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2011-05-18 Council Packet
MAKE 18 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Mayor /Council (5) (Porter, Boyle, Bookey, GabrsjEl, Moore) Finance (1) 1 Clarion (1) Clerk (2) Library (1) Attorney (1) City Manager (1) Student Rep. (1) Hall Binder (1) Fire (1) KSRM (1) Mellish (1) Schmidt (1) Yr,1�9ClTU (( ELECTRONIC COPY NOTICE Send out notice to "All" with Zink to Council Packet. DELIVER Council and Student Representative Packets to Police Department Dispatch desk. tor 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 emaiied 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 (bell @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. COUNCIL MEETING OF: »-{-( /Ti X267/ MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER V MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER /4 Page of R S MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER a6a - gn /! M S V MOORE ¢� GABRIEL BOOKEY ,i MARQUIS MOLLOY fe ' y U/ r BOYLE PORTER COUNCIL MEETING OF: pia kb zai/ Ode' , m i MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER 17-^,e =rfr.s // MOORE GABRIEL BOOKEY S V MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER Page .g of -4 V MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS =Mai MOLLOY BOYLE PORTER M COMMENT SIGN-UP SHEET COUNCIL MEETING OF: in)-1 ig (6;20 NAME ADDRESS TOPIC OR AGENDA ITEM? it; c-AD kr PI—K-41/4_0 -70g- (e) eut AVE ) FL:act-Ho-a° ---\do ifos Mc _Co liLum Itu\ — 3o 1/4 k C L ttco..42., '3(ort r‘f<_1 be1/4-t_ i1/4) eu, -39ci Me a Lt—olek I 1+ n3-7e.s--Y 7/2// 5-3 5 .1, 'oey-rkkrt Kkter,74 2 (S-ct \i&thf i -70 OA COMMENT SIGN -UP SHEET COUNCIL MEETING OF: NAME 1116 k ADDRESS i z / if:/7(C)ii TOPIC OR AGENDA ITEM? �0! L IL /F9 cJ //J2RJt )c- 5 a. K 3gy E ?79 (go („a/c„_ ADD TO: None. MAY 18, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET D -1, Ordinance No. 2546 -2011 -- Email transmission from Kellie Kelso in support of Ordinance No. 2546 -2011. J. 'Tait, Planning & Zoning Commission Chair, letter reporting on Commission's work session of April 27, 2011. 5/17/2011 M. Kebschull, City Planner, memo identifying planned Planning & Zoning Commission work session and schedule. CONSENT AGENDA REQUESTED BY: CITY CLERK ADMINISTRATION Carol Freas From: Kellie Kelso [kkelso @alaska.net] Sent: Tuesday, May 17, 2011 6:00 PM To: Carol Freas Subject: Ordinance 2546 -2011 Dear Carol, Please find below my comments re: Ordinance 2546 -2011 for the May 18, 2011 council meeting. Thank you for your work in getting this to Council. Sincerely, Kellie Kelso Dear Council, I am unable to attend the May 18 council meeting, but wanted to address Ordinance 2546 -2011 Though I do not live in an area zoned RR1, I live in a neighborhood in Kenai which has been threatened by commercial encroachment and I have spoken to many Kenai residents who are concerned by similar threats. Please change the permitted uses of the RR1 zone land use table to those recommended in Ordinance 2546- 2011. After attending both the April 6th council meeting and the April 27th planning and zoning work session, I realized there were three recurring arguments for not proceeding with this important land use change: Argument #1: "It's moving too fast." What is this request really about? It's about people living in the most restrictive residential zone in the City of Kenai, who want to make sure it stays that way. The MAPS folks have been fighting for this ideal since 1985, the first time their residential neighborhood was under threat from commercial development. They fought for it again last year when they were able to defeat the push to rezone a portion of their neighborhood to Limited Commercial. They then tried to protect their neighborhood by spending countless hours working with the City to develop the MAPS Special Zone. Far from moving too fast, isn't it clear that it hasn't been moving fast enough? Argument #2: "This proposal has not followed the proper channels." These residents have tried for years now to follow all the proper channels and meet all the City requirements for effecting change. This is not meant as a criticism of any one city employee or city department, but I would ask Council to consider that city government's "proper channels" are a maze of very confusing rules that are almost impossible for the average resident to figure out. Why would a wonderful proposal like this be dismissed simply because some council members feel like it didn't follow "proper channels "? Argument #3: "Just wait for the results of the Comprehensive Plan." I was surprised to hear the argument that this change can't go forward until we find out what the new Comprehensive Plan will say. The current Comprehensive Plan says that we should protect the sanctity of our neighborhoods. I attended the Comprehensive Plan Meeting on April 23rd. Probably one of the single, biggest issues at that meeting was the need for exactly this kind of residential protection. At the April 27th planning & zoning work session, the City Planner said the Comprehensive Plan could take over two years to complete and in order to make a change like this, they would then need to look at the Land Use Table as a whole, which could take another couple of years to complete. Is it reasonable to ask these residents, who have acted in good faith and got signatures from 99% of their neighbors supporting this change, to wait an additional four to five years before moving forward on this issue? Thank you for your support of this positive step towards securing our residential neighborhoods. Sincerely, Kellie Kelso 117 Walker Lane Kenai JEFF TWAIT May 18, 2011 To Whom It May Concern: I would like to clarify for your information the Planning and Toning Commissions work session that was held on April. 27'1'. After the 2 hour and 40 minute work session the Commission went back on the record to discuss setting a public hearing. After a motion was made the commissioners began discussion, unanimously the Commission agreed that the work session had been a very productive one, however they also unanimously agreed that there was much more work to do on this proposed ordinance. Since the real basis of the proposed ordinance was to amend the Land Use Table we felt it would be irresponsible to set a public hearing when without exception all thought there was much more work to be done. As the work session went 00 more and more questions carne up regarding the proposed ordinance, which is typical in all of our work sessions. 'The confusion we had was that we were supposedly being mandated to hold the public hearing even if we hadn't felt it was ready. Beyond the fact that we didn't believe it was ready for a public hearing it seemed to us that we could possibly lose the ability to weight in properly in the future based on the fact that if we did not recommend approval of the proposed ordinance it would still go before Council and perhaps get voted on there for approval and we would never get the chance to do what we feel is our job to do. I feel it is our duty to do our due diligence in forwarding on to council a proposed ordinance that has been properly vetted by us and the public. Again all Commissioners feel that there are very sound proposed changes to the Land Use Table but wonder why we don't look at Land Use Table as a whole for the City. Although the new timeline proposed gives us more time to go through the work session process we would like the Council to consider giving it back to us to work on with no time tables so that we can make sure that we have properly done our job to the best of our abilities. Sincerely, Jeff Twait Planning and Zoning Chair NNi DI P. • ;� y,1;, A1'. • 9961'. P TON 9 99'7..283 -3919 \rhea) o/.; /' KENAI, ALASKA MEM TO: FROM: DATE: "Village with a Past, Gc with a Future" 1992 o: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 SUBJECT: fEC VE MAY 'I $ 20 ICEN/ (Try CL Rick Koch, City Manager Marilyn Kebschull, Planning Administration"\ May 17, 2011 Ordinance No. 2546 -2011 — Amendment to KMC 14.22.010 — Land Use Table — Rural Residential 1 (RR -1) Zone Councilor Molloy has submitted a memo to the Mayor and Council proposing a revised schedule for the Planning & Zoning Commission's review of the above - referenced amendment and setting a time certain for a public hearing before the Commission. A memo was submitted to you after the Commission's April 27th meeting. That memo identified the Commission's concerns with the proposed amendment. The Commission felt that the concerns being addressed by residents of the two RR -1 subdivisions were issues that should be considered for all residential zones in the City. The Commission believes, and administration concurs, that the Comprehensive