P I CemeMdes C 0 0 C 10 N N N 0 C CINC C NIN I Crematories/Funeral Homes N 0 N C 94110 0 C 010 01040010 010 Vey Cure 0im1oro1 0 0 C C 0 0 0 P P .P 0 0 I 0 0 P I P Dormituries/Boarding Houses 0 C 0 C 0 0 9 2 21 S 0 P 1 011010101P 1 Earential ScrvIcee i P 9 P 9 9 9 9 P 9 P i P P P P i 9 IFa11,ing/Ge91ral A viculture's P 01 N Il N N N N 1 N N N r N p N N N P]!CINC000Ji1 t CoeuallouderTroc Nueseries 0 00000 C I II I KEY: Po Priatinal Pennitted Use Coislidtmal S Seemdaty N 'Nor Pomillee LAND USE TABLE ZONING DISTRICTS LAND USE TABLE 16 11010. Reference foonmIr on following pages for additional restrictions b MISCELLANEOUS r i I I I 1 'AND USES C RR 11111 RS I RSI I 11S2 i MI 3 1„. CC CO I H., 1 M 1 ED J R Tat LC 00191 I tOrmunithing, Priming. IhnidennY NI I C C C I C C P P I P (PIN 0 P P P I Assemblies (Lege: 00000699, 199, Ett) C C C 0. c I c 0 Pu p i5 pi5 I 5 I 5 r' t P f 1 c 1 1 ?15 1 l inen:mat Organizations/ Privat le 1 ClubstnnUel Nano end Unio 41 j C 0 0 0 01 C I P P P ICI I 1 It c P C P I I I Nursing, Convalescent orRest Homes 11 0 0 0:10 C P ICI0 C P t 0 0 0 P Parking, 0113Streci P 00 P i P 00 P P P P P P P P p I LParking, Public Lotslz 0 0 0 C 0 0 C 0 0 00 0 0.0 c 0 Personal Serviees25 0 0 0 0 c P 3 I r P 0 i i 0 P P/ czt p I Communications lowers St Animat(s), 1 P Radio/TV Trammittuarall Sites.'" 7a 0 0 c 0 0 c 1 4 P I P P P 0 0 0 0 I Merentionat Vehicle Parks 0 0 04 N 0 0 0 I 0 0 N I— C 0 N C [Subsurface Fannon of Natural Rfsn'acest6 0 C 0 0 0 C C C 0 0 N 0 I le I I 0 C N N N N 11 I N I I I Sarace Extraction of I Nougat neuron:ta 0 0 C 0 04 N 0 N 0 C KEY: 1 3. j 0. 0. I g Po Principal Permitted Use C Conditional Use SecOntlary Usa le –Not Permitted ZONING Dismices One (I) single-family residence per parcel, which is part of the main building. Allowed as n conditional use, subject to ainisfying the following conditions: The usable arca per dwelling nail shall be the same as that squired for dwelling units. in the RS zone; The site square footage in ama must be approved by the Commission; Yards around the site, ofiestreet narking. and other development requirements shall be the saint as for principal uses in the 0909 zone; Water and sewer facilities Mall meet the requirements of all applicable health regulations, 17 NOTE Reference theineres rm following gages foraddifionel restrictions 1 006 42 INCA Ses. 2000ce (Religious lurid Ilse and Insitartionalized Persons A t c52000) 1 st See 42 TetteramminicatIons Act of 1995, 0 c, 70403 Sc; however, 50 limitations imposed and; Vogl 3.10,070 [Footnotes: I. Allowed us a tecondary use except on the ground floor 25 0010 part of the building fronting on collector streets and mujor highways. Commercial or industrial which falls under the tandsoaningNile plans require;nents of Elsie 14.25 shall include any seetiadery uses in the landscaping and sito o The proposed dwelling group will consdtute a residential. area of sustained desirability and stability; will ha in harmony with the character 05611 ent neighbotitood, and will not adversely affect surrounding property values; Etc buildings shall be used only for residential purposes and customary accessory 1800, such as garages, storage spaces, and recreational and community activities; There shalt be provided, as part of the proposed development, adoetiatc recreation areas to serve the needs of the anticipated population; TM development shall not product a volume of traffic in *amts.& the capacity for which the access streets are designed; i. too ptoperty adjacent to the proposed dwelling group will not be adversely affected. 1. See "Townhousos" section, 5. Set 'Mobile Homes" section, 6. Allowed as a conditional use, anklet( to "Mobile Homes" section and provided that any mobile home park Enacts die minimum Federal Housing Authoriiy requirements. See "Planned Unit Residential Development" section. a. Allowed as a conditional not, provided that the proposed location and the characteristics of the site win not destroy the residential charucter ditto neighborhood. Allowedas a conditional use, provided that RIO applicable safety and Ere regulations are mot, 40. Provided that no part of any building is located nearer than thirty (30) fent to any adjoining street or property line. E. Allowed aoa conditional tn, provided that op pert prang building is located nearer than thirty (30) feet ID any adjoining 010001 00 progeny line and provided further that the proposed location and chainetcristims &Ethel= will not adversely affect the centinercial development elite zone. 12, Allowed 100 conditional use, provided that the following conditions amulet; 0. The onion:scot location of the use and the size and characteristic af the site will maitimine in benefit to the nubile,: li. Funs and entrances and &Unmet narking far the use are lomited to prevent traffic hazards on public streets, 13. Allowed tie a conditional use, provided that setbacks, Imam stripe. and other provisions are adequate to assure that the use will not be 0 nuisance to surrounding propenies. The Commission shall specify the conditions necessary to L544 this requiremeot. 