Loading...
HomeMy WebLinkAbout2011-04-06 Council PacketI COUNCIL MEETING DATE: Mayor /Council (5) (Porter, Boyle, Bookey Gabriel Moore) Clerk (2) Library (1) Attorney (1) City Manager (1) MAKE 18 PACKETS COUNCIL PACKET DISTRIBUTION Finance (1) Student Rep. (1) Hall Binder (1) Fire (1) 4 aunytt Clarion (1) KSRM (1) Mellish Itoo Schmidt (1) me. rje ELECTRONIC COPY NOTICE Send out notice to "All" with link to Council Packet. DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish Schmidt's Office will pick their packet up in the Clerk's 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 Peninsula 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 as possible before leaving the office for the weekend. n .1 4'7 ir in 7 4.'4 tY117:0) S I I 1 II I Il III I I 411 .4 ti; 1 F4 rg I. II n s II /18 MOLLOY BOYLE PORTER II MOORE GABRIEL MOLLOY AlA0E PORT 1IN "Yrt: JIS EY estaith. JIS n .1 I 4 4 1 t ir I6i in 7 4.'4 tY117:0) S I I 411 .4 ti; 1 F4 rg I. II n 'af4 II AO 1111 BOYLE PORTER MOORE GABRIEL III SAS 4rgy //g/ MOLLOY AlA0E PORT 1IN 12PEIEIVO 1 EY estaith. JIS n .1 I 4 4 1 t L in 7 4.'4 s I I 411 .4 ti; 1 rg I. II g- /73S 'af4 BOYLE PORTER AO 1111 BOYLE PORTER MOORE GABRIEL KEY 71,P QUES 1 1 .1 1 in 7 4.'4 s I 11 rg I. g- /73S MOLLOY BOYLE PORTER MOORE GABRIEL KEY 71,P QUES co o_ a 5 O -J J 0 2 w J 0 OJ N w et 0 0 2 J w 5 w J O cc w 1- Ix 0 d w cc 0 0 -J w m w 0 0 C(] COUNCIL MEETING 0 •,4 cc w H x 0 w cC 0 w E m o 0 o 0 CC 2 0 w 0 w H 0 0 w DC 0 0 -J LLJ uJ Ec c o 0 0 O co 0) 0 WI _J --I 0 0 CO 0 0 LU 0 co uJ cc 0 0 2 LJJ o: 0 <0 cDico (1) E5 0 TT Ihil 0) 111 L 0 WI _J --I 0 0 CO 0 0 LU 0 co uJ cc 0 0 2 LJJ o: 0 <0 cDico (1) E5 0 I Ihil 0) 111 0 WI _J --I 0 0 CO 0 0 LU 0 co uJ cc 0 0 2 LJJ o: 0 <0 cDico (1) E5 0 0) 0 WI _J --I 0 0 CO 0 0 LU 0 co uJ cc 0 0 2 LJJ o: 0 <0 cDico (1) E5 0 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 6, 2011 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 more 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: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Teens Against Tobacco Use (TATU) Dangers of Secondhand Smoke 2. Courtney Stroh "Caring for the Kenai" Project /Beach Cleaning After Dipnet Fishery ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: 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.) Ordinance No. 2537 -2011 Amending the Kenai Municipal Code chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections (Clerk's Note: At the February 16, 2011 council meeting, Ordinance No. 2537- 2011 was postponed for referral to the Planning Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing. A motion to enact Ordinance No. 2537 -2011 is active.) 18 a. Ordinance No. 2537 -2011 (Substitute) Amending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections 2. Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by $2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska 3. Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by $6,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds 4. Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by $3,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska 5. Ordinance No. 2543 -2011 Increasing Estimated Revenues and Appropriations by S30,000 in the Municipal Park Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion 6. Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by $60,000 in the Cemetery Improvements Capital Project Fund a. Ordinance No. 2544 -2011 (Substitute) Increasing Estimated Revenues and Appropriations by $30,000 in the Cemetery Improvements Capital Project Fund 7. Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence and Making Technical Corrections 8. Resolution No. 2011 -26 Supporting House Joint Resolution No. 17, Urging the United States Congress to Pass Legislation Ensuring State Primacy Over the Regulation of Drinking Water and Wastewater Treatment 10. Resolution No. 2011 -28 Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled, "Lawton Drive /Beaver Loop Water Main Extension 2011," for the Total Amount of $988,615.00 29 36 38 40 42 43 44 46 55 9. Resolution No. 2011 -27 Supporting Senate Bill 100, Which Would End Requirements for Termination Studies in Limited Circumstances 60 66 11. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION LICENSE Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center Site, License No. 3209) 1.2. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION LICENSE L M Ventures, Inc., d /b /a Little Ski Mo Drive #1774) OF LIQUOR (Recreational OF LIQUOR [nn (License 68 70 ITEM E: MINUTES 1. *Regular Meeting of March 16, 201 72 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 89 2. Approval of Purchase Orders Exceeding $1.5,000 90 3. Ordinance No. 2546 -2011 Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone 4. *Ordinance No. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase 1 6. *Ordinance No. 2549 -2011 Increasing Estimated Revenues and Appropriations by $945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System 7. *Ordinance No. 2550 -2011 Increasing Estimated Revenues and Appropriations by S407,374 in the Water Sewer Special Revenue Fund and By $2,477,374 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well 91 146 5. *Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment 149 152 154 8. *Ordinance No. 2551 -2011 Increasing Estimated. Revenues and Appropriations by S175,000 in the Bridge Access Water Sewer Capital Project Fund, $93,714 in the Water Sewer Special Revenue Fund, and by 5895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well 9. *Ordinance No. 2552 -2011 Increasing Estimated Revenues and Appropriations by $288,000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon -to -Be Constructed Water Treatment Facility and the City's Water Transmission System 160 10. Discussion Joint Work Session with Kenai Peninsula Borough Assembly /Administration and City of Soldotna Council /Administration 11. Discussion Request to Purchase /From Ma Pa Alaskan Treasures, Inc. Lot 2, Block 1, Gusty Subdivision 162 12. Discussion Schedule Additional Budget Work Sessions 173 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 176 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 182 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 157 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 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 APRIL 6, 2011 Page No. 4/6/2011 Purchase Orders Between $2,500 and $15,000 for Council Review 218 2. Budget Transfer in Capital Projects in Excess of 5,000 3. 3/16/2011 J. Beckmann, CARTS Executive Director, letter requesting 55,000 to supplement CARTS FY2012 budget 219 4. 3/9/2011 M. Kebschull memorandum regarding Comprehensive Plan Update... 220 5. 3/31/2011 C. Cunningham memorandum related to 2011 Lease Renegotiations 221 6. 3/17/2011 James Rowell application for commission appointment (currently no vacancies on either Planning Zoning Commission or Parks Recreation Commission). 223 7. 2/22/2011 Ryan M. Tunseth application for commission appointment (currently no vacancies on the Parks Recreation Commission) 224 8. 2011 Alaska Gaming Permit Application Friends of the Kenai Community Library 225 ADD TO: ADD TO: ADD TO: None. APRIL 6, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET Item D -1, Ordinance No. 2537 -2011 and Substitute March 10, 2011 M. Kebschull memo identifying recommended amendments to the ordinance of the Planning Zoning Commission. REPLACE PAGES: Item G -3, Ordinance No. 2546 -2011 Packet page 94 (Page 1 of 5 of Attachment A Correction: Townhouses RR1, C3a z9) Packet page 98 (Page 5 of 5, Attachment A Correction: ...275 feet) Item G -3, Ordinance No. 2546 -2011 Email transmissions In support of the ordinance from: Georgia Poynor Gloria Wik Norman E. Fahnholz Debby J. Fahnholz Item H -7(e), Report of Kenai Peninsula Borough Assembly Assembly Member Smalley report of April 5, 2011 Assembly meeting. CONSENT AGENDA REQUESTED BY: CITY CLERK CITY CLERK CITY CLERK Waling through second -hand smoke at entrances is not only unpleasant for cli ployees, it is also a proven health hazard. There is no safe level of exposure to second -hand smoke. in locations where people are in close proximity to active smoking, outdoor tobacco smoke levels can be higher than .indoor tobacco smoke levels. Improperly discarded cigarettes and other lighted tobacco products can pose a fire risk.. which could lead to increa.sed insurance costs, There are additional. cleaning costs from the litter caused by discarded cigarette butts. There has been successful litigation brought against employers from employees and clients for exposure to second -hand smoke. There have been some communities that have banned smoking outside of recreational facili- ties in order to prevent children seeing adult role models who smoke. The more extensive the restrictions on smoking, the greater the number of smokers who quit, and the less the amount of tobacco used by those who still smoke. The cost to Alaska's economy and its health care system from smoldng is significant. Health care spending on diseases caused by tobacco exceeds 169 million dollars annually. Simply posting smoke -free signs is not effective in the long -term in eliminating smoking in an area, such as an entrance. Policies give the employer the opportunity to provide staff with education and qu it. srrtoking support. 0 It also provides clarity as to how the policy will be enforced. ,8 i t Please consider joining the other local businesses in estab- fishing a smokefree entrance policy for your business, signs: the unacceptability of tobacco use to prevent youth initia- tion. 88% of all Alaskan adults believe that people should be pro- tected from secondhand smoke SHS can trigger asthma episodes and increase the severity of attacks. Any exposure will make asthma more severe. SHS kills approximately 50,000 non-smoking Americans each year from heart disease and long cancer. Join our many local businesses that have already posted Policies protectagainst SHS exposure to those with respira- tory diseases, support people that are trying to quit their nicotine addiction, contribute to a communi ty norm about 02 -113 For many years, dip netting has been a significant part of Alaska's culture and society. Dip netting is important to the Kenai Peninsula and a privilege for the residents of Alaska that should be respected. Dip netting itself isn't the problem. The problem is the way that dip netters treat the beach and river during dip netting season. Everything from metal barrels to wrappers to fish remains are left scattered on the sand and in the water. Obviously, litter is a prominent and harmful form of pollution affecting the Kenai's treasured river, beaches and wildlife. Thousands of Alaskan residents travel to Kenai to dip net every year. Most dip netters process their own fish on the beach, dumping the fish remains in the river or ocean, or just leaving them on the beach. Unfortunately, fish remains thrown into the river just create a bigger problem. The river's current isn't strong enough to take the fish remains out to sea; instead they just get caught in the powerful tide and swept back to shore. People don't view the Fish remains as problematic because they are "natural however, the fish remains can cause outbreaks of fecal coliform, which can be harmful to the environment. Fecal coliform is a bacterium found in the water caused by the unnatural concentration of fecal matter. When fish remains are improperly disposed of, birds come to the beach and eat them, then produce fecal matter and deposit it in the river and ocean. When there is fecal coliform in the water, people shouldn't be dip netting in it. This is why leaving fish remains on the beach is a problem that can affect the environment and the wildlife. The more obvious and well -known problem is the trash and litter left on the beach after dip netting. After one month of people camping and fishing on the beach, a lot of trash accumulates on the shore and dunes. Not only is the trash extremely unsightly and repulsive, but also harmful to the marine wildlife and birds. Plastic bags and wrappers, glass and plastic bottles, aluminum cans, diapers, rubber boots, plastic fencing, wooden pallets and metal barrels are among the wide range of trash left on the beach. The trash can easily be swept away by the wind and tide, creating death traps for animals. Litter on the beach is an enormous problem that we need to do something about. After speaking with people from the Fish and Game (Jeff Fox and Bob Frates), the cannery (Brenda Dale), people who live on the beach (Jeanne Sorenson, Mr. and Mrs, Salzetti, Dominick Eubank and Jan Darch) and the Mayor Porter I have found out that the hest way to tackle this problem is through education. If we can educate dip netters about the damage they are doing to the beach and how to properly dispose of their fish remains and trash, we can reduce if not eliminate the problem. First, I will make a brochure about how to properly dispose of fish waste and garbage. It will also encourage dip netters to be respectful, responsible and reasonable toward the beach. This brochure will be passed out at the pay booths. Second, I will make a continuous video loop that will demonstrate proper disposal of waste through visuals. This video loop will also be played at the pay booths. Lastly, I will ask the city to provide dumpsters on the beach for people to deposit their trash and fish waste in. I will call this the "ROC The Kenai" plan. The R stands for respect, the 0 stands for our and the C stands for community. I intend for the "ROC the Kenai" plan to reduce and eventually eliminate the fecal coliform outbreaks in the river during dip netting season. Also, it will make the beach a cleaner, healthier place for dip netters and observers. The research for my "ROC The Kenai" plan has included lots of different steps. I've interviewed the mayor of Kenai, a representative from the cannery, a biologist from the Fish and Game, a representative of the city council and numerous dip netters. l also read the annual dip net report, which gave me plenty of valuable information. From all my research I've learned about the serious pollution that is happening on the beach and ways to stop it.1 believe that education is the best way to reduce the problem. If people knew about the damage they are causing to our environment they are more likely to stop. Lastly, 1 have begun the construction of an educational brochure and video loop, In order to get my "ROC The Kenai" plan into action there is still a lot that I have to do. I will need to present to the city council and ask them to provide dumpsters for the beach with their profit from dip netting season. l will also have to talk more with the canneries about disposal of fish waste. The cost for the "ROC The Kenai" plan is the cost of printing brochures, buying a computer to play the video loop and the cost of a dumpster. The price found for an all in one computer from Dell is 599.00, however I want to write to them and see if I can get a discount for a community project. Alaska Waste has dumpsters priced at $406.00 for each dumpster) per week so the cost for the entire dip netting season (6 dumpsters) would be $9,744.00. Brochures are priced at $0.83 each for 5,000 and if more need to be ordered additional savings come in greater quantities. The total cost for the brochure printing is $4,150.00. "ROC The Kenai" plan will cost about $20,000.00 total. Last summer the City of Kenai made $103,143.58 from dip net fishery. 1 will ask the City of Kenai to help fund "ROC the Kenai" along with support from grant money. This project will raise community awareness about pollution of our beaches and river during dip netting season. With the "ROC The Kenai" plan, we can have fun dip netting while respecting the environment and wildlife on the Kenai. 1 encourage everyone to keep on ROC'in! -3- -7- -10- -12- -14- -16- -15- -17- KENGIALASKA Sponsored by: Planning Br, Zoning Comm ssion CITY OF KENAI ORDINANCE NO. 2537 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE CHAPTER 3.10, CONTROL AND TREATMENT OF ANIMALS, TO PROVIDE FOR NEW REGULATION OF BEEKEEPING WITHIN THE CITY OF KENAI INCLUDING THE CITATION PROCEDURES AND PENALTIES FOR VIOLATION OF ORDINANCES, AND MAKING TECHNICAL CHANGES AND CORRECTIONS. WHEREAS, honey bees (species Apis mellifera) are of benefit to humankind by providing for agriculture and fruit and garden pollination services, and by furnishing honey, wax, and other useful products; an.d, WHEREAS, domestic strains of honey bees have been selectively bred for desirable traits, including gentleness, honey production, tendency not to swarm, and non aggressive behavior; and, WHEREAS, gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed and maintained; and, WHEREAS, there are hundreds of beekeepers throughout the State of Alaska and there are many beekeepers that reside in the City of Kenai; and, WHEREAS, the City recognizes that adverse neighborhood impacts, including but not limited to swarming, stinging and the spread of disease, may result from the keeping of bees if appropriate and responsible beekeeping practices are not followed; and, WHEREAS, regulation by the City is intended to create standards and requirements that help to ensure that bees kept by residents do not adversely impact the use and enjoyment of neighborhood properties surrounding the property on which the bees are kept; and, WHEREAS, it is in the best interests of the City to adopt standards for the keeping of bees within the City limits. 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 3.05.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 105.070, Citation procedure, is hereby amended as follows: New Text Linderlined• [DELETED TEXT BRACKETED] -18- Ordinance No. 2537 -2011 Page 2 of 5 3.05.070 Citation procedure. (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a term, condition., or limitation of a Iicense issued hereunder, or a City regulation promulgated under this title. (b) A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to appear to answer to the charge in the District Court for the Third Judicial District of the State of Alaska at Kenai. (c) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the District Court for the Third Judicial District of the State of Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by official action. (d) A summons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful complaint for the purpose of prosecuting a violation of this title. (e) Mandatory Court Appearance shall be required: (1) For a violation of KMC 3.10.020(c). (2) For a violation of KMC 3.10.070(g). (3[2]) For all cruelty charges under this code. (4[3]) Upon second citation of all other provis month period. s of Chapter 3.10 in a twelve (12) Section 3. Amendment of Section 3.10.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3,10.070, Livestock within the city limits, is hereby amended as follows: 3.10.070 Livestock within the city limits. (a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of Kenai.. (b) Livestock, other than bees may be kept on lots of forty thousand (40,000) square feet or greater. No livestock shall be allowed in the RU, RS 1, RS2 or TSH zones. Animals raised for a fur bearing purpose are not allowed in any zone. Beekeeping will be restricted as described in 3.10.070(g). (c) In this section "livestock" is defined as the following animals: New Text Underlined; DELE TED TEXT BRACRE"a'EDi -19- Ordinance No. 2537 -2011 Page 3 of 5 (1) Cow (2) Horse (3) American bison (4) Llama (5) Alpaca (6) Sheep (7) Swine (o) Goat (9) Mule (10) Donkey (11) Ratite (12) Duck (13) Goose (14) Chicken (15) Turkey (16) Rabbit (17) Honey Bees (Apis m.ellifera) (d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City may charge a pe, nit fee, which fee shall be as set forth in the City's schedule of fees adopted by the City Council. [THE CITY MANAGER MAY SET A PERMIT FEE AS SET OUT IN KMC 7.15.100.1 (2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4 -1-1, Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under this section. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code, Appeal of issuance or revocation of a permit may be made in writing to the board of adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City may charge a permit fee, which fee shall be as set forth in the Citv's schedule of fees adopted by the City Council. [The City Manager may set a permit fee as set out in KMC 7.1:5.100.1 New Text Underlined (DELETED TEXT BRACKETED) _20_ Ordinance No. 2537 -2011 Page 4 of 5 (e) Lots on which livestock are kept on the effective date of the ordinance codified in this section which are not eligible for the keeping of livestock under this section shall be considered a non conforming use of land under KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of the ordinance codified in this section. Offspring of livestock allowed as a non- conforming use under this section may be kept on such lots only until they are old enough to be relocated to a site conforming to this section or outside of the city limits. (f) Except as set forth in subsection (g), below, cIC]orrals, pens, hutches, coops or other animal containment structures must have a minimum setback of twenty -five feet (25') from the property's side yards, fifty feet (50') from the front yard, and ten feet (10') from the back yard.[;) All animal containment structures (AND) must be secure and in good repair. (g) No person may keep honey bees. Api mellifera, in a manner that is inconsistent with the following requirements or that is inconsistent with any other section of this Code. (1) Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adjacent property. To that end, colonies shall be situated at least twenty -five feet (251 feet from any lot line not in common ownership; or oriented with entrances facing away from adjacent property; or placed at least eight feet (81 above ground level; or placed behind a fence at least six feet (6') in height and extending at least ten feet (10') beyond each hive in both directions. (2) No person shall keep more than four (4) hives on a lot of 10.000 square feet or smaller, nor shall any person keep more than one (1) additional hive for each additional 2,400 square feet over 10,000 on lots larger than 10,000 square feet. (3) It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy condition or to interfere with the normal use or enjoyment of any property in the vicinity of the colony by humans or animals, (4) Beekeepers shall take appropriate care according to best management practices when transporting hives of bees. Bees being transported have entrance screens or be secured under netting. (5) Beekeepers shall acquire hives and hive equipment from sources that are free from American Foulbrood and other bee related diseases and pests. (6) The teem "hive" as used in this section means the structure intended for the housing of a. bee colony. The term "colony" as used in this section means a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood. New Text Underlined; [DELETED TEXT BRACKETED -21- Ordinance No. 2537 -2011 Page 5 of 5 (h[G]) A person seeking relief from the provisions of this section may apply for a conditional use peunit under KMC 14.20.150. [(h) THE ORDINANCE CODIFIED IN THIS SECTION WILL COME BACK TO THE CITY COUNCIL FOR REVIEW TWENTY -FOUR (24) MONTHS AFTER THE EFFECTIVE DATE.] Section 4. 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 5. 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 sixth day of April, 2011. ATTEST: Carol L. Freas, City Clerk New Text Underlined [DELETED TEXT BRACKETED] -22- PAT PORTER. MAYOR Introduced: February 2, 2011 Second Reading: February 16, 2011 Third Reading: April 6, 2011 Adoption: April 6, 2011 Effective: May 6, 2011 MEMO: "tf TO: Rick Koch, City Manager 'Villa e with a Past, Cc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 FROM: Marilyn Kebschull, Planning Administration, DATE: January 27, 2011 SUBJECT: Ordinance No. 2537 -2011 Amending Chapter 3.10 Beekeeping In July 2010, Council heard testimony from a citizen who had received a citation for beekeeping. It was explained that the animal control ordinance didn't specifically address beekeeping and it was recommended Council consider a regulation which would provide guidance to beekeepers in the City. The Planning and Zoning Commission was asked to review the issue and make a recommendation as to whether beekeeping should be regulated in the City. The Commission held work sessions and developed the proposed amendment with public input and the assistance of Chief Sandahl and Animal Control Officer Brett Reid. While researching the amendment, Attorney Stearns discovered controls in other ordinances that might help to minimize human /bee interaction. The following was one of the controls: Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year that the bees are active so that the bees do not congregate at pools, pet water dishes, bird baths, or other water sources that are not part of the natural landscape where the bees may come into contact with humans, pets, or birds. On January 26 the Planning and Zoning Commission held a public hearing on the proposed amendment. The Commission heard testimony that the above requirement was unnecessary and more appropriate in dry climates, that bees are drawn to muddy water, and will drink from dirt rather than a clean source of water. Based on that testimony, the Commission voted unanimously to remove the requirement. With the amendment, the resolution passed unanimously. 'h il l 1991 -23- CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZI1 -02 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE CHAPTER 3.10, CONTROL AND TREATMENT OF ANIMALS, TO PROVIDE FOR NEW REGULATION OF BEEKEEPING WITHIN THE CITY OF KENAI 'INCLUDING THE CITATION PROCEDURES AND PENALTIES FOR VIOLATION OF ORDINANCES, AND MAKING TECHNICAL CHANGES AND CORRECTIONS. WHEREAS, honey bees (species ApLs rnellifera) are of benefit to humankind by providing for agriculture and fruit and garden pollination services, and by furnishing honey, wax, and other useful products; and, WHEREAS, domestic strains of honey bees have been selectively bred for desirable traits, including gentleness, honey production, tendency not to swarm, and non aggressive behavior; and, WHEREAS, gentle strains of honey bees can. be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed and maintained; and, WHEREAS, there are hundreds of beekeepers throughout. the State of Alaska and there are many beekeepers that reside in the City of Kenai; and, WHEREAS, the City recognizes that adverse neighborhood impacts, including but not limited to swarming, stinging and the spread of disease, may result from the keeping of bees if appropriate and responsible beekeeping practices are not followed; and, WHEREAS, regulation by the City is intended to create standards and requirements that help to ensure that bees kept by residents do not adversely impact the use and enjoyment of neighborhood properties surrounding the property on which the bees are kept; and, WHEREAS, it is in the best bees within the City limits. s of the City to adopt standards for the keeping of NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF TILE CITY OF KENAI, New Tat t 3derin}ed' [DELETED TEXT BRACKETED] -24- PZ 11 -02 Resolution Page 2 ALASKA, AMEND KENAI MUNICIPAL CODE CHAPTER 3.10 CONTROL AND TREATMENT OF ANIMALS as follows: Section 1. Forth: This is a Code ordinance. Section 2. Amendment of Section 3.05.070 of the Kenai. Municipal Code: The Kenai Municipal Code, Section 3.05.070, Citation procedure, is hereby amended as follows: 3.05.070 Citation procedure. (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a tet ui, condition, or limitation of a license issued hereunder, or a City regulation promulgated under this title. 3.10.070 Livestock within the city limits [DECRIED TEXT BRACKETED] -25- (b) A summons and complaint issued under this section shall contain. a notice di.rectin.g the person to whom it is issued to appear to answer to the charge in the District Court for the Third Judicial District of the State of Alaska at Kenai. (c) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the District Court for the Third Judicial District of the State of Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by official action. (d) A summons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the State of Alaska shall he deemed a lawful complaint for the purpose of prosecuting a violation of this title. (e) Mandatory Court Appearance shall be required: (1) For a violation of KMC 3.10.020(c). 2) For a violation of KMC 3.10.070(g). (3(21) For all cruelty charges under this code. (44)) Upon second citation of all other provisions of Chapter 3.10 in a twelve (12) month period. Section 3. Amendment of Section 3.10.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended as follows: (a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of Kenai. (b) Livestock, other than bees, may be kept on lots of forty thousand (40,000) square PZ11 -02 Resolution Page 3 feet or greater. No livestock shall he allowed in the RU, RS1, RS2 or TSH zones. Animals raised for a fur- hearing purpose are not allowed in any zone. Beekeeping will he restricted as described in 3.10.070(g). (c) In this section "livestock" is defined as the following animals: (1) Cow (2) Horse (3) American bison (4) Llama (5) Alpaca (6) Sheep (7) Swine (8) Goat (9) Mule (10) Donkey (11) Ratite (12) Duck (13) Goose (14) Chicken (15) Turkey (16) Rabbit (17) Honey Bees (Apis meatier()) (d) (1) Except for the RS1., R52, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Chief Animal Control. Officer may impose conditions on the pet wits as reasonably necessary for sanitation, safety, or hygiene. The permit may he revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City may charge a permit fee. which fee shall be as set forth in the City's schedule of fees adopted by the City Council. THE CITY MANAGER MAY SET A PERMIT FEE AS SET OUT IN KWIC 7.15.100.1 (2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4 -171, Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under this section. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the board of adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City may charge a permit fee, which fee shall be as set forth in the City's schedule of fees adopted by the Cite Council. [The City Manager New Text Undorlined: MDB,LETEI) 1'EXP BRACKETED] -26- PZ11 -02 Resolution Page 4 may set a permit fee as set out in KMC 7.15.100.1 (e) Lots on which livestock are kept on the effective date of the ordinance codified in this section which are not eligible for the keeping of livestock under this section shall be considered a non- conforming use of land under KMC 14.20.050. No new or replacement livestock may he kept or introduced on such lots after the effective date of the ordinance codified in this section. Offspring of livestock allowed as a non- conforming use under this section may be kept on such lots only until they are old enough to be relocated to a site conforming to this section or outside of the city limits. (0 Except as set f forth in subsection (g), below, c(Ciorrais, pens, hutches, coops or other animal containment structures must have a minimum setback of twenty -five feet (25') from the property's side yards, fifty feet (50') from the front yard, and ten feet (10') from the back yard.i;J All animal containment structures [AND] must be secure and in good repair. (g) No person may keep honey bees Apis nteitifera in a manner that is inconsistent with the following requirements or that is inconsistent with any other section of this Code. 11) Colonies shall be managed in such a manner that the flight oath of bees to and from the hive will not bring the bees into contact with people on adjacent property. To that end, colonies shall be situated at least twenty -five feet (25') feet from any lot line not in common ownership; or oriented with entrances facing away from adjacent property: or placed at least eight feet (81Labove ground level; or placed behind a fence at least six feet (6'1 in height and extending at least ten feet (10') beyond each hive in both directions. (2) No person shall keep more than four (4) hives on a lot of 10,000 square feet or smaller, nor shall any person keep more than one (1) additional hive for each additional 2,400 square feet over 10,000 on lots larger than 10.000 square feet. (3) It shall be a violation for anv beekeeper to keep a colony or colonies in such a manner nr-in such.a.dispoS'i"tion as -to cause ahy unhealthy condition or to interfere with the normal use or enjoyment of any property in the vicinity of the colony by humans or animals. (4) Beekeepers shall take appropriate care according to best management practices when transporting hives of bees. Bees being transported shall have entrance screens or be secured under netting. 15) Beekeepers shall acquire hives and hive equipment from sources that are free from American Foulbrood and other bee related diseases and pests. (6) The term "hive" as used in this section means the structure intended for the housing of a bee colony. The Mini `colony" as used in this section means a hive and its equipment and appurtenances, including bees. comb, honey. pollen. and brood. Text Undexhned• [DELETED PLAT BRACKETFDJ -27- PZl 1 -02 Resolution Page 5 (n)G1) A person seeking relief from the provisions of this section may apply for a conditional use permit under K.1<9C 14.20.150. 1(h) THE ORDINANCE CODIFIED IN THIS SECTION WILL COME BACK TO THE CITY COUNCIL FOR REVIEW TWENTY -FOUR (24) MONTHS AFFER THE EFFECTIVE DATE.) Section 4. 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 5. Effective Date: Pursuant to KMC 1.15.070M, this ordinsu shall take effect one month after adoption. Dated at Kenai, Alaska this t> day o T e),.rva 2011. New Text f 4idettned• [DELETED TEXT BRACKETED] -28- KENAI ALASKA 1\/ MEMO: lage with a Past, Cc ty with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 `Removed words bracketed and in all caps. TO: Krista Stearns, City Attorney FROM: Marilyn Kebschull, Planning Administration DATE: March 10, 2011 SUBJECT: Ordinance No. 2537 -2011 Beekeeping Regulation After hearing public testimony on February 16, 2011, City Council directed Ordinance No. 2537 -2011 be returned to the Planning Zoning Commission for further review and recommendation. Based on public testimony, there was concern about sections (g)(3), (g)(4), (g)(5), and (g)(6). The Planning Zoning Commission held a work session on March 9 prior to theft regular meeting and discussed the Ordinance. Ms. Souders who addressed Council with concerns was at the work session and explained her concerns with the proposed ordinance. During the regular meeting, the Commission moved to consider the ordinance and made several recommendations for amendments. The Commissions recommends Council consider the following amendments to the proposed ordinance: (g) (3) it shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy condition JOR1 (INTERFERE WITH THE NORMAL USE OR ENJOYMENT OF ANY PROPERTY IN THE VICINITY OF THE COLONY BY1 to humans or animals. (4) Beekeepers shall take appropriate care according to best management practices when transporting hives of bees. Bees being transported shall have entrance screens or be secured under netting. "Inserted the word "shall" before have in the second sentence. 1992 Ordinance No. 2537 -2011 Planning Zoning Commission Recommended Amendments Page 2 [(5) BEEKEEPERS SHALL ACQUIRE HIVES AND HIVE EQUIPMENT FROM SOURCES THAT ARE FREE FROM AMERICAN FOULBROOD AND OTHER BEE RELATED DISEASES AND PESTS.l *Removed section 5. (6) The term "hive" as used in this section means the single structure intended for the housing of a single bee colony. The term "colony" as used in this section means a hive and its eauipment and appurtenances, including bees comb, honey pollen and brood. *Inserted the word "single" before structure and before bee in the first sentence. cc: Rick Koch, City Manager UK4y Uf NENAI,ALASKA SUBSTITUTE Sponsored by: Planning Zoning Commission CPI'Y OF KENAI ORDINANCE NO. 2537 -2011 AN ORDINANCE OF' THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE CHAPTER 3.10, CONTROL AND TREATMENT OF ANIMALS, TO PROVIDE FOR NEW REGULATION OF BEEKEEPING; WITHIN THE CITY OF KENAI INCLUDING THE CITATION PROCEDURES AND PENALTIES FOR VIOLATION OF ORDINANCES, AND MAKING TECHNICAL CHANGES AND CORRECTIONS. WHEREAS, honey bees (speci.es Apis mellifera) are of benefit to humankind by providing for agriculture and fruit and garden pollination services, and by furnishing honey, wax, and other useful products; and, WHEREAS, domestic strains of honey bees have been selectively bred for desirable traits, including gentleness, honey production, tendency not to swarm, and non aggressive behavior; and, WHEREAS, gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed and maintained; and, WHEREAS, there are hundreds of beekeepers throughout the State of Alaska and there are many beekeepers that reside in the City of Kenai; and, WHEREAS, the City recognizes that adverse neighborhood impacts, including but not limited to swarming, stinging and the spread of disease, may result from the keeping of bees if appropriate and responsible beekeeping practices are not followed; and, WHEREAS, regulation by the City is intended to create standards and requirements that help to ensure that bees kept by residents do not adversely impact the use and enjoyment of neighborhood properties surrounding the property on which the bees are kept; and, WHEREAS, it is in the best interests of the City to adopt standards for the keeping of bees within the City limits. 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 3.05.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.05.070, Citation procedure, is hereby amended as follows: New Text Underlined ]DELETED TEXT BRACKETED] -29- Substitute Ordinance No. 2537 -2011 Page 2 of 5 3.05.070 Citation procedure. (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a term, condition, or limitation of a license issued hereunder, or a City regulation promulgated under this title. (b) A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to appear to answer to the charge in the District Court for the Third Judicial District of the State of Alaska at Kenai. (c) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the District Court for the Third Judicial District of the State of Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by official action. (d) A summons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful complaint for the purpose of prosecuting a violation of this title. Mandatory Court Appearance shall be required: For a violation of KMC 3.10.020(c). For a violation of KMC 3.10.070(g). For all cruelty charges under this code. (4131) Upon second citation of all other provisions of Chapter 3.10 in a twelve (12' month period. 3.10.070 Livestock within the city limits. New Text Oaderlined [DELETED TEXT BRACKETED) -30- Section 3. Amendment of Section 3.10.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended as follows: (a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of Kenai. (b) Livestock, other than bees, may he kept on lots of forty thousand (40,000) square feet or greater. No livestock shall be allowed in the RU, RS 1, RS2 or TSH zones. Animals raised for a fur-bearing purpose are not allowed in any zone. Beekeeping will he restricted as described in 3.10.070(g). Substitute Ordinance No. 2537 -2011 Page 3 of 5 (c) In this section "livestock" is defined as the following animals: (1) Cow (2) Horse (3) American bison (4) Llama (5) Alpaca (6) Sheep (7) Swine (8) Goat (9) Mule (10) Donkey (11) Ratite (12) Duck (13) Goose (14) Chicken (15) Turkey (16) Rabbit f171 Honey Bees (Apis meliifera.) (d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events, The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City may charge a permit fee, which fee shall be as set forth in the City's schedule of fees adopted by the City Council. [THE CITY MANAGER MAY SET A PERMIT FEE AS SET OUT IN KMC 7.15.1001 (2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a per alit for the keeping of livestock for educational or youth activities, such as 4 -H, Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under this section. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the board of adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City may charge a peimliit fee, which fee shall be as set forth in the City's schedule of fees adopted by the City Council. [The City Manager may set a permit fee as set out in KMC 7.15.100.] New Text Underlined; IDELETED TEXT BRACKETED] -31- Substitute Ordinance No. 2537 -2011 Page 4 of 5 (e) Lots on which livestock are kept on the effective date of the ordinance codified in this section which are not eligible for the keeping of livestock under this section shall be considered a non conforming use of land under KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of the ordinance codified in this section. Offspring of livestock allowed as a non- conforming use under this section may be kept on such lots only until they are old enough to be relocated to a site conforming to this section or outside of the city limits. (f) Except as set forth in subsection (g), below, c(C]orrals, pens, hutches, coops or other animal containment structures must have a minimum setback of twenty -five feet (25') from the property's side yards, fifty feet (50') from the front yard, and ten feet (10') from the back yard.[] All animal containment structures (AND) must be secure and in good repair. ]g) No person may keep honey bees, Apis rn.ellifera, in a manner that is inconsistent with the following requirements or that is inconsistent with any other section of this Code. (1) Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adjacent property. To that end. colonies shall be situated at least twenty -five feet (25') feet from any lot line not in common ownership; or oriented with entrances facing away from adjacent property; or placed at least eight feet (8') above ground level: or placed behind a fence at least six feet (6') in height and extending at least ten feet (10') beyond each hive in both directions. (2) No person shall keep more than four (4) hives on a lot of 10,000 square feet or smaller, nor shall any person keep more than one (1) additional hive for each additional 2,400 square feet over 10.000 on lots larger than 10.000 square feet. (3) It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy condition to humans or animals. (4) Beekeepers shall take appropriate care according to hest management practices when transporting hives of bees. Bees being transported shall have entrance screens or be secured under netting. (5) The term "hive" as used in this section means the single structure intended for the housing of a single bee colony. The term "colony" a.s used in this section means a hive and its equipment and appurtenances, including bees comb. honey, pollen. and brood. New Text Underlired [DELETED TEXT BRACKETED] -32- Substitute Ordinance No. 2537 -2011 Page 5 of 5 (h[G)) A person seeking relief from the provisions of this section may apply for a conditional use permit under KMC 14.20.150. [(h) THE ORDINANCE CODIFIED IN THIS SECTION WILL COME BACK TO THE CITY COUNCIL FOR REVIEW TWENTY -FOUR (241 MONTHS AFTER THE EFFECTIVE DATE.] Section 4, 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 5. Effective Date: Pursuant to KMC 1..1.5.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6t^ day of April, 2011. ATTEST: Carol L. Freas, City Clerk New Text Underlined [DELETED TEXT BRACKETED] -33- PAT PORTER, MAYOR Introduced: February 2, 2011 Second Hearing: February 16, 2011 Third Hearing: April 6, 2011 Adopted: April 6, 2011 Effective: May 6, 2011 KEW, t��/p{u c_ ALA o y KA KEW, ALA TO: CC: FROM: Krista S. Stearns, City Attorne March 31, 2011 SUBJECT: Ordinance No. 2537 -2011 Substitute Beekeeping Ordinance Rick Koch, City Manager `Village with a Past, Ct with a Fture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 a.,�<, Telephone: 907 -283 -7535 FAX: 907 283 -3014 1I II I f Mayor Porter and City Councilors -34- In your Council packet is Substitute Ordinance No. 2537 -2011 as well as the ordinance as originally introduced to the City Council on February 2, 2011. As you may recall, at its February 16 meeting, the Council referred the ordinance to the Planning Zoning Commission for further review and recommendation. The Substitute reflects changes proposed by the Commission after it held a public hearing and then considered the matter at a regular meeting on March 9, 2011. The differences between the originally- proposed ordinance and the Substitute are all found on page 4 of the each document at subsections (g)(3) —(6) (KMC 3.10.070) and are summarized as follows: (g)(3): removed language prohibiting a beekeeper from keeping a colony where it would "interfere with normal use or enjoyment of any property in the vicinity of the colony," but preserving the prohibition against keeping colonies in a manner as to cause unhealthy conditions. (g)(4): corrected typographical error, adding the word "shall" in the second sentence. (g)(5): deleted requirement that beekeepers acquire hives and equipment from sources free from American Foulbrood and other bee- related diseases; and, (g)(6): added clarification to the definition of "hive" to state that it is a "single" structure housing a "single" bee colony. 1992 Page 2 of 2 Memorandum Beekeeping Ordinance 2537-2011 Substitute These recommended changes are further summarized in the attached memorandum to me from Marilyn Kebschull dated March 10, 2011, At its March 16 Council meeting, the Council instructed that a substitute incorporating the Commission's recommendations be drafted for its consideration. The Council also requested that the ordinance be scheduled for a second public hearing at the April 6, 2011. There is an active motion to enact Ordinance No. 2537 -2011 as originally introduced. The Council should conduct the second public hearing on the Ordinance No. 2537 -2011. After the public hearing, if a Council Member wishes to consider all of the changes in the Substitute, I recommend a motion to put the Substitute before the Council for consideration. One form of such motion could be: 1 move a substitute amendment by replacing Ordinance No. 2537 -2011 with Ordinance No 2537 -2011 Substitute. In the alternative, if a Council Member wanted to consider some, but not all of those changes, or to consider other changes to the ordinance, the Council Member can simply move to amend the ordinance: 1 move to amend Section of Ordinance No. 2537 -2011 by [inserting the words; striking the words; deleting a paragraph; etcetera]. L: \Ordinances\201 1 \BeekeepingMemo033111 -35- he city of N Al, K ALASKA CITY OF KENAI ORDINANCE NO. 2540 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,537.49 IN THE GENERAL FUND POLICE DEPARTMENT FOR STATE TRAFFIC GRANT OVERTIME REIMBURSEMENTS FROM THE STATE OF ALASKA. 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 $2,537.49 from November of 2010 through February of 2011; and, WHEREAS, the Police Department is requesting the appropriation of $2,537.49 to cover the 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 Police ATTEST: Increase Appropriations: Police Overtime Carol L. Freas, City Cle Approved by Finance: -36- PAT PORTER, MAYOR $2,537.49 $2,537.49 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2011. Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: April 6, 2011 KEN AI, AL KKR 14lii0 "Villa, with a Past Ci with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 tl f k TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 3/3/11 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 November of 2010 through February of 2011 are $2,537.49. AHSO- overtime reimbursements are deposited into the general fund. The police overtime account has a significant depletion, and I am requesting an appropriation of $2,537.49 into the general fund, police overtime account for actual AHSO- related overtime costs. The actual overtime costs for the AHSO related programs for the months of November to February are as follows: DUI $1,015.94 Seatbelt $1.521.55 Total Requested Appropriation $2,537.49 The Kenai City Council approved a similar ordinance on December 15, 2010 for the months of July to October. 1992 Me a( KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,118.50 IN THE GENERAL FUND POLICE DEPARTMENT FOR STATE BUREAU OF HIGHWAY PATROL GRANT FUNDS. 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 $6,118.50 for the time period of November 1, 2010 to February 28, 2011, and those funds are paid out of the Police Overtime account; and, WHEREAS, the BHP overtime of $6,118.50 expended during this time period was not budgeted in the Police FY11 overtime budget; and, WHEREAS, the Police Department is requesting the appropriation of $6,118.50 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 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of April, 2011. ATTEST: Increase Appropriations: Police Overtime Carol L. Freas, City Clerk Approved by Finance ORDINANCE NO. 2541 -2011 CITY OF KENAI -38- Suggested by: Administration PAT PORTER, MAYOR $6,118.50 $6,118.50 Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: April 6, 2011 the crty of KEN ALASKA I 4F,MO: "Village with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 il� Telephone: 907 283 -7535 FAX: 907 283 -3014 1 I f 1992 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 314/11 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 officer's overtime is paid out of the City of Kenai police overtime account, which is 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 months of November through February of this budget year are 56,118.50, This amount was not included in the Police overtime budget for FY11. I am requesting an ordinance appropriating $6,118.50 to the general fund, police overtime account to cover the unbudgeted BHP overtime costs from November through February of this budget year. The Kenai City Council approved a similar ordinance on December 1, 2010 for the months of July to October. the rc v o/ KENAL ALASKA General Fund Increase Estimated Revenues: Police Federal Grants ATTEST; Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2542 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,519.20 IN THE GENERAL FUND POLICE DEPARTMENT FOR SEXUAL ASSAULT RESPONSE TEAM EXAMINATION (SART EXAM) REIMBURSEMENTS FROM THE STATE OF ALASKA. WHEREAS, the Alaska State Troopers have received federal grant funds from the Office on Violence Against Women (OVW) to assist municipal police departments with the payment of the forensic portion of SART exams; and, WHEREAS, in FY11 the Kenai Police Department has been reimbursed for $3,519.20 by the State of Alaska for several SART exams; and, WHEREAS, the SART exams were originally paid out of the Police Professional Services account in FY 11; and, WHEREAS, the Police Department is requesting an appropriation of 53,519.20 to replace funds expended on the SART exams which have exceeded amounts originally budgeted by the Department. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Increase Appropriations: Police Professional Services $3,519.20 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April 2011. PAT PORTER, MAYOR New Text Underlined; tDEL ETED TEXT BRACKETED] -40- Suggested by: Administration $3,519.20 Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: April 6, 2011 e ALASKA la EM e with a Past, City with a Future" 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: 317/11 SUBJECT: Request ordinance appropriating reimbursement funds from the State of Alaska for sexual assault examinations The Alaska State Troopers have acquired federal grant funds to assist municipal police departments with the payment of the forensic portion of Sexual Assault (SART) exams. The grant funding requires that police departments make payment for the SART exams directly to the provider (CPH) and then AST will reimburse the agency. During FY11, the State of Alaska has reimbursed the City of Kenai for several SART exams totaling $3,519.20. These reimbursements have been deposited into the City of Kenai General Fund. The Police Professional Services account has $2,428.62 remaining. The Police Department still needs to pay for pre- employment medical, psychological, and drug screen examinations for two potential new hires. Those examinations will cost approximately $3,000 total and will be paid for out of Police Professional Services. It is inevitable that without an appropriation the Professional Services account will be depleted to a negative dollar amount. SART exams, investigative impounds, and pre- employment screenings are all paid out of this account. I am requesting an ordinance to appropriate $3,519.20 to the General Fund, Police Professional Services Account for FY11 SART exam reimbursements from the State of Alaska. -41 braid 7992 the et of ICE NAl. A ALASKA CITY OF KENAI ORDINANCE NO. 2543 -2011 Municipal Park Playground Expansion Capital Project Fund Increase Estimated Revenues: Transfer from General Fund ATTEST: -42- Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $30,000 IN THE MUNICIPAL PARK PLAYGROUND EXPANSION CAPITAL PROJECT FUND TO COMPLETE ENGINEERING AND DESIGN WORK FOR THE EXPANSION. WHEREAS, conceptual design work is near completion and the project will be in need of additional funding to continue to the detailed engineering and design phase; and, WHEREAS, City of Kenai Resolution No. 2011 -25 authorized the transfer of $30,000 from the General Fund to the Municipal Park Playground Expansion Capital Project Fund to commence detailed en.gineering and design work for the project, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: $30,000 Increase Appropriations: Professional Services $30,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2011. PAT PORTER, MAYOR Carol L. Freas, City Clerk /C_ 7 Approved by Finance: ado:, Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: April 6, 2011 the ey KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $60,000 IN THE CEMETERY IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, needed improvements at the City Cemetery include replacement or installation of burial plot corners, redesigning of burial plot layouts, coordination of surface and subsurface survey data, and site preparation and foundation construction for a columbarium; and, WHEREAS, City of Kenai Resolution No. 2011 -25 authorized the transfer of $60,000 from the General Fund to the Cemetery Improvement Capital Project Fund for these needed improvements; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations he increased as follows: Municipal Park Expansion Capital Project Fund Increase Estimated Revenues: Transfer from General Fund PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2011. A I i`EST: Increase Appropriations: Professional Services Carol L. Freas, City Clerk Approved by Finance: ORDINANCE NO. 2544 -2 011 CITY OF KENAI -43- Suggested by: Administration PAT PORTER, MAYOR $60,000 $60,000 Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: April 6, 2011 do city of I NAL ALASKI% AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY 530,000 IN THE CEMETERY IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, needed improvements at the City Cemetery include replacement or installation of burial plot corners, redesigning of burial plot layouts, coordination of surface and subsurface survey data, and site preparation and foundation construction for a columbarium; and, WHEREAS, City of Kenai Resolution 2011 -25 authorized the transfer of $30,000 from the General Fund to the Cemetery improvement Capital Project Fund for these needed improvements; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Municipal Park Expansion Capital Project Fund Increase Estimated Revenues: Transfer from General Fund PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of April, 2011, ATTEST: Increase Appropriations: Professional Services Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2544 -2011 -44- SUBSTITUTE Suggested by: Administration PAT PORTER, MAYOR 30,000 $30,000 Introduced: March 16, 2011 Adopted: April. 6, 2011 Effective: April 6, 2011 the cit a t e KENAI, ALASKA To: Rick Koch, City Manager f From: Terry Eubank, Finance Director Date: March 30, 2011 Re: Substitute Ordinance 2544 -2011 "Village with a Past, Gig with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 -283 -3014 A substitute ordinance has been prepared in response to amendments made to Resolution 2011- 25 that reduced the funding for cemetery improvements from $60,000 to $30,000. The planned activities at the cemetery will not change and will continue as planned, however, she preparation and construction activity for the columbarium will not be possible at the reduced funding amount. Supplemental funding will be needed in the future for construction of the columbarium. -45- n thr tll '7 K[tdAI.ALASKA CITY OF KENAI ORDINANCE NO. 2545 -2011 AN ORDINANCE OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," OF THE KENAI MUNICIPAL CODE TO CHANGE THE SETBACK REQUIREMENTS ON PROPERTIES WITHIN THE. AIRPORT PERIMETER FENCE AND MAKING TECHNICAL CORRECTIONS. WHEREAS, there is limited land available for development in the airport perimeter; and, WHEREAS, development along airport, taxiways and the apron is severely restricted by the Building Restriction Line identified in the Airport Layout Plan which line establishes at least a 30 foot setback; and, WHEREAS, development on the airport lands is also governed by the City's fire and building codes as well as by the City Zoning Code, although the development standards of each Code can differ; and, Suggested by: Planning Zoning Commission WHEREAS, under the City's fire and building codes, a building can be placed on the lot line, however the setback requirements under the Kenai Zoning Code would require the developer to obtain a variance for a development on a lot line; and, WHEREAS, while a variance would be required to provide an exception to the side setback requirements, these development would not typically qualify for a variance under the standards for issuance of a variance as set out in KMC 14.20.180; and, WHEREAS, these multiple standards tend to restrict development that could otherwise occur safely under the City's building and fire codes and that would otherwise comply with the Airport Layout Plan.; and, WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side setback requirements for development within the airport perimeter fence along taxiways and the apron, this airport land could be developed to the maximum standard provided by the City's fire and building codes; and, WHEREAS, an exception to the side setback requirements for this particular type of land would promote economic development within the airport as the standards are simplified and made more uniform; and, WHEREAS, an amendment to the development requirements table to provide an exception for side setbacks for these lots within the airport perimeter fence would also maintain preservation of the public's safety because these same developments must still meet the requirements of the City's building and fire codes; and, New Text. Underlined; (DELETED TEXT BRACKETED] -46- ZONING DISTRICTS USES C/R R RR1 RS RS1 RS 2 IL /IH!CC /CG /CM. R U ED LC RU /TS H MINIMUM LOT WIDTH (feet) 90 90 60 60 60 60 See individual sections of Code for requirements 90 90 90 MINIMUM LOT SIZE (feet) Front Setback' 25 25 25 25 25 10 25 25 25 25 Side 15 15 15 5 10 15 5 10 15 5 10 15 5 10 15 n 10 10 10 15 15 15 15 15 15 15 15 15 Setback2' 5 One -Story Daylight Basement/ Split Level Two -Story Rear Setback 20 1 20 20 20 20 10 10 20 20 20 Maximum Lot Coverage 30% 30% 30 "/o 30% 30 40% 30% 30 0 30 0 0 Ordinance No. 2545 -2011 Page 2 of 4 WHEREAS, the City of Kenai Planning Zoning Commission held a public hearing on March 9, 2011, and unanimously recommended that the City Council adopt these proposed changes to the City's Code and the Development Requirements Table to provide for the setback exception for side setbacks for airport parcels contained in the airport perimeter fence. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code a Ordinances is hereby amended as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.24.020, General Requirements, is hereby amended to read as follows: Table 14.24.020 New Text Underlined; IDELETED TEXT BRACXETED) -47- Ordinance No, 2545 -2011 Page 3 of 4 Section 3. Amendment. of Section 14.24.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.24.030, Addendum to development requirements tables, is hereby amended to read as follows: New Text. Underlined DELETED TEXT BRACKETED' -48- ZONING DISTRICTS USES C/R R RR1 I RS 1 RS1 RS 2 RU /TS H IL /IH /CC /CG /CM R ED) LC U Maximum 35 35 35 35 35 35 Height (feet) Footnotes: (1) Provided that the minimum front setback is measured from any right -of -way or access easement. (2) Side setbacks are determined independently from the front view of the structure. Plot plan /as -built will distinguish single and two -story portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one -story is considered a one -story structure in its entirety. Two-story is defined as one -story plus more than one -half (1 2) the height of the lower story all situated above grade. Daylight basement /split level is defined as one -story plus less than one -half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. Side for parcels within the airport perimeter fence are not reouired for (5) setbacks along certain airport taxiways and the apron as further set forth in KMC parcels 14.24.030. Ordinance No, 2545 -2011 Page 3 of 4 Section 3. Amendment. of Section 14.24.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.24.030, Addendum to development requirements tables, is hereby amended to read as follows: New Text. Underlined DELETED TEXT BRACKETED' -48- Ordinance No. 2545 -2011 Page 4 of 4 14.24.030 Addendum to development requirements tables. [A. [ADDITIONAL REQUIREMENTS. 1. MINIMUM YARDS.] Sal Yards for Corner Lots. The minimum side yard on the street side, or platted right -of -way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. The front yard shall be determined as being the area between the main entrance to the building and the street, right -of -way, or government easement. [2. MAXIMUM HEIGHTS.] (b 1 Height Limitation of Structures Near Airport. All structures in aircraft- approach zones and within eight thousand feet (8,000') of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA- approved. Kenai Airport Layout [MASTER] Plan [DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL]. (c) Side Setback Requirements Within the Airport Perimeter Fence. Parcels contained in the airport perimeter fence situated along aircraft movement areas, ramps, taxiways, or parking aprons are exempt from the side setback requirement s of this Title. The Building Restriction Line identified on the Airport Layout Plan must be maintained. Section 4. 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 5. 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 sixth day of April, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined; !DELETED TEXT BRACKETED] -49- Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: May 6, 2011 LM "Village with a Past, C with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 7535 FAX: 907 283 -3014 tl I I 1992 0 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: March 10, 2011 SUBJECT: PZ11 -06 Proposed Amendment KMC 14.24 Airport Setbacks Title 14 of the Kenai Municipal Code (KMC), Planning Zoning, regulates development in the City of Kenai. Included in these regulations are building setbacks from property lines. Setbacks are listed in KMC 14.24.020. Prior to May 2010, building setbacks in the commercial /industrial zones were based on building and fire codes. In May of 2010, Ordinance No. 2472 -2010 was adopted requiring building setbacks in all zones. The proposed amendment would provide an exception to side setbacks for airport parcels contained in the airport perimeter fence. This amendment is proposed to provide greater development of airport properties that are already restricted by the Airport Building Restriction Line and building and fire codes. At their January 13 meeting, the Airport Commission reviewed and unanimously recommended the proposed amendment. The Planning Zoning Commission held a public hearing on March 9 and unanimously recommended Council amend the Land Use Table to provide for the exception. �he�, 4 KIldp \ALAS SI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -06 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," OF THE KENAI MUNICIPAL CODE TO CHANGE THE SETBACK REQUIREMENTS ON PROPERTIES WITHIN THE AIRPORT PERIMETER FENCE AND MAKING TECHNICAL. CORRECTIONS. WHEREAS, there is limited land available for development in the airport perimeter; and, WHEREAS, development along airport taxiways and the apron is severely restrictec the Building Restriction Line identified in the Airport Layout Plan which line establishes at least a 50 foot setback; and, WHEREAS, development on the airport lands is also governed by the City's fire and building codes as well as by the City Zoning Code, although the development standards of each Code can differ; and, WHEREAS, under the City's fire and building codes, a building can be placed on the lot line, however the setback requirements under the Kenai Zoning Code would require the developer to obtain a variance for a development on a lot line; and, WHEREAS, while a variance would be required to provide an exception to the side setback requirements, these developments would not typically qualify for a variance under the standards for issuance of a variance as set out in KMC 14.20.180; and, WHEREAS, an exception 1,o the side setback requirements for this particular type of land would promote economic development within the airport as the standards are simplified and made more uniform.; and, New Text Underlined' !DELETED TEXT BRACKETED) —51— 7 WHEREAS, these multiple standards tend to restrict development that could otherwise occur safely under the City's building and fire codes and that would otherwise comply with the Airport Layout Plan; and, WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side setback requirements for development within the airport perimeter fence along taxiways and the apron, this airport land could be developed to the maximum standard provided by the City's fire and building codes; and, WHEREAS, an amendment to the development requirements tables to provide an exception for side setbacks for these lots within the airport perimeter fence would also maintain preservation of the public's safety because these same developments must still meet the requirements of the City's building and fire codes. ZONING DISTRICTS USES C /RR RR I RS RS1 RS2 IRU /TSH IL /IH /CC /CG /CMU R i ED i LC MINIMUM LOT WIDTH (feet) 90 90 60 60 60 60 See individual sections of Code for requirements 90 90 90 MINIMUM LOT SIZE (feet Front Setback' 25 25 25 25 25 10 25 25 125 25 Side Setbaek 15 15 15 5 10 15 5 10 15 5 10 15 5 10 15 5 5 5 10 10 10 15 15 15 15 1 15 15 15 15 15 One -Story Daylight Basement/ Split Leve1 Two- Story Rear Setback 20 20 20 20 20 10 10 20 20 20 Maximum Lot I Coverage 30% 30% 30% 30 30% 40% 30% 30% 30% 11/1aximum Height (feet) 35 i 351 35 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," as follows: Section 1, Form: This is a Code ordinance. Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai Municipal Code: The Kenai. Municipal Code. Section 14.24.020, General Requirements, is hereby amended to read as follows: Table 14.24,020 DEVELOPMENT REQUIREMENTS TABLE Fev' Text Underlined' [DELETED TEXT BRACKETED) -52- ZONING DISTRICTS USES C /RR RR1 RS RS1 RS2 RU /TSR IL /IH /CC /CG /Cl@R.0 R ED LC Footnotes: (1) Provided that the minimum front setback is measured from any right -of -way or access easement. (2) Side setbacks are determined independently from the front view of the structure. Plot plan /as will distinguish single and two -story portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one -story is considered a one -story structure in entirety. Two -story is defined as one -story plus more than one -half (1 /2) the height of the lower story all situated above grade. Daylight basement /split level is defined as one -story plus less than one -half (1 /2) the height lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. (5) Side setbacks for parcels within the airport perimeter fence are not required for parcels along -built its of the (3) certain airport taxiways and the apron as further set forth in KMC 14.24.030. Section 3. Amendment of Section 14.24.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.24.030, Addendum to development requirements tables, is hereby amended to read as follows: New Text Und 1 11 IDELI.t>✓D TEXT BRACKETED) -53- 34.24.030 Addendum to development requirements tables. A. [ADDITIONAL REQUIREMENTS. 1. MINIMUM YARDS.] (a) Yards for Corner Lots. The minimum side yard on the street side, or platted right -of -way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. The front yard shall be determined as being the area between the main entrance to the building and the street, right -of -way, or government easement. [2. MAXIMUM HEIGHTS.] (b) Height Limitation of Structures Near Airport. All structures in aircraft- approach zones and within eight thousand feet (8,000') of the b t to limitation t he b.. of b 't main runway shall be subject <c height limi�a�.�n on basis a� obstruction criteria ena as shown on the current FAA approved Kenai Airport Layout [MASTER] Plan [DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL]. (c) Side Setback Requirements Within the Airport Perimeter Fence. Parcels contained in the airport perimeter fence situated along aircraft movement areas. ramps, taxiways, or parking aprons are exempt from the side setback requirements of this Title. The Building Restriction Line identified on the Airport Layout Plan must be maintained. Section 4. 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 5. Effective Date: Pursuant to KMC 1.15,070(f), this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this day of 'f °c -rl 2011. ATTEST:' New Text Underlined; /DELETED TEXT BRACKETED) -54- thr <,7 of KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2011 -26 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING HOUSE JOINT RESOLUTION NO. 17, URGING THE UNITED STATES CONGRESS TO PASS LEGISLATION ENSURING STATE PRIMACY OVER THE REGULATION OF' DRINKING WATER AND WASTEWATER TREATMENT. WHEREAS, the United States Environmental Protection. Agency (EPA) approved the Alaska Department of Environmental Conservation's program for primacy on regulating wastewater discharge and drinking water in 1978; an WHEREAS, on January 18, 2011, President Barack Obarna signed Executive Order 13563 to improve regulation and regulatory review in government; and, WHEREAS, in 33 U.S.0 1251 -1387 (Federal Water Pollution Control Act) (Clean Water Act), as amended, the United States Congress declared that it is the policy of the United States Congress to recognize, preserve, and protect the primary responsibilities and rights of states to prevent, reduce, and eliminate pollution and to plan the development and use of land and water resources; and, WHEREAS, over regulation and imposing of unnecessary standards by the EPA in the state, will result in an increased cost of living for residents of small communities where the cost of living is already burdensome. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports House Joint Resolution No. 17, urging the United States Congress to pass legislation ensuring state primacy over regulation of drinking water and wastewater treatment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAS 2011. Al J EST: Carol L. Freas, City Clerk -55- PAT PORTER, MAYOR is sixth day of April KENAI,ALASKA MEMO: TO: City Council y d FROM: Rick Koch DATE: April 6, 2011 SUBJECT: Resolution No. 2011 -26 Thank you for your attention in this matter. &laye with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 wLt Telephone: 907 -283 -7535 FAX: 907- 283 -3014 I1 I l The purpose of this correspondence is to recommend Council approval of Resolution No. 2011- 26, supporting House Joint Resolution No. 17, which would encourage the United States Congress to pass legislation ensuring state primacy over the regulation of drinking water and wastewater treatment. In 1978 the Environmental protection Agency (EPA) approved the Alaska Department of Environmental Conservation's (ADEC) program for primacy on regulating drinking water and wastewater discharge. Recently, the President signed Executive Order No. 13563, creating a situation in which the EPA may also regulate drinking water and wastewater discharge in addition to ADEC. This creates an untenable situation for public and private utilities when both regulatory bodies undertake regulatory responsibilities. -56- 1991 Offered: 3/16/11. Referred: Resources CS FOR HOUSE JOINT RESOLUTION NO. 17(CRA) IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY SEVENTH LEGISLATURE FIRST SESSION BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE Sponsor(s): HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE A RESOLUTION 1 Urging the United States Congress to pass legislation concerning regulation of drinking 2 water and wastewater treatment by the United States Environmental Protection Agency. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 WHEREAS the Alaska Department of Environmental Conservation has had the 5 primary enforcement responsibility for regulating public drinking water systems since 1978; 6 and 7 WHEREAS the United States Environmental Protection Agency approved the 8 Department of Environmental Conservation's program for primacy on regulating wastewater 9 discharge and drinking water; and 10 WHEREAS it is the. policy of the state to conserve, improve, and protect its natural 11 resources and environment and to control water, land, and air pollution to enhance the health 12 safety, and welfare of the people of the state and their overall economic and social well being; 13 and 14 WHEREAS, on January 18, 2011, President Barack Obama signed Executive Order 15 13563 to improve regulation and regulatory review in government, which directs federal 16 agencies to identify the best, most innovative, and least burdensome tools for achieving H3R017b -1 CSH.IR 17(CRA) New Text Underlined (DELETED TEXT BRACKETED] -57- 27- LS0578Vf CSHJR 17(CRA) -2- H.1R0171) New Tex Underlined (DELETED TEXT BRACKETED) 27- LS0578 \I 1 regulatory ends while taking into account the benefits and costs; and 2 WHEREAS, in 33 U.S.C. 1251 1387 (Federal Water Pollution Control Act) (Clean 3 Water Act), as amended, the United States Congress declared that it is the policy of the 4 United States Congress to recognize, preserve, and protect the primary responsibilities and 5 rights of states to prevent, reduce, and eliminate pollution and to plan the development and 6 use of land and water resources; and 7 WHEREAS over regulating and using unnecessary standards by the United States 8 Environmental Protection Agency in the state will create an increased cost of living for the 9 residents of small communities in the state, where the cost of living is already burdensome; 10 and 11 WHEREAS the United States Environmental Protection Agency has adopted 12 regulations and established policies relating to the treatment of drinking water and wastewater 13 that will have a major effect on the economies of and jobs in small communities in the state 14 and will limit the ability of small communities to address other priorities; and 15 WHEREAS federal funding for state village sanitation projects declined by more than 16 542,500,000 between 2004 and 2011; and 17 WHEREAS the President's proposed budget for the federal fiscal year 2012 reduces 18 nationwide funding for the Clean Water State Revolving Fund and the Drinking Water State 19 Revolving Fund by nearly 5950,000,000; and 20 WHEREAS the Republican caucus in the United States House of Representatives has 21 proposed to cut an additional $950,000,000 in funding for the Clean Water State Revolving 22 Fund and the Drinking Water State Revolving Fund; 23 BE IT RESOLVED that the Alaska State Legislature urges the United States 24 Congress to pass legislation that provides reasonable standards for the treatment of drinking 25 water and wastewater treatment for communities in different regions of the country and with 26 different population sizes; and be it 27 FURTHER RESOLVED that the Alaska State Legislature urges the United States 28 Congress to pass legislation imposing a moratorium that prohibits the United States 29 Environmental Protection Agency from adopting a new policy or adopting new regulations 30 concerning drinking water and wastewater treatment for a period of at least two years except 31 to directly address an imminent health or environmental emergency; and be it -58- 27- LS0578 \I 1 FURTHER RESOLVED that the Alaska State Legislature urges the United States 2 Congress to pass legislation requiring the United States Environmental 'Protection Agency to 3 identify all regulatory activity concerning drinking water or wastewater treatment that the 4 United States Environmental Protection Agency plans to undertake during the next 10 years 5 and, using multiagency expertise and objective cost benefit analyses, to describe the 6 cumulative effect that the planned United States Environmental Protection Agency regulation 7 will have on state and local goxermncnts. 8 COPIES of this resolution shall be sent to the Honorable Barack Oharna, President of 9 the United States; the Honorable Joseph R. Biden, Jr., Vice President of the United States and 10 President of the U.S. Senate; the Honorable John Boehner, Speaker of the U.S. House of 11 Representatives; the Honorable Lisa P. Jackson, Administrator of the U.S. Environmental 1 Protection Agency; the Honorable Lisa Murkowski and the Honorable Mark Begich, U.S. 13 Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska 14 delegation in Congress; and the presiding officers of the legislatures of each of the other 49 15 states. HJR017b -3- CSHJR 17(CRAI New Text Underlined [DELETED TEXT BRACXETEDI -59- r,ty KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2011 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA SUPPORTING SENATE BILL 100, WHICH WOULD END REQUIREMENTS FOR TERMINATION STUDIES IN LIMITED CIRCUMSTANCES. WHEREAS, legislation passed by the State of Alaska in 2008 changed the Public Employee Retirement System (PERS) to a cost- sharing plan and established that municipalities and school districts would pay 22% of eligible payroll to PERS; and, WHEREAS, after adopting regulations, the State of Alaska recently began enforcing provisions in State statutes which require employers that terminate a department, group or other classification (group) from participation in PERS to pay the costs determined by a termination study completed by the State's actuary as well as continue to pay the past service rate on the salaries of the terminated employees until the unfunded liability of the system is paid off; and, WHEREAS, these costs can amount to hundreds of thousands of dollars even on a single position; and, WHEREAS, in small municipalities a group is often made up of a single position, therefore small municipalities are impacted by these regulations far more often than larger municipalities; and, WHEREAS, small municipalities are finding it difficult to make appropriate staffing decisions due to the substantial cost of termination studies and past service payments on terminated positions; and, WHEREAS, the State of Alaska Department of Administration, Division of Retirement and Benefits has stated that a vacant position, if it constitutes a group, is the same as a group faunally eliminated by amendment of the participation agreement with PERS; and, WHEREAS, a single vacant position can subject the municipality or school district to large and unknown future Liability even though there is no continuing salary for the position; and, WHEREAS, municipalities are statutorily bound to make PERS contributions on no less than the June 30, 2008 salary base thus protecting other plan members from underpayment of the past service liability; and, WHEREAS, PERS employers that terminate all participation would still be subject to termination costs and past service liability payments; and, -60- Resolution No. 2011 -27 Page 2 of 2 WHEREAS, recent enforcement of the regulations have put municipalities in the untenable position of not being able to properly manage staffing levels, which means not being able to deal with budget shortfalls and because the application of the regulations are so blatantly unfair to small municipalities NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENA[, ALASKA, supports passage of Senate Bill 100 which eliminates termination studies required by AS 39.35.625 and which makes other changes which protect the State of Alaska and other PERS employers from an employer that terminates coverage completely or reduces eligible payroll below the 2008 salary base. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2011. ATTEST: Carol L. Freas, City Clerk -61- PAT PORTER, MAYOR KENAI, ALAS MEMO: e wit/i a Past, City with a Future" TO: City Council O FROM: Rick Koch DATE: April 6, 2011 SUBJECT: Resolution No. 2011 -27 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 The purpose of this correspondence is to recommend Council approval of Resolution No. 2011- 27, supporting Senate Bill 100, which would end requirements for termination studies in limited circumstances. Presently the Public Employees retirement System (PERS) requires that a termination study must be performed and costs paid by the plan participants for the study, and past service payments when a group /classification of employee(s) is terminated, The cost for the termination of a group /classification of a single employee, such as Finance Director, City Manager, City Attorney, etc., could cost a municipality several hundred thousand dollars. While I cannot speak for the Legislature, I believe this was an unintended consequence of the legislation which created the shared PERS system. That legislation already contained a safeguard against a PERS employer eliminating a significant number of PERS positions in order to reduce PERS contributions by establishing a "floor" or minimum salary level on which PERS contributions are based. Thank you for your attention in this matter. -62- BY SENATOR EASTMAN SENATE BILL NO. 100 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY- SEVENTH LEGISLATURE FIRST SESSION Introduced: 3/14/11 Referred: Labor and Commerce. Finance 27- 0272T A BILL FOR AN ACT ENTITLED 1 An Act relating to employer contributions to the Public Employees' Retirement System 2 of Alaska; relating to requirements that employers who terminate some or all 3 participation in the Public Employees' Retirement System of Alaska pay termination 4 costs; and making the changes retroactive." 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6 Section 1. AS 39.35.255 is amended by adding a new subsection to read 7 (i) After an employer's participation in the plan terminates with regard to some R or all of the employer's employees who are active members of the system, the 9 employer remains obligated to make contributions under (a) of this section until the 10 plan does not have a past service liability. 11 Sec. 2. AS 39.35.615(1) is amended to read: 12 (i) Termination of coverage of a department, group, or other classification of 13 employees does not bar future coverage of that department, group, or classification [IF 14 THE EMPLOYER IS CURRENT WITH PAYMENTS ON AMOUNTS DUE S130I00A -1- SR I00 New Text Underlined (DELE.ED TEXT BRACKETED] -63- 1 UNDER AS 39.35.625]. If coverage of a department, group, or classification is 2 terminated under (a) of this section and the employer later amends its participation 3 agreement to provide renewed coverage of that department, group, or classification, an 4 affected employee may be credited only with fixture service. 5 Sec. 3. AS 39.35.620(k) is amended to read: 6 (k) Termination of an employer's participation in the plan does not bar future 7 participation in the system by that employer (IF THE EMPLOYER IS CURRENT 8 WITH PAYMENTS ON AMOUNTS DUE UNDER AS 39.35.625]. If a previously 9 terminated employer returns to the system, the employer may only participate in the 10 plan established under AS 39.35.700 39.35.990. Employees may be credited under 11 AS 39.35.700 39.35.990 only with service subsequent to the date of return. 12 Sec. 4. AS 39.35.958(c) is amended to read: 13 (c) When an employer's participation in the plan terminates IS 14 TERMINATED, OR WHEN AN EMPLOYER TERMINATES COVERAGE OF A 15 DEPARTMENT, GROUP, OR OTHER CLASSIFICATION OE EMPLOYEES l6 UNDER AS 39.35957(e)], the administrator shall assess the employer a termination 17 cost that the administrator determines is actuarially required to fully fund the costs to 18 the plan for employees whose coverage is terminated, including the cost of providing 19 the employer's share of retiree health benefits under AS 39.35.880, occupational 20 disability and occupational death benefits under AS 39.35.890 and 39.35.892, and 21 pension benefits elected under AS 39.35.890(h)(2). 22 Sec, 5. AS 39.35.958(e) is amended to read: 23 e) An employer_ whose [TERMINATING] participation in the plan 24 terminates shall pay termination costs determined under (c) of this section [BY THE 25 ADMINISTRATOR], or enter into a payment plan acceptable to the administrator, 26 within 60 days after the employer receives notice of its termination costs from the 27 administrator. Termination costs not paid within the prescribed time limit or in 28 accordance with the approved payment plan shall be collected by the administrator in 29 accordance with AS 39.35.610(b). Termination of participation by an employer in the 30 plan does not bar future participation by the employer if the employer has paid in full 31 its prior termination costs. 5A 100 -2- S130100A New Text Underlin (DELETED TEXT BRACKETED] -64- 27- LS02721D SB0100A -3- SB 100 New Text Underlined (DELETED TEXT BRACKETED) 27- LS0272\D I Sec. 6. AS 39.35,625 is repealed. 2 Sec. 7. AS 39.35.958(f) is repealed. 3 Sec. 8. 2 AAC 35.235 is annulled. 4 Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 5 read: 6 APPLICABILITY. Notwithstanding sec. 10 of this Act, secs. 2 and 3 of this Act do 7 not apply to AS 39.35.625(a), and secs. 4 and 5 of this Act do not apply to AS 39.35.958, for 8 termination costs paid before the effective date of this Act for payroll periods or partial 9 payroll periods that occur before the effective date of this Act. 10 Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to It read: 12 RETROACTIVITY. Sections 1 3 and 6 of this Act are retroactive to July 1, 2008, 13 secs. 4, 5, and 7 of this Act are retroactive to June 7, 2007, and sec. 8 of this Act is retroactive 14 to January 13, 2010. -65- BIDDER TOTAL BID Wolverine Supply, Inc $1,156,985.00 1 North Star Paving Construction, Inc $988,615.00 1 Glacier Construction Services, Inc $1,265,847.00 the dy of KENAI.AALASKA and, CITY OF KENAI RESOLUTION NO. 2011 -28 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO NORTH STAR PAVING AND CONSTRUCTION, INC. FOR THE PROJECT ENTITLED, "LAWTON DRIVE /BEAVER LOOP WATER MAIN EXTENSION 2011," FOR THE TOTAL AMOUNT OF 5988,615.00. WHEREAS, the following bids were received on March 24, 2011: WHEREAS, the North Star Paving Construction, Inc. bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to North Star Paving Construction, Inc for the total bid cost of $988,615.00; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled, "Lawton Drive /Beaver Loop Water Main Extension 2011," is awarded to North Star Paving Construction, Inc for the total amount of $988,615.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -66- PAT PORTER, MAYOR the cif KENAI. ALASKA Rick, "Vi Ilaye with a Past, Ga with a Future 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 II I l Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 t' I 1992 TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 29, 2011 —67— SUBJECT: AWARD OF CONTRACT; Lawton Drive /Beaver Loop Water Main Extension Phase II Project -2011 The project is to construct a new water main on both Togiak Street and Beaver Loop Road between Togiak and the Spur Hwy. The purpose of the project is to allow more Kenai residents to be able to hook up to Kenai City water and connect the new water treatment plant. This project is funded by a Municipal Matching Grant administer by ADEC and the City of Kenai's Water and Sewer fund and the EPA STAG Grant. On March 24, 2011 bids for the project were opened and 3 bids were received. These bids have been reviewed and it has been determined that North Star Paving Construction, Inc was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds are available to award the project: The attached is Resolution 2011- 28 recommending award of the contract to North Star Paving Construction, Inc. for the total cost of $988,615.00. TO: RE: elf t4. u 427' KEKA ALASKA N,s Mayor and Council Members FROM: Carol L. Fleas, City Clerk City of Kenai Ce/, DATE: March 18, 2011 "Vif/aye with a Past, Gity with a Fisttsre 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM U CONTINUATION OF LIQUOR LICENSE WITHDRAWAL OF PROTEST Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreation Site The City of Kenai issued an objection to the continued operation of the Alaskalanes, Inc. liquor license on January 31, 2011. This objection was based on property tax amounts owed by the licensee to the Kenai Peninsula Borough and lease payments owed to the City of Kenai. The Borough withdrew its objection on February 15, 2011 (a copy of the withdrawal letter is attached). On March 16, 2011, the Kenai Finance Department notified me th.at amounts owed to th,e City have been brought current, Does Council approve the withdrawal of its January 31, 2011 protest of the continued operation of the Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center liquor license? -68- February 15, 2011 Lauren Edades Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, Alaska 99507 -1286 RE: Withdrawal of Protest of Liquor License Continuance Business Name Alaskalanes Bowling Center License Type Recreational Site License Location City of Kenai License No. 3209 Dear Ms, Edades, This serves to advise Alaskalanes Bowling Center has brought their tax delinquency in compliance according to Borough policies. Therefore, the Kenai Peninsula Borough wishes to withdraw our objection to the continuance of their liquor license. Sincerely, Johni Blankenship, CMC Borough Clerk JB /kir cc: Applicant City of Kenai KPB Finance Department KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 -478 4441 Ext. 2160 Email: assemblyclerk ©borough.kenai.ak.us -69- JOHNI BLANKENSHIP BOROUGH CLERK TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk City of Kenai DATE: March 29, 2011 RE: clf C A S "Village with a Past, Gity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM CONTINUATION OF LIQUOR LICENSE WITHDRAWAL OF PROTEST L M Ventures, Inc., d/b /a Little Ski Mo's Burger Brew (License 1774) The City of Kenai issued an objection to the continued operation of the L W M Ventures, Inc., d /b /a Little Ski Mo's Burger Ac Brew liquor license on January 31, 2011. This objection was based on property tax amounts owed by the licensee to the Kenai Peninsula Borough. The Borough withdrew its objection on March 29, 2011 (a copy of the withdrawal letter is attached). Does Council approve the withdrawal of its January 31, 2011 protest of the continued operation of the L M Ventures, Inc., d/b /a Little Ski Mo's Burger Brew (License #1774) liquor license? -70- March 29, 2011 Shirley Gifford, Director Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, Alaska 99507 -1286 Dear Ms. Gifford, KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 -478 -4441 Ext. 2160 Email: assemblyclerk ©borough.kenai.ak.us RE: Withdrawal of Protest of Liquor License Continuance Business Name Little Ski -Mo Drive In License Type Restaurant /Eating Place License Location City of Kenai License No, 1774 JOHMBLANKENSHIP BOROUGH CLERK This serves to advise Little Ski -Mo Drive In has brought their tax delinquency in compliance according to Borough policies. Therefore, the Kenai Peninsula Borough wishes to withdraw our objection to the continuance of their liquor license. Sincerely, Johni Blankenship, CMC Borough Clerk JB /mlt cc: Applicant City of Kenai KPB Finance Department File -71- COIL TO ORDER KENAI CITY COUNCIL REGULAR MEETING MARCH 16, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.cidcenai.ak.us AGENDA 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment 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.) *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: SCHEDULED PUBLIC COMMENTS (Publ per speaker) -72- online limited to 10 rn es Bryan Zak, Alaska Small Business Development Center Program Update /Celebrating 25th Anniversary 2. Dennis Barnard Twin Cities Raceway Noise Problem ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) 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) Resolution No. 2011 -24 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 2. Resolution No. 2011 -25 Authorizing a Budget Transfer Within the General Fund to Redirect an Amount Previously Appropriated for an Alternative Energy Project to the City's Municipal Park Playground Expansion Project and the Cemetery Improvement Project. 3. *LIQUOR LICENSE RENEWALS Roy Dale Howard, d /b /a Kenai Joe's (Beverage Dispensary, License No. 626) D E Investments, d /b /a The Bow (Beverage Dispensary, License No. 1312) ITEM E: MINUTES 1. *Regular Meeting of March 2, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by $2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. *Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by $6,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds. 5. "Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by $3,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. 6. *Ordinance No. 2543 -2011 Increasing Estimated Revenues and Appropriations by $30,000 in the Municipal Park Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion. 7. *Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by $60,000 in the Cemetery Improvements Capital Project Fund. 8. *Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence and Making Technical Corrections. 9. Action /Approval Assignment of Right -of -Way Permit ADL 26738/From Marathon Oil Company to Kenai Nikiski Pipeline, LLC (a Subsidiary of Marathon Oil Company). -73- 10, Action /Approval Assignment of Lease /Tract C, Kenai Tidelands No, 2 from Ocean Beauty Seafoods, LLC to Pacific Star Seafoods, Inc. 11.. Discussion /Action Skyview Mock Trial Team /State Champions Request for Support to Attend National Mock Trial Competition. 12. Discussion Beekeeping Ordinance Update. 13. Discussion Development of Drift Boat Pull -Out. 14. Discussion Amendment to City Code Regarding Board, Commissions and Committees and Council on Aging. 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 h. 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 .I: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K• ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 mirzut'es per speaker) 2. Council Member Comments EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation whi will be addressed at a later date as noted.) Ordinance No. 2537 -2011 Amending the Kenai Municipal Code chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the city of Kenai Including the citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. (Clerk's Note: At the -74- February 16, 2011 council meeting, Ordinance No. 2537 -2011 was postponed for referral to the Planning Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing.) ITEM M: ADJOURNMENT -75- KENAI CITY COUNCIL REGULAR MEETING MARCH 16, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The Cit Clerk took roll. Present were: Ryan. Marquis JRobert Molloy Joe Moore I Brian. Gabriel Absent was Vice Mayor Mike Boyle. A quorum was present. Also present: Student Representative Hannah Coffman Pat Porter, Mayor Terry Bookey A -3. AGENDA APPROVAL The following changes were requested: SUBSTITUTION REQUEST: Item D -1, Resolution No. 2011 -24 (Clerk's Note: A motion to substitute will be needed when the resolution comes up for consideration.) ADD TO: Item G -13, Development of Drift Boat Pull -Out, Memorandum from City Manager Koch. ADD TO: Item G -14, Replacement Page 4 of 11 of City Attorney and City Clerk Memorandum (Clerk's Note: Page includes missin.g "Airport Commission meetings Held" information. MOTION: -76- KENA[ CITY COUNCIL MEETING MARCH 16, 2011 PAGE 2 Council Member Moore MOVED to approve the amended agenda and requested UNANIMOUS CONSENT. Council member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. A-4, CONSENT AGENDA MOTION: Council Member Moore MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (,public comment Limited to 10 minutes per speaker) B -1. Bryan Zak, Alaska Small Business Development Center Program Update /Celebrating 25th Anniversary Bryan Zak, Homer Mr. Zak provided a summary of services available through the Center, as well as an update of businesses assisted. He also had available a resources directory which he provided to Council. B -2. Dennis Barnard Twin Cities Raceway Noise Problem Dennis Barnard, 335 Dolchok Lane, Kenai Mr. Barnard provided an update of information related to the Twin Cities Raceway noise problem and stated concerns he and neighbors had with the level of noise in his neighborhood originating from the Raceway; stated he believed, from research he had done, the noise was a nuisance; suggested special mufflers be used that would help lessen some of the noise; and, requested the City, as the landowners on which the Raceway was located, to do something about the noise. ITEM C: UNSCHEDULED PUBLIC COMMENTS /Public comment limited to 3 minutes per speaker) Frank Arbelovsky, P.O. Box 3388, Kenai Mr. Arbelovsky introduced himself as the President of the Senior Connection and invited all to attend the Connection's fundraiser dinner and pie auction on March 31. He noted, all the money received would be used for the Meals on Wheels program. -77- KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 3 Bill Osborn, 423 Rogers Road, Kenai Mr. Osborn also encouraged all to attend the Senior Connection Fundraiser on March 31, 2011 at the Kenai Senior Center. Barney Phillips, P.O. Box 8552, Nikiski Mr. Phillips introduced himself as President of the Racing Lions Motocross Division; reported he had been working with neighbors related to noise mitigation; the track would shut clown by 8:00 p.m. and would be closed on Sunday and Mondays; a decibel meter had been ordered; and, will be encouraging all to use quieter mufflers. Randy Dobbs, P.O. Box 815, Kasilof Reported the Club was working with a high school student who was participating in the Caring for the Kenai program As her project, she was gathering recycled tires to build a sound wall at the track. Chris Every, 2515 Watergate Way, Kenai Thanked Council for its support at the recent Board of Fisheries meeting; stated he was troubled with what he felt was the Board's lack of concern for the Kasilof and Kenai fisheries; requested the City to control or limit the funding put toward the personal use fishery until support is received from the State and the Board of Fisheries; and, he felt the City did what it could, but believed the Board membership was stacked against the commercial industry. Jim Butler, P.O. Box 191, Kenai Commented on Board of Fisheries meeting, noting he felt it was regrettable the Board had no questions on issues identified in Koch's comments; stated concern with comments heard locally that the City was getting rich with the Personal Use Fi.shery and the commercial fishing industry was no longer a part of the City; and, encouraged the City to forward its resolution to the North Pacific Fishing Management Council, who dealt with federal fishing issues. MOTION: Council Member Gabriel MOVED for the City's resolution (supporting sound fisheries management practices and diversified harvest opportunities) be forwarded to the North Pacific Fishing Management Council. Council Member Molloy SECONDED the motion. Comments included having the City Manager attend the North Pacific meeting and that the Matanuska Susitna area organized a strategic effort and an economic reallocation of fish was approved by the Board of Fisheries. BREAK TAKEN: 7:55 P.M. BACK TO ORDER: 8:05 P.M. 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 ort their own and on others' behalf -78- KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 4 D -1. MOTION: Council Member Molloy MOVED the substitute Resolution No. 2011 -24 and Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. City Manager Koch identified a reference in the title of the resolution (reference to KMC 7.15.060) was corrected in the substitute (KMC 7.15.070). He also reported the sale was scheduled to take place on April 2. VOTE: There were no objections. SO ORDERED. D -2. MOTION: Resolution No. 2011 -24 Declaring Equipment, Supplies, and. Materials Surplus or Obsolete, and to he Sold as Allowed in Kenai Municipal Code 7.15.060. Resolution No. 2011 -25 Authorizing a Budget Transfer Within the General Fund to Redirect an Amount Previously Appropriated for an Alternative Energy Project to the City's Municipal Park Playground Expansion Project and the Cemetery Improvement Project. Council Member Moore MOVED for approval. of Resolution No, 2011 -25 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Molloy stated his objection to the request for unanimous consent rioting concern, with the cost of fuel rising, a portion of the funds should be available to supplement the fuel budget if needed. Discussion followed with comments including: The entire park expansion would not take place this year. It was Administration's intent to include funding in the FY12 budget for some of the park improvements. The design of the park expansion would need to be completed first. The $30,000 would not construct the physical improvements. It would allow the bid for the parking and road portion of the design to be completed. If funds were not included in the FY12 budget, half of the playground expansion construction would have be finished in late 2012. If the design was accomplished sooner, the park expansion would be finished earlier in 2012. -79- Marquis Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Gabriel Yes Booker Yes Marquis Yes Molloy Moore Yes Yes Boyle Absent Gabriel ;Yes Porter Yes Bookey Yes 1 KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 5 Cemetery work needed to begin as soon as possible in the Spring. The columbarium would wait until the summer of 2012. The bulk of the winter gasoline costs were probably over. The columbarium was not a priority, but there was a. lot of public demand for the playground expansion. MOTION TO AMEND: Council Member Marquis MOVED to reduce the transfer to the Cemetery Improvement Project Fund from $60,000 to $30,000 to accommodate the plotting and the corners. Council Member Bookey SECONDED the motion. Council comments included: Transfer of $30,000 to the Municipal Park Playground Expansion Project Fund would remain. A reasonable compromise. VOTE ON AMENDMENT: "Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Marquis MOVED to amend to put $30,000 in the General Fund and Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. It was noted, the funds were in. the General Fund and reserved. The funds through passage of the motion, would be unreserved. VOTE ON MAIN AMENDED MOTION: -80- Marquis Yes Molloy Yes 1 Boyle Absent Porter Yes Moore Yes Gabriel Yes Bookey Yes KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 6 "Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. 10-3. *LIQUOR LICENSE RENEWALS Roy Dale Howard, d /h /a Kenai Joe's (Beverage Dispensary, License No. 626) D E Investments, d /b /a The Bow (Beverage Dispensary, License No. 1312) Approved by consent agenda. ITEM E: MINUTES E -1. *Regular Meeting of March 2, 2011 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Marquis MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Moore MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: -81- KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 7 There were no objections. 50 ORDERED. G -3. *Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by 82,537,49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. Introduced by approval. of the consent agenda. G -4. Introduced by approval of the consent agenda. G -5. *Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by $6,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds. *Ordinance No. 2542-2011 Increasing Estimated Revenues and Appropriations by 83,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. Introduced by approval of the consent agenda. G -6. *Ordinance No. 2543 -2011 Increasing Estimated Revenues and Appropriations by $30,000 in the Municipal Parlc Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion. Introduced by approval of the consent agenda. 0-7. *Ordinance No. 2544 -2011 increasing Estimated Revenues and Appropriations by $60,000 in the Cemetery Improvements Capital Project Fund. Introduced by approval of the consent agenda. G -8. *ordinance No. 2545 -2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal. Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence and Making Technical Corrections. Introduced by approval of the consent agenda. G -9. Action /Approval Assignment of Right -of -Way Permit ADL 26738/From Marathon Oil Company to Kenai Nikiski Pipeline, LLC (a Subsidiary of Marathon. Oil Company). -82- Marquis Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Absent 1 Porter Yes 1 Moore Yes Gabriel Yes Bookev Yes I KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 8 MOTION: Council Member Molloy MOVED to approve the Assignment of Right -of -Way Permit ADL 26738 from Marathon Oil, Company to Kenai Nikiski Pipeline, LLC. Council Member Marquis SECONDED the motion. VOTE: *Student Representative Coffman: MOTION PASSED UNANIMOUSLY. G -10. Action /Approval Assignment of Lease /Tract C, Kenai Tidelands No. 2 from Ocean Beauty Seafoods, LLC to Pacific Star Seafoods, Inc. MOTION; Council Member Bookey MOVED to approve the Assignment of Lease of Tract C, Kenai Tidelands No. 2 from Ocean. Beauty Seafoods, LLC to Pacific Star Seafoods, Inc. Council Member Marquis SECONDED the motion. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. G -11. Discussion /Action Skyview Mock Trial Team /State Champions Request for Support to Attend National Mock Trial Competition. Council discussion took place and comments included: Could not support a. donation due to previous Council decision to not make unbudgeted donations. Reference made to information included in the packet identifying miscellaneous funds available in the Legislative Grants to Agency Fund. Understood Skyview was not a school within the City of Kenai, but would support because the Team would be competing for the State of Alaska. -83- KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 9 The Team received a donation from the U.S. District Court, a government agency. The Team would be requesting a donation from the Soldotna City Council, as well as others. Would support a donation of $200 to $225 which would be similar to what the Council donated to The Alliance event. MOTION: Council Member Molloy MOVED to donate $225 to the Skyview Mock Trial Team and Council Member Marquis SECONDED the motion. VOTE: *Student Representative Coffman Yes I Molloy Marquis Porter Bookey MOTION PASSED. Yes Yes Moore -84- Yes 0 Boyle Gabriel Absent No G -12. Discussion Beekeeping Ordinance Update. Discussion took place with comments including: Report of Planning 8s Zoning Commission's work session and recommendations made during its March 9, 2011 meeting which were identified in the information included in the Council meeting packet. Support for a substitute ordinance to be developed with the Commission's suggestions included in order for the ordinance to be debated at the April 6, 2011 Council meeting. Agreement a substitute ordinance would be developed with the intent to have another public hearing. Both the original ordinance and the substitute ordinance would be identified on the agenda and included in the packet. Council consensus was for a substitute ordinance to be developed and included on the April 6, 2011 Council meeting agenda, with an additional public hearing to be held. G -13. Discussion Development of Drift Boat Pull -Out. Council Member Gabriel explained, the Harbor Commission requested the City assist in facilitating the development of a drift boat pullout; the Department of Natural Resources would need to be involved; and, it was understood the Corps of Entineers would need to be involved with regard to the permitting required to do work in the Kenai River. KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 10 A brief discussion followed with comments including: Other regulatory bodies would also need to he involved. The roadblocks involved in a pullout development would be regulatory (first) and money. A pullout may no longer be needed due to drift boats now being allowed to use ten horse power motors which could be used to motor to the dock. Legislative funds had been re- appropriated several years ago to the Department of Natural Resources which were to be used for a study on development of a pullout: The funds were used for another purpose. Disagreement that the need for a pullout was solved by allowing drift boats to use ten horsepower motors. Historically, there had been a pullout at Cunningham Park, but was removed when the bank was re- vegetated. Additionally, the use of the park was for children, etc. and not to be used as a pullout area. G -14. Discussion Amendment to City Code Regardin.g Board, Commissions and Committees and Council on Aging. Council scheduled a work session to be held on May 10, 2011 at 6:00 p.m. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging No report. 11-2. Airport Commission Council Member Marquis reported the March meeting had been cancelled and the next meeting was scheduled for April 14. 11-3. Harbor Commission Council Member Gabriel reviewed the March 7 meeting summary which was included in the packet. 1-1-4. Library Commission Council Member Marquis reported the April meeting was cancelled. The next meeting would be held May 3, 2011. H Parks Recreation Commission Council Member Moore reviewed the February 28, 201 1 special meeting summary, which was included in the packet, and noted the next regular meeting would be held on April 7. 11-6. Planning It Zoning Commission Council. Member Marquis reviewed actions and discussions held at the Commission's work session and meeting. He noted recommendations the Commission for changes to the beekeeping ordinance would be brought forward in a substitute ordinance to Council at its April 6 meeting. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report No report. -85- KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 11 H -7c. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention Visitors Bureau Council Member Bookey reported the Board's next meeting was scheduled for March 28, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils No report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she attend the Kenai High School's academic awards event; a hockey banquet; and, the GCI open house. She noted thanks and appreciation were expressed for Parks Recreation Director Frates and his crew from the hockey group. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch noted the following: Informed. Council of HR17, requesting U.S. Congress to limit the powers of the Environ.mental Protection Agency related to water and wastewater monitoring and asked if a resolution should be developed in support of HR17. There were no objections to bringing a resolution forward for Councils consideration. He traveled to Juneau and met with legislators, commissioners and Governor's staff and felt it was a good trip. Buccaneer was proceeding with its project. The A11.- America City application was submitted. The Senior Center's Choice Waiver Program received an increase for meal reimbursements which would become effective on March 1 and then. another raise would be received in July. The Library expansion project was moving forward with lots of volunteer effort in moving approximately 79,000 items to the new portion of the building. A preconstruction conference was scheduled for March 21 for the paving of Barron Park Drive and Willow Street. The project was a State- funded project. A $25,000 grant was received from the U.S. Department of Fish Wildlife and would be used toward the installation of the new Meeks' Bridge. Persons displaced by the structure fire at the Bay Arms Apartment Complex were quickly assisted by the Red Cross. The City's agreement with Conoco Phillips related to the Multipurpose Facility, he believed, would expire in one year. It was noted Koch was recognized at the hockey banquet for assisting with the program even though his child was no longer involved with the program. Also, a citizen survey would take place in association with the Comprehensive Plan Update process. J -2. Attorney City Attorney Stearns noted the following: The City received restitution for the moose that had been stolen from the Library. -86- KENAI CITY COUNCIL MEETI MARCH 16, 2011 PAGE 12 1G A three -day Access class had been provided to City employees, as well as others, at Kenai City Hall and was organized and attended by her assistant. She would be out of the office the first week in May to attend Alaska Bar Association Board of Governors meetings and Annual Convention. She would be providing a presentation on Open Meetings Act to the Kenai Peninsula Bar Association and later on, a presentation on judgment collections. She had requested a meeting with the City Manager to discuss Planning Zoning code violations. J -3. City Clerk No report. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment tit K -2. Council Member Comments Moore No comments. EXECUTIVE SESSION None Scheduled -87- act to 5 minutes per speaker) Barry Eldridge, 2679 Bowpicker Lane, Kenai Commented on Harbor Commission recommendations to Council related to development of a drift boat pull out. Molloy Thanked the City Attorney, City Clerk and City Manager for the memoranda related to commissions /committees which was included in the packet. Thanked the Police Department for the annual crash report and for the Department's commitment to reducing crashes and injuries. Thanked Eldridge for his comments. Marquis No comments. Coffman No comments. Bookey Reminded all of the St. Baldric k's fundraiser on March 19. Gabriel Reported he was the guest speaker at the Kenai High School's academic banquet and was impressed with the many gifted students in the area. Attended the Peter Pan production and was again amazed at the talents within the area. Traveled to Juneau with Koch and reported it a very interesting experience and believed the legislators recognize problems related to the Personal Use Fishery were not just a Kenai problem. Porter Commented on the recent earthquake and tsunami destruction in Japan. KENAI CITY COUNCIL MEETING MARCH 16, 2011 PAGE 13 ITEM L: PENDING LEGISLATION (This item fists legislation which will be addressed at a later date as noted.) Ordinance No. 2537 -2011 Amending the Kenai Municipal Code chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the city of Kenai Including the citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections, (Clerk's Note: At the February 16, 2011 Council meeting, Ordinance No. 2537-2011 was postponed for referral to the Planning Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:22 p.m. Minutes submitted by: Carol L. Freas, City Clerk "The student may cast advisory votes on all matters except those subject to executive session discussion. Aduisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall he recorded in the minutes. A student representatiue may not move or second items during a council meeting. -88- U z 0 U W W Z e- N U 2 J o a 0 0 o LL in O C7 CK Z Lu O al N Z J 111 U E Z d U O Z N Z h h- z W W L J r P P Fa 0 Q 7.J J J J T D 7 W 0 z U) 0) 0) 0) 0 0 0 0 0 CC CC Z CC Z O CO CO 0 O J N 0 w 0 4 N U -89- -90- 0 KENA\� SKA CITY OR KENAI ORDINANCE NO. 2546 -2011 Sponsored by: Council Member Molloy AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE RURAL RESIDENTIAL RR -1 ZONING DISTRICT, INCLUDING CHANGING MAITY "CONDITIONAL USES" TO USES "NOT PERMITTED," AND PROVIDING FOR CERTAIN "CONDITIONAL USES" FOR PROPERTIES ALONG THE KENAI SPUR HIGHWAY WITHIN THE RR -1 ZONING DISTRICT. WHEREAS, there are two (2) areas in the City of Kenai that are zoned as Rural Residential RR -1 Zoning Districts "RR -1 Zoning District"), which are the Three W's Subdivision and the area generally known as the "MAPS Area;" and, WHEREAS, in 1985, the residents of the MAPS Area desired to have the MAPS Area re- zoned from Rural Residential (RR) and Suburban Residential (RS) Zoning Districts to the RR -1 Zoning District, and the City of Kenai re- zoned. the MAPS Area to the RR -1 Zoning District; and, WHEREAS, in 1986, the residents of the Three Ws Subdivision desired to have the Three W's Subdivision re -zoned from Rural Residential (RR) Zoning District to the RR- 1 Zoning District, and the City of Kenai re -zoned the Three Ws Subdivision to the RR- 1 Zoning District; and, WHEREAS, historically, residents of these areas in the RR -1 Zoning District have been actively engaged in zoning issues and processes affecting their neighborhoods, expressing their desire to maintain the development of their neighborhoods as low density residential development that creates a stable and attractive residential environment; and, WHEREAS, residents of these areas in the RR -1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR- I Zoning District; and, WHEREAS, residents of these areas in the RR -1. Zoning District have made presentations to the Kenai City Council, Planning and Zoning Commission and Administration regarding their concerns and their proposed solutions; and, WHEREAS, residents of these areas in the RR -1 Zoning District desired to collaboratively work with the City through the public process to amend the land use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Preserve low density residential development; Prevent land uses that generate heavy traffic; and -91- Ordinance No. 2546 -2011 Page 2 of 3 Support a stable and predictable setting for future investment; and, WHEREAS, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1. Zoning District, will meet the specific intent of the RR -1 Zoning District and promote the residential character of Three W's Subdivision and the MAPS Area; and, WHEREAS, the Planning and Zoning Commission held a public hearing on 2011, and adopted a resolution making recommendations to the City Council on this ordinance; and, WHEREAS, it is in the hest interests of the City of Kenai to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District, 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 the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. 