Plan is the time to review existing land use and zoning and to make recommendations for proposed land use changes based on that review. As part of that process, the Commission will be reviewing the definitions for each zone and the Land Use Table. The Commission has set a work session for the June 8th meeting to begin this process. It is unknown how many sessions it will take to review existing land use, zoning, and make a recommendation for proposed land use. However, I believe it will take multiple work sessions. After that process is complete, the Commission has agreed to immediately begin a comprehensive review of the Land Use Table. The result of which would be a proposed amendment to the Land Use Table. Given the importance of this comprehensive planning effort to be undertaken by the Planning & Zoning Commission, they should be afforded the opportunity to work through the process without Council placing a compressed schedule upon them. I hope the Council understands the Commission's concerns and as result the proactive process that will begin on June 8th. And, I hope the Council recognizes that the Commission should be given sufficient time to complete a thorough review of land use and to consider amendments to the Land Use Table that will consider all neighborhoods in the City and provide equal protection for those neighborhoods instead of singling out the RR -1 zone. RK AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 18, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www,ci.kenai..ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. 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. Mark R. Landt, Buccaneer Alaska Operating, LLC, Cook Inlet Permitting/ Outreach 2. Greg Jones, Executive Director /Alaska Mental Health Trust Land Office and Jeff Jessee, CEO, Alaska Mental Health Trust Authority -- Review /Update of Trust Activities in the Kenai Area 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. 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 (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and for Council to consider.) 27 2. Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund... 108 3. Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation 110 4. Resolution No. 2011 -38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District 114 5. Resolution No. 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District 116 6. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012 121 7. Resolution No. 2011 -41 -- Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of $16,600 123 ITEM E: MINUTES 1. 'Regular Meeting of May 4, 2011 126 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding 15,000 141 3. *Ordinance No. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Election- - Canvassing Returns; KMC 6.05.1.20, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335, to Allow for Voting by Electronic Transmission and Making Technical Corrections 142 4. *Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012 150 5. *Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund.. 154 6. *Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require That the City Provide Residents of the City of Kenai With Free Services at the City - Own.ed Boat Launch and Parking Facility 157 7. Discussion /Action -- Ordinance No. 2546 -2011, Schedule Council Work Session 160 ITEM 11: COMMISSION/ COMMITTEE REPORTS l.. Council on Aging -- 2. Airport Commission -- 3. Harbor Commission 4. Library Commission 166 5. Parks & Recreation Commission -- 6. Planning & Zoning Commission 170 7. Miscellaneous Commissions and Committees a. Beautification Committee 176 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 181 2. City Attorney -- 3. City Clerk -- ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City Attorney: CINGSA's request to purchase easement and mineral deeds from the City of Kenai. ITEM L: 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.) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 18, 2011 Page No. 1. 5/18/2011 Purchase Orders Between $2,500 and $15,000 for Council Review 193 2. Budget Transfer in Capital Projects in Excess of $ 5,000 194 3. 5/11/2011 M. Kebschull, City Planner memorandum "Comprehensive Plan Update" 195 4. 4/2011 Kenai Municipal Airport Enplanement Report 199 5. 5/12/2011 Kenai River Special Management Area Meeting Agenda and minutes of the April 14, 2011 Board meeting 200 6. 2011 Alaska Gaming Permit Application /Friends of the Kenai Community Library 205 7. Kenai Peninsula Borough Ordinance No. 2011 -09, An Ordinance Amending KPB Chapter 21.18 Regarding Prior Existing Uses and Structures in the Anadromous Stream Habitat Protection District 207 8. Kenai Peninsula Borough Ordinance no. 2011 -12, An Ordinance Amending KPB 21.18.025 to Add Additional Water Bodies Subject to Anadromous Stream Habitat Protection 215 Alaska Mental Health T Authority Overview The Alaska Mental Health Trust Authority is a state corporation that administers the Alaska Mental Health Trust, a perpetual trust managed on behalf of Trust beneficiaries. The Trust operates much like a private foundation, using our resources to ensure that Alaska has a comprehensive integrated mental health program to provide services for Trust beneficiaries. Trust Beneficiaries Trust beneficiaries include: • people with mental illness, e people with developmental disabilities, ® people with chronic alcoholism and other substance related disorders, ® people with Alzheimer's disease and related disorders, and • people with traumatic brain injury resulting in permanent brain injury. Trust Assets The Trust employs the expertise of several organizations to manage its cash and non -cash assets. The Alaska Permanent Fund Corporation manages The Trust's cash assets. The Trust Land Office, a separate unit within the Alaska Department of Natural Resources, manages the land and other non -cash assets. Examples of revenue-generating uses of Trust land include commercial real estate; land leasing and sales; commercial timber sales; mineral exploration and production; coal, oil and gas exploration and development, and sand, gravel and rock sales. Trust Funding Funds generated by The Trust's cash and non -cash assets are used to fund programs and services for Trust beneficiaries. The Board of Trustees annually submit recommendations to the governor and Legislature regarding expenditures of Trust income and other state funds to support the state's mental health program. In addition, the Trustees allocate a portion of The Trust's annual budget for grants administered directly by The Trust. Grants are available to non profits, service providers, tribal entities, governmental agencies and other groups that serve Trust beneficiaries. These grants fund partnerships, small projects, conferences, and mini -grant programs for behavioral health, developmental disabilities and Alzheimer's disease and related dementia. Trust Advisors The Trust works closely with several advocacy boards that represent Trust beneficiaries: • Advisory Board on Alcoholism and Drug Abuse, • Alaska Mental Health Board , ® Governor's Council on Disabilities and Special Education, ® Alaska Commission on Aging , ® Alaska Brain Injury Network and * Statewide Suicide Prevention Council. Trust Funding for Kenai Peninsula Programs and Services* LType of Grant Number Awarded Partnership 9 I Housing Focus Area 5 Beneficiary Initiative 1 Conferences 2 Small Pro'ects 18 Mini Grants 46 TOTAL 81 *Fiscal Years 2005 -2011 Funds Granted $ 418,000 $ 208,931 $ 12,300 $ 2,700 $ 135,597 $ 46,613 $ 777,528 Total Trust Funds & Leveraged Leveraged Funds $ 3,051,444 $ 3,469,444 $ 208,931 5 12,300 5 2,700 5 135,597 5 46,613 $ 3,828,972 $ 3,051,444 3745 Community Park Loop, Suite 200 > Anchorage AK 99508 • www.mhnmst.org Trust Funding for Kenai Peninsula Programs and Services Partnerships Project Title Organization Amount Community Leveraged Serenity House Treatment Center Relocation and Expansion Central Peninsula Health Foundation $50,000 Soldotna $923,500 Communities that Care: Planning Prevention Community Action Coalition $15,000 Soldotna $35,000 Predevelopment Partnership Frontier Community Services $125,000 Soldotna Soldotna Ionia Barn Construction Ionia Inc. $100,000 Kasilof $907,190 Longhouse Fire Safety Project Ionia Inc. $25,000 Kasilof $30,050 Building to Nourish Kenai Peninsula Food Bank Inc $10,000 Soldotna $781,000 Kenai Peninsula Housing Initiatives Kenai Peninsula Housing Initiatives, Inc. (KPHI) $11,000 Homer $0 Kenai Senior Center Kitchen Renovation Kenai Senior Center $25,000 Kenai $256,704 Peninsula Community Health Center Service Integration Project Peninsula Community Health Services (PCHS) $57,000 Soldotna $118,000 Housing Focus Area Grants Family Hope