14. Minuted son conditional use, provided that. no indication of saia uso is evident Sant the ementor natio mortuary. 15. Allowed, provided tart tiro following conditions are met: UM iced Cemmeoint zone Personal Services 1 1'erraided(S') Conditional Utc(C) An Studios X barbers X 1 »00011aa01 i X Dressmakers X Dry Clenaen 1 R Self Service Laundries X Fitness Canters i4B95ege Therapist 21 Pbnmgmphic Studios i 21 'niters I X 'Rnnfnb Selene 1 X �k Dam ParI s X An uncleared bulges strip of m least thirty (30) feet stall h, provided between said INC and any ad joining propany in a residolater man, h. Exits mad enimneoe and o@'- street parking for Ira rim shall be located m prevent traffic hazards on the public stets. I6. See "Conditional Uses" section. 1 17. Sac "Conditional Use Permit for Smdace Extraction oftamml Resources" section. I8. Conditional Use [Raved only on privately held property. Not allowed on government lends. 19. Deleted by Ordinance 2141 -2006, 1 20. The airport reared risco nilowed under this envy are aircraft approach zones per 1CMC 14,20.070(a), except that for properties contained aside rile airport pnnureter fence or P. access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are aliowed. 21. Developments for use ball be the sees as those listed in the'Devotolnnent Requirements l for the RURSii zones. 1 22. Allowed as a conditional use in conjunction with a permitted use in the ED sone. Far ©salnple, housing for ranchers or students for n school In the zone. Allowed as at accessary use in conjunction with epermitted use in the ED zone. For example, sdannitory used to horse sMAe+ts tvraschool or educanonai fad iry„ 24. Rated businesses aliowed as a secondary use in eonjamction with the primary use (e g.,a gift shop et coffee shop within mother business) 1 25. Are studios, barbers, btto(8 ens, 18500 parlors, dressmakers, dry cleaners mid self service laundries, fitness cent: ma, photographic shndio5, fellers, tanning salons and massage 1 iieraputs. 26. Food =micas are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Personal services not .eh forth In the above matrix are conditional eras. 28. Communications ewer antenna(s) allowed as a principal pelaaieed(5') use nix: applicable conditions set forth in Kiv4C 14 20255 nro met or a conditional. use (0) 5Pthe applicable condition sot forth in EMU 14.20.255 and 14.20.150 not sum. (Amended during 7 -7 -99 supplement; Ord. 1862 -2000; amended dining 12 -1.00 supplement; Ords, 1921.2001, 1938- 2001, 1956 -2002, 1962 -2002, 1990 2003,1994- 2003,2053 "2004,2081- 2005,2112- 2005, 2113 2005, 2144 2006,215 20 -2006 2195- 2006 2007,2272 -2007, 2403 2009,2425 -2009) 18 KENAI, ALASKA MEMO: "Village with a past, Cct with a Future 210 FideIgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 -283 -7535 FAX: 907- 283 -3014 City Council FROM: Rick Koch DATE: November 24, 2010 TO: SUBJECT: Ordinance 2519 -2010, Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non- Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions The purpose of this correspondence is to acknowledge receipt of Councilor Molloy's memorandum on the above referenced subject on November 23, 2010, and to request that consideration of this ordinance be postponed until the December 15, 2010 Council meeting. Councilor Molloy's memorandum asks a number of questions to which a written response should be prepared by the Administration, and included in the Council packet. Since November 23 was the deadline for inclusion of materials into the packet the Administration is unable to provide a written response for the November 23 meeting, The Administration is appreciative that Councilor Molloy provided his questions prior to the Council meeting so that the Administration can be prepared to provide a response. Given the Thanksgiving Holiday, it will be difficult to prepare a written response to have as a lay -down for the December 1, 2010 Council meeting. Additionally, I anticipate the written response to contain a significant amount of information (possibly requiring Administration discussing with Planning Zoning Commissioners), that should be included in the packet. Administration requests that consideration of Ordinance 2519 -2010 be postponed until the December 15, 2010 Council meeting so that Administration may prepare a written response to the questions raised by Councilor Molloy, and so the written response may be included in the Council packet. 