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 day of 2011. -92- PAT PORTER, MAYOR Ordinance No. 2546 -2011 Page 3 of 3 ATTEST: Carol L. Freas, City Clerk -93- Introduced: April 6, 2011 Adopted: Effective: ZONING DISTRICTS RESIDENTIAL I LAND USES 1 C RR RRI RS RS1 P 12S2 P RU P CC P CC S' FL S' 111) ED Vi Cr R i P TSB P LC P CMU S One rurally Dwelling 1 C1" P P P Tworthree Family i i 0 111 Dwell in g, 1 P P P P P P P S' C C" P 1 1 P S Four Family Dwelling Cli P Ci I N N P 1 ,21 3.3; Cii( C C -13 N P I C SUC Five/Six Family Dwelling i C" C N P i N N P P S C C N N P I C S Seven or More Family CIa Dwelling 0 N C N N P P s A,, C C N N 1' C SVC Townhouses' C" C: 0 C C C 7 C C 0 0" 0 0 C C Mobile Home Parks NC[03,1\1 C 0 0 0 N 0 N i N 0 Planned Unit Residential Development 0 0 0- 0 C. 0 C 0 0 N 0 010, 0 COMMERCIAL LAND USES C RR R 21 RS RSI RS2 R4S f 1' CG IL P Hi PNNN ED R TSEI LC N CMU I' Automotive Sales 1 N 0 [m N N N N Automotive Service 1 N Stations 0 [0] N. N NI N P P P P N I N N Banks N 0 3011 N 0 N C:FP P C N C 010 P Business/Consumer Services N i C [C] N 0 N 34 0 P P P C N C C 03 P Guide Service N 0103NC 3\1 0 P P PPNP PO P lifotels/Motels iN 0 [03N0 N/ N 0 P P P C N 0 P 0 P Lodge N 0[01N0 1 C P PiPCNPiP 0 P Professional Offices N 0 0 11 33 C/NN P P P P.N0P P P Restaurants N N 01031\10/N 0 N 101 N 0 N N 0 0 p P P P P 0 P P N S" i C 0 S a11 0 C 0 P P Retail Business Wholesale Business NC[CINCNN 0 0 P P P N S" 0 0 NI Theaters/Commercial Recreation N 0 [01N N N 0 P 00N1 0 P 14.22.010 Land use table. KEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted Page 1 of 5 LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions New Text Underlined 1DELETED TEXT BRACKETED] Ordinance No. 2546-2011 -94- Attachment A ZONING 1M5 CTS RESIDENTIAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL 111 ED R TSH LC CMU One Pamily Dwelling C'" P P Two /Three Family Dwelling C'" P P Four Family Dwelling C' P Five /Six Family Dwelling C'" C N P N N P P S C C N N P C S' /C Seven or More Family Dwelling C C' N C N N P P S J C N N P 'U S' /C Townhouses' C'" C C c e c c c C C c 21 0 0 0 c M obile Home Parks I N C [C] N 0 0 0 0 0 0 0 0 N 0 N N C Planned Unit Residential Development' C'" C C C C 0 0 0 C C C N C c C c COMMERCIAL LAND USES C RR RR I RS RSI RS2 RU CC CG iL €11 ED R TSH LC C MU Automotive Sales N C [C] N N N N C P P P P N N N N P Automotive Service Stations N c [C] N N N N C P P P P N C N N P Banks N C [C] N c N N C P P P C N c C C P Business/Consumer Services N c [c] N C N N C P P P N C C c P Guide Service N C [C] N C N N C P P P P N P P c P Hotels /Motels N C [C] N 0 NN c P P P C N c P 0 P L odge N C [C] N C N N C P P P c N P P C P Professional Offices N C C c N N PP P P P N C P P P Restaurants N C [C] N 0 NN c P P P C N c C C P Retail Business N C [C] N C N N C P P P P S S CC P Wh olesale Business N C [C] N C N N C C P P P N Su C c N Theaters /Commercial Recreation N 0 [C N C N N C P P C C N P 0 c P 14.22.010 Land use table. KEY: P= Principal Permitted Use C =Conditional Use S Secondary Use N =Not Permitted Page 1 of 5 LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 Attachment A ZONING DISTRICTS INDUSTRIAL I J 1 I LAND USES 0 RR I RRI RS RSI RS2 1 RU 00 CG IL I Ill ER R TSEI LC MU Airports and Related Uses P el [CI N 0 N 0 1 0 P P P IP N10 0 10 C. Automotive Repair :N 0 (0] N C N 0 C 1 1 i P P Ifl0:0 N N■ I Gas Manuitturer/Storage N 0 ICI N 0 0 1 N N 0 N 0 Cr 1 0 I N 0 0 N Manufacturing/Fabricating/ Assembly 0 0 (CI N 0 1 0 1 0 0 P PP 1 10000 0 .1 Mini-Storage Facility :00 [0]00 0 0 CIC 0 HH 0 P P PPN000 P P 0 N 0 N 0 0 Storage Yard I N 1 C I fel N C N Warehouses 10 i CNCIL,10 N 010 0 P PP0000 0 PUBLIC/ INSTITUTIONAL I i 1 1 1 1 1 LAND USES 1 0 RR I RRI RS RSI i RS2 RU 1 00 CG IL 111 ED R 1 TSH LC EAR! Charitable Institutions 0 0 [01N 0 0 0 I P I P P P P P 0 1 P C. P Churches* 0 P P P"' P 1 P 1 P ro" c 0 P r P 1 P P Clinics 10 0[01N0 0 0 01? P P 00,010 P P Colleges* 1 0 C:X 0 0 1 C 1 C P 0 C P 010 0 t' Elementary Schools* ;0 0 0 0 0010 P P 0 01P 010 0 P Governmental Buildings 1 C. C. C.— 0 0 0 0 P P P 0 P 0 0 P P High SChOOLS' 1 0 C 0.'" 0 0 1 0 E C r:- C 0 P P 0 CIPICI 0 0 P Hospitals* 0 0 MN 1 0 P P P001000 P Libraries* 0 0[0)N 0 0 010 P P P P P C 0 P101 P 0 P CHIC P P Museums 0 01[0)N 0 0 010.1P Parks and Recreation 1 0 00 010 0 0 1 0 1 1 0 0 1 P 0 P 0 P 010 I P P P c 0 0 0 P Assisted Living MISCELLANEOUS I r LAND USES 1 0 RR I RRI RS RSI RS2 RE 00 CG IL IH I ED 14 TSII LC CMIJ Animal Boarding C r [C';:iN 0 01N1N[C 0 0 010100 0 0 Bed and Breakfasts 0 C.: 0 01O 0 0 010 NO 0 P 0000H:0 P CHNHPTP 0 P P Cabin Rentals 0 CH Cemeteries to 0]C 0 N N N IN 0 0 0101010 0 N Crematories/Funeral Homes 1 N 0 0 0 0 N 0 1 0 1 1 0,H 0 P 0 P 0N 0 0 010 0 010 P 0 P Day Care Centers'` 0 0 0 0 010 Dormitories/Boarding 1 0 Houses 0 I 0 0 0 0 P P 5 0 P P 0 I 0 c 1 1 1 P Essential Services I P P [P30 P P 1 P P P P P I P P P P P Farm ing/General 1 Agriculture P 0 0 •N1N 1 0 HN i 0 0 PiNIP 0 N 0 GreenhousesiTree Nursenesn 0 0 [GIN 0 C. i C. 0 1 I P P P 0 0 0 0 1 u P KEY: P Principal Permitted Use Conditional Use 5 .Secondary Use Not Permitted LAN» USE TABLE -95- Page 2 of 5 NOTE: Reference footnotes on following pages for additional restrictions New Text Underlined; pELETED TEXT BRACKETED] Ordinance No. 2546-2011 Attachment A ZONING DISTRICTS MISCELLANEOUS LANs) USES C RR RRI RS RSI RS2 RI CC CG IL III ED R "fSH LC CMU Ciunsmithing, Printing, Taxidermy N [C] N C C U C P P P P N C P 0 Assemblies" (Large: Circuses, Fairs, Etc,) C C [C] N C C C C P" P" P" P' P''' 1J P N P" Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C [C]N 0 J C C P p p IU N C P C P Nursing, Convalescent or Rest Homes N C [C:] N 1, C C C 0: P L 0. C 0 V C Parking, Off-Street P 1' [f C P 0 P P 0 0 0 0 0 0 0 0 0 Paling Public Lots" C CI N C C C C C C c C c c C c C Personal Service [C] N C C C I P P I' P C C 0/ P Communications Towers Z< Antenna(s), Radio/TV Transmitters /Cell Sites" P 0 10 :j N 0 0 C: C P 0 P 0 Recreational Vehicle Parks C C [C] N C N N= C 0 C C C N C 0 N 0 Subsurface Extraction of Natural Resources 0 C [0] N 0 0 Cl C C 0 0 N 0 N N N Surface Extraction of Natural Resources C [0] N C N N C N 0 0 C N 0 N N N See 42 USCA Sec. 2000cc (Roligiot s Land Use and institutionalized 1 ersons Act of2000) a: See 42 Telecommt nications Act of 1.996, Sec. 704 a) aMr .See, however, the limitations imposed under K ?v1C 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the pad, of the building fronting on collector streets and major highways. Commack 1 or industrial which falls under the landscaping /site plans requirements ofKMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single- family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling trait shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; Yards around the site, off- street parking and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will he in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access .streets are designed; The property adjacent to the proposed dwelling group will not ire, adversely atTF eted. 4. Sec "Townhouses" section. KEY: P Principal Pennitte Use C Conditional Gse 5 Secondary Use N =Not Permitted LAND USE TABL NOTES Reference footnotes on following page additional restrictions Page 3 of 5 New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 -96- Attachment A Limited Commercial Zone 1 Personal Services Pennitted(P) Conditional LJse(C) Art Studios X Barbers X 1 Beauticians i X Dressmakers X Dry Cleaners X Self- Service Laundries X Pilness Centers Massage Therapist X I Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X 5. See "Mobile flomes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets th minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. S. Allowed as a conditional use, provided that the proposed location and the characterise e will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that ail applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. I i Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a An uncleared buffer strip of at least thirty (30) fee t. shall be provided between said use and any adjoining property in a residential zone. h. Exits and entrances and off street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed nn government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 1420.070(a).. except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 2 1. Developments for use shall be the same as those listed in the "Development. Requirements Table" for the RtJ /TSH zones. 2. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (erg„ a gift shop or coffee shop within another business). 25. Art studios barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four {4) months per year. 27. Page 4 of 5 New Text Linde ed [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 Attachment A -97- ics of the sire 28. 29. Personal services not set forth in the above matrix are conditional us Communications tower /antenna(s) allowed as a principal permit- (P) use if the applicable conditions set forth in KMC 1410 255 are met or a conditional use (C) if the applicable coo. itions set forth in KMC 14.20,255 and 14.20.150 are met, Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway or lb) driveweigecess from a dedicated right- of -wav and that driveway access is not more than 125 feet as measured from the centerlit lathe Kenai Spur Highway to the center of the driveway access as shown on an as -built drawtnelsurvev of the parcel. New Text Un derlined [DELETED TEXT BRACKETED] Page 5 of 5 Ordinance No. 2546 -2011 _98_ Attachment A 28. 29. Personal services not set forth in the above matrix are conditional uses. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway. or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel. Page 5 of 5 New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 Attachment A MEMORANDUM TO: the caypf/ KENAI, ALASKA FROM: DATE: SUBJECT: 1 Memo 3/30/2011 "Viffaye with a Past, Ci y with a Future" Mayor Porter, Vice Mayor Boyle, Council Members Bookey, Gabriel Council Member Molloy 03/30/11 Ordinance No. 2546-2011 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 -99- qu.is, Moore Introd.uetion: Ordinance No. 2546 -2011 proposes to make changes to the Land Use Table in KMC 14.22.010 applicable only to the RR -1 Zoning District. It is the product of the effort and process of two neigborhoods that made best efforts to engage all residents of the RR -1 Zoning District. There are only two land areas in the City of Kenai that are zoned Rural Residential RR -1 and that would be affected by this ordinance: the Three W's Subdivision and the area generally known as the "MAPS" Area. A map entitled "RR -I Zones" is attached. It shows the location of both of these RR -1 land areas. The proposal eliminates many uses in the RR -1 Zoning District that are currently allowed only under a conditional use permit (CUP), changing those uses from "conditional" to "not permitted." Importantly, certain conditional uses would remain where a property is located along the Kenai Spur Highway within the RR-1 Zone, including Professional Offices. So, for example, the owner of the parcel with frontage on the Kenai Spur Highway, with the CUP for professional offices, can continue to go forward with the development of the parcel for the dental practice under the amended Land Use Table. The proposed changes to the Land Use Table are set out in Attachment A to this ordinance. Because legislative format in Attachment A may be confusing, an additional comparison table is attached to this memo for review, and to aid public comment and discussion, In addition, a summary of the proposed "permitted" and "conditional uses" is provided below. 1992 Action Requested of Council at 4/06/11 Council Meeting: Introduce Ordinance 2546 -2011; and Postpone the Council's further action on the ordinance until May 18, 2011 for the Planning Zoning Commission to conduct a public process about the proposed ordinance, including a work session and a public hearing, and to make recommendations to Council. (The Council would hold its public hearing on the ordinance at its May 18, 2011 meeting). Proposed Timeline for Public Process: I propose the following timeline for the review and consideration of this ordinance. This timeline was developed after consultations with Administration. The City Manager and the Planning Department generally concurred that, given other business before the Planning Zoning Commission, this is a workable timeline that should provide opportunity for review by the Commission, including a work session and a public hearing. April 6, 2011 City Council introduction and postponement of public hearing at City Council to send Ordinance to Planning Zoning Commission April 27, 2011 Planning Zoning Commission Work Session April 27, 2011 Planning Zoning Commission Agenda Item (New Business) May 11, 2011 Planning Zoning Commission Scheduled Public Hearing /Action May 13, 2011. Planning Zoning Commission Action transmitted to Council (in packet) May 18, 2011 City Council Scheduled Public Hearing /Action Rural Residential Zones: I have attached a copy of the Kenai Zoning Code, KMC 14.20.080 Rural Residential Zones (RR, RR -1 Zones). The Kenai Zoning Code establishes that the Rural Residential Zone (including the RR -1 Zone) is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing the Rural Residential Zone includes the intent to prohibit uses which would (i) Violate the residential character of the environment; (ii) Generate heavy traffic in predominantly residential areas." Three W's Subdivision: Attached are two maps entitled "RRl Zone 3 W Subdivision," to give a closer view of this subdivision. Access is from the Kenai Spur Highway via Ross Street. The two (2) larger parcels at the forefront of this subdivision and abutting the Kenai Spur Highway e 3/30/2011 -100- are not a part of Three W's Subdivision. Those two (2) parcels are zoned limited commercial and are not affected by Ordinance 2546 -2011. In 1986, the residents of the Three W's Subdivision desired to have the Three W's Subdivision re -zoned from RR Zone to the RR -1 Zoning District. The residents initiated the rezone process by filing a rezone petition. I have attached copies of City records from the May 14, 1986 meeting of the Planning Zoning Commission and the June 4, 1986 City Council meeting. These records show the rationales for why the residents requested the rezoning of their subdivision to the RR -1 Zoning District. The City Council agreed; and through Ordinance No. 1141 -86, the City Council re -zoned the Three W's Subdivision in 1986 to the RR -1 Zoning District. MAPS Area: Two maps entitled "RR1 Zone MAPS Area" are attached, to give a closer view of the MAPS Area. Access is from the Kenai Spur Highway via several streets. In 1985, the residents of the MAPS Area desired to have the MAPS Area re -zoned from Rural Residential (RR) and Suburban Residential (RS) Zones to the RR -1 Zoning District. The residents initiated the rezone process by filing a rezone petition. I have attached copies of City records from this process including the minutes of the April 10, 1985 meeting of the Planning Zoning Commission and the minutes of the May 1, 1985 City Council meeting. These records show the rationales for why the residents requested the rezoning of the MAPS Area to the RR -1 Zoning District. The City Council agreed; and through Ordinance No. 1036 -85, the City Council re -zoned the MAPS Area in 1985 to the RR -1 Zoning District. More recently, in 2009, the City Council rezoned several parcels in the MAPS Area that abut the Kenai Spur Highway to Limited Commercial Zone by Ordinance No. 2393- 2009. The MAPS Area residents opposed that rezone action, and the rezone action was overturned by referendum on Proposition A in the October, 2009 municipal election, which vote repealed Ordinance No. 2393 -2009. Both before and after the October, 2009 election., MAPS Area residents have attempted to engage collaboratively with the City to address their concerns about zoning issues. The residents' efforts have included the development of their proposed MAPS Special Zoning District, discussions with Planning Zoning Commissioners, and the several meetings that MAPS residents had with the City Administration regarding their proposed Special Zoning District. The idea of amending the Land Use Table, instead of creating the Special Zoning District, is one idea that carne out of the residents' meetings with the City Administration. In September, 2010, MAPS Area residents made presentations to both the City Council and the P &Z Commission. They expressed their desire to work collaboratively with the City through the public process to amend the land use table. Their memo entitled "9.8.10 P &Z.. Commission 9.15.10 Council Presentations" was presented to both Council and -3 Memo 3/30/2011 -101- Four Family Dwelling C 3, 22, 29 Townhouses C 3, 29 Planned Unit Residential Development 7 C 29 Professional Offices C 29 Colleges* c 29 Elementary Schools* C 29 Governmental Buildings C 29 hi gh Schools* C 29 Parks Recreation c 29 Assisted Living C Bed Breakfasts C Cabin Rentals c Cemeteries c Da Care Centers c 29 Parkin•, Off Street C gs One Family Dwellin• P Two /Three Family Dwelling P Churches* P 10 Commission during their September 2010 presentations (copy attached). This memo sets out the MAPS Area residents' own brief summary of the history of other zoning processes and actions affecting the MAPS Area. Purpose: The present Land Use Table's allowance of so many conditional uses within the low- density residential areas of these two neighborhoods has the tendency to erode the residential character of these neighborhoods.' The intent of the proposed amendments to the Land Use Table in Attachment A is to promote the residential character of these two neighborhoods in the RR -1 Zoning District as follows: Protect against incompatible land uses; Preserve low- density residential development; Prevent land uses that generate heavy traffic; and Support a stable and predictable setting for future investment. Summary of Proposed Land Uses In RR -1 Zoning District Under Amendments: Permitted Uses: Conditional Uses: 1 These concerns were also expressed by the public in the Campanella appeal (VIP Subdivision). 4 Memo 3/30/2011 -102- New C 29•" Footnote 29: Regarding the proposed Conditional Uses, proposed footnote 29 would establish that: 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur. Highway, or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as- built drawing /survey of the parcel. Since the Three W's Subdivision does not have any parcels that abut the Kenai Spur Highway, in practice, the proposed footnote 29 would affect only the MAPS Area. It is my understanding that the Alaska Department of Transportation and Public Facilities does not plan to approve more Kenai Spur Highway access for any development, commercial or otherwise, along the corridor of the Kenai Spur highway. This means that the State DOT is unlikely to approve any more rights-of-way or driveway entrances that would intersect the Kenai Spur Highway. All new ingress and egress for any and all commercial enterprises that may locate in the area, with the exception of one approved but- not constructed access point, must be through already- existing streets. This means all access for commercial businesses located in this area would be through the MAPS Area's streets of Princess, Cinderella, McCollum and Magic. The one approved highway access point that is not yet constructed is for the owner of the property where River City Dental plans to locate. The purpose of proposed footnote 29 is to attempt to reduce the potential for heavy traffic where the majority of homes are located by limiting the driveway access (ingress and egress) of traffic generated by the conditional uses to either (1) directly to and from the Kenai Spur Highway, or (2) to and from the side streets, with the driveway access being not more than 275 feet as measured from the centerline of the Kenai Spur Highway to the center of the driveway access on the side street, Active Conditional Use Permits: I have attached a list titled "Active Conditional Use Permits." This list shows all active CUPs within of the City of Kenai (all zoning districts). It is accurate as of February 14, 2011. I have also attached a list titled "Conditional Use Permits in the RR1 Zone," which lists the active CUP in the RR -1 Zoning District of the City of Kenai as of February 14, 2011, This CUP is also included in the first list. The only CUP that is currently active in the RR -1 Zone is the CUP issued for River City Dental's Professional Office. As indicated above, this property already has approved driveway access on the Kenai Spur Highway. 5 Memo 3/30/2011 -103- Closing Comments: Since their public presentations in September, 2010, the MAPS Area residents have reached out to the Three W's residents. They have held multiple meetings regarding zoning issues, including amendments to the Land Use Table. During the process of development of proposed Ordinance No. 2546 -2011, there were two joint meetings of residents of the Three W's Subdivision and the MAPS Area. (Notice of these joint meetings was widely distributed to all residents of both neighborhoods). The joint meetings were well- attended by residents of both neighborhoods, and were also attended by residents of other City subdivisions. The residents at the joint meetings reviewed, discussed, and supported the proposed amendments to the Land Use Table embodied in Ordinance 2546 -2011. It really is extraordinary work by the City's residents to put such substantial time and effort into engaging their neighbors, their community, and their elected officials over their concerns about land uses in their neighborhoods. Accordingly, 1 respectfully request the Council's support of introducing Ordinance 2546 -2011 so that it may be further reviewed and considered in a formal public process. 6 Memo 3/30/2011 -104- RRI Zones -105- February 14, 2011 Kenal Municipal Code Kenai, Alaska Current through Ordinance 2507 -2010 and the November 2010 code supplement. For more recent amendments to this code, please refer to the CodeAlert page, or contact the city. This document Is provided for informational purposes only. Please read the full disclaimer. Municipal Code Table of Contents Search Ordinance List CodeAlert Recently Passed Ordinances Links: Kenai, Alaska Home Page Contact; Kenai City Clerk: (907) 283 -7535, Ext. 231 Published by: Quality Code Publishing Seattle, WA 1 -800- 328 -4348 Kenai M000.0 i Jodi Title 14 PLANNING AND ZONING Chapter 1 4`.20 KENAI ZONING CODE 14.20.080 Rural Residential Zones (RR, RR -1 Zones). (a) intent The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a. stable and attractive residential environment. The specific intent in establishing this zone s: (1) To separate residential structures to an extent which will (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. Parking Requirements: As required by this chapter. Ords. 925, 1009) -106- Ordinance No. 2546 -2011 Comparison of Current and Use Table to Proposed Amended Table for RR -1 LAND USES RESICDEN IAtL One Family Dwelling Five /Six Family Dwelling Two /Three Family Dwelling Four Family Dwelling Seven or More Family Dwelling Townhouses 4 Mobile Home Parks 6 Planned Unit Residential Development 7 COMMERCIAL Automotive Sales Automotive Service Stations Banks Business /Consumer Services Hotels /Motels Lodge Professional Offices Restaurants Retail Business W'hclesale Business Theatres /Commercial Recreation gNDUSTRiAL' Airports Related Uses Automotive Repair Gas Manufacturing /Storage Manufacturing/Fabricating/ Assembly Mini-Storage Facility Storage Yard Warehouses Current 14.22.010 Guide Services C C C C C Proposed Amended Tabl P C322,29 N C3, 029 N 029 Nr N N N N 029 N N N N N N N N -107- Ordinance No. 2546 -2011 Comparison of Current Land Use Table to Proposed Amended Table for RR -1 LAND USES Cu -rent 14.22.010 PUBLI ENSDTUTIONAL Charitable Institutions Churches* Clinics Colleges' Elementary Schools* Governmental Buildings High Schools* Hospitals* Libraries* Museums Parks Recreation Assisted Living !fISCELLANEOUS. Animal Boarding 13 Bed Breakfasts Cabin Rentals Cemeteries Crematories /Funeral Homes Day Care Centers 12 Dormitories /Boarding Houses Essential Services Farming /General Agriculture Greenhouse/Tree Nurseries 13 Gunsmithing, Printing, Taxidermy Assemblies is (Large Circuses, Fairs, etc.) Fraternal Organizations /Private Clubs /Social Halls Union Halls Nursing, Convalescent or Rest Homes Parking, Of Street Parking, Public Lots 12 Personal Services Communications Towers Antenna(s), Radio /TV Transmitters /Cell Sites 28 Recreational Vehicle Parks Subsurface Extraction of Natural Resources 16 Surface Extraction'of Natural Resources 17 0 P10 C C C 0 0 C C C C C C C N C C P N C C C C C P C 0 C C C Amended N P 1 N 029 029 029 C29 N N 029 0 C C C N C29 N N N N N N N N 029 N N N C -108- THREE W'S SUBDIVISION -109- -1 1 0- February 14, 2011 RR Zone Subdivision February 14, 2011 KENAI PLANNING ZONING COMMISSION May 14, 1986 7;00 p.m, Kenai City Hall Lee Lewis, Chairman 1, ROLL CALL 2, APPROVAL OF AGENDA 3, PERSONS PRESENT SCHEDULED TO BE HEARD a. Tammy Miller Buffer Zones and Conditional Use Permits PUBLIC HEARINGS a. Testimony: Closing Municipal Perk Cunningham Park to Overnight Camping b. Resolution PZ86 -18: Rezone Entire 3W's S/D to Rural Residential one (RR -1) 5. APPROVAL OF MINUTES of April 9, and April 23, 1286 6. OLD BUSINESS 7, NEW BUSINESS a, Lease Review: Lot 6, Blk 1, Gusty S/D Change in Use Roberts b. Preliminary Plat PZ86 -19; Jahrig S/D Q. Preliminary Plat PZ86 -20¢ Misty Haven S/D li2 B. PLANNING 4. REPORTS a. City Council b. Borough Planning c. City Administration AGENDA -112- PLANNING COMMISSION May 14, 1486 Page 3 MOTION: VOTE; hasn't look this good all yeer.• Commissioner Zubeck stated that he felt neither Beaver Creek nor Cunningham Park are really adequate for camping at all. Cunningham Park ie se crowded during the summer you can't walk through it or drive through it. I'm sure there are campers there who stay for weeks. Commissioner Smalley stated that the earliest boats are usually on the river about 5 AM and most are back off the river around 11 PM to midnight. Commissioner Smalley moved to recommend closure of Beaver Creek Park and Cunningham Park to overnight camping and that they have limiting of hours of 5AM to midnight with no use whatsoever during the closure hours and that the Municipal Park will remain open this summer with closure at the end of the summer season until such time as it has been upgraded and improved, with strict enforcement of the 72 hours rule, seconded by Commissioner Carignan. Commissioner Smalley stated he felt it would be a good idea to get together with Soldotna and ascertain how the contractural type agreement is working and look at that as a viable possibility. The Commission instructed Planning Specialist Loper to carry out this request and report back to the Commission. Motion passed unanimously MOTION: Commissioner Carignan moved that the City investigate the possiblity of hiring someone to supervise the city parks during the summer months similar to the concession basis, seconded by Commissioner Bryson. VOTE: Motion passed unanimously b. Resolution PZ86 -18: Rezone Entire 3W's 5/D to Rural Residential One (RR -1) Chairman Lewis opened the issue for public hearing. Bob Gerstlauer, 535 Shane Crt. The residents desire to prohibit 4- plexes. Our covenants restrict the subdivision to single family only, however, we have found that the City does not enforce covenants therefore we could have the covenants but still have the 4- plexes. We would like to have the subdivision restricted to single family homes only, however, we understand that there is no zoning for single family homes so we are requesting the RR -1. -113- PLANNING COMMISSION May 14, 1986 Page 4 MOTION: V OTE MOTION: Motion passed unanimously Doug Emery, 570 Rance Crt. Mr. Emery stated that 100% of the property owners in Three W's S/D are requesting the rezoning. The residents would like the rezoning to go along with the covenants, but the city has no such zone for single families. Mr. Emery went on to quote DEC regulations concern lot size and water septic systems, Commissioner Bryson moved approval of P786 -16, seconded by Commissioner Carignan Commissioner Bryson commented that there is presently a weak area in the setbacks in that they are blank. That is something that is presently in the works to be rectified in line with the RR zone. Right now there is no site eetback requirements. Commissioner Smalley asked iF, this could bo dealt with through a motion, answer it can be handled administratively. 5. APPROVAL OF THE MINTUES OF April 9, and April 23, 3,986 Minutes were approved as submitted OLD BUSINESS None 8. NEW BUSINESS a, Lease Review: Lot 6, Blk 1, Gusty 5/0 Change in Use Roberts Administrative Assistant Gerstlauer explained that it was observed that the plans that had been approved for a sandwich shop had turned into a video rental store. Upon contacting Dan Roberts it was explained that this was not in conformance with his lease, therefore the letter requesting a change in lease. His lease presently states it is For a restaurant. Commissioner Carignan moved approval of the change of use request by Mr. Roberts for described property from a restaurant to a video sales store, seconded by Commissioner Osborne, Commissioner Smalley asked if he wished to change it completely eliminating the restaurant answer yes. Administrative Assistant Gerstlauer suggested that instead of being so restrictive, the Commission might consider making it a retail establishment. -114- Bill ZubeK" Chairman 'Lee Lewis :Phil Bryson Richard Oarrignen PLANNING ZONING COMMISSION :0 DO -115- A RESOLUTION OF THE ADVISORY PLANNING ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING (APPROVAL) (DENIAL) OF THE tEWUESMED (RE ONING) (SAND fl7 ENT) SUBMITTED BY P4 V 4.CAT eYc/'(2ar Appplicant) �G FOR C./7T //z c34ib d/.0 SEE Cix4/�/ /T 4/ (legal description) WHEREAS, the Commission finds the following: '1, The subject property is currently zonede.?:0477 2. The present land use pia designation of the subject property is /22 /wn Ji -n-si, i £s /derlb%/ 3, The proposed `f3NING iPISTRIC r for the affected proper 4. An appropriate public he ring as Commission on .67/1441/4 5. That the following additional facts have been found to Ste- 6 09)/itte 9 NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning of the City of Kenai that the petitioned (REZONING) (9tP ,R14ENBSF,NT is hereby {RECOMMENDED) (NOT RECOMMENDED) to the Kenai City Council. PASSED by the Ad is ory Plan Alaska, this /V,& day of ATTEST: Planning Se 8/84 er:: ar CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. Pi -/f y -116- required has been conducted by the exist: g Commission n of the City of Ken AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 4, 1986 y900 PM YORK SESSION 6045 P11 PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda a All items listed with an asterisk are considered to be routine and non- cnntrovereiel by the Council and will be approved by one motion. There will be no aeperata diecuasian of those items unlace a Council member ac request®, in which ee:e the item will be removed from the Consent Agende and considered in its normal sequence an the agenda as pert of the General Orders, B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Clarence Ladd Beautification of City Hera Zimmerman Kenai Peninsula Photo Ada Airport Terminal PUBLIC HEARINGS 1. Ord. 1128 -86 Valhalla 8/0 2. Ord. 1130 -86 Line 3., Ord. 1131 -86 4, Ord. 1132 -86 5. Ord, 1133 -06 Zone 6. Ord, 1138 -06 T. Ord. 1139 -86 0. Ord. 1140 -86 3600 9. Ord. 1141 Amend Inning Ma 3 -W'a S/D 10. Ord. 1142- 6 increasing Rev ppne 327,778. 11. Ord. 1143 -06 Ties $7,200 12. Res. 86 -52 FT 86 -67 13. Reo. 86 -53 lnlet View Dr 14. Rea, 06 -54 Lilae Const 15. Rea, 86.55 Pt. 314,135 -117- Amend Zoning Map Thonpecn Park 6/D end Amend Kenai Municipal Code Zero Lot Amend Kenai Municipal Code Touashouse Amend Kemal Municipal Code Sita Plena Amend Kenai Municipal Cade Townaite Adopt Annual Budget FV 06 -87 Increasing Rav /Appna Library 31,300 Increasing Rev /Appna Senior Day Care increasing Rev /Appne Purchaee Railroad Fixing Rate of Levy of Property Tex Award Contrast Canetruotion Cook Lilac Doyle Conet, $431,696.YO Transfer of Funds Cook Inlet View Dr., ruction $11,647 Irene?, of Funds Loke, Marine, Granite KENAI CITY COUNCIL 9UNE 4, 9906 Page 7 C -9 Ord, 9141 -86 m Amend /Zoning Nap m /-9 001E MOTION* Counoilwuaan Bailie moved, seconded by Councilwomen Monfor, to adopt tale ordinance, PUBLIC COMMENT* Bob Uoretleuer, 555 Shane Ct,, Kenai, He wants to amend to conform with the pavements, They would like to restrict 4- plesee and retain a quality subdivision, Motion placed by unonimeua consent, C -10 Ord, 9142 -86 locums, Rev /Appna M,A,S, Projopt $27070 MOTION* Councilmen Hall moved, seconded by Councilwoman Nonfat, to adopt the ordinance. Thera was no public comment, Motion passed unanimously by roll call vote, C -19 Ord. 9943 -86 thereat', Rov /Appna Purchase Railroad Ties $7,298 MOTION* Councilwomen Bailie moved, seconded by Counolinten No48106 to adopt the ordinance! There was no public comment Motion paeoed unanimously by roll can vote, C -92 Roe. 86 -52 pining Rate of Levy of Property Ten FY 08.87 MOTION* Councilmen Meesloe moved, seconded by Councilwomen Bailie, to adapt the resolution, There wee no public, comment, Motion passed by unanimous consent, C-13 Moe, 86-91 Award Contrast m Conotructlon Cook Inlet View Dr Lllao m Doyle Conate S4519696,50 NOTION. Ceunollman Meeelee aovedm seconded by Councilwoman Bailie, to adopt the reedluticn, There wee no public comment -118- vu ATTEST¢ Suggested bye Planning A Zoning Coarateoten CITY OF KENAI HG, 8141-86 AN ORDINANCE OF IRE COUNCIL OF THE THE HE CITY OF RENAL ALASKA AMENDING THE UURAL DISTRICT ORURALREU O E W NTIALONE(RR- I WHEREAS, KHC 14,20.270 eetabliehea a procedure to amend the Official lent Map of the City of Kenai, and WHEREAS, a rezoning petition haa.been receivvq a ed by Robert end Dene propert ownere designat t i edareatorezonethe referenced lands (per Exhibit "A Cron Rural Residential (RR) to Rural Residential One. (RR -1) District, and WHEREAS, the Kenai Advisory Planning Zoning Commission has conducted the requited public hearing on Hey 14, 1906, WHEREAS, ae a result of the public hearing testimony from residents which indica that 100B of the residents re the the RR-1 deeignstion the Official Zoning Rep to Rural Residential One (RR -1) District to the HON, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MENAI, ALASKA, se follower Section is Subject property consisting of these Undo depicted An Ezhibity "Al ere hereby rezoned to Rural Residential (AR-1) District. PASSED BY THE COUNCIL OF THE CITY OF NENAI, ALASKA this* 4th day of June, 1986, First Readings Hey 211 1986 Second Readings lune 4, 1986 Effective Dates July 4, 1906 -119- an a IIII ss taint) a appSie Y a al= l rilligt ud'M ilincra -120- MAPS AREA -121- -122- February 14, 2011 RR1 Zone MAPS Area -123- February 14, 2011 KENAI PLANNING ZONING COMMISSION April ID. 1985 Kenai City Hall Lee Lewis, Chairman Joint Planning Commission /Council .Worksessian Old Towne Sturiv 6:30 B: 00 PM 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD PUBLIC HEARINGS 5, a. Resolution PZ85 -18: Landscaping Ordinance b. Resolution P285 -22: Conditional Use Permit PURD Pines 5/D McClure (Preliminary Plat that accompanies is item 7 -a) c. Resolution PZ85 -26: Rezoning Lands Within the Cinderella /Princess/ McCollum Area to Rural Residential One (RR -1) District APPROVAL OF MINUTES of March 27, 1985 Minutes will be available at the meeting b. OLD BUSINESS a. Lease Application: Lots 3&4, 81k 2, FBO 5/D Machine Shop /Offices Storaoe Kline 7. NEW BUSINESS a. Preliminary Plat PZ85 -25: Silver Pines 5/D (This item accompanies 4 -b) b. Resolution P285 Amending, Existing.Street Names Within City Limits 8. PLANNING -124- AGENDA PLANNING COMMISSION April 10, 1985 Page 6 VOTE: Motion failed unanimously with Commissioner Bryson abstaining, Jeff Labahn asked for specific finding of fact. Commissioner Smalley indicated his concerns were with item 1 3 as stated above. Commissioner Carignan disagreed with the comments that this is a medium density development, "I've seen Central Heights and how crowded that is and I think that this would have an effect on the general welfare, health, and safety of the area. As Commissioner Smalley indicated, at the time the PURD was developed, this was not the intent." Jeff Labahn reitterated to the public, comments regardinq,alternate avenues of development. A member of the audience asked for other alternatives to stop this type of development in the city• c. Resolution PZ85 -26: REzoning Lands Within the Cinderella /Princess/ McCollum Area to RR -1 Jeff Labahn indicated that the petition was received and is validated as to required number of registered signatures. Chairman Lewis opened the meeting to the public. Mr. Rick Baldwin spokesman for the petition group came forward., and explained that the main purpose of the rezoning is one of City water sewer being proposed for the area. The residents being aware of the fact that with City utilities comes haphazard development of the type preceeding and the residents of the area wish to the residential atmosphere, i.e. open and uncrowded and at the same time pursue the assessments which is kind of "a new animal" for the City because we are willing to pay for a portion of the water sewer. For the price of the assessment we want to have a say in how its developed in the future. At the present time its RR in character and has 2 potentials, if we do not rezone it then I see a patchwork type of development, almost a Spenard -like type of development with people who want nice residential lots being slowly squeezed out or chased away by haphazard multi family development. We can also make it probably one of the nicer open residential neighborhoods in town and nearly everyone who lives back there opts for this. We are not looking to make alot of money off of it. I understand that the City Comprehensive Plan calls for such an area in the City, one with larger lots so that People can actually live close in to town without having to live on smaller lots. We are aware of some people who have property fronting on the highway that do not wish to be rezoned and that is fine, we would like to exempt them from the rezoning,. -125- PLANNING COMMISSION April 10, 1985 Page 7 Mr. Howard Beck.. property owner along, the Spur Highway, came forward and stated that he was against the rezoning, however„ with the exemption of his property by the other owners, he is all in favor of it Peter Hansen came forward, also a property owner along, the Spur Highway, stated that the property was purchased with the intent of putting a 4 plex or 2 duplexes on it, and is opposed to the rezoning however, if his property is exempted, then he is in favor. Mr. Walt Ward, 708 Magic, is in favor because of the low density, Because of some of the comments that came up at the last public hearing, I think that you can see that what we are trying to do in this area will alleviate alot of that problem in the future. I have a 2.5 acre parcel which could be divided up into small lots if the profit motive was high,, however., with 2.5 acres I can still put 6 houses on it, make some profit and still have elbow room and a nice community. There being no further comments from the public, Chairman Lewis brought discussion back to the Commission. MOTION: Commissioner Carignan moved to adopt PZ85 -26, seconded by Commissioner Osborne. MOTION AMENDMENT: Commissioner Bryson moved to amend to delete those properties lying north of the Kenai Spur Highway, between McCollum Drive and Linwood Drive fronting on the Kenai Spur Highway as denoted in "Exhibit 8 seconded by Commissioner Smalley. VOTE AMENDMENT: Motion passed unanimously. VOTE MAIN MOTION Motion passed unanimously. 5. APPROVAL OF MINUTES of March 27, 1985 Minutes were approved as submitted 6. OLD BUSINESS a. Lease Application: Lots 3 &4, Blk 2, F80 S/D Machine Shop /Offices Storage Kline This application returns with revisions to the site plan that were suggested by the Commission at the last meeting. All items appear to -126- Chairman Lee Lewis Phil Bryson Richard Carrignen Roll L24J2 i0 P 97 NY IIIIlIlLRh&1II 111111111101 Y" araivullOMNI= Bob 0leson M 9 Ozzie Osborne I 1111I1I1111ll Hal Smalley EN 1k 1 II IILI&IIIII B ill Zubek N`�J IIM IIII� IMMINIMOMMI Call TO DO PLANNING ZONING COMMISSION -127- eljb A RESOLUTION OF THE ADVISORY PLANNING ZONING COMMISSION OF THE CITY of KENAI RECOMMENDING PROV (DENIAL) OF THE REQUESTED [REZONING'. (LAND USE PLAN AMENDMENT) SUBMITTED BY ,&J} fr6&2detkLi., I42r2x.) 1 n (Appl n i.. I FOR �.i K d t�1�l \�d..7 6_CVCS w V,.