Cntr Transitional Housing Love, Inc. 550,000 Kenai Family Hope Cntr Transitional Housing Love, Inc. $50,000 Kenai Family Hope Center Funding Program Love, Inc. $10,000 Kenai Flexible Rent -up PCHS $90,000 Soldotna Crisis Respite Model PCHS $8,931 Soldotna Beneficiary Projects Initiative Beneficiary Peer Run Laundry Project Frontier Community Services $12,300 Soldotna Conferences FASD: Heartbreak of the Courtroom. Frontier Community Services $2,000 Soldotna Unpacking Clinical Ethics Homer Psychological Services $700 Homer Small Projects Amundsen Educational Cntr Recruitment Admunson Educational Center $10,000 Soldotna Summer Equine Assistive Therapies Bridges Community Resources $9,832 Soldotna Wellness Recovery Action Plan Classes Bridges Community Resources Bridges Community Resources $6,000 $3,000 Soldotna Soldotna Start -up Expenses for NAMI Kalifornsky Community Challenge Community Action Coalition $6,900 Kenai Electrical for Laundry - Add -A -Phase unit Frontier Community Services $3,500 Soldotna Resource library Homer Psychological Services $10,000 Homer Ionia, In Print Ionia Inc. $5,825 Kasilof Kenai Community Library & Kenai Senior Center Alzheimer's Resource Cntr Kenai. Community Library, Inc. $5,000 Kenai Brookside KPHI $1.0,000 Homer Furnishings /Equipment for Crestview Supportive Housing KPHI $10,000 Homer Improvements to Watts Homestead that Promote Service Delivery and Independent Living Skills KPHI $4,000 Homer Birchwood Center Innovative Programs PCHS $10,000 Soldotna Armageddon Cafe D.E.C. kitchen Refuge Chapel $10,000 Homer Refuge Room Bunkhouse Expansion Refuge Chapel Of Homer DBA Refuge Room Bunkhouse $10,000 Homer Children's Clubhouse South Peninsula Behavioral Health Services Inc $10,000 Soldotna Outreach and Safety Planning South Peninsula Haven House $6,540 Homer Therapeutic Garden and Green House South Peninsula Haven House 55,000 Homer Mini Grants Behavioral health, developmental disabilities and Alzheimer's disease and related dementia grants Granted to individuals through their case managers $46,613 Kenai, Soldotna, Nikiski, Stirling and Homer 3745 Community Park Loop, Suite 200 • Anchorage AK 99508 • www.mhtrust.org 'ITRL ST The Ala W Memel Huth Tmsi Authority BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Prograrn .................................................................................................................................................................................... BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Comm v Outreach 'BUCCANEER BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Agenda 1. Project Overview 2. Drilling Program 3. Waste Management N 4. Environmental Management 5. Permits Required & Processing Schedule 6. Q & A / Agency Feedback BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Prograrn Project Overview ❑Buccaneer Alaska Operations, LLC (Buccaneer) is an Alaska limited liability company wholly owned by Buccaneer Energy, Ltd. based in Sydney, Australia ❑Buccaneer is operating on behalf of Buccaneer w Alaska, LLC ❑Buccaneer plans to drill 4 offshore oil and gas exploration wells in upper Cook Inlet: ❖Southern Cross Unit #1 (SCU #1) ❖Southern Cross Unit #2 (SCU #2) C•Northwest Cook Inlet Unit #1 (NWCU #1) •)Northwest Cook Inlet Unit #2 (NWCU #2) BUCCANEk ,. 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ADLO#TigB9 i rionocitio . _ UCcAiNk,Eli BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Drilling Program Project Schedule & Timeline ❑ Drilling operations during three "Open Water" seasons (April to November) ❑ Move backup rig souti to lower Cook Inlet at the end of each season ❑ Begin operations July 2011 (Geohazard Survey) and end August 2013 Drilling Program Drilling Operations ❑ Use Marathon LeTourneau Class 116 -C, cantilevered jack -up drill rig capable of drilling to 25,000 ft. in water depths from 15 to 300 ft. ❑ 10K psi and 151< psi Blow Out Preventers (BOP) for drilling in higher pressure formations known in the Cook Inlet ❑ Variable deck load to accommodate the increased drilling loads and tubulars for deeper drilling Drilling Program Drilling Operations ❑ Riser tensioning system to adequately deal with the extreme tides /currents in up to 300 ft. WD ❑ Steel hull designed to withstand -10°C to eliminate risk of steel failure during operations in the Cook Inlet LI Proven history of successfully operatin in arctic conditions in the Norti Sea ❑ Jones Act waiver not required to mobilize BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Prograrn Drilling Program Drilling Operations - Rig Mobilization ❑ Jackup rig will be transported to Cook Inlet by Heavy Lift Vessel ❑ Jackup rig will be towed between drilling locations by USCG - certified ocean -going tugs ❑ Rig mobilization will minimize potential safety, cultural or environmental impacts by: ❖Working with aquatic associations and Southwest Alaska Pilot Association to avoid commercial fishing openings ❖Implementing marine mammal monitoring program to avoid effects to Beluga whales and other marine mammals BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Drilling r Drilling Operations - Site Clearance ❑ Geohazard surveys will be conducted at each site (before and after drilling) on a survey grid approved by AOGCC ❑ Existing 2D and 3D seismic data will be used to supplement the geohazard surveys Examples of What is Required for Geohazard Surveys After Drilling — _. Activity Before Drilling 2D and/or 3D Seismic Surveys: Yes Sea Floor Imagery: Side -scan sonograph Yes Bathymetry: High frequency sea floor profiling Yes High - Resolution Seismic Profiling System: -Yes No Magnetometer Survey: Yes Yes Tide /Current Survey: Yes- No BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Drilling 1 1 Drilling Operations - Logistics & Field Support ❑ Most service contractors have offices, shops, & additional equipment located in the Kenai and Nikiski area ❑ Tugs will be staged at the Nikiski OSK dock for additional rig support, anchor- handling & ice - management (if required) ❑ Helicopters will provide transportation for personnel, groceries, & supplies Jackup rig will take on a maximum fuel Toad prior to operations to reduce fuel transfers during drilling 14 BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Drilling Program Casing /Cementing Programs Li Casing and cementing programs will be approved by AOGCC ❑ Conductor & surface casings will be cemented from total depth to surface ❑ Deeper casing strings will be cemented to cover length of any hydrocarbon bearing zones plus extra 500 ft. above ❑ All casings will meet AOGCC requirements for internal burst pressure to provide adequate well control BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Drilling r Blowout Prevention Program ❑Operating procedures are designed to prevent a Toss of well control UPrimary method of well control will be hydrostatic pressure exerted by drilling mud of sufficient density to prevent formation 9" fluid from flowing into the well bore Din the unlikely event that primary control is lost, surface blowout prevention equipment (BOPE) would be used for secondary control C Buccaneer will use a 10,000 psi and 15,000 psi BOP stack « *BOPE testing will rneet API Recommended Practice No. 53 & AOGCC specifications and procedures BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Drilling Program Blowout Prevention Program — AOGCC Rig Inspection Focus Areas: ❑ Diverter ❑ Diverter Vent Line ❑ BOP Stack ❑ Choke Manifold ❑ Choke and Kill Lines ❑ Accumulator System (Primary and Back -ups) ❑ Mud -Gas Separator ❑ BOPE Control Panels ❑ Mud System (Mud Logging; Conditioning Equipment; Testing; Communications) ❑ Gas Detection and Alarms ❑ Top Drive/ Rotary ❑ Condition of Drawworks, Rig Engines ❑ Structural Certifications for Derrick BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Drilling Well Plugging & Abandonment When drilling is completed, the wells will be suspended or plugged and abandoned (P &A) according to AOGCC regulations LJP &A includes cutting the casing below the sea floor & retrieving the stub ❑Each well string is sealed & cemented to prevent flow to the Cook Inlet and the movement of reservoir fluids between strata ❑P &A procedures will be approved by AOGCC prior to implementation BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Management Waste Drilling Waste - mud & cuttings, drilling fluids & formational water No drilling wastes will be discharged into Cook Inlet ❑No water will be discharged into Cook Inlet, except for: :•Uncontaminated deck runoff; if storm water is not used for makeup water (preferred) :•Uncontaminated Cook Inlet sea water used as pre - loading ballast water by the jackup rig marine vessel L;UCC ANE BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Waste