19 Il li r 1992 thcii[y of NENAL AALASNA CITY OF KENAI ORDINANCE NO. 2520 -2010 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC SECTION 7.15,100, SETTING FEE SCHEDULES, TO PROVIDE FOR THE ESTABLISHMENT OF A FEE SCHEDULE AND TO REQUIRE THAT CHANGES TO RATES, C}- ARGES, OR FEES OF THE CITY SHALL BE PROPOSED BY THE CITY MANAGER AND BE EFFECTIVE AFTER APPROVAL OF THE CITY COUNCIL. WHEREAS, it is desirable to have a uniform process for changing rates, charges and fees imposed by the City; and, WHEREAS, the City Manager currently has the authority to make changes to municipal charges and fees not defined in the Kenai Municipal Code with immediate effect, subject to later review by the City Council; and, WHEREAS, fees defined in the Kenai Municipal Code are set by ordinance and cannot be lawfully changed without a lengthy public process; and, WHEREAS, by establishing many fees in Code, the City is prevented from timely reacting to changes in the business climate and increased costs of doing business, and it is desirable to provide more flexibility for the City administration to address a changing environment; and, WHEREAS, a unified fee schedule is a more efficient and unifouu way of examining the structure of the City's rates and charges and also provides a good source of public notice of and reference to the fees charged by the City; and, WHEREAS, uniformly setting fees by resolution provides a public process that requires a public hearing and Council review and approval before the City implements a change to a City rate, charge, or fee; and, WHEREAS, the Council anticipates changing the process by which City rates, charges and fees are typically established by moving these charges from the Kenai Municipal Code to a fee schedule adopted by resolution of the Council; and, WHEREAS, requiring approval of changes to a fee schedule to be made by resolution would ensure public notification and an opportunity to be heard concerning the rates, charges, and fees assessed by the City prior to their effective date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance New Text Underlined [DELETED TEXT BRACKETED] 20 Ordinance No. 2520 -2010 Page 2 of 2 Section 2. Amendment of Section 7.15.100 of the Kenai Municipal Code: The Kenai Municipal Code, Section 7.15.100, Setting Fee Schedules, is hereby amended as follows: 7.15.100 Setting fee schedules. The Council may adopt and amend a fee schedule specifving the rates, charges, or fees imposed by the City. Unless otherwise provided in the Kenai Code of Ordinances, any rates, charges, or fees imposed [CHARGED] by the City of Kenai shall be set by the City Manager[, SUBJECT TO] and shall be effective upon approval by resolution of [CHANGE BY] the City Council. [THE RATES, CHARGES OR FEES SET BY THE CITY MANAGER ARE EFFECTIVE UPON ENACTMENT BY THE CITY MANAGER; HOWEVER, THE CITY MANAGER SHALL NOTIFY THE COUNCIL IN WRITING AT THE NEXT REGULARLY SCHEDULED COUNCIL MEEliNG OF THE ADOPTION OR CHANGE OF ANY SUCH FEES, RATES, OR CHARGES.] Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of December, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text. Underlined: [DELETED TEXT BRACKETED! 21 Introduced: November 23, 2010 Adopted: December 1, 2010 Effective: January 1, 2011 the ci y KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,033.18 IN THE GENERAL FUND FOR STATE BUREAU OF HIGHWAY PATROL OVERTIME EXPENDITURES. WHEREAS, since July 1, 2009, a Kenai Police Department officer has worked on the Alaska State Troopers, Bureau of Highway Patrol (BHP) traffic team; and, WHEREAS, through Alaska Highway Safety Office funding, the State of Alaska has reimbursed the City of Kenai for the officer's salary and overtime; and, WHEREAS, actual overtime expenditures for the Kenai officer on the BHP traffic team have totaled $7,335.18 for the time period of July 1, 2010 to October 31, 2010, and those funds are paid out of the Police Overtime account; and, WHEREAS, the total Kenai Police budgeted