■r.L -SC /c��".d- cYe.�l c tl (legal descriptio i u WHEREAS, the Commission finds the followin 1. The subject property is currently zoned 2. The present land use plan designation of the subject property is M e. 3. The proposed MINING DISTRIC]a (LAND USE PLAN DESIGNATION) for khe affected property is I? �ZS s(c, e w� fl e 4. An appropriate public hearing as required has been conducted by the Commission on Q,,,J, /O. /9&C 5. That the following additional facts have been found to exist: lit/as-Au z`x4,6/ /s 4 t z NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning Zoning Comm ission of the City of Kenai that the petitioned11EZONII (LAND USE PLAN AMENDMENT) is hereby (RECOMMENDED) (NOT RECOMMENDED) to the Kenai City Council. PASSED by the Advisory Planning Zoning Commission of the City of Kenai, Alaska, this ZneXday df -lei 19 8/84 CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZP'7 -p -128- Chairman L' -129- gel 0 to 3 NtA4PF 5d6 K-75 63 1.95. gat 3 I A4JAK AVE 88 "r SIREE-T 143 3 5u13 tv 2. P0P.. r2f -130- Nie t.to s /'80 1IIIT 13 SE IC k 1 2.-<>tJj LS/ -f q AGENDA RENAI CITY COUNCIL REGULAR MEETING MAY 1, 1985, 7200 PM 6x30 PH Work Sesoion PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with en asterisk are considered to be routine end non controversial by the Council end will be approved by one motion. There will be no separate discussion of these items unions a Council aerobes so requests, in which comae the item will be removed from the Consent Agenda and considered In Ate normal sequence an the agenda es part of the general Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit 10 minutes par portion) C. PUBLIC HEARINGS 1, Ord. 1036 -85 Amending Zoning Map Cinderella, Prinoeee McCollum to RR -1 2. Ord, 103 -85 Establishing Renal Municipal toes, Landeta,in•.. Re.reation° E. CORRESPONDENCE 3. Res. B- t re Ansoaoment Oiatrict 4. Hee. 85 -42 Setting Percentage of Fair Market Value on ease of City Lando 5, Resolution to Legislature Supporting Additional Staff at Wildwood 6. Application for New Liquor License Pizza Napolitone 02 7. Application for New Liquor License One Stop, Boye Limited 8. Rea. 85 -43 Awarding Contract S. Righbush, Bumblebee, 8. Aliok, D. NINUTES Beirea, Bighbush Rd. 1, *Regular Meeting, April 17, 1985 1. °FAA Transfer of Antenna Farm 2. *Walters A Olson Ine, Workmen's Comp. Adjustments 3. DEC Application for Wastewater Diaconal Permit Fiehermen'a Packing 4. °Chugach Natl. Forest Additional Winter Recreation Facilities 5. *Dept. CPU State Revenue Sharing Payments 6. Dept. Public Safety Annual Highway Safety Plan 7. °San, Murkeweki Transfer of Antenna Fare 8. °Conf. of Mayors Funding fort Municipal Resistance State Rev. Sharing School Funding -131- I 1 KENAI CITY COUNCIL MAY 1, 1985 Page 2 MOTIONe Councilman Messier; moved, seconded by Councilwoman Monier, to remove item C -2 from the agenda for tonight. Motion panned by unanimous consent. Council approved the agenda ea amended, A -2 Consent Agenda MOTION; B. PERSONS PRESENT SCHEDULED TO BE HEARD B -1 Doyle Proposal to Develop Gravel Pit on City Lands Hr. Doyle was not present. 8 -2 Plaque from Civic Longue Roger Meeks, Box 424, Kenai. Council had asked him to get an estimate for the plaque. The members of the Civic League offered to furnish labor and materiels if the City would pay the difference between the cast and moneys available. Mayor Wagoner eakmd that an ordinance be drafted for the difference MOTION; Councilman Wise moved, seconded by Councilman Hessiea, to approve the Consent Agenda as amended. Motion passed by unanimous consent. Council agreed to the request. C. PUBLIC HEARINGS C -I Ord. 1076 -85 Amending Zoning Nap Cinderella, Princess, McCollum to RR -1 Councilman Moaolee moved, seconded by Councilwomen Monter, to adopt the, ordinance. PUBLIC COMMENTe e. Rick Raldwin, Kenai. Last year, in connection with installation of a water sewer district, residents of the area attempted to re -zone the area for a low density residential section. An ordinance was introduced to allow re- zoning. A petition was submitted to the City and accepted, there hum been no opposition. Ho urged passage of the ordinance. b. Pastor Earl Moore, Grace Brethren Church. At P &Z meeting there wore soma lots along the highway exempt Prom the zoning change. The Church property was divided down the middle. He would like to make sure this was changed. He would Like to add the additional lot to the exemption. MOTION, Amendments Councilman Wine moved, seconded by Councilmen Hell, that the portion of property owned by Grace Brethren Church be deleted from zoning and the sketch be amended. c, JoAnn Burrell, McCollum Or., Kenai. Their lot in Listed as Church property. Mayor Wagoner replied, this had boon corrected. -132- KENAI CITY COUNCIL MAY 1, 1985 Page 3 VOTE, Amendments Motion passed by unanimous tanoont. VOTE, Main Motion an Amendeds aped Linen el b, roll call vote. C -D Nos. 85 -01 Directing Continuation of Alisk, McCallum Assessment Diotrtct MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Manioc, to amend the resolution to include the request of Beck, Bielefeld, t Mayes (agenda item G -12). VOTE, Amendments Motion peeved by unanimous consent, b. Vesta Leigh, Kenai, When they submitted the petition, they thought they were paying 25 She had a problem easing the City give Si Million to a corporate entity and getting the little guy. There ere some people who cannot afford SOS. o. Jon Muf, Buckingham, Kenai. She io willing to pay 25%, but would not went it if at 50 She would want water, but not sewer. Mayor Wagoner noted she would be billed for water whether she had it or not. She replied She is willing to pay it, but not at 50 d. Pastor Earl Moore, Grace Brethren Church. They have sewer hook up and have a new well. They are not pushed for either one, but went to see their neighbors get it. They feel 50% is too high. e, Mrs. Cheater Cook, Ninilohik. They own a duplex off Hutto. They get no service from the City, they had hoped this would mean service from the City, but 50% is tee high. f. Karen Rogers, Kenai. They feel 50% assessment is unacceptable and would withdraw their petition at that rate, but they aro willing to pay 25 g. Walt Ward, Magi° St. They have contacted most of the Council, When it come out, 20% ooundod good. They have heard many reasons for the 50% amounts the money could go further, to nee if we wont it badly enough to pay 8 fair allure, They wore willing to pay 20 now he bears 25 is Council going up to 500? When was it 100 %1 Councilwomen Bailie [raid she paid 100% in a home in Wildwood Manor end one in Central Heighte, She -133- MOTION; Councilman Meanies moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENT; a, JoAnn Buzzed', McCollum Dr., Kenai. She was shocked that 50% woe suggested. She contacted many people, they were all against it. Mayor Wagoner explained it could be amended. Councilmen Wise asked if they could come down the out de sac trusteed of down Spur. Public Works Director Kornelis explained, that io church property, the cut de sae does not have the right of way. KENAI CITY COUNCIL MAY 1, 1905 Page 4 added, what got the City in trouble was the State giving as grants. Caunetl was prudent to put in eater sewer and paving, but it is of necessity that wo get back to sooeaemonts since the money is out heck, h. Colleen Ward, Magic St. The neighborhood came to the City in light of the work done around them. They said they were willing to pay for improvements. They submitted a plan, the City approved it. Then the City said they would expend the scope end rusk for double the charges. She knew they were a landmark case. But they cannot afford 50 it could be es much ea $400 mare. They ere a random group of people and are a cross auction of what will happen in the future. If they cannot afford it how can others? As long es the money is available, we ohould extend es much es possible. The City can still do this with 25 If the City does 50 thin will die. Since this le a new idea, the City should do it gradually. rondo are still there. It may be a little while before they ere not., We can do 50% at a later date. Councilwomen Bailie noted Council is not out to get 50 they had no one in mind. Do the people realize it will be over a 10 year period? Mrs. Ward replied yes, but some aaoosamente are $150,000 to $200,000. By requiring hook -up, it would be $2,000 to $4,000 for 3 yearn. i. Peggy Courtney, Kenai. 20% to 25% is better than 50 j, nick Baldwin, Kenai. There are many people at thie meeting, none of them favor 50 Many peapie cannot pay that amount. Thie to not the way it was told to them. Originally Council had money they wanted to use to upgrade the roads. The people came to Council and said there wee inadequate water sewer, it would be unproductive to gravel, than come back and tear up for water sewer. At that time it was to be 100% funded by the City. He came to Council and spoke against It, Ne felt if there woo to be u meaningful project, they should pay a portion. We are now arguing over how it will be implemented. It could be gradual or Council could pick an arbitrary number and sea if they will pay, He asked Council not to pick an arbitrary number. Atty. Garnett made a presentation for water sewer with 31 namoo an a petition. Councilman Wise had asked if they would go 20%. Mr. Garnett said he would check and report to City Manager Brighton. In conjunction with the water sower project, they attempted to have re- zoning. This part wee nettled tonight. The people have osized at the 20% figure all along. This is the first assessment district to come before Council in many years. If Council dean not approve the lower percentage, the work will be for nothing. Thia will net not a precedent, the precedent is to give it away. They are not asking For policy, just to get water sewer linos in the ground. ;hey are not sinking for the project ao proposed, the City has extended Princess to people who have not asked for it or signed o petition. That would benefit people who do not live here. They did not ask to go across Magic. There ore people there who oppose it. Ho nuggaated deleting Magic (the undeveloped portion). the 358 ft. of Princean and the back main to the Chrysler would be nice hut not ccmontial, k. Rodger Schmidt, McCollum, Kenai. He hao tried for 10 years to make the rood passable. PAZ lot this pons without approval. It looked like they might he able to get something from the City, but now It looks like it may go dawn the drain. He would like it to go at 25 -134- KENAI CITY COUNCIL NAY 1, 1985 Page 5 1. Kathy Burton, McCollum, Kenai. 50% is too high. She le hooked up to sewer, but she stands with her neighbors with this. NOTION, Amendments Councilman Vise moved, seconded by Counetleomen Monfor, to amend Section 3, change 50% to 25%, 9VOTE, Amendments Notion passed unanimously by volt cell vote. Public Yorke Director Korneiie explained, the portion of line on Princess could be taken off. The property owners have been notified and know they are included. On Magic St. there 13 a drainage problem, trees would have to be removed, it would need engineering, The Baron Pk. arse could be deleted, it wee added because it would be beneficial to the project. The lines are smell now, It would give them fire protection, Meyer Wagoner explained, he proposed the 50 They have been trying to coma up with a elguee to make the money go further. No one in the City should he entitled to free water d sewer and streets. VOTE, Nein Motion es Amended, Motion passed unanimo ^sly by roll call vote, C -4 Res. 05 -42 Setting Percentage of Fair Market value an Lease of City Lands MOT10N, Councilman Aekerly moved, eeconded by Councilman Measles, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C -5 Res. 05 -45 Resolution to Legislature Supporting Additional Staff at Wildwood MOTION, Councilwomen Bailie moved, seconded by Councilwoman Monier, to adopt the resolution. There wee no public comment. Councilwoman Bailie explained, staffing 1s very critical. The Pre -Trail is redesigned, they are working with 4 -man shifts. There is a potential for 18 employees, 60 total, a 6 -men shift. The Palmer ratio is about 1 to 16. The Advisory Council is sending a letter. A request had been sent for additional people, but funding wes cut, MOTION, Amendments Councilman Wise moved to add an additional clause, "WHEREAS, it appears the security of the community is threatened," Motion failed for lack of a second. Councilmen Wise explained, the only justification is if security is threatened. Motion passed unanimously by roll call vote. -135- AN ORDINANCE OF fHE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING CERTAIN LANDS WITHIN THE CINDERELLA /PRINCESS /MCCOLLUM AREA TO RURAL RESIDENTIAL ONE (RR -1) DISTRICT. WHEREAS, KMC 14.20.270 natebliehes s procedure to amend the Official Zoning Rap of the City of Kenai, and WHEREAS, the rezoning petition hes been received from C.R. Baldwin, hearing signatures of a majority of the property owners within the designated Cinderella /Princess /McCollum area to -ozone the referenced lands From Rural Residential (RR) and Suburban Residential (RS) Districts to Rural Residential One (RR -1;l. District, and WHEREAS, the Keno' Advisory Planning and Zoning Commission has conducted the required public hearing on April 10, 1985, and WHEREAS, the Commission amended and recommended approval of the rezoning petition in accordance with Resolution No. PZ85 -26. NOW, THEREFORE, BE IT ORDAINED OY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Official Zoning Map of the City of Kenai shall be amended as follows: Section It Subject property consisting of those lands depicted Ln €ihibit "A" are hereby rezoned to Rural Residential One (88 -1) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this tat day of May, 1485. CITY OF KENAI ORDINANCE NO. 1036 -84 Suggested by: Planning Zoning .First Reading: April 17. 1905 Second Reading; May 1, 1985 Effective Date: June 1, 1965 '1 L 0 KENAI SPUR Lima% TO ctAltutir6. tie Be ILS to N WD I win Ad. *Mt I ST MAT -137- 9.8.10 P &Z Commission 9.15.10 Council Presentations The work of the MAPS neighbors and friends over the last couple of years has led us, to among other things, the two presentations we are bringing to you this evening. On behalf of a much larger group of residents, Mark Schraag and I will be presenting on two separate, but related topics. I will be addressing the city's Land Use Tables and Mark will be speaking about Conditional Use Permits. Our presentations have a two -fold purpose. 1. First, it is to consider a process and ultimate outcome whereby the city as a whole could benefit through improved zoning processes and development. 2. Second and in combination with the overall city -wide benefit, the purpose of these presentation is to explore options that might also favorably advance some of those goals originally submitted in the "MAPS Special Zoning District" petition. 1. RAPID FIRE HISTORIC RENDERING TO PROVIDE THE CONTEXT: Handout of Land Use Table for RR1 Evolution and Potential Revisions By way of quick review the journey of zoning in Kenai has had some interesting turns and twists. e 1974 Per the cities request the borough approved our initial City of Kenai Zoning Code. At this time the city did not have authority over its own zoning. e 1983 The "Advisory" P &Z Commission initiated an inventory of land uses and amendments to the Land Use Plan and Zoning Maps. e 1984 The city worked with the borough and on June 6, 1984, the borough voted to transfer zoning authority to the city with a July ft effective date. e 1985 Things were relatively quiet on the zoning front for a couple years, I suspect in part because the MAPS neighbors engaged in a collaborative process with the city and many lessons were learned by alt. The ultimate outcome was what became known as "The 1985 Deal" wherein the residents of MAPS agreed to pay a 25% assessment for water and sewer installation in exchanne for two things: I) a zoning to RR1 a more restrictive, larger lot zone, and 2) the right to have a say of how the neighborhood would be developed in the future. e 1995 Ch.umlev applied to rezone a portion of RRl he owned to General Commercial voted down by the P &Z Commission with no appeal to the Board of Adjustments e 1997 Things really picked up in 1997 and there were several P&Z work sessions and public hearings regarding the Land Use Tables and their foot notes. The P &Z passed their recommendation to the Council and city administration aslced the vote be tabled noting one reason was that, in their opinion, they considered the tables vetted by the Commission and through public hearing, too restrictive. A work session was held between the Council and the Commission, more changes were made and on December 2, 1997 new Land Use Tables replaced the old with the newly added option of "N" for "not permitted." This is when RR1 shifted from the first column in your handout, to the second column. e December 11. 1997 Chumley submitted an application for CUP to allow a "retail/wholesale business or business /consumer services" on Lot 6 7 of his subdivision. Ultimately the CUP was not granted. e 1998 The code itself was modified to he compatible with the Land Use Tables and to conform with other sections of Title 14. e 2008 -2009 Attempt was made to first spot zone, then ultimately strip zone a section of RRl to LLC in the MAPS neighborhood. Ultimately this rezone was defeated by voters through a proposition at a great cost to the city not only monetarily, but also a vast expenditure of time, energy and resources. -138- 2. MAPS AND THE MAPS SPECIAL ZONING DISTRICT The MAPS neighbors and friends have a history of collaboratively working with the city. We have also had unfortunate periods when that hasn't been the case. Since in America, government's just powers are derived from the governed, we are hoping we can get back to that collaborative relationship. In my mind Prop A wasn't so much about winners and looser, because I think we all lost something in that process. 1 hope Prop A serves more as an opportunity for government to engage the governed in implementing improved zoning practices. Since our original meeting with the P &Z regarding the MAPS Special Zoning District in spring of 2009, we have met with the administration on 3 different occasions, had one on one discussions with commissioners who expressed concerns and met with the neighborhood on multiple occasions to brainstorm ways to arrive at a mutually agreeable process that accomplishes those goals we originally set out to accomplish through the special zone. Through working with the city staff we have brainstormed ways to advance the goals of the "special zoning district" using other means, They have made us aware that one option to serve as a fast step would be to revise the RIO 1 Land Use Table. 3. FROM THIS BACKGROUND WE COME FORWARD WITH THE FOLLOWING RECOMMENDATIONS: 1. Proactively shift the tables intentionally revising them to be more aligned strategically with the comprehensive plan which in some cases will mean being more restrictive. in so doing we will accomplish one of the platform purposes of planning defined in the Comprehensive Plan "create a stable, predictable setting for future investment." (KCP, Page 15) 2. Utilize the ongoing comprehensive planning process and a well publicized public hearing process to engage property owners in establishing desirable zoning parameters that will support, not inhibit growth. Trust can be built and where needed restored if the owners in the different zoning bands participate in the process to refine their own land use tables. 3. Utilize RRI as a guinea pig, the first zone to revamp. We are volunteering. o RR1 consists of only 2 neighborhoods so it is a manageable area to begin with. o RRI residents are already very engaged in the zoning processes and desire to work collaboratively with the city. o Together we can develop a workable process model that can be used in other zoning bands. o Kill 2 birds with one stone in allowing the MAPS community to achieve some of their goals originally outlined in the "special zoning district" through revising the current land use table. Additionally, to accomplish all the SZD goals, an overlay zone might also need to be explored. By way of next steps we request that you advise us how you would like to move forward. We understand there are 5 different approaches we could take to conduct this change. Initiation of this change could come through: 1)Counci,l, 2)P &Z, 3)Petition by majority of the property owners, 4)Petition of 50 registered voters or 5)through the Home Rule Charter of the City Of Kenai. We would like to pursue this change in collaboration with the Council and P &Z using the avenue you consider most appropriate. A critical component of the zoning practices within the city is the Conditional Use Permitting process. Mark will be addressing that next. -139- ACTIVE CONDITIONAL USE PERMITS AS OF 2 -14 -11 -140- 7/16/1975 7554 Extraction of Natural Resources 1/9/1985 8588 Bed Breakfast Active Conditional Use Permits 2817 Beaver Loop Rd 702 Lawton Dr. 6/12/1985 8422 Extraction of Natural 1001 Angler Dr. Resources 11/9/1988 8809 B &B /Guide Service 909 S. Ames Rd. 4/26/1989 8904 Bed Breakfast 2679 Bowpicker Ln. RR 5/24/1989 8905 RV Park 11535 Kenai Spur Hwy. CG 6/14/1995 9530 Extraction of Natural 2081 Beaver Loop Rd. RR `Rd Resources 4/24/1996 9627 Primary School 105 N. Gill St. CG L%1 6/12/1996 9642 Extraction of Natural 1857 Beaver Loop Rd. RR Resources 12/11/1996 9673 Greenhouse /Retail 4806 Strawberry Rd. RR 5/14/1997 9713 Retail Flower Sales 5220 Strawberry Rd. RR I 7/23/1997 9738 Extraction of Natural 805 Gravel St. RR Resources 9/9/1998 9843 Cabin Rentals Guide Service 1525 Angler Dr. 2/24/1999 9905 Cabin Rentals /Lodging /Boat 1125 Angler Dr. Parking 4/14/1999 9912 Welding Metal Forming 911 Ames Rd. Business Monday, February 14, 2011 -141- RR Cel RS2 RR RR RR RR RR Page 1 of 4 6/23/1999 9924 Greenhouse /Gift Coffee 202 N Forest Dr. Shop 7/11/2001 200130 Guide Service 1325 Angler Dr. 4/24/2002 200217 Extraction of Natural 3713 Beaver Loop Road Resources 6/12/2002 200228 Retail /Wholesale Business 9199 Kenai Spur Hwy. 6/12/2002 200229 Cabin Rentals Guide Service 1005 Angler Dr. RR 6/12/2002 200230 Cabin Rentals /Hotel /Guide 1545 Angler Dr. Service 10/9/2002 200260 Transitional Living Office 403 N. Gill St. 5/14/2003 200315 B &B /Guide Service 1555 Angler Dr 9/24/2003 200342 B &B /Lodge /Guide Service 1535 Angler Dr. 10/22/2003 200343 Hotel /Motel /Restaurant /Bar/ 2101 Bowpicker Ln. Vendors /Bakery /RV Park 12/10/2003 200349 Daycare Group Home 2730 VIP Dr. 10/13/2004 200441 Day Care Group Home 1511 Fathom Drive 1/12/2005 200503 Condos 2291 Bowpicker Ln 6/8/2005 200535 Extraction of Natural 2369 Beaver Loop Rd Resourcesw /Storage 6/8/2005 200534 Recreational Vehicle Park 810 Childs Ave. 12/14/2005 200564 Storage Yard 1755 Cone Ave. 4/12/2006 200626 Lodging and Guide Service 1035 Angler Dr Monday, February 14, 2011 -142- RS L' RR 1149 RR L RS RR RS RR RR r IH RR L' RS IH RR IH RR l RR Page 2 of 4 9/27/2006 200664 Cabin Rentals 1045 Angler Drive 10/11/2006 200665 Cabin Rentals 350 Ames Rd 10/25/2006 200671 Commercial Kitchen 601 Davidson St. 12/13/2006 200684 Hotel (Short-term 1230 Angler Drive Recreational Rentals) 12/13/2006 200685 Hotel, Guide Service Boat 1105 Angler Drive RR Parking 2/28/2007 200710 Daycare 1228 Lilac Lane RS 5/23/2007 200716 Residential Treatment Facility 320 5. Spruce St. 7/25/2007 200735 Amend CUP from B &B /Guide 1505 Angler Dr. RR Service to Lodge /Guide 12/12/2007 200762 Planned Unit Development 1001 Angler Dr. 3/26/2008 200814 Guide Service adding Lodging 1135 Angler Dr. RR 6/11/2008 200832 Lawn Care Hydoseeding 1902 1904 Alial< Dr. RS Business 9/10/2008 200849 Professional Office 211 Portlock St RS 10/22/2008 200853 Restaurant /Catering 510 Upland St. TSH 12/10/2008 200861 Coffee House 602 Petersen Way TSH 2/11/2009 200905 Vocational Center 2880 Beaver Loop Rd. RR 3/25/2009 200915 Assisted Living Facility 750 Baleen Ave., Suite 1 RR Senior Living 5/12/2010 201012 Professional Office 9520 Kenai Spur RR1 Highway Monday, February 14, 2011 -143- RR RR RS RR RS Ig Page 3 of 4 6/23/2010 201019 Modification to PZ09 -45 1115 Angler Dr. Private Family RV Park 7/28/2010 201023 Mobile Food Vendor 4300 Eagle Rock Dr. RR 10/13/2010 201042 Well Pad 1430 Bridge Access Rd II-1 10/13/2010 201041 Compressor Site 1377 Bridge Access Rd IN 7-1 10/27/2010 201043 Short term rentals 412 N. Forest Dr. RS C 1/26/2011 201101 Gas Manufacturing /Storage 700 Marathon. Rd. Split Monday, February 14, 2011 -144- RR Page 4 of 4 Monday, February 14, 2011 C onditional Use Permits in RR1 Zone 5/12/2010 201012 Professional Office H[ei Y d'_},rf `"Cb�w S r2 f ..w._ J,r4k�. u. 1. Phi? "�.a.e; .,rrs. —145— 9520 Kenai Spur Highway RR1 Page 1 of 1 Carol Freas From: Alan Poynor [alan.poynor @acsalaska.net] Sent: Sunday, April 03, 2011 6:25 PM To: Carol Freas Cc: Alan Poynor Subject: Ordinance 2546 -2011 Dear Ms Freas, Ordinance 2546 -2011 is being introduced at the 4/6/11 council meeting. I am writing in support of the Ordinance. I only recently learned that Planning and Zoning is able to approve almost any business being built and run in the MAPS and 3 W subdivisions since they are zoned as RR 1. It is my understanding that the original zoning for these subdivisions was more restrictive and was changed in a Planning and Zoning meeting to the less restrictive RR 1 based on a request from a party who wished to build. With all due respect to Planning and Zoning, the residents do not have the final say in what might be built in their neighborhood under the RR 1 zone. This ordinance would restore the zoning to the original intent and would define what could or could not be built in these family neighborhoods. Also passage of the ordinance would bring the zoning in line with current covenants. I support development in commercially zoned areas. I do not want to see the quiet neighborhood where I currently live become developed for commercial reasons. Thank you for including my comments in the packet for Wednesdays meeting. Cordially, Georgia Poynor 4560 Wolfe St Kenai, Ak 99611 907 283 8166 Carol Freas From: Gloria Wik [gwik @alaska.net] Sent: Tuesday, April 05, 2011 7:31 AM To: Mayor Porter; mboyle @alaska.com; bob @molloyforcouncil.com; cpajoe @altrogco.com; ryan @marquisforkenai.com; terry @bookeyforkenai.com; briangabriel @acsalaska.net; Carol Freas Subject: Support for Ordinance 2546 -2011 I would like to state that I am in support of Ordinance 2546 -2011 and would appreciate your support for this RR1 zone revision. This ordinance would preserve the area that I live in and continue to be a stable and predictable residential place for me. Carol please place my comments in the record for the meeting on April 6, 2011. Gloria Wik 707 Magic Ave Kenai, AK 99611 1 Carol Freas From: Fahnholz, Norman E [fahnone @chevron.com] Sent: Tuesday, April 05, 2011 1:08 PM To: Carol Freas To: Carol Freas, Kenai City Clerk /Kenai City Council April 5, 2011 RE: Ordinance 2546 -2011 Dear Sirs: As a resident of 3 -W's Subdivision for the last 18 years, I am in support of the proposed Ordinance change. I feel this would preserve our residential neighborhood in the manner in which it was intended when originally developed and protect against incompatible land uses in the future. Due to my work schedule, I am unable to attend the meeting of April 6th. Please accept this as my support of the proposed changes. Sincerely, Norman Fahnholz 565 Wortham St Kenai AK 99611 (907) 283 -6440 Carol Freas From: fahnholz @pobox.alaska.net Sent: Tuesday, April 05, 2011 1:20 PM To: Carol Freas Subject: Ordinance 2546 -2011 To: Carol Freas, Kenai City Clerk /Kenai City Council Members RE: Ordinance 2546 -2011 April 5, 2011 To Whom It May Concern: Due to a conflict in schedules I regret I am unable to attend the City Council meeting set for April 6, 2011. I would like to inform you of my support of the proposed changes for the Land Use Table and the existing RR1 zoning in regards to how it would apply to 3W's Subdivision. I have been a resident of 3W's Subdivision for the last 18 years. It is a small enclosed subdivision. The original developers intentionally sought the RR1 zoning as well as put restrictive covenants in place. When we purchased our property in 1993 we were in support of these restrictions and have happily abided by them. I feel this has kept the area low density, and feel these proposed changes will continue to protect our area from incompatible land uses in the future, will support the intent of the original developers, and keep our residential character intact. Sincerely, Debby 3 Fahnholz 565 Wortham St Kenai AK 99611 (907) 283-6440 ehc ury of KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2547-2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT EQUIPMENT CAPITAL PROJECT FUNDS FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT, PHASE 1. WHEREAS, the Airport owns a 1994 966 Cat Loader and 1993 Cat Grader that are due for replacement; and, WHEREAS, new upgraded equipment will improve the Airport's capability to effectively address snow and ice conditions to ensure safe operations with dependable equipment; and WHEREAS, grant. funds are available and the City has been awarded a grant totaling $892,624 comprised of 95% FAA $847,993, 2.5% State of Alaska $22,315 and requiring a 2,5% local share of $22,316; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations Transfer to Airport Equipment Capital Project Fund 22,316 Airport Equipment Capital. Project Fund Increase Estimated Revenues: Federal Grant Revenue $847,993 Transfer from Airport Special Revenue Fund 22,316 State Grant Revenue 22.315 $892 624 Increase Appropriations Administration. 17,502 Machinery Equipment 875,122 $$92,61 2,624 New Text Underlined [DELETED TEXT BRACKETED! -146- 22,316 Ordinance No. 2547 -201 1 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011. A i1'EST: Carol L. Freas, City Cleric Approved by Finance: `g- New Text Underlined; DELETED TEXT BRACKETED) -147- PAT PORTER, MAYOR Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 Memo "Sen'C t&QreaterKenai: Penn ,da:' 305 N. WILLOW ST. SUITE 200 KENAI, AI ^.SKA. 99611 TEEPHONE 967,2837951 FAX 967. 2833737 To: Rick R. Koch City Manager From: Mary Bondurant Airport Manage' Date: March 22, 2011 Subject: FAA Grant Offer— "Snow Removal Equipment (SRE)" The FY11 Airport Capital Improvement Program identified the need to replace and upgrade snow removal equipment at the Kenai Airport. A federal grant application for 5892,624 was submitted to the FAA on January 31, 2011 for a new grader and loader. The City has now received the FAA's grant offer for $847,993 (95 The Airport and State of Alaska are each responsible for 2.5% of this project or $22,316 and $22,315 respectively. Purchase of a new grader and loader will only improve the Airport's capability to tackle snow and ice conditions with dependable equipment and ensure safe operations. Cc: Terry Eubank Finance Director Kevin Lyon Acting Public Works Director www.kenaiairport.com. -1 48- d, ctv KENAALASKA CITY OF KENAI ORDINANCE NO. 2548 -2011 Suggested by: Administratio AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT IMPROVEMENT CAPITAL PROJECT FUND TO CONDUCT A WILDLIFE HAZARD ASSESSMENT. WHEREAS, FAA regulations require that a wildlife hazard assessment he conducted at the Airport with the goal being to minimize wildlife hazards; and WHEREAS, the Airport last completed a wildlife hazard assessment in 2001; and, WHEREAS, the FAA and the USDA are recommending the Airport conduct a 12 month assessment to provide an overall picture of the present and future wildlife hazards and upgrade to the existing Wildlife Hazard Program with the goal being to minimize wildlife hazards at the Airport; and, WHEREAS, grant funds are available and the City has been awarded a grant totaling $124,249 comprised of 95% FAA $1.18,037, 2.5% State of Alaska $3,106 and requiring a 2.5% local share of $3,1.06; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Estimated Appropriations: Transfer to Capital Projects 3,106 Airport Improvements Capital Project Fund Increase Estimated Revenues: Federal Grant State Grant Transfer from Airport Fund Increase Appropriations Administration 11,295 Professional Services 112,954 $124 _49 New Text Underlined [DELETED TEXT BRACKETED) -149- 3,106 S 118,037 3,106 3,106 Ordinance No. 2548 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011 ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined; DELETED TEXT BRAD TED -150- PAT PORTER, MAYOR Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 Memo 1 To: Rick R. Koch City Manager twethe' Pevu.vt.6tactr 305 N WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907 -283 -7951 FAX 907 2833737 From: Mary Bondurant Airport Manager Date: March 22, 2011 Subject: FAA Grant Offer "Conduct a Wildlife Assessment" As a holder of a Part 139 Operating Certificate, issued under Title 14, Code of Federal Regulations, and a receiver of Federal grants, the Kenai Airport must use the standards and practices of AC 150/5200 -33B to manage wildlife /wildlife attractants on or near the Kenai Airport. During the January 2010 and 2011 certification inspections, FAA inspectors observed moose and other wildlife inside the airport fence. Due to this observation, the airport received a Letter of Correction recommending a full 12 month wildlife assessment and update to the Wildlife Management Plan. Airport and Fish and Game staff were unsuccessful numerous times in attempts to push moose off the airport; dense vegetation and tree cover make the airport property very attractive to wildlife. In 2001, a USDA wildlife biologist conducted a "mini" assessment ($7.000) in conjunction with the Homer Airport; meaning that the wildlife biologist was at the Kenai Airport only 1 -2 days a month with most of the expense absorbed by the Homer Airport. Due to the Letter of Correction and the potential threat to aviation safety, a grant application was submitted to the FAA for $124,249. The City has now received the FAA's grant offer for $118,037 (95 to conduct a full assessment, The Airport and State of Alaska are each responsible for 2.5% of this project or $3,106. This project will assess and provide guidance to address the potentially hazardous wildlife /wildlife attractants on the Kenai Airport and bring the airport into compliance with the wildlife hazard management requirements of Part 139, Cc: Terry Eubank Finance Director Kevin Lyon Acting Public Works Director www. k e n a i a i rpo rt. co m. -151- the uty of KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $945,000 IN THE WELLHOUSE 4 CAPITAL PROJECT FUNDS FOR A STATE OF ALASKA MUNICIPAL MATCHING GRANT FOR THE CONSTRUCTION OF A WATER TREATMENT FACILITY, DRILLING OF A NEW WATER PRODUCTION WELL, AND COMPLETION OF THE INTERTIE TO THE CITY'S WATER DISTRIBUTION SYSTEM. WHEREAS, the City has received a $945,000 Municipal Matching Grant from the State of Alaska for construction of a new water treatment facility, drilling of a new production well, and connecting the new facility to the City's water distribution system. The grant requires a 30% match ($405,000) that will be provided by a $288,000 State and Tribal Assistance Grant (STAG) from the United States Environmental Protection Agency and $117,000 in Water and Sewer funds; and, WHEREAS, the Wellhouse 4 Capital Project Fund has sufficient funds appropriated by prior Council action to satisfy the $117,000 local matching requirement; and, WHEREAS, construction of the treatment facility, increasing the reliable supply of water with a new production well, and intertie with the City's water distribution system is in the best interest of the utility's rate payers and the citizens of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Wellhouse 4 Capital Project Fund Increase Estimated Revenues: State Grant ATTEST: Increase Appropriations: Construction $945,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011. Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2549 -2011 -152- Suggested by: Administration PAT PORTER, MAYOR $945,000 Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 the clyo( KENALAA "Village with a Past, Cc with a Future" I �If� f 1992 -153- 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext, 236 FAX: (907) 283 -3014 MEMO 1\ DUYI TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 31, 2011 SUBJECT: Ordinances 2549 -2011, 2550 -2011, and 2551 -2011 In 2009 the City of Kenai received a $945,000 appropriation for "New Water Transmission Mains (Phase II), Wellhouse" through the Department of Environmental Conservation Municipal Matching Grant Program. In 2010 the City of Kenai also received two more appropriations one of $2,070100 for "New Water Transmission Mains (phase II), Wellhouse and one of $627,000 for "Water Treatment Plant Upgrades Phase 111 Both appropriations are through the Department of Environmental Conservation Municipal Matching Grant Program. All three of these grants have a 30% match requirement. Funds are available in the Water and Sewer fund to provide the required match. These grants will be used to fund construction of the new water treatment facility scheduled for construction to begin in May 2011. the ay of KENAi, ALASKA CITY OF KENAI ORDINANCE NO. 2550 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $407,374 IN THE WATER SEWER SPECIAL REVENUE FUND AND BY $2,477,374 IN THE WELLHOUSE 4 CAPITAL PROJECT FUNDS FOR A STATE OF ALASKA MUNICIPAL MATCHING GRANT FOR THE CONSTRUCTION OF A WATER TREATMENT FACILITY AND DRILLING OF A NEW WATER PRODUCTION WELL. WHEREAS, the City has received a $2,070,000 Municipal Matching Grant from the State of Alaska for construction of a new water treatment facility and drilling of a. new production well. The grant requires a 30% match ($887,143) that will be provided by Water and Sewer funds; and, WHEREAS, the Wellhouse 4 Capital Project Fund has $479,769 appropriated by prior Council action to apply to the local match requirement with the remaining 5407,374 being transferred from the Water and Sewer Special Revenue Fund; and, WHEREAS, sufficient funds, $407,374, exist in the Water Sewer and were identified in the City's recent Utility Rate Study as available for construction projects; and, WHEREAS, construction of the treatment facility and increasing the reliable supply of water with a new production well is in the best interest of the utility's rate payers and the citizens of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water Sewer Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Expenditures: Transfer to Well House 4 Capital Project Fund $407,374 Well House 4 Capital Project Fund Increase Estimated Revenues: State Grant $2,070,000 Transfer from Other Funds 407,374 Increase Appropriations: Construction $2,477,374 New Text Underlined (DELETED TEXT BRACKETED] -154- 407,374 Ordinance No. 2550 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined; [DELETED TEXT BRACKETED] -155- PAT PORTER, MAYOR Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011. Etie e# KENAI, ALASKA Village with a Past, Gc with a Future" Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 MEMO NDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 31, 2011 SUBJECT: Ordinances 2549 2011, 2550 -2011, and 2551 -2011 In 2009 the City of Kenai received a $945,000 appropriation for "New Water Transmission Mains (Phase II), Wellhouse" through the Department of Environmental Conservation Municipal Matching Grant Program. In 2010 the City of Kenai also received two more appropriations one of $2,070.100 for "New Water Transmission Mains (phase II), Wellhouse and one of $627,000 for "Water Treatment Plant Upgrades Phase III Both appropriations are through the Department of Environmental Conservation Municipal Matching Grant Program. All three of these grants have a 30% match requirement. Funds are available in the Water and Sewer fund to provide the required match. These grants will be used to fund construction of the new water treatment facility scheduled for construction to begin in May 2011. -156- 1992 the cay KE NAL ALASKA CITY OF KENAI ORDINANCE NO. 2551-2011 Bridge Access Water Sewer Capital Project Fund Increase Estimated Revenues: Appropriation of Fund Balance New Text Underlined• [DELETED TEXT BRACKETED] -157- Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $175,000 IN THE BRIDGE ACCESS WATER SEWER CAPITAL PROJECT FUND, $93,714 IN THE WATER SEWER SPECIAL REVENUE FUND, AND BY $895,714 IN THE WELLHOUSE 4 CAPITAL PROJECT FUNDS FOR A STATE OF ALASKA MUNICIPAL MATCHING GRANT FOR THE CONSTRUCTION OF A WATER TREATMENT FACILITY AND DRILLING OF A NEW WATER PRODUCTION WELL. WHEREAS, the City has received a $627,000 Municipal Matching Grant from the State of Alaska. for construction of a new water treatment facility and drilling of a new production well. The grant requires a 30% match ($268,714) that will be provided by Water and Sewer funds; and, WHEREAS, the Bridge Access Water Sewer Capital Project Fund was fronted $175,000 from the Water Sewer Special Revenue Fund for project start -up; and, WHEREAS, the Bridge Access Water Sewer Capital Project is near completion and the fronted $175,000 is no longer needed and is available for other projects; and, WHEREAS, sufficient funds, $93,714, exist in the Water Sewer and were identified in the City's recent Utility Rate Study as available for construction projects; and, WHEREAS, construction of the treatment facility and increasing the reliable supply of water with a new production well is in the hest interest of the utility's rate payers and the citizens of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: $175,000 Increase Expenditures: Transfer to Well House 4 Capital Project Fund $175,000 Ordinance No. 2551 -2011 Page 2 of 2 Water Sewer Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance Wellhouse 4 Capital Project Fund Increase Estimated Revenues: State Grant Transfer from Other Funds PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20 day of April, 2011. ATTEST: Increase Expenditures: Transfer to Wellhouse 4 Capital Project Fund $93,714 Increase Appropriations: Construction $895,714 Carol L. Freas, City Clerk Approved by Finance: -158- PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED[ $93,714 $627,000 268,714 Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 the ci of KENAI. ALASKA "K/faye with a Past, Ci with a Frcture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 III/ MEMO \DUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 31, 2011 SUBJECT: Ordinances 2549 -2011, 2550 -2011, and 2551 -2011 In 2009 the City of Kenai received a $945,000 appropriation for New Water Transmission Mains (Phase II), Wellhouse" through the Department of Environmental Conservation Municipal Matching Grant Program. In 2010 the City of Kenai also received two more appropriations one of $2,070.100 for "New Water Transmission Mains (phase II), Wellhouse"; and one of $627,000 for "Water Treatment Plant Upgrades Phase III Both appropriations are through the Department of Environmental Conservation Municipal Matching Grant Program. All three of these grants have a 30% match requirement. Funds are available in the Water and Sewer fund to provide the required match. These grants will be used to fund construction of the new water treatment facility scheduled for construction to begin in May 2011. -159- '997 e c/v f KRAL ALASKA CITY OF KENAI ORDINANCE NO. 2552 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $288,000 IN THE WELLHOUSE 4 CAPITAL PROJECT FUNDS FOR A U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) STATE AND TRIBAL ASSISTANCE GRANT (STAG) RECEIVED TO COMPLETE THE INTERTIE BETWEEN THE SOON -TO -BE CONSTRUCTED WATER TREATMENT FACILITY AND THE CITY'S WATER TRANSMISSION SYSTEM. WHEREAS, the City has received a 5288,000 STAG from the EPA to complete construction on the intertie between the City's recently installed redundant water main on Lawton Drive to the site of the future water treatment facility and well 4 of the City's water system; and, WHEREAS, the STAG can be used to satisfy matching requirements of the State's Municipal Matching Grant Program and will be combined with $650,000 of Municipal Matching Grant Funds and $174,587 of local funds for a total project budget of $1,112,587; and, WHEREAS, the local match and Municipal Matching Grant funds will be appropriated via separate ordinance; and, WHEREAS, construction of redundant water transmission main into the City's water distribution system is in the best interest of the utility's rate payers and the citizens of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Wellhouse 4 Capital Project Fund Increase Estimated Revenues: Federal Grant Increase Appropriations: Construction $288,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -160- PAT PORTER, MAYOR $288,000 Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 theufrof KENAI. ALASKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 30, 2011 SUBJECT: Ordinance 2552- 2011 Village with a Past, Ct y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 e.ii Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 tl I 199] MEMO' \DUM -161- In 2008 the City of Kenai received a $288,000 appropriation for "Water Treatment Project" through the Special Appropriations Act Projects (SAAP) identified in the STAG (State and Tribal Assistance Grants) account as administered by the EPA. This grant required a post notification, pre application process including a NEPA review. This process has been completed and all conditions have been met so the Grant Is now available for use in the Lawton Drive Beaver Loop Water Main Extension Project 2011 that will complete the secondary loop of the water main and connect the new Water Treatment Facility. These funds are available to offset part of the City's portion of the Municipal Matching Grant Program. the cit of KENAI, ALASKA MEMO: TO: FROM: DATE: SUBJECT: City Council Rick Koch, City Manager March 30, 2011 Tillage with a Past, Citt with a Future" —162— 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us Discussion Item Lot 2, Block 1, Gusty Subdivision, Request to Purchase from Ma Pa Alaska Treasures, Inc. The purpose of this correspondence is to discuss a request from Ma Pa Alaskan Treasures, Inc. to purchase the above referenced property it currently leases from the Kenai Municipal Airport. On April 7, 2010, I came before you in an Executive Session to discuss matters related to Ma Pa Alaska Treasures, Inc., the current lessee for the above referenced property. The Direction given to the City Attorney and myself by Council was to follow City Code with regard to Ma Pa Alaskan Treasures. Since that time, new information has been received by Administration, including the following: f The above property was originally thought to be located within the Runway Protection Zone (RPZ). The City has since received clarification from Wince Corthell- Bryson (Exhibit A) on the locations of the existing and ultimate RPZ and determined that this property is located outside of the RPZ and ultimate RPZ. The Federal Aviation Administration (FAA) reviewed the August 20, 1970 Deed of Release related to the property. The Deed allowed for the sale of the property, subject to certain restrictions. On March 2, 2011, the FAA informed the City that it has no opposition to the sale of the property. 11591 Discussion Item Lot 2. Block 1, Gusty Subdivision, Request to Purchase from Ma Pa Alaska Treasures, Inc. March 30, 2011 Page 2 of 2 Administration discussed the request to purchase with the Airport Commission at its February 10, 2011 meeting. A motion in support of the sale was passed unanimously. The Commissioner comments included a belief that the sale would not be detrimental to the future expansion of the Airport and recommendations of height and noise restrictions as well as aviation easements. Administration requested this item be scheduled for discussion since it is my intent to recommend moving forward with the sale of the property to the Lessee, subject to certain restrictions contained in the Deed of Release and recommended by the Airport Commission. Attachments cc: Ma Pa Alaskan Treasures, Inc. -163- EXHIBIT A -164- the ay al RENAL SKA MEMO: V2lla e with a Past, ci ty with a Futare" 210 Fidaigo Avenue; Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager* DATE: March 29, 2010 SUBJECT: Lot 2, Block 1, Gusty Subdivision Ma Pa Alaskan Treasures, Inc. Lease The purpose of this correspondence is to provide the requested timeline and comprehensive background in regard to the terminated land sale application made by the Lessee for the above referenced property, specifically with regard to Code changes affecting the Lessee's ability to purchase. 12/01/1963 Quitclaim Deed from FAA to the City of Kenai for certain properties of which the subject property is included. 06/27/1966 Ordinance No. 99 creates the "Airport Land System" and addresses the lease and sale of lands of such Airport Land System. The rights of lessees and /or rules and regulations governing the administration of City -owned lands are not addressed. 03/18/1970 Resolution 70 -5 dedicates the proceeds from sale or lease of [described] lands for Kenai Airport purposes. The subject property is included within the property description in the resolution. 08/20/1970 Deed of Release from FAA releases the property from the conditions, reservations and restrictions contained in the Quitclaim Deed with the following covenants: "(1) to use the revenues received from the sale or lease exclusively for the development, improvement, operation of the Kenai Airport; (2) to restrict the height of structures, objects of natural growth and other obstacles on the hereinafter described real property to a height of not more than 242 feet above mean sea level; (3) to prevent any use of the real property ...which would interfere with the landing or taking off of -166- rip !992 aircraft at the Kenai Municipal Airport or otherwise constitute an airport hazard." 08/20/1970 The City enters into a lease with James Adkins and Edward Ferguson for the referenced property and two additional lots which are assigned separately at a later date. The term of the lease is for 55 years, commencing 08/20/1970 and expiring 06/30/2025. The lease does not grant the Lessee the right to purchase. 06/06/1971 Property described as West of Lot 2 Block 1 assigned to Ray Cason under the terms of the Lease 04/02/1975 Ordinance No. 258 -75 defines the rules and regulations governing the administration of City -owned Lands. Section 5 states "the filing of an application for a lease shall give the applicant no right to a lease or to the use of the land applied for." Section 9 states "The term of any given lease shall depend upon the durability of the proposed use, the amount of the investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment." Section 38 states "All leases or sales of property shall be made subject to restrictions and reservations in the patent, deed or other instrument under which the City holds." 11/06/1976 Ordinance No. 312 -76 establishes procedures for the sale of City -owned lands, adding Chapter 20, Lands, a new Article IV, which reads in part as follows: Section 1: "...Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are no longer required for municipal purposes." Section 3: "...Public sale shall be by auction or competitive bid." Section 4: "The parcels of and to be sold shall be reviewed by the Planning Commissio•which shalt make recommendations concerning desirable uses of the property, including projected need, if any, of the land for present or future recreational or other public use." Section 5: "Notice of sale shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than thirty days prior to the date of sale." 09/22/1977 Property described as East of Lot 2 Block 1 assigned to Ray Cason under the terms of the Lease. 01/24/1978 Assignment for Security Purposes to Alaska Statebank for West of Lot 2 07/07/1978 Ordinance 400 -78 establishes policies and procedures relative to the lease of City Airport Lands. -167- Section 1: Ordinance 258 -75 repealed in its entirety and chapters 5 and 10 reenacted into the City -owned Lands title of the Kenai Code. Chapter 5, 21.05.040 states, "The filing of an application for a lease shall give the applicant no right to a lease or to the use of the land applied for." Chapter 10, 21.10.260 states, "All leases or sales or property shall be made subject to restrictions and reservations in the patent, deed or other instrument under which the City holds." 07/27/1978 Assignment for Security purposes to Alaska Statebank for West Y of Lot 2 09/02/1978 Ordinance 424 -78 amends Ordinance 400 -78 to include provisions regarding termination required to be included in all Airport Land Leases 09/21/1978 Ordinance 435 -78 amends Ordinance 400 -78 to include an amendment to the five -year redetermination, and a section regarding Rights Prior to Leasing to read, in part, as follows: "The filing of an application for a lease shall give the applicant no right to lease or to the use of the and applied for..." 11/04/1978 Ordinance 434 -78 amends Ordinance 400 -78, section regarding five year redetermination 02/17/1979 Ordinance 456 -78 amends Ordinance 312 -76 to provide for written notice to former owners of particular parcels retained for public purpose and adding a new section 9 to Ordinance 312 -76 pertaining to City -owned property deeded to the City by virtue of tax foreclosure. 08/13/1980 Deed of Trust to State of Alaska, Division of Loans and First National Bank of Anchorage for Lot 2, Block 1. 02/07/1981 Ordinance No. 612 -80 repeals KMC 22.05.060 and amends KMC 21, KMC 22.5 and KMC 7.3 to provide for the sale of City Lands (not devoted to airport uses). The re- enacted section 3 (a) reads, "All lands, except tax foreclosed lands, to which the City of Kenai holds title which are not restricted from sale by the Deed of Conveyance to the City or which have been released from such restrictions, which the City Council has determined are not required for a public purpose shall be listed for sale by the City Manager, except that lands which have been leased and have substantial improvements constructed thereon shall not be sold unless the Lessee has made a written request to the City to place the and for sale." 11/07/1981 Ordinance No. 711 -81 allows sale of leased lands to lessees under a contract sale to expedite and facilitate the sale of City lands to a lessee, however, it does not give existing lessees a specific right to purchase or preference right. 01/02/1982 Ordinance No. 684 -81 limits application of 21.10.130 (b), KMC 21.10.130(c) and KMC 21.10.130(d) to leases of land on the airport and restricted to aeronautical related uses. This ordinance relates to the 50% cap and acknowledges the City's obligation to provide the Airport Fund with sums which the 50% cap causes the Airport Fund to lose. -168- 10/17/1983 Notice of Default and Sale, noticing that Ray Cason has breached the obligation secured by the Deed of Trust for property described as Lot 2, Block 1 due to failure to pay according to the terms of said obligation. 02/04/1984 Ordinance No. 910 -83 amends Title 22 by changing procedures relative to the sale of City Lands. Previously, KMC 22.05.030(a) (Ordinance 612 -80) specified that only the lessee of land with substantial improvements constructed thereon may initiate the sale of said land. Ord. No. 910 -83 states, "Administration believes that this protection should be provided to all lessees." A Memo dated 12/12/1983 from the Finance Director, Charles Brown, states, "[KMC 22.05.040(c)] says that in order to negotiate a sale of land, the land must be not leased and upon which substantial improvements have been made.' Everybody in the City Administration who was here at the time this section was written remembers the City Council instructing the City Attorney to make it possible for a lessee with a building on his lot to buy the land by negotiated sale, The Ordinance that was adopted really did the opposite." Ordinance No. 910 -83 repealed and re- enacted this section, 04/21/1984 Ordinance No. 917 -84 amends KMC 21.10.060 and 040 to give preference to purchase application over lease applications under specified conditions, as follows, "If an application for the purchase of City -owned lands, previously authorized for sale by the Council, is received by the City prior to the P &Z Commission making an affirmative or negative recommendation to the Council regarding the lease application for the same property, said property shall be offered for sale in accordance with the provisions of the Code." 06/16/1984 Ordinance No. 932 -84 amends KMC 21.10.060 and adds a new section, KMC 21.10.140 relating to the effective period for a lease application, reducing it from 6 months to 45 days of approval and requiring the execution of the lease agreement within 14 days of mailing. 12/21/1984 Ordinance No. 994 -84 revises KMC 22.05, to establish requirements governing the sale closing procedures of City lands, 02/04/1988 Notice of Default, Deed of Trust Foreclosure provides notice of public auction to be held 05/10/1988 06/13/1988 Deed of Trust between Thomas Wagoner and Dorothy Wagoner for described leasehold interest, 06/14/1990 Amendment to Lease references assignment to Thomas H. Wagoner and Dorothy C. Wagoner for referenced property and reflects lease rate renegotiation. 01/01/1993 Ordinance No. 1575 -93 clarifies the Lessees' right to negotiate the sale of their leased land, at not less than the fair market value, after making substantial developments. The Ordinance states, in part, "It is the desire of the Kenai City Council that leased and may be sold to a lessee for fair market value only after, to the satisfaction of the City Manager, development has been completed as detailed in the development schedule which has been incorporated into the lease agreement.KMC 22,05,040(c) was amended to read as follows: -169- if the tract of land (airport or otherwise) proposed to be sold is leased land [WHERE THE LEASE SETS FORTH A DEVELOPMENT SCHEDULE], the lessee may, at his request, negotiate the sale of said land at not less than the fair market value. The current lessee obtains this right to negotiate a sale only after, [HE HAS LEASED THE LAND FOR THE TWO -YEAR PERIOD IMMEDIATELY PRECEDING THE SALE OR THE LESSEE HAS] to the satisfaction of the City Manager, [COMPLETED] development has been completed as detailed in the development schedule which has been incorporated into the lease agreement [(THIS CONDITION APPLIES TO AIRPORT LANDS LEASED AFTER JUNE 1, 1986)], if there is no development schedule. the lessee may purchase the property if there has been substantial improvements as determined by the City Manager," 01/28/1994 Security Assignment of Lease to First National Bank of Anchorage for Lot 2, Block 1 10/20/2000 Ordinance No. 1 878 -2000 amends various parts of title 21 and Title 22 for the purpose of updating. 01/18/2006 Assignment of Lease to Ma Pa Alaskan Treasures. Inc. from Thomas Wagoner. 09/16/2006 Ordinance No. 2180 -2006 repeals existing land policies and provisions as a result of the City's undertaking of a Supplemental Airport Master Plan process in which a comprehensive review of City policies regarding the use, lease and sale of airport lands was completed. Numerous public hearings were held during the process, including City Council, Airport Commission, Planning and Zoning and the Kenai Economic Development Strategies group to increase public comment and participation. The Ordinance states, in part, "it is in the best interest of the City to create an Airport Reserve and modernize the leasing provisions regarding Airport Reserve land to prohibit land sales within the reserve." 05/04/2007 Ordinance No. 2219 -2007 amends KMC 21.15.190 by adding a new section allowing a lease applicant to request a contractual right to purchase the leased property at not less than fair market value within twelve months after completion of the developments as detailed in the Lease's development schedule. 12/03/2008 Email from Kim Howard, Assistant to the City Manager, to Rick Koch, City Manager and Cary Graves, City Attorney, indicating lessee would like to pursue purchasing leased lot. The email reads that lessee was told to "put his intention in writing along with $2,000 good faith deposit...I told the lessee that the sale would be based on fair market value from a new appraisal from the deposit." 02/23/2009 Land Sale Checklist has following notation for "Ordinance stating property is not required for public purpose: N/A Code prior to 2006 Amendment allowing sale applies" 02/23/2009 Letter from Ma Pa Alaskan Treasures, Inc. reads, "After our conversation with Kim at City of Kenai, we would like to put in our request to purchase..." The -170- request to purchase includes an enclosed $2,000 check for appraisal on the property. 03/20/2009 City orders appraisal in the amount of $850 from Derry Associates 08/13/2009 Meeting with Mary Bondurant, Airport Manager; Marilyn Kebschull, City Planner; Christine Cunningham, Assistant to City Manager; Cary Graves, City Attorney and Rick Koch, City Manager. A determination was made that, for a lessee to purchase property within the Airport Reserve, the right to purchase had to be contained in the lease. That the lease was entered into prior to the 2006 code chance, did not allow for the property to be sold. The City Attorney suggested writing a letter and City Manager authorized refunding the $2,000 good faith deposit. 08/14/2009 Memo from Christine Cunningham, Assistant to City Manager to City Manager, Airport Manager and City Attorney providing background information and states, in part, "Ordinance 2180 -2006 prohibits land sales within the Airport Reserve, although not intending to alter or amend existing leases during their original terms. Although the Lease_ was entered into prior to the 2006 Code Revision, the lease does not grant the lessee the right to purchase." 08/20/2009 Letter to Ma Pa Alaskan Treasures, Inc. informing Lessee that property is not available for sale under the City's code and enclosing a check in the amount of $2,000, representing the full amount of the deposit received toward purchase. 10/09/2009 Facsimile Transmittal Letter from Reeves Amodio, LLC. written on behalf of the Lessee reiterating their request to purchase the lot they lease from the City and notifying the City of legal principles that demonstrate that the assertion the land is not available for sale is incorrect. The letter states, in part, "[Ms.] Howard informed the Lovealls that, if they bought Senator Wagoner's interest, they could purchase the lot any time prior to the expiration for the lease in 2025. In reliance on this representation from the City, the Lovealls consummated the deal." The letter also states, "...the lease itself states that the City must give the Lovealls 10 days advance notice of any changes to the rules or regulations governing the property," and asserts, "Since the City did not provide the Lovealls with the required notice, the amendment to the Code in September 2006 is not applicable to the Lovealls." The letter states that the "doctrines of estoppels and quasi estoppel operate to bar the City from refusing the Lovealls request to purchase the property," and further, that, "the City likely waived its right to object to the purchase after it accepted and cashed the Lovealls good faith deposit." 10/12/2009 Memo from Assistant to City Manager to City Manager and City Attorney providing requested background information regarding the terminated and sale application. Memo included the original lease and correspondence regarding the land sale as attachments. 12/12/2009 Letter from Krista Stearns, City Attorney to Tom Amodio in response to 10/09/09 letter states, in part, "The City is not persuaded that it has any legal or other obligation to sell the [property] to Ma Pa Treasures. Neither the lease, nor any course of dealing between the City and Ma Pa Treasures creates any obligation of the City to sell and that, by ordinance, it is prohibited from selling." -171- The letter provides a detailed analysis of the City's position, and states, "[The] lease does not provide any right of a lessee to purchase the leased premises," and states, "the City also disagrees with the analysis regarding estoppels, quai- estoppel, lack of notice, and waiver." It later states, "An unsolicited application to purchase property gives the would -be purchaser no particular rights..." and addresses the allegedly inconsistent positions taken by the City, "include a statement by an employee that Ma Pa Treasures could submit an application to purchase City -owned property and next, the denial of that application based upon City Laws. Neither act is inconsistent with the other." The letter also addresses the argument that Ma Pa Treasures did not have notice of the ordinances, stating, "...the 10 -day notice requirement in sub paragraph 27(a) of the lease does not apply to changes in Ordinances... The lease distinguishes between adoption of 'rules and regulations' and laws, ordinances, or orders of any governmental authority.'" After reviewing the above referenced documents, it appears that the initial acceptance of the Lessee's Application package was based on an interpretation of the City's code to allow for the sale of property if the lease was executed prior to the 2006 Code change. Since the lease does not grant the lessee the specific right to purchase, and the Code did not address land sales at the time the lease was entered into (1970), neither the lease nor the Code granted the lessee any right to purchase. The code defining the rules and regulations for the administration of City -owned lands was adopted in 1975, and does not specifically address land sales. However, as the City developed its land leasing program, procedures were established for the sale of City -owned lands, and in the 1980's several Ordinances addressed the issue of "substantial improvements" on City lands, and addressed the rights of the lessee to initiate sale. In a 1983 Memo from Finance Director, Charles Brown, he states that, "Everybody in the City Administration who was here at the time this section was written remembers the City Council instructing the City Attorney to make it possible for a lessee with a building on his lot to buy the and by negotiated sale." Although the Ordinance accompanying this memo does not have as strong of language regarding the rights of the lessee, it does indicate the intent of the Ordinance. Lessees were able to purchase their leasehold property at the time the lease was assigned to Thomas Wagoner in February 1988. When the lease was subsequently assigned to Ma Pa Alaska Charters in January 2006, the substantial Code changes made that same year were not yet in effect, however the Supplemental Planning Assessment, of which the Code changes were a result, had been in the public process since April, 2004. Krista Stearns, City Attorney -172- Mayor and Council Members TO: FROM: Carol L. Freas, City Clerk DATE: March 29, 2011 "W/faye with a Past, Gity with a Epttitire" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM RE: SCHEDULING OF ADDITIONAL BUDGET WORK SESSIONS Because there may be a need for additional budget work sessions it is my recommendation additional dates be identified. Advertisements are easily cancelled, but more difficult when needing a. three -day lead time. I have attached calendars for April and May. The budget work session previously scheduled is Tuesday, April 19, 2011, 6:00 p.m. Suggested dates that do not interfere with other regularly scheduled meetings or the Finance Director's absence are: clf Friday, April 22, 2011 Monday, April 25, 2011 Tuesday, April 26, 2011 Thursday, April 28, 2011 Friday, April 29, 2011 Monday, May 2, 2011 Thursday, May 5, 2011 Does Council wish to schedule additional budget work session? If so what dates and what time? -173- -174- April 2011 MEETING LED LL Sunday I Monday I Tuesday I Wednesday I Thursday Friday Saturday 1 2 Mar2011 May 2011 M T W 7 F S S M T W T F S 1 1 2 3 4 5 1 2 3 4 5 6 6 7 6 7 e d 10 11 12 8 9 iD 1* 12 13 12 13 16 16 16 17 18 19 15 16 17 18 19 20 21 20. 21 22 23 24 20 26 22 23 24 25 28 27 25 27 28 20 30 31 29 30 31 !i 3 4 5 6 7 8 9 Library/ CITY Parks CoI�gn4ssio COUNCIL Recreation 7 (�/C ou v ham MEETING, 7p, Council Commission, 7p, Council Chambers Chambers I II 10 11 12 13 14 15 16 Harbor Beautification PLANNING Airport Commission, Committee, ZONING Commission, Il 7p, Council 7p, Council COMMISSION, 7p Council Chambers Chambers 7p, Council Chambers Chambers Council on Aging, 4:30p, Senior Center EAcutGf 17 18 20 21 22 fi 23 ur v c/ A j r 7 CITY COUNCIL Cant e P1. ma ti MEETING, MEETING, 7p, Council Chambers �4rd�a^ ,C,U4'..amorrtflITT C. Pia414444,1 :pfd `gy i 24 25 26 27 28 29 30 PLANNING ZONING COMMISSION, 7p, Council Chambers tai A -174- -175- May 2011 MEETING CALENDAR Sunday 1 Monday Tuesday Wednesday Thursday Friday Saturday I 1 2 3 Library 4, CITY to 6 7 Commission, COUNCIL 7p, Council MEETING, Chambers Council Chambers 8 9 10 11 12 13 14 Harbor Beautification PLANNING Airport Commission, Committee, ZONING Commission, 7p, Council 7p1 Cla1M COMMISSION, 7p, Council Chambers 1 fits'' "ow 7p, Council Chambers q t Chambers ,y ip' le al!d%' l 44 al Council on Aging, 4:30p, Senior Center 47 /1 atAk 15 16 17 18 19 20 21 CITY COUNCIL. MEETING, 7p, Council Chambers 131.4 oila^ 22 23 24 25 26 27 28 PLANNING ZONING COMMISSION, 7p, Council Chambers F GUni 1 29 30 31 Apr2011 Jan 2011 HOLIDAY/Sin OFFICE 5 34 T v6' T F S S 31 T V8 T F 9 CLOS 1 2 f 2 3 4 3 4 d 6 7 8 9 5 5 7 8 9 10 it 10 11 12 13 14 15 18 12 13 14 15 16 17 18 17 18 18 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 -175- 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Exensrd Ab 2. *APPROVAL OF MINLTES: a. *March 9, 2011 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning CITY OF KENAI PLANNING ZONING COMIVIISSION AGENDA CITY COUNCIL CHAMBERS March 23, 2011 7:00 p.m. 6 to 7:00 p.m. Work Session Outdoor Wood Burning Boilers PENDING APPROVAL *.Al] items listed with an asterisk are considered to be routine and non controversial by the Commission and will he approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ11 -07 D.E. Oehler Subdivision No. 3 30 -foot Right -of -Way Vacation. A resubdivision of D.E. Oehler Subdivision No. 2 Lot 1 KN92 -86 Edgington Subdivision No. 1 Lots 3, 5 -8 K974 the associated Vacation of Eadies Way 30' ROW). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. -176- Agend March 23. 2011 c. Administration. 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. 2010 Gravel Report 12. NEXT MEETING ATTENDANCE NOTIFICATION: April 13, 2011 13. COMMISSION COMMENTS QUESTION'S: 14. ADJOURNMENT: -177- Page 2 MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. MOTION: Commissioner Romain MOVED to approve the agenda as presented and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 1 -d. MOTION: Agenda Approval Consent Agenda Commissioner Romain MOVED to approve the consent agenda and Commissioner Navarre SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by consent agenda. CITY OF KENAI PLANNING as ZONING COMMISSION MARCH 23, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING S. Romain, H. Knackstedt, K. Koester, K. Rogers, T. Navarre, J. Twait P. Bryson Administrative Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in -178- Bryson ABSENT Romain YES Knackstedt YES Koester YES Rogers YES Navarre YES Twait YES 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 2: *APPROVAL OF MINUTES March 9, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ1 1-07 D.E. Oehler Subdivision No. 3 30 -foot Right -of -Way Vacation. A resubdivision of D.E. Oehler Subdivision No. 2 Lot I KN92- 86 as Edgington Subdivision No. 1 Lots 3, 5 -8 K974 the associated Vacation of Eadies Way 30' ROW). Mat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Romain MOVED to approve PZ11 -07 with the addition of the owner's name to the plat and Commissioner Rogers SECONDED the motion. Administrative Assistant Carver reviewed the staff report included in the packet and recommended approval. Twait read the rules of public hearing and opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Commissioner comments. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: ITEM 6: ITEM 7: ITEM 8: PUBLIC HEARINGS None UNFINISHED BUSINESS None NEW BUSINESS None PENDING ITEMS None PLANNING AND ZONING COMMISSION MEETING MARCH 23, 2011 PAGE 2 -179- ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the action agenda of the March 16, 2011 City Council meeting which was included in the packet and noted the noise mitigation plan for Twin Cities Raceway; the update on the beekeeping ordinance; and, the May 10, 2011 work session regarding boards, commissions, and committees. 9 -b. Borough Planning None 9 -•c. Administration Carver noted the information regarding Comprehensive Plan meeting had been mailed. ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS 11 -a. 2010 Gravel Report ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. April 13, 2011 Commissioner Navarre requested excused absences for the April 13 and 27, 2011 meetings. ITEM 13: ITEM 14: MOTION: COMMISSION COMMENTS QUESTIONS None ADJOURNMENT Commissioner Navarre MOVED to adjourn and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:17 p.m. Minutes prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MARCH 23, 2011 PAGE 3 -180- Carol Freas To: Subject: Assembly Report: April 5, 2011 Hal Smalley Hal Smalley RE: Assembly report 4 -05 -11 From: Hal Smalley <hvsmalley @yahoo.com> To: hvsmalley©yahoo.com Sent: Wed, April 6, 2011 10:07:27 AM Subject: Assembly report 4 -05 -11 The Assembly met at 10:30 AM in a budget work session with Mayor Carey and Craig Chapman-KPB Finance Director to review the administration's concerns and views on the upcoming budget document and for the Assembly to make recommendations to the Mayor regarding what we might like to have included in the budget when it is presented to the Assembly on May 3 Revenues are down and expenditures are up. To balance this year's budget cuts may have to be; using one or both fund balance dollars may be necessary GF Fund Balance or Land Trust Fund monies establishing user fees; applying for grants; adjusting the mil rate; looking at a bond issue to deal with the solid waste issue in Homer; increasing the sales tax cap from $500 established in 1965 to $2500; and removing the sales tax holiday on non- prepared foods. These are some of the issues discussed that could be implemented to bring a balance to this budget. It may include some or all of these issues. The removal of the sales tax holiday will be on the fall ballot and if passed, won't become effective until Jan. 1, 2012. Increasing the Sales Tax Cap would also not be implemented until Jan. 1, 2012. These two measures could represent an increase for half a year of $4.65 million in revenue. A discussion took place encouraging the Mayor to consider funding the Non- Departmental agencies at the level of last year's funding 2 Ed, KPTMC,EDD, SBDC,CARTS, Lobby). I supported status quo funding levels of these organizations as they leverage these funds with other state, federal and private funding programs for the operation of their programs. i also requested that Mayor Carey include the funding for all Borough Senior programs specifically mentioning the Meals on Wheels programs. The Mayor indicated that he would be including them in his budget proposal with possible increasing in funding levels. Mayor Carey will complete his budget document within the next 10 days, submit it for printing for distribution at our May 3, 2011 Assembly meeting. The Finance, Lands, Policies and Procedures, Legislative Committees and the Committee as a Whole met beginning at 1:00 to discuss the Ordinances for public hearing and action, Resolutions on the Consent agenda and Ordinances up for introduction and first reading. The Committee as a Whole met and went into an executive session to discuss the contractual agreement between the borough and the Central Peninsula General Hospital INC Board. Items of interest and potential impact to the City of Kenai under Ordinances for Public Hearing were: A. Ordinance 2011 -03- ending the borough code to repeal the seasonal exemption from sales taxes of non prepared foods items. This ordinance was amended to place this issue on the October 2011 ballot. Much discussion took place. The amendments passed and the overall ordinance as amended passed. Some felt that this was a decision that should me made by the Assembly. Some felt that it was initially brought about by the voters and should be sent back to the voters for reconsideration. The result of the sales tax exemption on non- prepared foods has yielded a $2.8 million reduction in borough funding dollars to support public education this next year. B. Ordinance 2011 -05 adopting envision Soldotna 2030 as the Official Comprehensive Plan was heard and passed. There were a total of 12 Resolutions on the consent agenda for approval. Two were removed for discussion and a vote and the third was removed by the maker and deleted from the agenda. A copy of the Action Agenda will be attached and if you have any questions, please contact me concerning these items. There were seven Ordinances for introduction and action at future meetings. Of interest are: A. Ordinance 2010-19-39- relating to the expenditure of $750,000 form the CPGH Plant Replacement and Expansion Fund for renovations of the Mundell Building for use by the hospital. hearing set for 4- 19 -11 B. Ordinance 2011 -06- Increasing the Sales Tax Cap from $500.00 established in 1965 to $2500.00. (Set for hearing 5 -03 -11 If passed, implementation date effective Jan. 1, 2012. This measure would provide approximately $6.5 million in additional sales tax revenues per year. C. Ordinance 2011 -07- reducing the number of members on the Kenai Peninsula Borough Planning Commission from 13 members to 11 members combining some of the geographical areas. This was introduced as a future cost savings measure for future budgets. Set for public hearing on 5 -03 -11 The next Assembly meeting will be April 19 in Seward at the City Hall Chambers. Should there be questions or need of further discussion of any items from this report, please do not hesitate to contact me. Thank you for your service to our community. Hal Smalley 907 -283 -7469 hm 907 953 -1222 cell hvsmalley @yahoo.com 2 Kenai Peninsula Borough April 5, 2011 7:00 PM Gary Knopp Assembly President Seat 1 Kalifornskv Term Expires 2012 Charlie Pierce Assembly Vice President Seat 5- Sterling /Funny River Term Expires 2011 Mako Haggerty Assembly Member Seat 9 South Peninsula Term Expires 2012 Brent Johnson Assembly Member Seat 7- Central Term Expires 2013 Sue McClure Assembly Member Seat 6- East Peninsula Term Expires 2012 Linda Murphy As.sembly Member Seat 4 Soldotna Tenn Expires 2013 Hal Smalley Assembly Member Seat 2 Kenai Term Expires 2011 Bill Smith Assembly Member Seat 8 Homer Tenn Expires 2011 Ray Tauriainen Assembly Member Seat 3 Nikiski Term Expires 2013 A. B. C. D. E. F. G. H. 1. Assembly Action Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE IiNVOCATION ROLL CALL COMMITTEE REPORTS Regular Meeting Borough Assembly Chambers, Soldotna, Alaska APPROVED Smalley moved to authorize Assembly President Gary Knopp to travel to Juneau, Alaska, April 6 8, 2011, in order to meet with state officials and members of the legislature on behalf of the borough. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk are considered to be routine and non controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) APPROVAL OF MINUTES L March 1, 2011 Regular Assembly Meeting Minutes COMMENDING RESOLUTIONS AND PROCLAMATIONS A Resolution Commending Kenai Peninsula Borough Clerk Johni Blankenship for the Achievement of Master Municipal Clerk (Assembly, Mayor) PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) "Classroom Without Walls Kenai Peninsula Borough School District Core Teachers: Greg Zorbas, Kenai Central High School; Rob Sparks, Skyview High School; Gregory Weissenberg, Soldotna High School (10 minutes) April 5, 2011 Page 1 of 6 J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) K. MAYOR'S REPORT 1. Assembly Requests /Responses None 2. Agreements and Contracts 3. Other Authorization to Award Contract for Homer Transfer Facility Professional Design Services to Nelson Engineering b. Authorization to Award Contract for Port Graham Alutiiq Landfill Feasibility Study Professional Services to SLR International Corporation c. Authorization to Award Contract for Professional Design Services for Willow Brook Subdivision Road Improvement Project to Schmueser-Gordon-Meyer d. Authorization to Award Contract for the Bridge Creek Watershed Fuel Reduction Project a. Letter from James Greeley, State Petroleum Assessor, regarding assessed values of oil and gas properties located in the Kenai Peninsula Borough b. Certification of the 2010 Real Property Supplemental Roll c. Revenue Expenditure Report February, 2011 d. Budget Revisions February, 2011 e. Spruce Bark Beetle Monthly Status Report February, 2011 f. Letter from Phillip Oates, Seward City Manager, regarding funding for the Alaska Small Business Development Center g. Memo regarding Seward Rock Quarry Development h. 2010 Alaska and Kenai Peninsula Borough Census Data L. ITEMS NOT COMPLETED FROM PRIOR AGENDA None April 5, 2011 Page 2 of 6 M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) ENACTED Ordinance 2010- 19 -38: Accepting and Appropriating $65,834 from the U.S. Department of interior for the Beluga Slough Trail Reconstruction Program Under the Coastal Impact Assistance Program (Mayor) (Referred to Finance Committee) [9 Yes, 0 No, 0 Absent] 2. ENACTED AS AMENDED Ordinance 2011 -03: Amending KPB 5.18.200 to Repeal the Seasonal Exemption from Sales Taxes of Non Prepared Food Items (Mayor) (Referred to Policies and Procedures Committee) [9 Yes, 0 No, 0 Absent] 3. ENACTED Ordinance 2011 -04: Confirming the Assessment Roll for the Ashton Park Brumiow Park Road Improvement Assessment District (Mayor) (Referred to Finance Committee) [9 Yes, 0 No, 0 Absent] 4. ENACTED AS AMENDED Ordinance 2011 -05: Adopting Envision Soldotna 2030 as the Official Comprehensive Plan for that Portion of the Borough within the Boundaries of the City of Soldotna (Mayor) (Referred to Policies and Procedures Committee) [9 Yes, 0 No, 0 Absent] N. UNFINISHED BUSINESS None O. NEW BUSINESS 1. Bid Awards 2. Resolutions Resolution 2011 -022: Authorizing Road Service Area Capital Improvement Project: Etah Maku Circle, Tyena Ka Road, Kwanta Hah Circle and Dema Hona. Avenue #W2ETA Contract Award and Allocation (Mayor) (Referred to Finance Committee) *b. Resolution 2011 -023: Authorizing Road Service Area Capital Improvement Project: Bell Avenue and Boondocker Street #N3BEL Contract Award and Allocation (Mayor) (Referred to Finance Committee) Resolution 2011 -024: Authorizing Road Service Area Capital Improvement Project: Dana Bayes Street #W7DAN Contract Award and Allocation (Mayor) (Referred to Finance Committee) Resolution 2011-021: Approving Construction of a Portion of Dema Ilona Avenue and J J Street in West Region, Unit 2 (Mayor) (Referred to Finance Committee) April 5, 2011 Page 3 of 6 b. ADOPTED Resolution 2011 -025: Authorizing a Renaming and Reclassification to an Appendix A Job Description for the Human Resources Technician (Mayor) (Referred to Policies and Procedures Committee) [9 Yes, 0 No, 0 Absent] *c. Resolution 2011 -026: Approving an Appendix A Job Description for the Anchor Point Fire and Emergency Medical Service Area Chief (Mayor) (Referred to Policies and Procedures Committee) d. FAILED TO ADOPT Resolution 2011 -027: Authorizing Two New Classified Positions to Replace Two Temporary Positions Which Have Been Filled for at Least 18 Months; Temporary Clerks for the Anchor Point Fire and Emergency Medical Service Area and the Nikisld Fire Service Area (Mayor) (Referred to Policies and Procedures Committee) [0 Yes, 9 No, 0 Absent] *e. Resolution 2011 -028: Authorizing Community Revenue Sharing Program Expenditures for the Unincorporated Communities of Port Graham and Tyonek (Mayor) (Referred to Finance Committee) *h. 3. Ordinances Resolution 2011 -029: Supporting South Peninsula Hospital, Inc. Resolution 2011-02 to Accept Grant Funds in the Amount of $29,000 from the United States Department of Agriculture (Mayor) (Referred to Finance Committee) *g. Resolution 2011-030: Amending the Borough's Risk Management Records Retention Schedule (Knopp at the Request of the Borough Clerk) (Referred to Policies and Procedures Committee) Resolution 2011 -031: Revising Borough Policies TR -01, Borough Travel and Per Diem, and TR -02, Reimbursement of Business Meals (Knopp, Mayor) (Referred to Policies and Procedures Committee) WITHDRAWNBYSPONSOR Resolution 201 t -032: Requesting the Administration Include a Separate Line Item on Property Tax Statements Providing the Mill Rate Equivalent to the Amount of Taxes Spent to Support Solid Waste Handling in the Kenai Peninsula Borough (Johnson, Mayor) (Referred to Finance Committee) Ordinance 2010- 19 -39: Appropriating $750,000 from the Central Peninsula Hospital Plant Replacement and Expansion Fund for Improvements of the Mundell Building for Use by Central Peninsula. Hospital (Mayor) (Shortened Hearing on 04/19/11) (Referred to Finance Committee) April 5, 2011 Page 4 of 6 4. Other Ordinance 2010- 19 -40: Authorizing and Appropriating Funds for Central Peninsula General Hospital, Inc. to Purchase Computerized Provider Order Entry and Continuity of Care Document Exchange Systems (Mayor) (Hearing on 05/03/11) (Referred to Finance Committee) *c. Ordinance 2010- 19 -41: Accepting and Appropriating $101,272 from the U.S. Department of Interior for the Kachemak Drive Bluff Erosion Study under the Coastal Impact Assistance Program (Mayor) (Hearing on 05 /03/11) (Referred to Finance Committee) *d. Ordinance 2010- 19 -42: Accepting and Appropriating $151,271 from the U.S. Department of Interior for the Seward Weather and Ocean Observing Systems Project Under the Coastal Impact Assistance Program (Mayor) (Hearing on 05/03/11) (Referred to Finance Committee) Ordinance 2011 -06: Amending KPB 5.18.430, Computation Maximum Tax, By Increasing the Maximum Amount of a Sale Subject to the Borough Sales Tax to $2,500 and Deleting the Requirement that any Change to this Amount be Approved by at Least 60 Percent of the Voters (Knopp, Mayor) (Hearing on 05/03/11) (Referred to Policies and Procedures Committee) Ordinance 2011 -07: Reducing the Number of Kenai Peninsula Borough Planning Commissioners from 13 to 11 (Johnson) (Hearing on 05/03/11) (Referred to Policies and Procedures Committee) *g. Ordinance 2011-08: Waiving the Public Voter Approval Requirement in KPB 5.04.110 for the Homer Solid Waste Transfer Facility Capital Improvement Project (Mayor) (Hearing on 05/03/11) (Referred to Policies and Procedures Committee) Petition to Vacate a Portion of Richardson Street, a 66 -Foot Public Right -of -Way and Vacate a Portion of a 66 -Foot Seismograph Right -of -Way with Associated Utility Easements Adjacent to and within Tracts 13 and 14 as shown on the Ninilchik Right -of -Way Map (Plat HM 84 -115); within Section 25, Township 1 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2011 -007 (Referred to Lands Committee) [Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent at its regularly scheduled March 14, 2011 meeting.] April 5, 201) Page 5 of 6 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS 0 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. April 12, 2011 Health Care Task Force 6:00 PM Soldotna 2. April 19, 2011 Regular Assembly Meeting 7:00 PM Seward R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on April 19, 2011, at 7:00 P.M. in the Seward City Hall, Council Chambers, Seward, Alaska. This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBBI -AM 890 (South Peninsula), K201,40-FM 88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1 -800- 478 -4441, Ext. 2160. Visit our website at www.bor ough. kenai.ak. us for copies of the agenda, meeting summaries, ordinances and resolutions. April 5, 2011 Page 6 of 6 REPORT OF CITY MANAGER MEMO: TO: City Council t)q FROM: Rick Koch DATE: March 31, 2011 e with a Past, Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II Telephone: 907- 283 -7535 FAX: 907 283 -3014 SUBJECT: City Manager's Report for Proposed Jaynes Street improvement District The purpose of this correspondence is to submit to the Council a report as required by KMC16.10.010 regarding the above referenced proposed improvement district. City code requires the City Manager's report to address the following: Need Presently, James Street is an unimproved roadway that is not maintained by the City. Depending on weather there are times that the unimproved roadway is impassable, or nearly impassable. There are a number of residences whose only access is James Street. Administration recognizes a need for James Street to be improved and maintained by the City. Desirable Scope The petition submitted by the majority of affected property owners requests a gravel surfaced roadway. While this is an improvement over the existing roadway it will require a significantly greater maintenance effort by the City than if the improvements included asphalt pavement. New subdivisions within the City are required to include asphalt paving of roadways to reduce maintenance costs. Administration strongly recommends contacting the petitioners and requesting a new petition be considered that requires asphalt pavement. Estimated Cost of the Proposed Improvement Cost including asphalt pavement $106,894.48 Cost excluding asphalt pavement $77,924.00 -182- 1992 Prospective Grants that might be secured to assist in payment for the Improvement The City still has funding in a State Grant that could be utilized for this project. Recommendation as to Grant Application Administration is not aware of any current grant opportunities. Council could consider this project for State and Federal capital Funding priorities for SFY13 and FFY 14 in October 2011. Recommended Percentage of the Improvement Plan to be Assessed against the Property Benefited If Council directs Administration to proceed with this improvement district Administration recommends fifty percent (50 of the costs be borne by the properties benefitted and fifty percent (50 by the City of Kenai. Project including Asphalt Pavement Property Owners $53,447.24 City $53,447.24 Project Excluding Asphalt Pavement Property Owners $38,962.00 City $38,962.00 Description Defining the District and the Properties to be Assessed Attached Show the Desirable Scope Attached The attached information also discusses assessment methodologies. Preliminarily, the Administration believes the front footage method for a project which includes asphalt pavement to be the fairest allocation of costs. Thank you for your attention in this matter. attachments -183- -184- January 25, 2011 CU ra CU CU CD cn -185- For properties with double frontage, lot size and frontage length has bee For properties with double frontage, lot size and fro gth has been reduced by onedi Estimated Assessment Based on Equal Share 1 03'968 03'968'£ 03"968'£ 03'968'E I 03'968`£ 00796'8E 5 03'968'E OZ'968'£ 5 0Z "968'£ 5 03'968`£ 5 03"968'£ ZCbb£'S Estimated Assesment Based on Front Footage 16L'896'1 5 LL 'C£88'1 61'LE6'£ 5 bZ'Z£8'L 2,186.67 7,437.44 3,937.19 3.936.00 3,936.00' 38,962.00 I OCLVVES 5I axis l01 uo pase9 luawssassy palewlls3 40'6b6'1 5 IIIINIIIIINIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIII 189 "868 80.65 1 b1•886'1 5 1 'any 1 LL'8S6'T 11967A, SS7SL I 00'L6T 1 ZS'O60'T _1 56119'8 L0 "L8T 95'668'E 5 1 1£0'66 98'668'£ I 100'66 08706'£ 1 100'66 1 S8196`9E 1 166'616 1 53,447.24 Estimated Assessment Based on Lot Size Frontage (11) 135'64 ;s) azis tol '319`9 1 9ZZ'£T 1 SLS'9 00£'9Z SP9'9 001 6T4'63 6ZZ'£T J 0EZ'£T OVY£T 9LT'Z£T —1 1ASSESSMENT METHODOLOGIES BASED ON CRUSHED AGGREGATE SURFACED ROADWAY (PROPERTY OWNERS SHARE (50 OF LID 5 38,962.00 J aSeluozj algno0 saA oN ,saA ON s aA saA oN ON 1 ON ON 1E0'66 Legal Description Stenga Sub No 2 Lot 4 1 1 S 101 Z ON qns e8ua15 1 T 101 qn5 Aapiun0 Ryan Sub Blk 1 Lot 1 Ryan Sub Richmond Re- olat Blk 1 Lot 2A ',Gemini Park Sub Lot 9 Gemini Park Sub Lot 10 15tenga Sub No 2 Lot 6 Stock Sub Blk 1 Lot 4 1 Dunkley Sub Lot 2 Physical Address 1109 Kaknu Way 1 1 1S Wier POE'. 1110 Kiana Ln 11106 Kiana Ln 309 James St. 11107 Kaknu Way 1 307 James St. 1306 James St. 1 308 James St. 1310 James St. Owner 1 Smith, Bennet C. 1 '3 lauua8 'yiws 'S 4uel 'Aaswopopq 1116 'Puowy.Jly glaUUaB 'gsp&Ug '1. UOaey/'zanay4l iuliussen, Eugene D Bonnie H. '3 lauuaa'gTws1 Evans, Jack C. Patricia L. ugof 'wleai O N l 01 Piled 1 45130351 1 19E0ETSV 1 1 45130441 I 1 [Put [se 6b0ETSb f I 1 109U8TS4 1 190ETSb I 1 I 1 1 4513037 1 1 LVUt L5V 1 1 4513045 1Gemini Park Sub Lot 9 I CU ra CU CU CD cn -185- For properties with double frontage, lot size and frontage length has bee For properties with double frontage, lot size and fro gth has been reduced by onedi Estimated Assessment Based on Equal Share 1 ZL'bog'S 5 1 ZL'b»E'S 5 1 ZC*V£'S 5 1 ZCbtE'S ZCbb£'S 1 ZCM'E'S 5 1 ZL'bbE'S 5 1 5,344.72 5,344.72I 1 3Cbb£'S $1 I OCLVVES 5I Estimated Assesment Based on Front Footage 1 SL'OOL'Z 56 "004'5 5 1 0 "48S'Z 51 1 L9'ST9'Z 5 0T'VtL'OT 1 Z9'666 1 10,202.53 s6'OOb'S 51 Z8'66£'S 5 Z£'66t'S 1 1 53,447.24 Estimated Assessment Based on Lot Size 199'819'Z 5 13T'84E'S 5 169'859'3 100 189'Z 5 8L't'E9'OT 1 S6'S6b'T 5 66'•68'TT 5 ££"6b£'S 1 bC6VE'S 5 8C£5£'S 5 1_5 ;I) ageluaad IZS64 1E0'66 18£'14 96'Lb 00 100 "55 LOY8T 1E0'66 00 00'66 66'6L6 (js) axis 101 1. Z19'9 [9ZZ'£i SLS`9_ 1 549'9 26,3001 1001'£ 6TV6Z 13,229 OEtET 13,2401 9LT'Z£T Double Frontage 1 saA 1 ON L .saA 1 1 ,saA 1 ON 1 *saA ON ON O N 1 °N [ASSESSMENT METHODOLOGIES BASED ON ASPHALT SURFACED ROADWAY 1 PROPERLY OWNERS SHARE (50 OF LID 53,447 24 Legal Description Stenga Sub No 2 Lot 4 Stenga Sub No 2 Lot 5 Dunkley Sub Lot 1 1 Ryan Sub Blk 1 Lot 1 1 Ryan Sub Richmond Re- plat Blk 1 Lot 2A 1Gemini Park Sub Lot 9 I Gemini Park Sub Lot 10 1Stenga Sub No 2 Lot 6 Stock Sub Blk 1 Lot 4 rDunldey Sub Lot 2 Physical Address 1109 Kaknu Way 304 James St. 1 U1 eueDi OTT' 1106 Kiana Ln 1 15 saver 605 11107 Kaknu Way '1s sower LOE 1306 James St 1 308 James St. 1310 lames St. Owner Smith, Bennet C 1 Smith, Bennet C 1 1 -s Rzey,1 'Aaswo3JW English, Kenneth M. 1 !Richmond, Bill 1 '(Meyer, Aaron T. Juliussen, Eugene D Bonnie 14. lauua9 5416uS1 1 elehled'8'D 4aer 'sueA3 8 ugot wled l O W N a 4513035 1 45130361 1 45130441 1 45130491 4513067 1 45130601 p 90ETSk I 1 4513037 4513041' 1 4513045 CU ra CU CU CD cn -185- For properties with double frontage, lot size and frontage length has bee For properties with double frontage, lot size and fro gth has been reduced by onedi COST ESTIMATE INCLUDING ASPHALT PAVEMENT Cost Item Description Unclassified Excavation Classified Fill Backfill Crushed Aggregate Base Course Asphalt (2 Striping Signs Driveway Approach Survey Cost Estimates for Improvement of James Street COST ESTIMATE EXCLUDING Cost Item Description Unclassified Excavation Classified Fill Backfill Crushed Aggregate Base Course Signs Driveway Approach Survey Unit Quantity Unit Cost Sub -Total CY 2000 8.00 16,000.00 Ton 2750 10.00 27,500.00 Ton 250 20.00 5,000.00 Ton 225 115.00 25,875.00 LF 1280 0.50 640.00 LS 1 500.00 500.00 EA 5 750.00 3,750.00 LS 1 7,500.00 7,500.00 ASPHALT PAVEMENT Unit CY Ton Ton LS EA LS Sub -Total 86,765.00 Engineering 12% 10,411.80 Contingency @10% 9,717.68 Total Estimate 106,894.48 Quantity Unit Cost 2000 8.00 2750 10.00 400 20.00 1 500.00 5 750.00 1 7,500.00 Sub -Total Engineering 12% Contingency @10% Total Estimate -186- Sub-Total 16,000.00 27,500.00 8,000.00 500.00 3,750.00 7,500.00 63,250.00 7,590.00 7,084.00 77,924.00 r: trA 'Weerefle ,Le L./ 04 (3NV1 Q00MNf !Went )0 Mee; eo0fe BAV 4I2 AV 4102 -188- -189- ad>.Nl <62 M.£££O,GON iaaais NBOIVA K1100 SLi Nh03 nNNMN 7 a o ot M 0.00N ti e o• e o O -190- 5 "tr rG A S 3 B D 1 V 15 WITH IN U.S- 13.1..N1. 1.07 SEC. 34,T Co S.M• 3 34.' Gee 9 "w 32 t• 4. Sg9®59 3. o 133.60' o 0' h t e m :4 a 1 33.5 8 ryw d 0• N L d 0 cr o t9.1tr t KAK SUSD c k eer, P p Q G Vlfe s 89 NIC/ SEC.34- 1i 2 1 1 1 J U.S.S.L.M• S MA LL SCALE_ 1:400 OO INDIC ATES BRASS 0 rr e- /e X 2' ;.gGM1l CITY CJONCTL 0 2 S W 1 /1 Ta ACTb 'i'!.e le to certify that the within le -Pe duly submitted to, and red by, the City of Kral, .deeke,by Rese1ttion Pr Q 1 3 of enticate as ua; t66' day ur� 368 Pia y0 City Clerk REE t K :us ea :'Ii i JA'.C4' OF 3L114 q;.i The Fmdersifrief a Ste'c/a°ara t. *..aid 4:7 in the State of Alareee,does beret oerti. tie above si-OFT, stns to be sums'sntia11y correct., An -smove -191- nisei UMEtH T. R E-B A R S AN as if 33 33 to $.L. M. 569.59 >.V _t_ BASE BEARING y r S C A L@ i ei o' c. PP azertrravrt t N1 *fl7F APrn I (We) certify that I (Me) am (arel the titre? (e) 5f the' ebova shoet ree/ property; that I (He) ado this clan with My (Orr) tree cense- ,and i ('de) do herehy dedicate tn' public t3ae and to the Ise of nubile utilities the me Away shot; se Janes Street. MOTA ZYwH A CltNOW _SCOGIfltd 9ubrcrihed a sworn !ref.:re ast7 My commission eznir�e z 666.1-c. Noter^ Foshlic for Alas' s, Otee .ninsula Doronah xg Officer STET ?1.' St7BDIVIBIOE N0. 2 -192- SHE'S NO CALCULATED SY CITY OF KENAI City Manager's Office 210 Fidalgo Ave. Kenai, AK 99611 (907) 283 -8222 Fax (907) 283 -3014 rkoch @ci.kenai.ak.us JOS CHECKED BY SCALE eg N Ts OF DA? "444444 OATS L DATE CITY OF KENAI City Manager's Office 210 Fidalgo Ave. Kenai, AK 99611 (907) 283 -8222 Fax (907) 283 -3014 rkoch@ei.kenai.ak.us :oB SHET NO CALCULATED BY CHECKED BY SCALE Kenai Police Department ANNUAL REPORT Our mission, together with the community of Kenai, is to make our city a place where all people live safely and without fear. -195- TABLE OF CONTENTS Police Organization Chart 1 Police Department Annual Report Summary 2-8 Requests for Police Services 9 Arrest Summary 10 Table of Criminal Offenses and Arrests 11 -1 4 All Other Service Calls 15 Communications Department Photo 16 Communications Employee Biography 17 Communications Departrnent Annual Report Summary 18-19 Animal Control Department Annual Report 20 -196- -197- MEMO: "Vi'iaye with a Past Ci y with a Future Kenai Police Department 107 S. Willow St., Kenai, AK 99611 907 283 -7879 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 3/31/11 SUBJECT: Annual Report for Police, Communications, Animal Control Enclosed is the Kenai Police Department Annual Report for 2010. The report highlights the activities of the Police Department, Communications Center, and Animal Control. In 2010, police personnel handled 7,385 calls for service, averaging 615 calls per month, with a peak of 986 calls in July. The annual dipnet fishery accounted for 272 of the calls for service in. July. Calls for service were down from the 7,626 received in 2009. The majority of criminal offense categories showed a decrease in reported crimes and of subsequent arrests as compared to 2009 statistics. Juvenile arrests decreased by 25 percent, and adult arrests decreased by 16 percent. The Communications Center has seven dispatchers and a communications supervisor. Our dispatchers provide 24/7 phone answering and front counter service, 365 days of the year. A side from being the radio communications hub for officers in the field, the dispatchers also provide significant assistance to police officers in the form of data entry, research, and case report preparation. We are fortunate to have a strong crew of experienced dispatchers. Animal Control has a hard working, knowledgeable staff of personnel comprised of three animal control officers, a seasonal assistant, and several volunteers. All three officers have extensive knowledge on the care of a variety of animals. The shelter is a busy City facility, and is at full animal capacity for most of the year. Personnel are proactive at promoting the adoption of animals throughout the year, but they also have a steady, year -round influx of drop off (unwanted) animals. Despite the challenges, the Animal Shelter personnel maintain positive attitudes and an ongoing dedication to the proper care of shelter animals. The remainder of this report summarizes the activities of Police, Communications, and Animal Control in greater detail. 2 -198- PATROL In 2010, patrol officers spent 44% of their total work time conducting investigations, 19% of their time on patrol, and 11% of their time in training. The remaining 26% of officer time was divided among court, public relations and administrative time. In 2010, one new officer attended the Department of Public Safety Training Academy in Sitka and completed approximately 13 weeks of field training in the City of Kenai. During 2010, officers recorded 2,740 traffic contacts, resulting in 1,083 citations, 74 of which were related to motor vehicle crash investigations. CANINE (K9) PROGRAM Between January and May 2010, Chevron continued active patrol work with his handler, Officer Turnage. They continued deployments including drug sniffs and suspect tracks. Chevron was also used for multiple youth related community events and was an ambassador for the police department. In May, Officer Tumage left the police department and the program was disbanded. Although Chevron is no longer with the police department he is actively working with the Alaska Bureau of Highway Patrol in Soldotna with a new handler. He continues to be available to patrol officers to assist the Kenai Police Department with drug investigations. MOTOR VEHICLE CRASHES In 2010, the City of Kenai experienced 314 total motor vehicle crashes. Of those, 163 were investigated by the Kenai Police Department. During 2010, the City of Kenai saw a significant increase from the previous year in all recorded categories for motor vehicle accidents with the exception of fatal accidents. However, 2010 was still the second lowest year for most accident categories in the past five years. Of the 163 crashes investigated, 122 were damage only, 39 had injuries, 13 were Hit -and -Run, 16 were related to impaired driving and 2 were fatal accidents. Investigation revealed the primary time for crashes was between noon and 6 p.m. on weekdays, with Fridays having the most crashes. The primary cause of investigated crashes was animals in the roadway, which accounted for more than 1 in 5 accidents. The Kenai Police Department will continue to target distracted, aggressive and /or impaired drivers, and those without seatbelts in an effort to reduce the number of total accidents and promote overall highway safety. Please reference the 2010 Motor Vehicle Crash Report for more thorough crash data. 3 -199- OFF ROAD VEHICLE COMPLAINTS In 2010, officers were assigned to patrol /observe areas with high numbers of ATV complaints (specifically V.I.P. subdivision and the North Beach). The four Seasonal Enforcement Officers again made ATV enforcement a priority, One SEO started work in May, and made diligent efforts to patrol the North Beach and S. Forest Dr. This area, has consistently received the most ATV complaints in recent years. SEOs observed few off -road problems in targeted areas (possibly due to SEO presence). 2010 had the lowest number of ATV complaints in five years. 2006 89 Total (18 snowmobile, 71 ATV /MC) 2007 77 Total (19 snowmobile, 58 ATV /MC) 2008 86 Total (20 snowmobile, 66 ATV /MC) 2009 71 Total (14 snowmobile, 57 ATV /MC) 2010 39 Total 9 snowmobile, 30 ATV /MC) BEAR INCIDENTS /SIGHTINGS Bear Activity increased immensely in 2010. There were multiple active brown bears in the City of Kenai from May to November. Despite collaborative efforts from the City of Kenai, Fish and Game, and the news media, a sow and her cubs continued to pursue human food sources (primarily garbage). The sow and her two cubs eventually had to be shot by ICPD officers after the sow entered a residence off of Fox Ave. On July 5, the City Manager, Rick Koch, designated east Kenai as a bear problem area. SEO's diligently posted flyers and talked to residents in east Kenai in an effort to educate them on the bear problem area. designation. For the remainder of the summer there were many bear sightings, but few bear problems. Most bears were observed just passing through. However, in late October and early November, bear problems spiked again in Thompson Park, where at least one bear was repeatedly accessing garbage left outside in unsecured containers. City personnel again notified and educated residents of east Kenai through post card mailings, radio messages, and police patrols. The 2010 bear problems ceased after a heavy snowfall in early November. INVESTIGATIONS The Kenai Police Department Investigations unit consists of a sergeant and two investigators. One of the two investigators is assigned to the Alaska Bureau of Alcohol and Drug Enforcement where he works in partnership with the Alaska State Troopers. This relationship has been highly successful and has resulted in large numbers of drug arrests. The Investigations unit is responsible for major case investigation and management. They investigate the significant cases so patrol officers can spend more time on patrol, Inv. Jeff Whannell is the Central Peninsula Crime Stoppers coordinator. He is an advisor to the Crime Stoppers board, and he is responsible for disseminating Crime Stoppers tips to the appropriate law enforcement agency in the Central Peninsula. 4 -200- SCHOOL RESOURCE OFFICER Officer Mitch Langseth is completing his third year as the School Resource Officer at Kenai Central High School. This successful partnership with the high school puts an officer at the school for 15 -20 hours per week and includes dedicated time for crime prevention, classroom education, investigations, and student/staff interaction. KCHS is the central school that the SRO works out of. However, he is involved with programs and education at all of the public schools within the City limits of Kenai. Officer Langseth mentored three students through the Middle School Mentorship Program. Investigator Langseth taught classes on Internet Safety, Job Shadow /Career Discovery, Alcohol, Drivers Licensing, and Decision Making to students at KCHS and KMS. He also taught Halloween Safety, Computer Safety and Bike Safety Rodeos for the local grade schools. Officer Langseth, along with other officers, participated in Click it and Ticket at KCHS. This is a program funded by the Alaska Highway Safety Office where student volunteers count the number of people wearing seatbelts as they enter the school parking lot. Students who are wearing their seatbelts are given "tickets" that are good for a snack item at the concession stand. Student seathelt use went from approximately 88% up to 98 Officer Langseth was the primary DARE instructor. He taught DARE classes at Kenai Middle School and at Mountain View Elementary. Off Douthit taught 7 Grade DARE at Aurora Borealis. The Kenai Police Department saw a decrease in juvenile arrests from 2009 (from 107 to 90, a decrease of 16 Juvenile larceny arrests dropped 50 percent from the prior year and drug arrests showed an increase of 23 Of the drug arrests, 13 were for marijuana, up from 7 the year prior. TRAINING In 2010, the police department was again faced with large training needs. Because of retirements and other employee turnover in the last couple years, training of new officers and supervisors remains a high priority. The depat t<uent took advantage of every bit of its training budget, in addition to various other funding sources, to help meet those training needs. The department had one officer complete the 14 week Department of Public Safety Academy in Sitka during 2010. Veteran officers dedicated approximately 25 additional weeks to training new officers in our field training program. In addition to training new officers, the Kenai Police Department places a great deal of emphasis on ongoing training for all of its' officers. Officers attended the following trainings and seminars in 2010: Media Relations Executive Development Forensic Computer Training Amber Alert 5 -201- Field Training Officer Sex Abuse interview skills TRACS Computerized Citations MVC Reports Incident Command System Alaska Strategic Traffic Enforcement Partnership Patrol Drug Interdiction Polygraph School Fetal Alcohol Spectrum Disorder Defensive Tactics Datamaster Firearms Internal Affairs Special Emergency Response Team Child Maltreatment child interviewing Taser Instructor Methods of Instruction In 2010, KPD officers also spent many hours educating in the schools, in the public, and to other criminal justice agencies on various facets of law enforcement. In the spring of 2010, Sergeant Kelly George spent three months in Harrisburg Pennsylvania to receive training to become the department's polygraph examiner. He successfully completed the rigorous training and does criminal and pre employment examinations for the Kenai Police Department and other law enforcement agencies. GRANT FUNDING The Police Department continues to diligently acquire grant funding for various operational and equipment needs, including: Ballistic vest purchases through the United States Department of Justice. In -car computers and peripherals TRACS) for citations and accident reporting, through Alaska Department of Transportation and the Department of Public Safety. Click it or Ticket/DUI Overtime Patrols through the Alaska Highway Safety Office. Seatbelt educational campaign at Kenai Central High School through the Alaska Highway Safety Office. Cellular phone forensic software and training, through Internet Crimes Against Children. Sexual assault examination reimbursements through the State of Alaska. During 2010, the Kenai Police Department continued to have an officer assigned to the Bureau of Highway Patrol traffic team, whose goals are to snake highways safer on the Kenai Peninsula, including the City of Kenai. Officer Casey Hershberger is assigned to the Bureau of Highway Patrol and has received training this year to become a Drug Recognition Expert (DRE) and a Total Station Operator. The City of Kenai is reimbursed by the State of Alaska for the officer's salary and overtime. The State of Alaska received grant funding from the Alaska Highway Safety Office to fund the KPD officer position. The police department continues to fill this BHP vacancy with new officers, during the teen of the grant. 6 -202- COMMUNITY SERVICE In 2010, Officers were involved in many community support groups and served on several community non -profit boards of directors. These include Cook Inlet Council on Drug and Alcohol Abuse, Kenai Peninsula Community Care Center, Central Peninsula Crime Stoppers, LeeShore Center, Local Emergency Planning Committee, and. Alaska Peace Officers Association. Officers continue to actively participate in other community outreach programs /presentations such as: High School Career Day, KPC Career Day, Bicycle Rodeos, Youth Mentorship, Internet Safety for Children /Parents, Meth 360, Street Drug Awareness, Halloween Safety, Stranger/Danger talks, Citizen Emergency Response Team, Lowes Safety Day, and DUI awareness programs. Several officers volunteer off -duty time to coach and mentor youth through the Police Athletic League and Little League baseball. 2010 GOALS PROGRESS REPORT In the 2009 Annual Report, the following department goals were identified for 2010; Goal I- With a young department, prioritize train' accordingly (whether at KPD or outside). Result- Achieved. needs and provide that training to personnel Goal 2- Assess Walmart's impact on traffic and calls for service, and distribute police resources accordingly. Result- Achieved. No significant increase in calls for service requiring a re- direction of police resources. Goal 3- Maintain low juvenile delinquency rates through positive crime prevention programs in the schools, and by also helping to facilitate other positive youth activities in the community. Result- Achieved. Juvenile arrests decreased significantly. The School Resource Program and the Police Athletic League both provide a means for law enforcement officers to have a positive impact on youth. Goal 4- Collaborate with ABADE (drug unit) and other law enforcement entities to continue a proactive approach to combat drug trafficking in the area (realizing that drug crimes are linked to other serious crimes). 7 -203- Result Achieved. The ABADE unit had a successful year. Aside from having an investigator assigned to ABADE, our officers work closely with ABADE to ensure adequate sharing of information and of diligent follow -up on drug cases. Goal 5 Maintain a strong traffic patrol presence during peak traffic /crash times in an effort to maintain low crash rates. Result Achieved. Officers utilized data from the 2009 motor vehicle crash report to intelligently patrol the highways based on information gathered in the report. GOALS FOR 2011 Goal 1 Explore and Implement Strategies to lower the number of crashes on Kenai roadways. Goal 2 Maintain low burglary rates, and high solvability of major crimes. Goal 3 Seek funding and technology improvements to regain radio interoperability with AST. Goal 4 Increase community outreach and education. Goal 5 Expand Police Athletic League to include organized sport tournaments for teenagers. Goal 6 Improve standards of officer safety through tactical training, and voluntary wellness programs. CONCLUSION The Kenai Police Department continues to have three primary areas of focus: 1. Suppressing criminal activity in our most serious /frequent offenders. 2. Highway safety for our citizens and people traveling through our community. 3. Crime prevention through school programs and other positive activities in our community. The Police Department continues to have strong community outreach, largely through the efforts of our School Resource Officer (SRO Lanaseth). We are committed to providing crime prevention and highway safety education in the schools. The Police Department also has a strong commitment to suppressing significant criminal activity in the Central Peninsula, which is largely accomplished through strong interagency collaboration. Traffic safety is one of the highest priorities of the Department, We try to educate the public on highway safety, in addition to having a strong visible presence on our roadways during heavy traffic flow periods. We will continue to keenly prioritize training for officers, based on the above areas of focus, in order to enhance the professional service we provide to the community. 8 -204- Kenai Police Department End of Year Report 2010 REQUESTS FOR POLICE SERVICES Requests for services decreased 3.2% from previous year, and decreased .8% compared to 2001. January February March April May June July August September October November December Total 1200 1000 800 600 400 200 535 493 459 575 696 764 841 735 651 548 570 574 744I 549 573 545 521 593 573 760 659 589 601 600 568 7131 rt 2001 2008 ti 2009 E 2010 T a PQi` �aa li ce N \a J% J y y P Se Q,�e 0 ao e Qa o e 9 -205- 589 573 566 623 747 649 870 741 612 589 541 526 7626 517 457 526 609 670 657 986 659 573 618 560 553 7385 Kenai Police Department End of Year Report 2010 4• ARREST SUMMARY The following statistical tables represent the number of arrests in each category of crime. Arrests are not always an accurate measure of activity for the following reasons: 1. One arrest can clear multiple offenses. 2. Multiple arrests can clear one crime. 3. Warrants issued for an offense committed in Kenai and served in another jurisdiction are not always counted. Category of Arrest Reports and Arrests Reports Assault (Non-Domestic Violence) 88 Assault (Domestic Violence) 56 Family Offenses 62 Sex Offenses 30 Arson 0 Burglary 39 Forgery/Fraud 142 Robbery 3 Larceny (Non Vehicle related) 257 Vehicle Theft 17 Drugs 119 Driving Under the Influence 90 'Traffic Arrests 1.95 Warrant Arrests 170 Weapons Offenses 26 Other Offenses 848 Subtotal all fields 2142 20 0 or of Arrest Adult and Juvenile zote Category Y Adult ;,Jtaire Adult Assault (Non- Domestic Violence) 31 10 47 Assault (Domestic Violence) 46 a 3`' 50 Family Offenses 8 12 Sex Offenses 13 9 Arson 0 r` 0 Burglary 5 1 14 Forgery/Fraud 2 1 3 29 Robbery 2 k- 3 Larceny (Non- Vehicle related) 67 15 86 Vehicle Theft 6 2' 6 Drugs 84 97 Driving Under the Influence 90 113 Traffic Arrests 173 r 202 Warrant Arrests 127 150 Weapons Offenses 15 t 11 Other Offenses 153 ..2= 165 Subtotal all fields 841 9 t" 996 10 -206- 2009 tonA Reports Reports 97 33;;: 79 60 73 88 52 25 ..J. 31 0 0 45 45 87 3f. 81 2 2 316 289 19�`''" 18 1 0 109 139 t =l 122 219 237 187 173 21 "i1�; 21 864 v2b1..; 745 2295 ;'21T83 2077 2008 Adult 39 64 10 6 0 11 22 0 71 5 76 97 224 131 11 119 886 Kenai Police Department End of Year Report 2010 Assault (Non -DV) Assault hands /fist/feet, agg injury Assault on an officer wit a firearm Assault on an officer wit a knife Assault on an officer, other weapon Assault on an officer, Simple (no weapon) Assault other weapon Assault with a firearm Assault with a knife Assault, Simple (no weapon) Assault, Intimidation Category Subtotal Assault (DV) DV Assault 4th DV Assault no weapon agg injury DV Assault other weapon DV Assault w/t a knife DV Assault wit Firearm Category Subtotal Family Offenses Child Abuse or Neglect Contributing to the Delinquency of a Min Custodial Interference Family Fight (Non-Violent) Family Offense, Other Category Subtotal Sex Offenses Pornography Sexual Assault, attempted rape Sexual Assault, fondling Sexual Assault, Rape Sex Offense Other Sexual Abuse of a Minor Statutory Rape Category Subtotal Table of Criminal Offenses and Arrests 2008 2010 2010 2009 1 46 1 1 i 2 5 1 1 0 3 -207- 50 r 5 8 4 2008 15 62 5 4 2 2 3 �i!' a 9 3 Arson Arson, Commercial Building Inhabited Arson, Commercial Building Uninhabited Criminally Negligent Buming aalfg.', Category Subtotal Burglary Burglary, not a residence, att force entry Burglary, not a residence, forced entry Burglary, not a residence, unlawful entry Burglary, residence att force entry Burglary, residence, forced entry Burglary, residence, unlawful entry k* M 1 1 2 1 1 1 7. .;-g> 2 6 6', 1 :,it 1 2 1 1S 8 5 IS 1 Category Subtotal Forgery/Fraud Counterfeiting/Forgery False information or Report Fraud, Credit Card/ATM Fraud, Impersonation FraudiSwindle/Confidence Game Wire Fraud 5 10 6 0 S 2 z ireW 15 fl 15 18 2 :,:14 0 ogt, 2 L 45 14 tag I VS 3 2 2 3 I Category Subtotal Robbery Robbery Firearm, Business Robbery, Firearm, Street Robbery, Other Weapon, Residential Robbery, Strong-arm, Gas Station Robbery, Strong-arm, Miscellaneous Robbery, Strong-arm, Residenfial Robbery, Strong-arm, Street :1-442 ii? .r, 24 21 4 3 c Ve, 4 31 1 r 2, 1',.'[4,1N :-142.11 Category Subtotal Larceny (Non-Vehicle) Theft Pick pocketing Theft from a Building Theft from a Motor Vehicle Theft of a coin machine Theft of a purse Theft of Vehicle Parts Theft, other property Theft, Bicycle Theft, Shoplifting ',,'E",PAIC 14 7 ,I 1 2 16 ll a Sf E 15 1.'1*,A Viiiiii 0 i: t 3 50 L;gt:: i'l- 3c-. 