Management Solid Waste ❑ Classify, segregate & label all waste as general, universal, & RCRA exempt or non - exempt ❑ Store waste in labeled containers at designated accumulation areas ❑ Package & palletize waste for transport offshore for disposal at regulated facilities BUCCANEER ALASKA OPERATIONS, LLC: Cook Inlet Exploratory Drilling Program Management Waste Hazardous Waste Li No listed hazardous wastes will be generated LI Universal wastes will be limited to batteries & light bulbs •• Separate, label & then temporarily store in approved containers at Satellite Accumulation Areas Transport for offshore disposal at regulated facilities 7t N BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program NON - COMBUSTIBLE UNIVERSAL COMBUSTIBLE WASTE GLASS METAL BOTTI. ES TIN CAN AEROSOL METAL SCRAP LIGHT BULBS BATTERIES GALLEY WASTE PLA TIC PAPER PACKING MATERIAL SLUDGE rd. �Oez,anomd woae IDENTIFY & LABEL PUNCTURE COMPACTOR CRUSHER §- COMPACTOR DOSE iG I BALED ONi MNEO CONTAINER" AINER OFFSHORE DISPOSAL at APPROVED FACILITY OFFSHORE DISPOSAL at APPROVED FACILITY BUCCANEJ AT, ASK BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Prograrn Environmental Management Endangered Species m Beluga Whale ❑ Buccaneer is consulting with the National Marine Fisheries Service (NMFS) on how to proceed under the Endangered Species Act & Marine Mammal Protection Act ❑ Buccaneer is coordinating with NMFS to prepare a marine W mammal monitoring plan for project mobilization & operations that will: ❖ Provide trained & qualified marine mammal observers during geohazard surveys and rig moves Monitor and document marine mammal sightings • Take measures (such as avoidance or temporary shutdown) to avoid any effects to marine mammals 23 BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Environmental Management Spill Response ❑ CISPRI will be contracted as spill response contractor ❑ O'Brien's Group /RM will be contracted to manage spill response ❑ Cook Inlet wells surrounding Buccaneer's leases have historically produced less than 1,500 barrels per day from any single zone ❑ Buccaneer will develop a plan to respond to a blowout capable of discharging 5,500 barrels per day ❑ The jackup rig can drill in any conditions found during the Cook Inlet Open Water season...however, drilling will cease if • conditions do not allow CISPRI to respond to a 5,500 barrel per day blowout 01 BUCCANEER ALASKA OPERATIONS, LLC Cook Inlet Exploratory Drilling Program Permits it d & Processing Permits Required ❑ ADNR +ACMP Consistency Determination +Lease Plan of Operation +SHPO Section 106 Historic Preservation Report UADEC +Air Quality Minor Permit +Oil Discharge Prevention & Contingency Plan +Alaska Pollutant Discharge Elimination System Permit ❑NOAA National Marine Fisheries Service +Endangered Species Act Section 7 Consultation on Beluga Whales +<.Marine Mammal Protection Act Coordination +Biological Assessment & Marine Mammal Monitoring 25 UUSACE +Section 10 Individual Permit +Endangered Species Act Section 7 Consultation on Beluga Whales UAOGCC +Geohazard Survey Permit +Permit to Drill +:•Permit for Annular Injection UUSCG +Security and Response Plan ❑ USEPA +Cook Inlet NPDES General Discharge Permit ❑KPB Coastal District Consistency Review PUB C HEARINGS 84c of KENAI ALASKA Sponsored by: Council Member Molloy CITY OF KENAI ORDINANCE NO. 2546 -2011 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 MANY "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 1.986, 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 resider tial 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 -1 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 -27- 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 best 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 "condi.tional 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. -28- PAT PORTER, MAYOR Ordinance No. 2546-2011 Page 3 of 3 ATTEST: Carol L. Freas, City Clerk -29- Introduced: April 6, 2011 Adopted: Effective: 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions RESIDENTIAL LAND USES One Family Dwelling Two/Three Family Dwel ling c'" 1 RR RR1 ZONING DISTRICTS RS US1 RS2 RU P 1' P P21 CG IL 111 ED TSI1 LC CMU S1/011 P St/021 1' 0 O SVC' P 0 51/021 • C N N 0 C 0 TSI 1 c 0N111 N • N 1 P 0" P P P P 5' 0 O 1 0" P I P ;our Family Dwelling Tive/Six Barna}, Dwelling Seven or More Family 1 C('' Ci Dwelling N N, 1 N 12 1=2' 1 c N N P FIa St 1 C 0 022 t N • N N P N N p11 S' ! 0 rownhouses4 c'" C 0122 1 0 0 0 N O 1 0" obile Home Park? Planned Unit Residential Development' COMMERCIAL LAND USES Automotive Sales Automotive Service Stations Banks Business/Consumer Services Guide Service Hotels/Motels 'Lodge 0 0 0 1C1C N 0 N 0 0 P P Professional Offices IRestaurants N Ram-Go smeo [Wholesale Business Theaters/Commercial !Recreation N N O 021 O Fel N I 0 • [ [C] N 0 1 -- O K2] N C ' N C 1 1 N N N N PP 12 12 c !PIP PC O 112 P }, 1 " 0)4 O 0 i 25 r- c P N N N N 0 P 0 0 N c I c p 1 0 1 0 Page 1 of 5 Ncw Text Underlined [DELETED TEXT BRACKETED' Ordinance No. 2546-2011 -30- Attachment A LAND USE TABLE KEY P Principal Permitted Use C =Conditional Use S Scoondary Use N =Not Permitted NOTE Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES c ' RR Airports and Related Uses RN C Automotive Repair N N N C 1Gas Manufacturer/Storage Manufacturing/Fabricating/ Assembly Mini-Storage Facility 1Storage Yard ' Warehouses PUBLIC/ INSTITUTIONAL LAND USES N J 0 N N 0 [0] N I [0] N [C] N RS 0 C N N C N 1[C]bi 0 NIN1C 0 N NCIC N 0 N RSI I I R52 1 R15 00 00 IL 111 14 1CIP I P 13 NIN C P ! P I P INININ1C" C'e[ PI C P P P I ICI N 0 it. I ! 1 1 C ' RII ! RR! 1 RS I 1251 1 R82 ED ' N C N N N N P P [ P p N I N N [ 0 00 CG 11, 12 Charitable. institutions Churches* O 0 I KIN 0 1 0 pl0 p piir Clinics E C 0 [0] N1 0 Colleges* Elementary Schools* ;overnmental Buildings High Schools* 1..lospitalss" c c 0 O c c 0 I 0 0 Libraries* Museums c ' c I I TSH LC II CMU N H 0 N N N N N • N 0 N 0 0 N N 0 N N TSH LC CM P C P P P C N C I C I C P • P P 0 I P O 0' 0 O I N 0 O I [CI N • [0.) N 0 P P cloL Parks and Recreation Assisted Living C MISCELLANEOUS LAND USES C P 0 P C • C C 0(0 p P 0 P P C P P 0 P O 1010 0 C Anima! Boarding" O RR 1(121 R O 1 0 [CI N. 1251 RS2 RU ; CC IL Itl ED R TSH LC (NU Red and Breakfasts • 1 0 I Cabin Rentals O 0 0 C C N C C C 0: ] N N C 0 O 0 flN O ; 0 0 N C Cemeteries Crematories/Funeral Homes O 0 I C N [NI N P P P N INICIC 0 C. N p N el 0 C C P IC P N C N Day Care Centersu. Dormitories/Boarding Houses Essential Services Farming/General Agriculture*" Greenhouses/Tree Nurseries15 C 0.? 0 C 0 O C • P ci C I [ [CAN [P] N P P P P P P NN N NIN O I 0 0 P 0 S C P P iPIP N N C 1410 0 lo 0 0 P P" N O [C] N 0 I 0 I) P C N 0 Page 2 of 5 New Text Undedined• ;DELETED TEXT BRACKETED; Ordinance No. 2546-2011 -31- Attachment A LAND USE TABLE KEY: P w Principal Permitted Use = Conditional Use 5 = Secondary Use N = Not Permitted NOTE: Reference footnotes on foliowing pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS I LAND USES C RR RRI RS RS1 RS2 RU CC CG R. RI ED R ISIII LC CMU Gunsmithing, Printing, IN Taxidermy CI-01N0 0 0 0 P PPPN0PP P Assemblies15 (Large: C Circuses, Fairs, Etc.) 0 [0] N 0 0 C 0 P" P13 P15 Pls Pth C P N P" 1Fraternal Organizations/ N 0 [0] N C 'Private Clubs/Social Halls F and Union Flails I 0 oc:p ' R i 0 • N 0PiC 9 Nursing, Convalescent or Rest Homes N 0 [011‘1 0 0 0 00000 0 P Parking, Off-Sh•eet 9 P [P]C" 9 9 P 9 9 9 PPPPPP P Parking, Public Lotsi' C 0 (C.) N 0 0 i 0 j 1 0 0 C0 0.0000000 _.4. 91,91300PP/ 0 Personal Services” 0 0 [Cr/ N CI P Communications Towers az. 9 1 0 [CI N Antenna(s), Radioiry , Transmitters/Cell Sites*" 2 1 1 0 1 0 0 0 9 9 9 9 9 0 0 0 0 Recreational Vehicle Parks 1 0 I 0 [0] N 0 I N N 0 0 0 0 C N 0 0 N ! C Subsurtace Extraction of i 0 ' 0 KIN 0 1 0 Natural Resources `6 0 0 0 1 0 0 I 0 i N 0 i N N I N . , . Surface Extraction of 1 0 [Natural Resources" I C 1 [0] N I N 1 N C N C I C 01N L CI N i I NI N See 42 USDA Sec. 2000ce. (Religious Land Use and Institutionalized Persons Aot o•I'200D) See 42 Telecommunications Act ol 1996, Sec. 704(a) See, however, the limitations imposed under KING 3.1(4070 Footnotes: i Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KIM 14.25 shall include any secondary uses in the landscaping and site plans. One (1) single-family residence per parcel, which is part of the main building.. Allowed as a conditional use, subject to satisfying the following conditions: a. 'The usable area per dwelling unit 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, c. Yards around the site, off-street parking, and ether development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of ail applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; There shall be provided, as pan 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; 1. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See 'Townhouses" section. g. Page 3 of 5 New Text Underlined; [DELETED TEXT BRACICETED] Ordinance No. 2546-2011 -32- Attachment A 1 5. See "Mobile Homes" section. 16 Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile to minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. •8. lc meets the Allowed as a conditional use, provided that he proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. Allowed as a conditional use, provided that all 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 properly line. Allowed as a amditional 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 he anuisance 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) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off- street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" sec tion. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 1 S. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RUTTISH zones. Allowed as a conditional use in conjunction with a permitted use in the Idt7 zone. For example, housing for teachers or students for a school in the zone. Allowed as an accessory use in conjunction with a permitted use in the El) zone. For example, a dormitory used to house students for a school or educational facility. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a grfi shop or coffee shop within another business). At studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 21. 1 23. 24. 25. 26. 27. i Personal Services + Art Studios rlarbers 1 Beauticians Dressmakers Dry Cleaners I .Sell- Service Laundries Fitn ess Centers Limited Commercial Zone Permitted(P) 1 Conditional use(C) X X x x X X Massage "therapist Photographic Studios X Tailors X Tanning Salons Tattoo Parlors X X Page 4 of 5 New Text Underlined; [DELETED TEXT BRACKETED} Ordinance No. 2546 -2011 -33- Attachment A Personal services not set forth in the above matrix are conditional uses. 28, Communications towerlantenna {s) allowed as aprincipal permitted (P) use if the applicable conditions set forth in KMC 1420255 are met or a a conditional use (C) if the appiieable conditions set forth. in KMC 14.20255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (al driveway access on the Kenai Sppr 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 i shown on an as -built drawing/survey of the parcel. Page 5 of 5 New Text Underlined- !DELETED TEXT BRACKETEDI Qrdinance No. 2546 -2011 Attachment A -34- KE Al, ALASKA MEMO Village with a Past, C 5I with a Future" ilutt 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1992 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 DUM TO: FROM: DATE: SUBJECT: Mayor Porter, Vice Mayor Boyle, Council Members Bookey, Gabriel, Marquis, Moore Council Member Molloy 03/30/11 Ordinance No. 2546 -2011 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 hest 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 -1 Zones" is attached. It shows the location of both of these P.P. -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. - 1 - Memo 3/30/2011 -35- 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, 201i 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: 1 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: 1 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 "RRI 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 - 2 - Memo 3/30/2011 -36- 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 fling 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 [naps entitled "RRI. 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 came 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 -37- 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 tinder Amendments: Permitted Uses: One Family Dwelling Two /Three Family Dwelling Churches* P P 10 Conditional Uses: 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* C29 Governmental Buildings C 29 High Schools* C 29 Parks & Recreation C 29 Assisted Living C Bed & Breakfasts C Cabin Rentals C Cemeteries C Da Care Centers C 29 Parking, Off - Street 0 29 1 These concerns were also expressed by the public in the Campanella appeal (VIP Subdivision). - 4 - Memo 3/30/2011 -38- New " c z9;" 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 riot 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 Ws 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: 1 have attached a list titled "Active Conditional Use Permits." This list shows all active CUPs within of the City of Kenai (alI 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 -39- 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, I 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 -40- RR1 Zones February 14, 2011 -41- Kenai 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 - Horne Page Contact: Kenai City Clerk: (907) 283 -7535, Ext. 231 Published by: Quality Code Publishing Seattle, WA 1 -800- 328 -4348 Kenai Municipal: Code', Title 14 PLANNING AND ZONING Chapter 1410 KENAI ZONING CODE 4.20.080 Rural Residential Zones (RR, RR -1 Zones). (a) Intent: The RR Zone is intended to provide for tow 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 (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 at 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. Conditional Uses: As allowed in Land Use Table and subject to the (0) provisions of this chapter. d) Accessory Uses: As defined (see Definitions). (e) Horne Occupations: Uses as allowed by this chapter. (f} Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. (Ords.925, 1009) -42- Ordinance No. 2546 -2011 Comparison of Current Land Use Table to Proposed Amended Table for RR -1 LAND USES Current 14.22.010 Proposed Amended Table RESifENETJAL One Family Dwelling P Two /Three Family Dwelling P Four Family Dwelling C3 03,22,28 Five /Six Family Dwelling N N Seven or More Family Dwelling N N Townhouses 4 C C3, 029 Mobile Home Parks 6 C N Planned Unit Residential Development 7 0 029 COMMERCIAL Automotive Sales C Automotive Service Stations C Banks C N Business /Consumer Services C N Guide Services C N Hotels /Motels C Lodge C N Professional Offices C 029 Restaurants C N Retail Business C N Wholesale Business C Theatres /Commercial Recreation h? INDUSTRIAL %! Airports & Related Uses C N Automotive Repair C N Gas Manufacturing /Storage C Manufacturing/Fabricating/ Assembly Mini- Storage Facility C N C N Storage Yard C N Warehouses C -43- Ordinance No. 2546 -2011 Comparison of Current Land Use Table to Proposed Amended Table for RR -1 LAND USES Cu -rent i 4.22410 Amended PUBLIC iNSTI UI IONA, Charitable Institutions C Churches* Pro Pio Clinics C N Colleges* C 029 Elementary Schools* C C29 Governmental Buildings 0 029 High Schools* Hospitals* Libraries* C C29 C N C N Museums Parks & Recreation Assisted Living C N C 029 C C 015CELLANEOUS Animal Boarding 13 Bed & Breakfasts • N C C Cabin Rentals 0 C Cemeteries C Crematories /Funeral Homes N Day Care Centers 12 C C29 Dormitories /Boarding Houses Essential Services C N N Farming /General Agriculture * ** GreenhousefTree Nurseries 13 N C N Guns hing, Printing, Taxidermy C N Assemblies is (Large Circuses, Fairs, etc.) C N Fraternal Organizations /Private Clubs /Social Halls & Union Halls C N Nursing, Convalescent or Rest Homes Parking, Off- Street C N P Cz9 Parking, Public Lots 12 Personal Services C N C N Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites ** 28 C Recreation& Vehicle Parks C N Subsurface Extraction of Natural Resources is Surface Extraction•of Natural Resources 17 C -44- THREE W'S SUBDIVISION -45- February 14, 2011 -46- RR1 Zone - 3 Subdivision February 14, 2011 -47- KENAI PLANNING & ZONING COMMISSION May 1149 1986 - 7 :00 p.m. Kenai City Hall Lee Lewis, Chairman AGENDA 1, ROLL CALL 20 APPROVAL OF AGENDA Sate PERSONS PRESENT SCHEDULED TO BE HEARD a. Tammy Miller - Buffer Zones and Conditional Usa Permits PUBLIC HEARINGS a. Testimony: Closing Municipal Park & 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, 1986 6, OLD BUSINESS 7, NEW BUSINESS a. Lease Review:, Lot 6, Bik 1, Gusty S/D - Change in Jse - Roberts b. Preliminary Plat PZ86 -19: Jahrig 5/D c, Preliminary Plat PZB6 -20: Misty Haven S/D #2 8. PLANNING 9. REPORTS as b. c. City Council Borough Planning City Administration -48- PLANNING COMMISSION May 14, 1986 Page 3 hasn't look thie good all year Commissioner Zubeck stated that he Felt neither Beaver Creek nor Cunningham Park are really adequate for camping at all, Cunningham Park is so crowded during the summer you can't walk through it or drive through its I'm sure there are campers there who stay for weeks. Commissioner Smalley stated that the earliest boats are usually an the river about 5 AM and most are back off the