BHP overtime for FY11 was WHEREAS, the Police Department is requesting the appropriation of $4,033.18 ($7,335.18 actual, minus $3,302.00 budgeted) to the General Fund, Police Overtime account to cover unbudgeted overtime costs of Bureau of Highway Patrol participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant Police ATTEST: Increase Appropriations: Police Overtime PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this tat day of December, 2010. Carol L. Freas, City Clerky Approved by Finance ORDINANCE NO. 2521-2010 CITY OF KENAI 22 Suggested by: Administration PAT PORTER, MAYOR $4,033.18 $4,033.18 3,302; and, Introduced: November 23, 2010 Adopted: December 1., 2010 Effective: December 1, 2010 Acu /uf KEN AI, ALASKA M FtMO. with a Future" 1II► 'Village with a Past, C 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 11/16110 SUBJECT: Ordinance requesting appropriation into Police Overtime Since July 1, 2009, a Kenai police officer has worked on the Alaska State Trooper, Bureau of Highway Patrol (BHP) traffic team. The State of Alaska, through Alaska Highway Safety Office grant funding, reimburses the City of Kenai for the officer's salary and overtime. The officers overtime is paid out of the City of Kenai police overtime account, which is now significantly depleted. BHP overtime reimbursements, from the State of Alaska, are deposited into the City of Kenai General Fund. Actual BHP overtime costs for the Kenai BHP officer for the first four months of this budget year (July 1 to October 31, 2010) are $7,335.18. The FY11 Police Overtime account was budgeted an estimated $3,302 for the BHP officer. Actual expended BHP overtime (July to October, 2010): Total budgeted BHP overtime for FY11: Amount requested in appropriation: $7,335.18 $3,302.00 (subtract) $4,033.18 I am requesting an ordinance appropriating $4,033.18 to the general fund, police overtime account to cover the unbudgeted BHP overtime costs from July to October of 2010. 1992 the ti* or KEKAl, WA SKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,069.53 IN THE GENERAL FUND FOR TRAINING FUNDS PROVIDED BY THE ALASKA POLICE STANDARDS COUNCIL. WHEREAS, the Alaska Police Standards Council has agreed to provide a check to the Police Department for $2,069.53 to assist with unbudgeted training costs; and, WHEREAS the Police Department is sending an officer to the State of Washington for Active Shooter Instructor Training and is also sending two officers to a Child Maltreatment Conference in Anchorage; and, WHEREAS, the Police Department did not budget for these worthwhile training sessions; and, WHEREAS, training funds provided by the Alaska Police Standards Council are deposited into the General Fund instead of the Police Transportation account; and, WHEREAS, the Police Department is requesting the appropriation of $2,069.53 to the General Fund, Police Transportation account to cover the costs of training NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant Police PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of December, 2010, ATTEST: Increase Appropriations: Police Transportation $2,069.53 Carol L, Freas, City Clerk/ Approved by Finance: CITY OF KENAI ORDINANCE NO 2522 -2010 New Text Underlined (DELETED TEXT BRACKETED] 24 Suggested by: Administration PAT PORTER, MAYOR $2,069.53 Introduced: November 23, 2010 Adopted: December 1, 2010 Effective: December 1, 2010 the u#o KEN Au ALASKA MEMO: "Village with a Past, (ity with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907- 283 -3014 q` �T�O: Rick Koch City Manager 1 PROM: Gus Sandahl Police Chief DATE: 11/15110 SUBJECT: Request ordinance appropriating anticipated training funds from the Alaska Police Standards Council The Alaska Police Standards Council has agreed to provide the Police Department with a check for $2,069.53 to help fund unbudgeted training costs. In December, the Police Department is sending Officer Trevor Miller to Active Shooter Instructor Training in the Seattle, WA area. Officer Miller is a member of the AST SERT team, and he has been the lead instructor to the Police Department with active shooter training in the schools. The training in Washington will enhance his ability to provide critical training to our officers. During the week of November 15 -19, Officers Cushman and Douthit are attending a Child Maltreatment Conference in Anchorage. This worthwhile conference was not budgeted in the FY11 Police Transportation budget. The $2,069.53 check from APSC will be deposited