1 .,',k 2 2 13 r g 46 432 3 14 i42571:N. 82 Ffat.j, 15 sty% 116 I8S N 30 7 89 Fel:- 18 Kenai Police Department End of Year Report 2010 12 -208- Kenai Police Department End of Year Report 2010 Vehicle Theft Theft, Car or Truck Theft, Motorcycle Theft, other vehicle type Category Subtotal Drugs Possess paraphernalia Possess synthetics Possess, other Possession of cocaine Possession of marijuana Sale/Manufacture cocaine Sale/Manufacture marijuana Sale/Manufacture other Sale/Manufacture synthetics Category Subtotal DUI Breath Test Refusal DWI, Alcohol or Drugs DUI Citizen Driving after Drinking, 18-20 Drive after Drinking, Juvenile Felony DWI Category Subtotal Traffic Arrests Driving Suspended/Cancelled or Revoked Driving without a license Failure to insure vehicle FaiC to stop for Peace Officer (Elude) Fail to stop for a school bus Reckless Driving Category Subtotal Warrants Arrest Warrant Fail to comply with conditions Fail to report Failure to satisfy judgement Failure to appear Probation/parole violation Violate Condition of Release Category Subtotal )(r atil g(rs 1 11 I.. 72 i rtir 77 77 i 49,5, Flits r 128 'A i; r iTi ffiri 2 5 ii 1 5 iitirriralt(iratiri 1 !if "'Tier 1 fr i 1 rii1r 16 r 11 86 13 -209- 1 149 -i 11 La. 2 08 202 l�W 8 15 1 Lad- rr:rrir rrirrrrrr rrr;rsTr.frrrF.,Trgirri,rrrr Irrrrrrr417 1 Agi.;,- 85 rii)tritigpr irirrirre 78 77 1 0:74,1:, 17 rg 3 x:2 'r' ffplitiff.r 4 ,-)10r ri i r 24 ::::;:gz-,2• 2 4 73 ikrifirtirt 3 88 r 1 ii 100.rtir 1 08 902:rilli 1 2 5 2 ir: ifriirrrir 17 rirt,:, 2 5 3 1 at 18 err.,„ 1 rr iiiirtitiii g"'z eirii86(iiiiitirr 24 ai r$W9....,rorirrirr 538 WAfrirrriirrr 34 .i.i. r Ign 152 Ia 2 173 131 1:1311 .1. Kenai Police Department End of Year Report 20W Weapons Offenses Explosives/Incendiary problem Fireworks Weapons Offense Category Subtotal a4P-7? Other Offenses Alcohol Offenses Juv <18 Non-Traffic Communications Offense Criminal Mischief Cruelty to Animals Disorderly Conduct DVRO Violation Escape Extortion/blackmail Fugitive from justice Harassment 1 Interfere wit report of a DV crime 31 Intoxicated Person 9 Kidnapping/abduction Littering6 Mail Tampering Mental Subiect Missing person Non-sufficient funds checks Obstruction of justice Other criminal Perjury Prowler Reckless endangerment Stalking Threats Tobacco Problem Trespassing Unlawful UnlawfuF contact Category Subtotal CHANGES FROM 2009 REPORT: None. 9 46 -ctt 16 13 1 1 16 5 Resisting/interfere w/ arrest 9 1 Of 5 1 14 -210- 2 4 53 11 15 37 t: leittti 7 tttettAtt.::- 39 5 7 5 3 2 26 P. fl 2 31 i1ii23 ett:: 8 6 TW .100 21 RIM 21 glia nifitg 24 AWN 7 3 36 Kenai Police Department End of Year Report 2010 All Other Service Calls 2010 2009 2008 Abandoned Vehicle 87 83 76 Agency Assist Other 392 220 211 Agency Assist Soldotna Police Department 57 42 26 Agency Assist Alaska State Troopers 244 270 282 Agency Assist Kenai. Fire Department 126 136 106 Alarms 280 184 162 Animal Problem 186 190 173 Attempt to Locate 12 19 11 Attended Death 7 8 4 Attempted Suicide 2 8 6 Citizen Disputes (Civil problems) 301 271 327 Citizen Assists 440 474 359 Community Relations 47 67 141 Criminal Intelligence 2 DVRO service (Restraining Order service) 46 70 51 Extra Patrol Request 93 126 121 Juvenile Runaway 26 12 17 Juvenile Problem 106 123 149 LostTound Property 149 132 147 Noise Complaints 90 110 117 Other Non Criminal 26 72 137 Parking Problem 60 44 40 Possession of Burglary Tools 2 Protective Custody Drugs, Alcohol or Mental ssues 31 21 14 Recovered Stolen Property 1 Suspicious Person 75 135 94 Suspicious Circumstances 048 1075 781 Suspicious Vehicle 83 101 112 Traffic Hazards 127 1.'18 107 Traffic Offenses 642 671 522 Unattended Death 18 14 11 Unsecured Premises 18 14 7 Vagrancy 0 Vehicle in Ditch 36 51 76 Vehicle Serial Number lnspeetion 2 2 1 Welfare Checks 286 278 231 MUNINCIPAL ORDINANCES Blocking Snow Removal 31 45 27 Camping Violation 13 14 12 Motorcycle /Recreational Vehicle Problem 30 56 19 Other Municipal Ordinance Violations 34 28 65 Snow machine Violations 14 18 TOTAL 5156 5305 4760 All Other Service Calls gives a broad picture of the department workload that is outside of arrests and criminal offenses. This work is necessary to maintain a healthy and safe community. 15 -211- 20V- (0) Affijninn 16 -212- Michael Nusbaum Communications Supervisor 6 years service US Army 4 years APCO Registered Public- Safety Leader Nancy Wiles Dispatcher /Clerk 12 years service Alaska Business College Greg Beckman Dispatcher /Clerk 9 years service US Coast Guard 20 years Erica Shinn Dispatcher /Clerk 3 years service Bachelor of Arts; Communications Stacey Day Dispatcher /Clerk 2 years service Associates, Basic Nursing Travel /Tourism Lisa Linegar Dispatcher /Clerk 1 years service Associates of Arts Andrea Trujillo Dispatcher /Clerk Under one year service COMMUNICATIONS DEPARTMENT EMPLOYEE BIOGRAPHY 2010 Danielle Braun Dispatcher /Clerk 1 year service Bachelors Degree, Marketing and Management 17 -213- the of KENAI ALASKA MEMO: V'�� aye with a Past, a mat a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 IIj Telephone: 907 283 -7535 FAX: 907 283 -3014 i) 1 TO: Gus Sandahl Police Chief FROM: Mike Nusbaum Communications Supervisor DATE: February 22 2011 SUBJECT: 2010 Communications Department Report The Communications Department is often the first point of contact for citizens requesting emergency services, animal control, ordinance enforcement and other city services, Our employees are responsible for taking calls for service, codifying them for data entry and dispatching the appropriate personnel. We answer 9 -1 -1 lines, 16 administrative lines (18 lines after hours and on weekends /holidays), four radio frequencies, the FAA "crash phone" and the peninsula -wide Crime Stoppers line. All staff are trained and certified to perform Emergency Medical Dispatching, which is a standardized series of questions and instructions to can out pre arrival medical care in order to stabilize patients before the arrival of EMS personnel. We are a dedicated E9 -1 -1 Public Safety Answering Point (PSAP). We also serve as the back -up center for the Soldotna Public Safety Communication Center (Soldotna Post AST) in the event of technical difficulties or emergencies. During the 2010 calendar year Communications processed 7,385 police calls for service and 1,230' Fire/EMS calls for service. 2,901 calls were received via 9 -1 -1 during the course of the year, 60% of which were made by callers on cellular phones. During the course of the year Communications has handled on average 3,250 administrative calls per month. We also monitor city alarms for the Airport and Water Sewer sites. We dispatch calls received from alarms for business, residential and financial institution security systems. We routinely handle walk -in customers for "fix -it tickets report requests, officer interviews or informational inquiries 24 hours a day, seven days a week. The Communications staff provides wide- ranging administrative support to the Police Department in the way of record keeping and case file construction for submission to various criminal justice system agencies. Statistical data is gathered and forwarded as needed, including New fire records management software calculates calls for service different than previous years. Although this number is different than previous years the services provided to the community have not reduced. 18 -214- 1992 FBI Uniform Crime Reporting, National Crime Information Center reporting, Alaska Public Safety Information Network and Crime Stoppers. Archiving Police and Communications Department records is a task we perform constantly. In February, 2010, our department received a grant from State Farm Insurance to purchase a 9 -1- 1 simulator phone. The simulator is a portable system that allows our personnel to provide a more realistic training environment during our 9 -1 -1 education classes. During February Communications personnel provided 9 -1 -1 educational training to first grade classes at Kaleidoscope and Mountain View Elementary schools. We also selected a 12 year old male Kenai resident to receive our "9 -1 -1 Herd" award of 2009. In March, 2010, the Connnunications Dispatch Center received a significant remodeling with funding through a federal Justice Assistance Grant. A new ergonomic desk system was put in place, subsequently allowing existing wiring and cabling to be rerouted and moved. The grant also allowed our department to consolidate all of our existing computer servers and other network equipment into a large server rack, moving them from various locations in dispatch and storing them in one easily accessible location. Department personnel volunteered their time to clean and paint the dispatch center before the new furniture and equipment was put in place. During 2010, Communications personnel attended various training to include Uniform Crime Reporting, Applied Suicide Intervention Skills Training (ASIST), Crystal Reports, Fetal Alcohol Disorder Syndrome, CPR /First Aid, Spillman records management system user training, managing and supervising, the Alaska Symposium for Emergency Communications (ASEC) Conference, APSIN Terminal Security Officer training, Dispatchers Role in Officer Safety, and Emergency Medical Dispatch recertification. All Communications personnel maintained their required certifications for the year. Composition Dogs: 863 Cats: 575 Other Species: 38 Disposition Claimed: 230 Adopted: 609 Euthanized: 520 Miscellaneous Disposition: 14 KENAI ANIMAL CONTROL 2010 ANNUAL REPORT TOTAL ANIMALS HANDLED: 1,476 Intake Impounded: 830 Received from Owners: 543 Miscellaneous Information: D.O.A.: 103 TOTAL CALLS: 6,619 INFORMATIONAL CALLS: 5,513 FIELD INVESTIGATIONS: 1,106 KNOWN BORO ANIMALS: 468 VOLUNTEER HOURS: 1,11 1 STAFF: Brett Reid: Christi Matti: Cora Chambers: Stacie Mallette: 20 -216- Chief Animal Control Officer Assistant Animal Control Officer Assistant Animal Control Officer Seasonal Animal Control Assistant INFORMATION ITEMS 1 INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 6, 2011 1. 4/6/2011 Purchase Orders Between $2,500 and $15,000 for Council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. 3/16/2011 J. Beckmann, CARTS Executive Director, letter requesting $5,000 to supplement CARTS FY2012 budget. 4. 3/9/2011 M. Kebschull memorandum regarding Comprehensive Plan Update. 5. 3/31/2011 C, Cunningham memorandum related to 2011 Lease Renegotiations. 6. 3/17/2011 James Rowell application for commission appointment (currently no vacancies on either Planning Zoning Commission or Parks Recreation Commission). 7. 2/22/2011 Ryan M. Tunseth application for commission appointment (currently n.o vacancies on the Parks Recreation Commission). 8. 2011 Alaska Gaming Permit Application Friends of the Kenai Community Library. -217- 0 LL 0 0 0 0 3 z O O O O O CN te W W a W CO Li. N Q W z F- W W N U a z R' 7 D. U 0 o 0 o 0) o o d 0 d ca 0) (Ni ai 70 0 o w m °1 M1- rC td tr Ki N ri w U z z W F W W W CC CC C O LT u. u) W z 5 0 a -218- March 16, 2011 Pat Porter, Mayor City Council Members City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Dear Mayor and Council Members, We would like to submit a request for Central Area Rural Transit System, Inc. for fiscal year 2012. Central Area Rural Transit System, Inc. provides demand responsive door to door public transportation in the central area of the Kenai Peninsula Borough. CARTS service area includes the cities of soldotna and Kenai and the communities of Funny River, Sterling, Kasilof, Nilciski and all points in between. Rides are available for people going back and forth to work or work related training 24/7, all other trips are delivered from 7 am to 11 pm and Saturday and Sunday as requested, except for observed holidays, CARTS delivered 47,769 trips in calendar year 2010, which brings our total trips delivered to 488,656. For CY2010 33% of CARTS trips were people traveling back and forth to work or work related training; 23% were elderly or disabled; 30% were going to medical appointments; with child /adult care programs, shopping /recreational, school and support services making up the rest of the trips. CARTS helps people with no other transportation options get out and be a part of their community. We appreciate the support the City of Kenai has given us in the past and respectfully request $5,000 for FY 2012 which will be used to leverage Federal Transit Administration 5311 Rural Transportation dollars. In addition, if Senate 13111 77: "An Act making a special appropriation to the Department of Transportation and Public Facilities to provide matching grant funds for operating expenses for certain locally and federally funded public transit projects" passes, it will help CARTS leverage some of those funds as well. These funds will be spent on ride delivery in the central area. Thank you for your attention to this request CARTS administration would be happy to meet with you and discuss this request. Sincerely, er Beck cutive Di -219- RECEIVED MAR 18 2011 AI CITY CLE MEMO: Village with a Past, Gc with a Future /1 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 `1 1992 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration'` DATE: March 9, 2011 SUBJECT: Comprehensive Plan Update Since the award of the contract for the Comprehensive Plan on February 16 two meetings have been held with Glenn Gray and Eileen Bechtol to begin planning for the update. At the initial meeting, Gary Greenberg of Alaska Map Company met Mr. Gray and Ms. Bechtol and GIS needs for the plan were discussed. The first community meeting is scheduled for April 23 beginning at 9 a.m. (with registration at 8 a.m.). The meeting will be held at the Senior Center. A mailing list is being compiled using contact information from the last plan, City Boards Commission members, Chamber of Commerce mailing lists, Kenai Peninsula Borough Assembly and School District representatives and the Town Hall Meeting attendees. If anyone has names to add to the list, the information should be sent to Planning Assistant Nancy Carver at ncarver anci.kenai.ak.us, In addition to mailing invitations, we will be publishing notice of the meetings on bulletin boards at City Hall, the Kenai Post Office, and Kenai Courthouse. KSRM and KOLL radio stations will be asked to announce the notice as a public information message and the Peninsula Clarion will be asked to include the notice in the "Around the Peninsula" section of the newspaper. Official notices for the meetings will also be published in the Peninsula Clarion. Prior to the meeting on April 23 a Department Head meeting will be held on the morning of April 21 Department Heads will review the collaborative process and prepare for meeting with Boards and Commissions that evening (4/21/11) and the public meeting on April 23` The Board Commission meeting will be held at City Hall in Council Chambers starting at 6 p.m. Invitations will be sent to Boards and Commission members in the next week asking them to "save the dates" for these meetings. Clerk Freas will be adding a link on the City's web page. The link will provide access to information on meetings and status reports on the Plan. -220- MEM Attachment o: Vi Ia e with a Past, Ciij with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us ire city KENiAA ALASKA 1911 1992 TO: City Council THROUGH: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager DATE: March 31, 2011 SUBJECT: 2011 Lease Renegotiation The purpose of this correspondence is to provide the attached list of leases which were subject to renegotiation of their rent in 2011. Only six of the 12 leases listed required individual appraisals. Appraisals were performed on these parcels by Derry Associates, Inc., on February 7, 2011. The rent for leases within the Airport Reserve was calculated using the 2010 zone -based appraisal performed by Derry Associates, Inc., on April 9, 2010. In addition to the renegotiation of annual rent, the rent adjustment cycle was amended to years ending in zero and five. The next rent adjustment for leases renegotiated in 2011 will be performed• in 2015 rather than 2016. The new rent will be effective for four years between July 1, 2011, and June 30., 2015. -221- Lessee Name Legal Description Effective ''I: Date Expiration Date Term 2011 Appraised Value Rate of Return 5D% Current Annual Cap, Rent 2011 Annual Rent ee luH %Dill. C.R. Baldwin O AtA, Block 5 4/21/1977 6/30/2032 55 576,989.00 8% No 53,720,00 $6,159.12 39% Crowley Marine Servi tic. Lot 341, FB0 7/27/1984 6/30/2081 97 $56,068.75 6% Yes 51,920.00 52,580.00 33% Dan 0. Pitts Lo22A1, Blodc 1, FB0 8/1/1984 6/30/2081 97 5121 6% Yes 53,960.0 55,940.00 330 Dan 0. Pitts Fo Block 1, 8/1/1984 6/30/2081 97 5138,173.70 6% Yes $3,720.00 55,580.00 33% Decor Inlet Industries Lot 1, Block 3, HAP 3/1/1967 6/30/2022 55 $76,500.00 8% No 53,690.00 $5,120.00 39% Decor Inlet rodustries Lot 4, Block 3 049 3/1/1967 6/30/2022 55 $1.92,500.00 8% No $8,640.00 515,400.00 43% Decor inlet Industries Lot 2, Block 3, CRAP /19n7 6/30/2027. 55 574,000.00 8% No $3,570.00 55,920 .00 39% Integrated Account Management, Ina, John Parker Mary Parker Lot 3, Block 3 CHAP 3/1/196'7 6/30/2022 55 575,500.00 8% No 53,690.00 56,120.00 39% Kenai Fabric, Inc. Lot 3 Block 5, 6/1/1976 6/30/2031 55 576,989.00 8% No 53,7 $6,159.12 39% Mltak,100 Lot 1, Aleyeska Subdivision 5/5/1967 6/30/2022 5S $570,000.00 8% No 527,000.00 545,600.00 40% Jacqueline Ann Swenson Lot 6, Block 5 GAA 4/14/1967 6/30/2022 55 576,989.00 8% I' Jo 53,720.00 $6,159.12 39% Rockwell Smith, d /b /a Preferred Plumbing Heating Lot 10, Slcok 1, Etolln Subdivision 5/15/1991 6/30/2090 99 $143,500.00 6% No 56,840.00 58,510.00 20% 2011 Lease Renegotiations Appraisals Performed by Derry Associates -222- DATE: P\ Mc\ lc NAME: J L MF C F. Rc 7 �c Lt. Resident of the City of Kenai? y "E Residence Address 2 EMPLOYER: L. rr c.s C-%2uu v NAME OF SPOUSE: Ss(FnIA‘wro�C∎snJt Current membership in organizations: 1 s •D•L. Nt Soc ‘Cri crr (.a s CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED MAR 18 2011 1 lh1 ty-c Past organizational memberships: s ens a_J cm Mailing Address 2110 WAry'rcrtz.atc Home Fax No. n! //s. Business Fax No. nt May we include your contact infor include? How long? Looc{ 1 M ol..1"-1 !A COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: srcn4N■ iws 4 14 c up ci RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 V e y ,givroS. Home Telephone No. 90. 690 C5819 Business Telephone No 907- 640. OM 9 Email Address; ,?r. rser,�el\ e..? fl \ta ssk��s 9 co,�O. co,.� ation on our web page? AD If not all, what information may we Job Title f s ..0 E44r C. C LA WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? (xi �i�� .a M:.trl Gran 0 G 2.. n1 Eta c2 CU i .le\ L WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? w.. �&S'M K. 2SCC0 A4 a� +.n e u i cc 'emu 5 -.4 DATE: 02/22/2011 NAME: Ryan M. Tunseth EMPLOYER: XTO Energy Inc. NAME OF SPOUSE: Heidi 'Village with a past City with a future." ACKGROUND AND PERSONAL DATA ATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS How long? 27 Years Job Title EHS &T Coordinator RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE I£ENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283.5068 Resident of the City of Kenai? Yes Residence Address 19767 Kenai Spur H.:/ Space E Kenai, AK 99611 Mailing Address Box 1922 Kenai, AK 99611 Horne Telephone No. (907) 283-9009 Horne Fax No. Business Telephone No (907) 776 -2510 Business Fax No. Email Address: ryan_tunsetn @xtoenergy.ucm May we include your contact information on our web page? ALL If not all, what info, mation may we include? Please only include my phone contacts and email and mailing address, Do not include my residence address Current membership in organizations Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Parks and Rec! or others if needed WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? Because I love our community and want to work to improve it. I have 2 young children and I am married. Kenai is my home. It is where I grew up, end where I intend on raising my family. Serving to improve the duality of my life and others in this city would be an honor. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? I have a B.S. in Environmental Science and a Minor in Political Science, come from a family with extensive political history in this area. My crandfalher, George Navarre, was the KPB Mayor. My uncle, Mike Navarre, also served as the KPB mayor followino his lona tenure as Kenai 's reprentative in the Alaska State House, -224- 077 OF ICE 2011 Alaska Gaming Per Organization Information N I frerrewinq, enter e°" 0/33770 orgard]mion 04L>S OF I/E*AM! Entity type (check one) )itCrvpotation Partners* Association Snrialspittoo n e primary member passed the test? We declare, wide penalty alunnmrn fals1dwrio falsenmemmt mode on the a774pwn0nw 0epcutmenrafRrrenue re r anymm Alternate k m [srarae's sgnaure 826 ger eZx 6 5n Organization type (check on oseatlt &icor sender ua OYes No does the organization have 25or more tpe it Application Mall to Alaska Department et Revenue -Tax Division PO Box 110420 Juneau, AK 99811 0420 Phone (907)465 -2320 Fax (907)465 -3098 wwwtox.aiuga.gov/goming Primary member first name ve fa Pd munbelan �i� r� Rz j 7 Legal Questions These questions roust answered. If you answer Yes toe�'r No Does any member of management or any person who is responsible for gaming oyes activities have a prohibited conflict of interest as defined by 15 AAC 160.954? h IIIE „LIlCWily defini ions, see AS 05.15.690 and 15 MC 160.995 o Rdtmal Labor Mlmidpaliry Nanpto&vade association Q outboard motet association defined in yaw artides d.snrporati ®r Members in Charge of Games Members in charge must be natural persons and active members of the organization, or employees of the municipality, and designated by the organization. Murders in Jorge may not be licensed as an operator, be a registered vendor or an employee of a vendor for btis organization. itmore than one altercate, wads a separatesheet a bet name 7 hJP©k Rid 252 71 Nome °ry Kai »l AK basilic edentate !member passed Merest? Yes ❑No g‘ Permit 0 unQAPSt was Taken S eel s any member of management or any person vvho is responsible for gaming ascNhies ever been convicted ofa felony, extortion, or a violation of a law or ordinance of this stare, or another jurisdiction, that Is a crime Involving theft or dlshonesay, or a violation of gambling laws? we how examined this ooilire lam including any onamments, ond rhorTo the best of our knowledge and beriefhh true andwmotor. We understandthat any panishable bytkva. By our signorine below, we rne wintery membek the alternatemembet oad h! oppkohle the manager al games ogrer m allow the avr, in accordance with 15 MC 760.934. Prn n Prinre rated era One copy otthe application must be sent to the nearest municipality or boruugb. See instructions for mandatary attachments Pay online with OTIS at wwwrax.olrsska.gov or make check payable to State of Alaska. New applic nts must pay by check. Retain a copy tor your records -225- Mee I I Police or re depanrnent Political ❑Religious Veterans IRA/Native berlast Da 826 J. Mgrrep Dae 18-i1 Mgrr o �e /.18 1 T .�vairs a/ Da 1I Permit Fee Me permit tee is based an 2010 estimated gross receryNS (hed the appropiate bet. S0- S20,000 520 5 20,001 $100,000 $100,001 or more $100 New applicard S20 S50 Form 64(15-1126.1 web Aev 10/10 for 2011 -page 1 U U4 1 111 0 5 FCI ODUII Att ain tutovttovus a o. i_ va. t Suit A K 8arar »glwrstOrename PhysiCataddresc Coy State AK ZN Bar or 11 re name Physical address ry y tat S e AK h p +4 Bar a 'lewd store name Physical address City Slate AK Dp +4 Bar or liquorsmre name Physical address Cny State AK iro Bar or Uquorstore name Physical address City Stare AK lip +4 1 01 L1111J' VU01. U 41U1 r, 4J ,J..... r..---.. p pNK alrn tNV to\IYnp, uua.n. va. t Suit A K To i Fatiity name B. F.0, (ELK Lao D l addr e` WACz W y ©Calculi Fanny rype (rhea one) 0Owned Dim d apwatod Gametype (m erkaPmatapply) [ygrgo 4R;ffce DM -jabs DAmrnal classic (dirckenle 0ArumaldasscItattce)` ❑Spetsa9 draw Ole Fadiuy wine t adthess w,_ Qty state AK Lip +4 fa cility type (check one) D Owned ❑leased °Donated Lamelype (dteckan tltat appiy) 0 g 0 Raffle ©Pull -talss Mind classic (chicken 0 Ant'nal datdclratracer 0 Special Mary Far 0 Glomapnot "rettrirmdyamPNRi see twitchers kr mandatory D F f s D ©f Eleg* ;mu w rI17r.r 1, �.-ne! (_',mnc Icolf_dirP Area MaragerinA name based Games Irmorethan *4 KIN r1F! Manager of Games Re Home dialling address 86 address d pull -tabs and bingo. last name Operator informatio Designate operator who will conduct ac ivitles o i Yt organizatirxl's behalf Canting pennit4 y J8.33 2011 ALASKA GAMIN PERMIT APPLICATION GAMES OF CHANCE AND CONTESTS OF SKILL Path a separate sheet type (tea at that apply) Rayne Dearestetskdl ❑Fish derby O Dag mashers' contest OCaasie(spedM dsaraPWy) Rank OCamescofsklD OFsh derby O Dog mashers' contest OClassic(sledry) igned operating c na Multiple- beneficiary Permittee information (MBP) 1.)A Designate the MBP with which the organization has signed a p or jtxnt- venture agreement MBP name hairy name MBPpetniM Physical addicts State Game type(s) hp 4 Dedication of Net Proceeds Describe in detail how the organization will use the net proceeds iro m gaming activities. Retain acopyfor your recant Foam 0405- 826.21vehRev 10110 for 2011 -page? -226- Daytime phone number gerofgames pa t? es No t(s). If m ore than one o perat or. attach a separate sh Mobile phone Zip 44. to ?wets 826 nderwhichtesttaken COUNCIL APPEARANCE REQUEST Office of the City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283-8231 Fax: (907) 283-5068 Email: cfreas @ci.kenai.ak.us NAME: ('AVrtvue.() Skvo lI Mailing Address: 3STD 1-;"S I7-5/L.rac4,io{ rr 1-. I V- e,�„ at), �q-K °79c Residence Address: �(P?pR &z.ra v[_. fit/!n 4c 7 l q f Daytime Phone: 10 7- _24( °/)_c¢ k vi Brief Description of Topic: FD Carinq y -the Kenai 9vOI (,'hick J Ccrar 1.3e icJ Jav n i5 ahau t Tie Mean -up of the_ ev 0 khay Preferred meeting date: Will City equipment be needed? Date: Signature: Providing written statement /material for inclusion in the council packet is encouraged. Deadline for submittal is normally Wednesday, Noon, the week prior to the council meeting (unless a holiday changes the packet preparation day). Will electronic equipment be used for your presentation? P 5 t) po Wei poi n Will you provide personal equipment? I r an/loiter *Setup of electronic equipment MUST BE completed before 5:00 p.m. of the council meeting day. Contact the City Clerk for appointment (283- 8231). Projector Laptop Received by City Clerk: Date 1 Time 7 :499fr NOTICE OF PUBLIC HEARING APRIL 6, 2011 CITY OF KENAI COUNCIL MEETING 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. 2537 -2011 Amending the Kenai Municipal Code chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. (Clerk's Note: At the February 16, 2011 council meeting, Ordinance No. 2537 -2011 was postponed for referral to the Planning Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing. A motion to enact Ordinance No. 2537-2011 is active.) a. Ordinance No. 2537 -2011 (Substitute) Amending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. 2. Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by $2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. 3. Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by 86,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds. 4. Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by $3,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. 5. Ordinance No. 2543 -2011 Increasing Estimated Revenues and Appropriations by S30,000 in the Municipal Park Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion. 6. Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by 560,000 in the Cemetery Improvements Capital Project Fund. a. Ordinance No. 2544 -2011 (Substitute) Increasing Estimated Revenues and Appropriations by $30,000 in the Cemetery Improvements Capital Project Fund. 7. Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence and Making Technical Corrections. 8. Resolution No. 2011 -26 Supporting House Joint Resolution No. 17, Urging the United States Congress to Pass Legislation Ensuring State Primacy Over the Regulation of Drinking Water and Wastewater Treatment. 9. Resolution No. 2011 -27 Supporting Senate Bill 100, Which Would End Requirements for Termination Studies in Limited Circumstances. 10. Resolution No. 2011 -28 Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled, "Lawton Drive /Beaver Loop Water Main Extension 2011," for the Total Amount of $988,615.00. 11. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center (Recreational Site, License No. 3209) 12. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE L M Ventures, Inc., d /b /a Little Ski Mo Drive Inn (License 1774) The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fi.d.algo 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 Fidaigo 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. Carol L. Freas, Cit Posted: April 1, 20 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF APRIL 6, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. Ordinance No. 2537 -2011 (Substitute) A-mending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. 2. Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by S2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. 3. Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by $6,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds. 4. Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by $3,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. Ordinance No. 2543 -2011 increasing Estimated. Revenues and Appropriations by $30,000 in the Municipal Park Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion. 6. Ordinance No. 2544 -2011 (Substitute) Increasing Estimated Revenues and Appropriations by 530,000 in the Cemetery Improvements Capital Project Fund. 7. Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence and Making Technical Corrections. 8. Resolution No. 2011 -26 (as amended) Supporting House Joint Resolution No. 17, Urging the United States Congress to Pass Legislation Ensuring State Primacy Over the Regulation of Drinking Water and Wastewater Treatment. 9. Resolution No. 2011 -27 Supporting Senate Bill 100, Which Would End Requirements for Termination Studies in Limited Circumstances. 10. Resolution No. 2011 -28 Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled, "Lawton Drive /Beaver Loop Water Main Extension 2011," for the Total Amount of $988,615.00. 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. fy Carol L. Freas,`City Clerk Posted: April 7, 2011 AGENDA KENAI CITY COUNCIL— REGULAR MEETING APRIL 6, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Teens Against Tobacco Use (TATU) Dangers of Secondhand Smoke 2. Courtney Stroh "Caring for the Kenai' Project/Beach Cleaning After Dipnet Fishery. 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. 2537 -2011 Amending the Kenai Municipal Code chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. (Clerk's Note: At the February 16, 2011 council meeting, Ordinance No. 2537 -2011 was postponed for referral to the Planning Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing. A motion to enact Ordinance No. 2537 -2011 is active.) a. Ordinance No. 2537 -2011 (Substitute) Amending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. 2. Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by $2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. 3. Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by $6,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds. 4. Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by 53,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. 5. Ordinance No. 2543 -2011 Increasing Estimated Revenues and Appropriations by 530,000 in the Municipal Park Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion. 6. Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by 560,000 in the Cemetery Improvements Capital Project Fund. a. Ordinance No. 2544 -2011 (Substitute) Increasing Estimated Revenues and Appropriations by 530,000 in the Cemetery Improvements Capital Project Fund. 7. Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence and Making Technical Corrections. 8. Resolution No. 2011 -26 Supporting House Joint Resolution No. 17, Urging the United States Congress to Pass Legislation Ensuring State Primacy Over the Regulation of Drinking Water and Wastewater Treatment. 9. Resolution No. 2011 -27 Supporting Senate SHE 100, Which Would End Requirements for Termination Studies in Limited Circumstances. 0. Resolution No. 2011 -28 Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled, "Lawton Drive /Beaver Loop Water Main Extension 2011," for the Total Amount of 5988,615.00. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE Alaskalanes. Inc., d /b /a Alaskalanes Bowling Center (Recreational Site, License No. 3209) 12. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE L M Ventures, Inc.., d /b /a Little Ski Mo Drive Inn (License #1774) TEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. Ordinance No. 2546 -2011 Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted,' and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. 4. *Ordinance No. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase 1. 5. *Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. 6. *Ordinance No. 2549 -2011 Increasing Estimated Revenues and Appropriations by $945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System. 7. *Ordinance No. 2550 -2011 Increasing Estimated Revenues and Appropriations by $407,374 in the Water Sewer Special Revenue Fund and By $2,477,374 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Wet. 8. *Ordinance No. 2551 -2011 Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water Sewer Capital Project Fund, $93,714 in the Water Sewer Special Revenue Fund, and by $895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 9. *Ordinance No. 2552 -2011 Increasing Estimated Revenues and Appropriations by $288,000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon -to -Be Constructed Water Treatment Facility and the City's Water Transmission System. 10. Discussion Joint Work Session with Kenai Peninsula Borough Assembly /Administration and City of Soldotna Council /Administration. 11, Discussion Request to Purchase /From Ma Pa Alaskan Treasures, Inc. Lot 2, Block 1, Gusty Subdivision. 12. Discussion Schedule Additional Budget Work Sessions 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 D/211 AGENDA KENAI CITY COUNCIL REGULAR MEETING SATE OF ALASKA ss: APRIL 6, 2011 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenafak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public commernt d tx I limited to 10 minutes per speaker) 1 Teens Against Tobacco Use (TATU) Dangers of Secondhand sworn, on oath deposes and says: Smoke 2 Courtney Stroh "Caring for the Kenai" Project/Beach Cleaning After That I am and was at all tunes here Dipnet Fishery ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes in this affidavit mentions.. Supervisor of per speaker Persons may give their time over to another speaker present, however no single speaker may speak for more than 30 minutes combined on their own and on others' 1. Ordinance No. 25374011 Arnending the Kenai Municipal Code chapter 3.10, Control. and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the citation Procedures and Penalties for Violation of Ordinances and Making Technical Changes and Corrections. (Clerk's Note: At the February 16, 2011 council meeting, Ordinance. No. PO /193476 2537 -2011 was postponed for referral to the Planning Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing. A motion to enact Ordinance No. 2537-2011 is active.) published in said paper one each and a, Ordinance No. 2537 -2011 (Substitute) Amending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, every day for one successive and to Provide for New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for consecutive day in the issues on the Violation of Ordinances, and Making Technical Changes and Corrections. 2. Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by $2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. 3 Ordinance No 2541.2011 Increasing Estimated Revenues and Appropriations by $6,118.50 in the General Fund Police Department X for State Bureau of Highway Patrol Grant Funds: 4. Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by $3,51920 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska: 5 Ordinance No 2543.2011 Increasing Estimated Revenues and Appropriations by $30,000 in the Municipal Park Playground Expansion Capital. Project Fund to Complete Engineering and Design Work for the Expansion. 6 Ordinance No 2544 -2011 Increasing Estimated Revenues and Appropriations by $60,000 in the Cemetery Improvements Capital Project Fund. a Ordinance No. .2544- 2011 (Substitute) Increasing Estimated Revenues and Appropriations by $30,000 in the Cemetery Improvements Capital Project Fund. 7 Ordinance No 2545 -2011 Amending Chapter 14 24, "Development Requirements Tables" of the Kenai Municipal Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence and Making Technical Corrections. 8. Resolution No. 2011 -26 Supporting House Joint Resolution: No. 17, Urging the United States Congress to Pass Legislation Ensuring State Primacy Over the Regulation of Drinking Water and Wastewater Treatment. UNITED STATES OF AMERICA, Denise Reece 1.egals of ttae Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda a printed copy of which following dates: April 4, 2011 f Alaska. WASHER'S A s hereto annexed was AND SWORN to N O"I'ARY PUBL in favor I'm IViy Commission expires 26- Aug -12 0 Is ()TARY PUBUG OF um UNITED STATES OF AMERICA, STATE OF ALASKA 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 Lega Is of the Peninsula Clarion, a news- paper of general circulation and published al Kenai, Alaska, that the Counc;i1Agenda PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues 00 the following dates: April 4, 2 0 1 1 SUBSCRIBED AND SWORN to me before .th's 7th day of April PUBLISHER'S An 'DAVIT i st.s&I>LA NOTARY PUBLIC in favor for the State of Alaska. •My COMMiSSiOn expires SS: 2011 26-Aug- 011111110 ca AR Y PUBIS' 4 F AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 6, 2011 7:00 PA. KENAI CITY COUNCIL CHAMBERS 9 Resolution No. 2011-27 Supporting Senate Bill 100 Which Would End Requirements for Termination Studies in Limited Circumstances 10. Resolution No 2011-28 Awarding a Contract to North Star Paving and Construction Inc for the Project Entitled, 'La ton Drive/Beaver Loop Water Main Extension 2011," for the Total Amount of $988,615 00 11. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE Alaskalanes, Inc d/b/a Alaskalanes Bowling Center (Recreational Site, License No. 3209) 12. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE L M Ventures, Inc d/b/a Little Ski Mo Drive inn (License #1774) ITEM F. UNFINISHED BUSINESS ITEM G NEW BUSINESS 1 Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3 Ordinance No 2546-2011 Amending KMC 14.22,010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR-1 Zoning District, Including Changing Many "Conditional Uses" to Uses Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR-1 Zone. 4 *Ordinance No. 2547-2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Prdect Funds for the Purchase of Snow Removal Equipment, Phase 1 5 *Ordinance No. 2548-2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. 6. *Ordinance No 2549-2011 Increasing Estimated Revenues and Appropriations by $945 000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment FaciHW, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System. 7 Ordthance No. 2550-2011 Increasing Estimated Revenues an d Appropriations by $407&74 in the Water Sewer Special Revenue Fund and By $2,477,374 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production 8. itOrdinance No, 25514011 Increasing Estimated Revenues Well. es a Appropriations by 5175,000 in the Bridge Access Water Sewer Capital Project Fund, $93,714 in the Water Sewer Special Reve nue Fund, and by $895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of Water Treatment Facility and Drilling of a New Water Production Well 9. *Ordinance No 2552-2011 Increasing Estimated Revenues and ,nropriations by $288,000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon-to-Se Constructed Water Treatment Facility and the City's Water Transmission System. 10 Discussion Joint Work Session with Kenai Peninsula Borough Assembly/Administration and City of Soldotna Council/Administration. 11. Discussion Request to Purchase/From Ma Pe Alaskan Treasure Inc Lot Z. Block 1, Gusty SubdWision. 12. Discussion Schedule Additional Budget Work Sessions 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.kenatak.us Carol L. Frees, City Clerk D646/211