river around 11 PM to midnight. MOTION: VOTE: 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 perks 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 5/0 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 door not enforce covenants therefore we could have the covenants but etill 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 -l. -49- PLANNING COMMISSION May 14, 1986 Page A Doug Emery, 570 Rance Crt, Mr, Emery etated that 1O0% of the property owners in Three W's 5/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. MOTION: VOTE: Commissioner Bryson moved approval of P206 -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 setback requirements. Commissioner Smalley asked if this could be dealt with through a motion, answer it can be handled administratively. Motion passed unanimously 5. APPROVAL OF THE MINTUES OF April 9, and April 23, 1906 Minutes were approved as submitted 6. OLD BUSINESS None 7, NEW BUSINESS a, Lease Review: Lot 6, 81k 1. Oust S/D - Chan•e in Use - Roberta Administrative Assistant Gerstlauer explained that it was observed that the plane that had been approved for a sandwich shop had turned into a video rental store, Upon contacting Dan Roberts it was explained that this we not in conformance with his lease, therefore the letter requesting a change in lease. His lease presently states it is for a restaurant. MOTION: 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 yea. Administrative Assistant Gerstlauer suggested that instead of being so restrictive, the Commission might consider making it a retail establishment. -50- 0 COMMISSION Roll Call 1 Phil Bryson Richard Carrigne Bob Olesbn Ozzie Osborne Hal Smalley Bill Zubek' "0 DO -51- CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZMG, -/f A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING (APPROVAL) (DENIAL) OF THE y EQUESTED (RE U$ING) (LAND UST) SUBMITTED BY Applican FOR L' /t'e j ik, S% (see (xfii fri/ t � (legal description) WHEREAS, the Commission Finds the following: } i< The subject property is currently zoned / ,cpp,I .,64,4p/76,4/ / t_/ 2. The present land use pla designation o the subject property is a 1 °s . 3. The proposed, affected property 4, An appropriate public hearing as required has been conducted by the Commission on ..61/444//4 B 50 That the following additional facts have been found to exist: �r3ic -•cur NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned (REZONING) (LAND ME PLAN is hereby {RECOMMENDED) (NOT RECOMMENDED) to the Kenai City Council. PASSED by the Ad isory Planning & Zoning Commission of the City of Kenai, Alaska, this NM day of 19 Ark Chaff man " ATTEST: 0/84 Planning Seeretarry -52- AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 4, 1986 - 7000 PM WORK SESSION - 6045 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda * All items listed with an asterisk ( *) are ooneldorod to be routine and nun- oontreversiel by the Council and will be approved by one motion. The will be no separate dieouaeion of these items unlace a Council member so requeate, in which case the item will be removed from the Consent Agenda and oaneidered in its normal sequence on the agenda as pert of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (18 Min.) 1. Clerenee Ladd - Besutlflcation of City 26 Marc Zimmerman - Kenai Peninsula Photo Ada - Airport Terminal . PUBLIC HEARINGS 1, Ord. 1128 -86 Valhalla S/D 2. Ord, 1110 -86 Line 3. Ord. 1131 -86 4. Ord. 1132 -86 5. Ord, 1133 -86 Zone 66 Ord, 1138 -86 7. Ord. 1139 -06 8, Ord. 1140 -86 $600 9, Ord. 1141.06 100 Ord, 1142.06 $Y7,770• 110 Ord, 1143 -86 Ties - $7,200 12, Res. 86 -52 - FY 86-87 13. Res, 86-53 - Iniet View Dr 14. flee, 06-54 - Lilec - Conet 15, Res. 86-55 - Pt.. $14,135 - Amend Zoning Map - Thompson Park S/0 end • Amend Kenai Municipal Code - Zero Lot - Amend Kenai Municipal Cede - Townhouse - Amend Kenai Municipal Code - Site Plane - Amend Kenai Municipal Cede - Teaneite - Adopt Annual Budget - FY 66 -87 - Increasing Rev /Appne - Library - $1,300 - Ineceaeine Rev /Appne - Senior Day Care - - Amend Zoning Mapp - 3 -W'a S/D - increasing Rev/Appne - H.A.S. Project - - lnereeuing Rev /Appne - Purchase Railroad Fixing Rate of Levy of Property Tea - Awerd Contract - Construction - Cook ., Lilac - Doyle Corot, - $431,69640 Transfer of Funds - Cook Inlet View Dr., ruction - $11,697 Trenef, of Funds - Lake, Marine, Granite -53- KENAI CITY COUNCIL 3UNE to 4906 Page 7 C -9 Ord. 1144 ®06 ® Amend &cning Map . 2-M 4s 6/0 MOTION* Councilwoman Bailie moved, seconded by Councilwomen Morfor, to adopt the ordinances PUBLIC COMMENT* Bob Oeretleuer, 535 Shane Ct., Kenai. He wants to emend to Conform with the covenants. They would like to eaotriot 4- plexes end retain a quality subdivision. Notion paused by unanimous consent. C-10 Ord. 1142 -86 - Inatome. Rev /Appne - H.A.S. Project - 627,770 MOTION; Councilmen Hall moved, seconded by Councilwomen Monfor, to adopt the ordinance. There was no public comment. Motion peaaed unanimously by roll cell vote. C-11 Ord. 1143-86 - Xiamen*. Rev /Appns - Purchase Railroad Time- 67,200 MOTIONI Councilwoman Bailie moved, eeaondud by Cauur ®semen Measles, to adopt the ordinance. There was no public comment Motion peeped unanimously by roil sell vote. C-12 Res. 8652 - Fining Rate of Levy of Property Taw ST 06-87 MOTION* Councilmen Meeelee moved, seconded by Councilwoman Bailie, to adopt the resolution. There wan no public comment. Motion pooped by unanimoue consent, C..13 Rees 04lra m Award d Contrast - C not notion - Cock Inlet View NOTIONe Counol,lmen Neeelee envedp seconded by Councilwomen Bailie, to adopt the resolution. There was no public comment -54- 0 Suggested by; Planning 6 Zoning fooleries CITY OF KENAI ORDINANCE NO, 1141 -S6 AR ORDINANCE OF 7KE COUNCIL OF THE CITY OF KENAI, ALASKA ARENDINO THE RLINA©NNITCT iRALEE E,- DI R RURAL RESIDENTIAL T URRSIDENTIALONE (RR1)DISTRICT WHEREAS, W C 14 200ei ..27atabli$hea a procedure to emend the Official Zoning E of WHEREAS, a rezoning petition hes.baen received by Robert ate, Deno Gersticuqet, representatives, busing the signatures of a osa,$$yy''oslty of the lands (ppeerEahibit "A ")ifrom Rural ssReeid entiela (RR) Tonne RustsioReoidenntiar! On (RR -1) District, end requited the Kor hearing on Nay nn Advisory Planning g9B6Zoning Commission has conducted the WHEREAS, aQ s result of the public hearing testimony from residents which indicate that 10D% of the residents requepst the RR -1 designation, the Official ZoningnMap to Rueal Residential Dme (RR -1) District. to the NOW, THEREFORE, DE IT ORDAINED Be THE COUNCIL OF THE CITY Of KENAI, ALASKA, is follomm; !tot on 81 Subject property oonaioting of theme lends depleted !n Enhibity "A" ere heeeby rezoned to Rural Rvaidentiel (RR -1) District. PASSED BY THE COUNCIL Of THE CITY OF RENAL, ALASKA'thie 4th day of Sucre, 1986, RTTERT5 SecondRReedingt Noy 210 1986 Effective Met July 4, 1986 -55- • c,•• 77-44;?• • r —cl • • 'Ain' • "" .ev" RR • • .009a -56- MAPS AREA -57- February 14, 2011 -58- RR1 Zane - APS Area February 14, 2011 -59- KENAI PLANNING & ZONING COMMISSION April 10. 1985 Kenai City Hall Lee Lewis. Chairman Joint Planning Commission /Council Worksession - Old Towne Study - 6:30 - B :00 PM AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3, PERSONS PRESENT SCHEDULED TO BE HEARD 4, PUBLIC HEARINGS a. Resolution PZ85 -18: Landscaping Ordinance b. Resolution PZ85 -22: Conditional Use Permit - PURD - Pines 5/D - McClure (Preliminary Plat that accompanies is item 7 -a) . Resolution PZ85 -26: Rezoning Lands Within the Cinderella /Princess/ McCollum Area to Rural Residential One (RR -1) District 5. APPROVAL OF MINUTES of March 27, 1985 Minutes will be available at the meeting 6, OLD BUSINESS a. Lease Application: Lots 3 &4,.BIk 2, F80 5/D - Machine Shop /Office Storage - Kline 7. NEW BUSINESS a. Preliminary Plat PZ85 -25: Silver Pines 5/D (This item accompanies 4 -b) b. Resolution PZ85- Amending.ExistingStreet Names Within City Limits 8. PLANNING -60- PLANNING COMMISSION April 10, 1985 Page 6 VDTE: 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 regarding, 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 e haphazard development of the type preceeding and the residents of the area wish to preserve -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 slot 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. -61- 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 prpperty 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 Sour Highway, between me nfliim Drive and Linwood Drive fronting on the Kenai Spur Highway as denoted in "Exhibit B ", 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, FBO 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 -62- Roll Call PLANNING b ZONING COMMISSION. Chairman 'Lee Lewis Richard Carrignen Bob Oleson Ozzie Osborne Hal Smalley Bill Zubek' 1II —IIt11111111_ iimr&vii 111111111111111111 usa, 11111111,11111111111111 111111111111 MIll 111111111111111111 III TO DO -63- } CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE KENAI RECOMMENDING 44 ; ;' (DENIAL) OF THE REQUESTED :REZONIN' USE PLAN AMENDMENT) SUBMITTED BY -"- 4° .4 (Appli..nt) ITY OF (LAND FOR s'"oy_, �e1! � o coca ,te n �r„ LeSS C_ de y-,rc (legal deseriptio ) 1 u WHEREAS, the Commission finds the Following: The subject property is currently zoned eA 2. The present land use plan designation of the subject property is ; t- affected 3. The proposed urnNJNG DISTRIC�j (LAND USE PLAN DESIGNATION) for the affected property is �� b sA. „_-��( C1we '�F= ) 4. An appropriate public hearing as required has been conducted by the Commission on 5. That the following additional facts have been found to exist; r � tricl /&) /! v Lxi'Sa , fT v`4 NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commissi of the City of Kenai that the petitioned NI (LAND USE PLAN AMENDMENT) is hereby (RECOMMENDED) (NOT RECOMMENDED) to the Kenai City Council. PASSED by the Advisory Planning & Zonin Alaska, this ./1LZKday of 2A.,7 ATT ��jj IMFV d_!' 