into the City of Kenai general fund. I am requesting an appropriation of $2,069.53 into the general fund, police transportation account to help cover the costs of the unbudgeted training. The appropriation will assist the Police Department with providing other officer training for the remainder of this budget year. U Z O U CI N r 2 W U 03 5 W U o W R 0 0 o o w u- 440 Z W F O W E Z W 2 z z 1- to Z 0 M 0 2' u Q Ih O 0 to W U W J W uJ w 2 0 o W 26 4 December 2010 MEETING L Sunday Monday j Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 Nov 2010 Jan 2011 6 M T W T F 8 8 M T 1N T F S COUNCIL Parks 1 2 3 4 5 6 1 MEETING, 7p, Recreation 7 8 9 10 11 12 13 2 3 4 5 6 7 8 Council Chambers Commission, 7p, Council 14 15 16 17 18 19 20 9 10 11 12 13 14 15 Chambers 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 23 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 Harbor Library PLANNING Commission, Commission, ZONING Airport 7p, Council 7p, Council COMMISSION, Commission, Chambers Chambers 7p, Council 7p, Council Chambers Chambers Council on Aging, 4:30p, Senior Center C®/aeti, P 12 13 14 15 16 17 18 Board of COUNCIL Adjustment MEETING, 7p, Hearing, 6p, Council Council Chambers Chambers Gkr/& g iv4 (Goddard) Altdinj i tee fraer GeWt 19 20 21 22 23 24 25 w 2 p NNING M,y ZO NG ��7 COM SSION dip MEE G t'l�i CANCELL D D ged 26 27 28 29 30 31 Beautificaiton HOLIDAYIOFFI Committee CLOSED Special Meeting, 7p, Council Chambers Cowl January 11 MEETING LE Sunday 1 Monday Tuesday Wednesday Thursday Friday Saturday 1 5 Dec 2010 M T W I F S Feb 2011 5 M T W T F 5 5 12 19 26 1 2 3 4 6 7 8 9 10 11 13 14 15 16 17 18 20 21 22 23 24 25 27 28 29 30 31 2 8 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3 4 Library Commission, 7p, Council Chambers 5 CITY COUNCIL MEETING, 7p, Council Chambers 6 7 8 9 10 Harbor Commission, 7p, Council Chambers 11 Beautification Committee, 7p, Council Chambers 1 2 PLANNING ZONING COMMISSION, 7p, Council Chambers 13 Airport Commission, 7p, Council Chambers Council on Aging, Center Senior Centee r 14 15 1 6 17 18 19 CITY COUNCIL MEETING, 7p, Council 20 21 22 "Ctiam.ers 23 24 of 25 26 PLANNING ZONING COMMISSION, 7p, Council Chambers 27 28 29 r ace 30 31 I February 11 MEETING LE Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 ICJ Library CITY Parks Commission, COUNCIL Recreation 7p, Council MEETING, 7p, Commission, Chambers Council 7p, Council Chambers Chambers 6 7 8 9 10 11 12 Harbor PLANNING Airport Commission, ZONING Commission, 7p, Council COMMISSION, 7p, Council Chambers 7p, Council Chambers Chambers Council on Aging, 4:30p, /f Senior Center (,Q(3qub b 13 14 15 16 17 18 19 CITY COUNCIL MEETING, 7p, Council Chambers 20 21 22 23 24 25 26 HOLIDA CITY PLANNING OFFIC- ZONING CLO D COMMISSION, 7p, Council Chambers 27 28 Jan 2011 Mar2011 S M T V I T F S S M T W T F S 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 23 29 27 28 29 30 31 30 31 March 2011 MEETING CALENDAR Sunday Monday Tuesday Wednesday Thursaay Friday Saturday 1 Library Commission, 7p, Council Chambers 2 CITY COUNCIL MEETING, 7p, Council Chambers 3 4 5 5 M Feb 2011 F W T F 5 6 13 20 27 7 14 21 28 1 B 15 22 2 3 4 5 9 16 11 12 16 17 18 19 23 24 25 26 6 7 Harbor Commission, 7p, Council Chambers 8 9 PLANNING ZONING COMMISSION, 7p, Council Chambers 10 Airport Commission, 7p, Council Chambers Council on Aging, 4:30p, Senior Center 11 eight/a7 12 13 14 15 16 CITY COUNCIL MEETING, 7p, Council Chambers 17 1 8 19 20 21 22 23 PLANNING ZONING COMMISSION, 7p, Council Chambers 24 25 26 27 28 29 30 31 5 M Apr 2011 7 6 6 7 6 6 3 4 10 11 17 18 24 25 5 6 12 13 19 20 26 27 7 14 21 26 1 8 15 22 29 2 9 16 23 30 L£LV KENA ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,600.77 IN THE GENERAL FUND FOR STATE TRAFFIC GRANT OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, AHSO traffic- related overtime funds require no local match and allow the department to provide specific traffic safety patrols; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $2,600.77 from July 1 to October 31 of 2010; and, WHEREAS, the Police Department is requesting the appropriation of $2,600.77 to the General Fund, Police Overtime account to cover actual costs of traffic safety program participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of December, 2010. ATTEST: Increase Appropriations: Police Overtime $2,600.77 Carol L. Freas, City Clerk Approved by Finance: ORDINANCE NO. 2523 -2010 7 CITY OF KENAI 27 Suggested by: Administration PAT PORTER, MAYOR $2,600.77 Introduced: November 23, 2010 Adopted: December 1, 2010 Effective: December 1, 2010 fhe co'yu i r KENAI. ALASKA MEMO: gage with a Past, Gity with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 111111 1992 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 11/16/10 SUBJECT: Ordinance requesting appropriation Police Overtime The Kenai Police Department continues to participate in seatbelt and DUI overtime patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO). These overtime patrols are not budgeted in the FY11 budget. Actual overtime costs for Click it or Ticket and DUI overtime patrols from July to October of 2010 are $2,600.77. AHSO- overtime reimbursements are deposited into the general fund. The police overtime account has a significant depletion, and I am requesting an appropriation of $2,600.77 into the general fund, police overtime account for actual AHSO- related overtime costs. The actual overtime costs for the AHSO related programs for the first 4 months of this budget year are as follows: DUI $1,505.59 Seatbelt $1.095.18 Total Requested Appropriation $2,600.77 REPORT OF CITY MANAGER Total 2009 Chan ERA RA GRANT a KENAI Combined AVIATION AVIATION 2999 AVIATION Month Total January I 4A66 1,797 6,263 6,824 -561 129 1 6392 February 4,171 1305 5,976 5,971 5 110 6,086 March 4,787 2,023 6,810 6,029 i 781 116 6,926 April 4,366 2.018 6,384 5,804 580 126 6,510 May 4,556 1322 6,478 6,611 -133 198 6,676 June 4.879 2,126 7,005 6,857 148 202 7,207 July 7,825 2467 10,292 9,612 680 270 10,562 August 7,271 2,582 9,853 9,153 700 246 10.099 September 5,148 1,961 7,109 7,379 -270 224 7.553 October I 5,555 2,058 7.613 6,919 694 185 7,798 November 6,714 December 6,260 Totals 53,024 20,759 73,783 84,133 1,930 1,806 75,809 October 2009/2010 $15,024 2010/2011 516,883 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 Terminal Vehicle Parking Revenues Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun 30 October 2010 7,613 FY10 INFORMATION ITEMS W 5 J 0 z 0 U a 0 LL 0 0 0 0 vi 0 Z Q 0 0 o kit re eV W CO Olv z 5 W W W 0 W m LL co Q W Z 0 z K O w co _1 4 S 0 c) cc z 0 Z 0 0 0 z 0 U 0 0 d a �n 0 x -J 111 0 O 32 1 BOB MOLLOY COUNCIL MEMBER CITY OF KENAI (907) 283 -7373 (VOICE) 283 -2835 (FAX) bob @molloyforcounci1. com TO: Pat Porter, Mayor; Mike Boyle, Vice Mayor; Council Members Bookey, Gabriel, Marquis, Moore FROM: Bob Molloy, Council Member DATE: 11 -23 -10 SUBJECT: Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Terns "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions After following Ordinance 2519 -2010 through Planning Zoning Commission meetings, and reviewing the Land Use Table in connection with presentations made by residents in September 2010, there are several questions and issues that I have, This is to provide advance notice of these questions and issues, since it is likely that comments and discussion on these issues and questions will be needed from the City Attorney and through the City Manager, from the City Planner, the Animal Control Officer, and the Chief of Police. 1 am not asking or expecting anyone to write a response memo; fin only providing advance notice so people can think about these questions and issues before the 12/01/10 Council meeting. The questions and issues, and some of my related comments, are: 1. Should the definition of "Kennel, Private" be "Kennel, Non Commercial 2. What is the intent of these amendments to Title 3 Animal Control as relates to Planning and Zoning under Title 14? 3. Does the City need to put "Kennel, Commercial" more clearly into the Planning Zoning Code, as distinguished from "Kennel, Private" or "Kennel, Non- Commercial"? For example, will the change in definition of "Kennel, Commercial" need to be carried over into a change in definition of "A.nimal Boarding" for the Land Use Table? 11 4. After these amendments, what is the effect of issuing a kennel license? These first four questions are related questions and issues. Generally, Title 3 is about protection and safety of animals, and protection of the public from vicious animals and nuisance animals, and it is not about land use planning, These amendments to Title 3 do not include any express changes or amendments to the zoning code, Title 14. The proposed new definition is "Kennel, Commercial" and "Kennel, Private." Since "commercial" includes "private" business, perhaps it would be better to define "commercial" vs. "non commercial." This has some relevance to the interface or relationship of these definitions in Title 3 