1 'tanning Secr- 8/84 ommission of the City of Kenai, -64- n KEMPF SUB. k -7553 Pct -.. T6I, , ALLAH AVE �3 SUS 7E -s5 4 OCT I9Ri pyc 9 ✓5 No Z 58a -65- POP. ::555-C NiMPF 5J x- 73- a 3 " AWSTREE.I ' C 56 '4 2 3 53 ® 4- v.° 5 7. 1_, 0 40 21.0 fl 74. 5 ("& I — 7D 55/-, • t5.4 1'1 ' I 44.1•=1', 21- Dici C.., -a, /Ina 2 -66- ,52-Z SUS AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 1, 1905, 700 PM 600 PM - Work Session PLEDGE OF ALLEGIANCE ROLL CALL 1. Agenda Approval 2. Consent Agenda °All items listed with en asterisk (e) ere considered to be routine end 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 requeeta, in which cane the item will be removed from the Consent Agenda and conoiderad In its normal sequence an the agenda as pert of the General Orders. B. PERSONS PRESENT SCHEDULED TO SE HEARD (Time Limit - 10 minutes per person) C. PUOLIC HEARINGS 1, Ord. 1036 -05 - Amending Zoning Map - Cinderella, Princess, McCollum to RR -1 2, Ord. 1037 -85 - EstabIishing Renei Municipal Coda, Lenderaping Regulations 3. flee. 05 -41 - Directing Continuation of A1101:, l4tcoilum Asasoement District 4. Res. 85 -42 - betting Percentage of Fair Market Value on Loose of City Lunde 5, Resolution to Legioleture Supporting Additional Staff at Wildwood 6. Application for New Liquor License - Pizza Nepolitane 02 7. Application for New Liquor License - One Stop, Soya Limited 0. Ree. 85 -43 -Awarding Contract - R. Righbueh, Bumblebee, E. Aliak, D. MINUTES Swim, Mighbueh Bd. 1. 'Regular Meeting, April 17, 1985 E. CORRESPONDENCE 1. °FAA - Transfer of Antenna Farm ' 2. 'Walteru & Olson Ins. - Workmen's Comp. Adjustments 3. DEC - Application for Wastewater Diepoeal Permit - Fishermen'e Packing 4. 'Chugach Natl. Forest - Additional Winter Recreation Facilities 5. 'Dept. C &RA - State Revenue Sharing Payments 6. Dept. Public Safety - Annual Highway Safety Plan 7. 'Sen. Murkowekl - Transfer of Antenna Farm 6. 'Conf. of Mayors - Funding fors Municipal Aosistonco State Rev. Sharing School Funding -67- KENAI CITY COUNCIL KAY 1, 1985 Page 2 MOTION; Councilman Measles moved, seconded by Councilwoman Monfor, to remove item C -2 from the agenda for tonight, Hatton pesoed by unenimoua consent. Council approved the agenda ea emended. A -2 Consent Agenda MOTION; Councilman flee moved, seconded by Councilmen Measles, to approve the Consent Agenda se emended. Motion peeved by unenimoua consent. 8. PERSONS PRESENT SCHEDULED TO BE HEARD 8 -1 Doyle Proposal to Develop Gravel Pit on City Lends Mr. Doyle was not present. 11-2 Plaque from Civic League Roger Make, Bee 424, Kenai. Council had asked him to get en eetimits for the plaque. The members of the Civic League offered to furnish labor and materials if the City would pay the difference between the coot end moneys avatleble. Mayor Wagoner asked that an ordinance be drafted for the difference Council agreed to the request. C. PUBLIC HEARINGS Ord. 1036 -85 - Amending Ioning. Map - Cinderella, Princess, McCollum to RR -1 MOTION; Councilman Mantes moved, seconded by Councilwoman Monier, to adopt the. ordinance, PUBLIC COMMENTr e, Rick Baldwin, Kenai. Last year, in connection with installation of a water & newer district, reeldente of the area attempted to re -zone the area for a low density residential section. An ordinance wee introduced to allow re- zoning. A petition was aubmitted to the City and accepted, there has bean no opposition. He urged passage of the ordinance. b, Pastor Earl Moore, Grace Brethren Church. At P &2 meeting there were some lots along the highway exempt from the zoning change. The Church property wee divided down the middle. He would like to make aura this wee changed. He would like to add the additional lot to the exemption. MOTION, Amendment; Councilman Wise moved, seconded by Councilman Nail, that the portion of property owned by Grace Brethren Church be deleted from zoning and the sketch be amended. c. MAnn Burrell, McCollum Dr., Kenai, Their lot iu listed as Church property. Mayor Wagoner replied, thie hod boon corrected. -68- KENAI CITY COUNCIL MAY 1, 1905 Page 3 VOTE, Amendments Motion paseed by unanimouo consent. VOTE, Main Motion no Amendedr Motion passed unanimously by roll cell vote. C -3 Res. B5 -41 - Directing Continuation of Aliek, McCollum Assessment Dietriot M0110Hs Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COHMENTt a, 3oAnn Burrell, McCollum Dr., Kenai. She was shocked, that 50% wag suggested. She contacted many people, they wore all against it, Mayor Wagoner explained it could be amended. Councilmen Wise asked if they could come down the cul de eso instead of down Spur. Public Works Director Kosnolbe explained, that is church property, the out de sec does not have the right of way. MOTION, Amendments Councilmen Wise moved, seconded by Councilwoman Mentor, to emend the resolution to include the request of Bock, Bielefeld, 6 Hayes (agenda item G -12). VOTE, Amendments Motion passed by unanimous consent. b. Vesta Leigh, Kenai. When they aubmitted the petition, they thought they wore paying 25 %, She bed a problem geeing the City give Si Million to a corporate entity and getting the little guy, There are some people who cannot e?ferd 50 %. o. Ten Hof, Buckingham, Kenai. She is willing to pay 25 %, but would not want it if at 50 %. She would wart water, but not sewer. Moyer Wagoner noted she would be billed Por water whether she had it or not. She replied she is willing to pay it, but not at 50 %. d, Pastor Earl Moors, Grace Brethren Church, They have sower hook up and have a new well, They ere not pushed for either one, but want to see their neighbors get it. They feel 50% 50 too high. e. Mrs. Cheater Cook, Ninilehtk, They own n duplex off Hutto. They get no serving from the City, they had hoped this would mean service from the City, but 50% is too high. P. Karon Rogers, Kenai. They foal 50% aeaoeement is unacceptable end would withdrew their petition at that rate, but they are willing to pay 25 %. g. Walt Ward, Magic St. They have contented most of the Council. When it came out, 20% sounded good, They have heard many reasons for the 50% amounts the money could go further, to ooe if we want it badly enough to pay a fair share. They wore willing to pay 20 %, now he hears 25%, ie Council going up to 50K? When was LL 100 %? Councilwoman Bailie geld she paid 100% in a home in Wildwood Manor and one in Central Heights. She -69- KENAI CITY COUNCIL MAY 1, 1985 Pogo 4 added, what got the City in trouble was the Stets giving us grants. Council was prudent to put in water 4 sewer end paving, but it to of nocoaoity that we get bock to sonaeamente mince the money is cut back. h. Colleen Ward, Magic St. The neighborhood cams to the City in light of the *jock done around them. They said they were willing to pay for improvements. They submitted s plan, the City approved it. Then the City sold they would expand the scope and sok for double the charges. She knew they were a landmark case. Out they cannot afford 50 %, it could be as much as $400 more. They are s random group of people and aro a cross section of what will happen in the future. If they cannot Word it, how can others? As long as the money le available, we should extend as much as possible. The City can still do this with 25 %. If the City does 50 %, this will die. .Since this is a new ides. the City should do it gradually. Runde are still there. It mey be a little while before they aro 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. 