Animal Control to Title 14 Planning and Zoning and in particular to the Land Use Table, KMC 14.20.220 (copy attached). The only "commercial" activity that appears to be expressly regulated in the Land Use Table is "Animal Boarding," which is listed under Miscellaneous Land Uses, "Animal Boarding" is allowed as a conditional use in all zones except RS2, RU, ED, and TSI1, with the conditions stated in footnote 13 for setbacks, buffer strips and other provisions that will be "adequate to assure that the use will not be a nuisance to surrounding properties." The Planning Zoning Commission "shall specify the conditions necessary to fulfill this requirement." Does the City need to put something relating to these amendments more clearly into the zoning code? It appears that the issuance of a kennel license under KMC 3.15.020 Licensing procedure means the Animal Control Office has determined that the application meets the licensing criteria, has inspected the premises, and has determined that the applicant will operate the kennel on the premises in accordance with standards set forth in KMC 3.15.050. The issuance of a kennel license does not appear to he a determination that this is a permitted use in the applicable zone under Title 14. Is this still the effect or the intent? Will the applicant for a use defined as "Kennel, Commercial" that is other than "Animal Boarding" also have to apply for a CUP through P&Z? 5. Should the City provide that there is written comment only during the comment period before the decision on an application or renewal, with a public hearing on an appeal by the applicant or by any person receiving notice as pan of an appeal process; or as proposed in the amendments, provide that either the applicant or any person receiving notice may have a public hearing during the continent period? 6. Should the City provide for a direct appeal to Council as a Board of Adjustment per KMC 14.20.290 rather than some other appeal process? 7. Should there be the saute notice and potential appeal process for a renewal as for an original application? 2 12 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council. 2. Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by $4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 3. Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by 52,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: December 2, 2010 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF DECEMBER 1, 2010 INFORMATION ITEMS KENAI CITY COUNCIL MEETING DECEMBER 1, 2010 1. 12/1/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. 2. Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council. 3. Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by S4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 4. Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by $2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Corene Hall, Deputy City Clerk Posted: November 24, 2010 NOTICE OF PUBLIC HEARING DECEMBER 1, 2010 CITY OF KENAI COUNCIL MEETING UNITED STATES OF AMERICA, STATE OF ALASKA PO #93476 PUBLISHER'S AFFIDAVIT Denise Reece being first duly sworn, on oath deposes and says: That 1 am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive dayin the issues on the following dates: November 29, 2010 SUBSCRIBED AND SWORN to m before this-- 6 h da of December 2010 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 1, 2010 7:00 PM. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1 John Bost, Mikunda.Cottrell Co. Presentation of FY10 Comprehensive Annual financial Report. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on Their own and on others' behalf.) 1. Ordinance No 2519.2010 Amending Title 3 of the Kenai Municipal Code 'Animal Control," to Amend the. Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions, 2. Ordinance No 2520. 2010' Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council. 3. Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by $4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 4. Ordinance No. 2522.2010 Increasing Estimated Revenues and Appropriations by $2 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. ITEM F: UNFI!u SHED BUSINESS ITEM O: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No 2523.2010 Increasing Estimated Revenues and Appropriations by $2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. 4. Discussion /Action Schedule Work Session /Open Meetings Act and Public Records Training. EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D497/211