0.3 the people realize it will be over a 10 year period? Mrs, Ward replied yes, but some assessments are $150.000 to $200,000. fly requiring hook —up, it would be $2,000 to $4,000 for 3 years. 1. Peggy Courtney, Kenai. 20% to 25% is batter than 50;. j. Rink Baldwin. Kenai. There ere Deny people et this meeting, none of them favor 50 %. Many people cannot pay that amount. This in not the way it was told to them. Originally Council had money they wanted to use to upgrade the roods. The people Dame to Council and said there was inadequate water & sower, it would be unproductive to grovel, then come back and tear up For water & sewer. At that time it was to be 100% funded by the City. He come to Council and spoke against it. He felt if there was to be o meaningful project, they should pay a portion. We are now arguing over how it will bo implemented. It could be gradual or Council could pick an arbitrary number and see if they will pay. Ito asked Council not to pick an arbitrary number, Atty. Cornett made a presentation for water & sewer with 31 names an a petition. Coencilmen Wise lied asked if they would go 20 %. Mr. Garnett said he would cheek and report to City Manager Brighton. In conjunction with the water & sewer project, they attempted to have re- zoning. This pert was settled tonight. The people have seized at the 20% figure ell olong. Phil; to the first assessment district to come before Council in many years. if Council does not approve the lower percentage, the work wilt bo for nothing. Thie will not net a precedent, the precedent is to give it away. They aro not coking for policy, just to got water & sower linos in the ground. Thay, are not linking for the project ae proposed, the City has extended Princess to people who have not asked for it or signed a petition. That would benefit people who do not live here. They did not ask to go screen Magic. There are people there who oppose it, Ha suggested deleting Magic (the undeveloped portion). The 350 ft. of Princess and the back main to the Chrysler would be nice but not essential. k. Rodger Schmidt, McCollum, Knee/. He has tried for 18 years to make the road peaeable. P42 let this peas without approval. It looked like they might be able to got something from the City, but now it looks like It may go down the drain, He would like it to go at 25 %, -70- KENAI CITY COUNCIL MAY 1, 1985 Page 5 1, Kathy Burton, McCollum, Kenai. 50: is too high. She Is hooked up to sewer, but she stands oath her neighbors with this. MOTION, Amendments Councilman Glee moved, seconded by Councilwomen Monfor, to emend Section Y, change 50% to 25 %. VOTE, Amendments Hatton passed unanimously by roll cell vote. Public Works Director Kornolfe explained* the portion of line on Princess could be taken off. The property owners have baen notified and know they are included. On Magic St. there is a drainage problem, trees would have to be removed, it would need engineering, The Baron Pk. arse could be deleted, It was added because it would be beneficial to the project. The lines are email now, it would give them fire protection. Mayor Wagoner explained, he proposed the 5d %. They have been trying to come up with o figure to make the money go further. Mc one in the City should be entitled to free water 6 sewer and streets. VUTE, Hain Motion as Amended; Motion passed unanimenaly by roll cell vote. C -4 Res. 05 -42 - Setting Percentage of Fair Market value on Leese of City Lands MOTION; Councilmen Ackeriy moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent, C -5 Res. 05 -45 - Resolution to Legislature Supporting Additional Staff at Wlldwoad MOTION, Councilwoman Bailie moved, seconded by Councilwoman Woofer, to adopt the resolution. There was no public comment. Councilwoman Bailie explained, staffing is vary eritioal, The Pro -Trail is redesigned, they are working with 4 -man shifts. There is a potential for IB employees, 60 total, a 6 -man shift, The Palmer ratio ie about 1 to 16. The Advisory Council is sending a letter. R request had been sent for additional people, but funding was cut, MOTION, Amendment; 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. Councilman Wise explained, the only justification is if security is threatened. Motion passed unanimously by roll ue11 vote. -71- • Suggested by PLannxng & Zoning CITY OF KENAI ORDINANCE RD. 1036 -85 AN ORDINANCE OF THE 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, Kt4C 1 .20.270 estabiiahss a procedure to amend the Offltial Zoning Nap or the City of Kenai, and WHEREAS, the rezoning petition has hean received from C.R. Baldwin, bearing signatures of a majority of the property owners within the designated Cinderella /Princess /McCollum area to "crone the referenced lands from Rural Residential (RR) and Suburban Residential (RS) Districts to Rural Residential One (RR -1) District, and WHEREAS, the Kenai 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 SY THE COUNCIL OF IRE CITY OF KENAI, ALASKA, that the Official Zoning Map of the City of Kenai shall be emended as follows: Section 1: Subject property consisting of those lands depicted in Exhibit "A" are hereby rezoned to Rural Residential One (RR -t) Dletrict. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this tat day of May, 1985, .First Readings April 17, 1985 Second Reading: May 1, 1985 Effective Date: June 1, 1985 -72- /ONG, f 1 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 RRI Evolution and Potential Revisions By way of quick review the journey of zoning in Kenai has had some interesting turns and resists. • 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. • 1983 — The "Advisory" P &Z Commission initiated an inventory of land uses and amendments to the Land Use Plan and Zoning Maps. • 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 1" effective date. • 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 all. 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 exchange for two things: 1) a zoning to R,R1 — a more restrictive, larger lot zone, and 2) the right to have a say of how the neighborhood would be developed in the future. • 1995 — Chumiev applied to rezone a portion of RBI he owned. to General Commercial — voted down by the P &Z Commission with no appeal to the Board of Adjustments • 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 asked 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. • December 11, 1997 Churnley 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. • 1998 — The code itself was modified to be compatible with the Land Use Tables and to conform with other sections of Title 14. • 2008 -2009 — Attempt was made to first spot zone, then ultimately strip zone a section of RRI 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. -74- 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. I hope Prop A serves more as an opportunity for government to engage the governed in implementing improved zoning practices. Since our or;ginal 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 first step would be to revise the RR1 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 planting 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 RR.1 as a guinea pig, the first zone to revamp We are volunteering. o RR.1 consists of only 2 neighborhoods so it is a manageable area to begin with, o RR1 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: I )Council, 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. -75- ACTIVE CONDITIONAL LSE P F HITS AS OF 2 -14 -11 -76- Active Conditional Use Permits 7/16/1975 7554 Extraction of Natural 2817 Beaver Loop Rd RR J Resources 1/9/1985 8588 Bed & Breakfast 702 Lawton Dr. RS2 6/12/1985 8422 Extraction of Natural 1001 Angler Dr. RR Resources 11/9/1988 8809 B &B /Guide Service 909S. Ames Rd. RR 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 d' Resources 4/24/1996 9627 Primary School 105 N. Gill St. CG 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 'j 7/23/1997 9738 Extraction of Natural 805 Gravel St. RR C 7 Resources 9/9/1998 9843 Cabin Rentals & Guide Service 1525 Angler Dr. RR L12' 2/24/1999 9905 Cabin Rentals /Lodging /Boat 1125 Angler Dr. RR Parking 4/14/1999 9912 Welding & Metal Forming 911 Ames Rd. RR U Business Monday, February 14, 2011 -77- 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. RS RS h RR RR 6/12/2002 200229 Cabin Rentals & Guide Service 1005 Angler Dr. RR 6/12/2002 200230 Cabin Rentals /Hotel /Guide 1545 Angler Dr. RR Service 10/9/2002 200260 Transitional Living Office 403 N. Gill St. RS C 5/14/2003 200315 B &B /Guide Service 1555 Angler Dr RR C 9/24/2003 200342 B &B /Lodge /Guide Service 1535 Angler Dr. RR 10/22/2003 200343 Hotel /Motel /Restaurant /Bar/ 2101 Bowpicker Ln. IH C Vendors /Bakery /RV Park 12/10/2003 200349 Daycare - Group Horne 2730 VIP Dr. RR 10/13/2004 200441 Day Care - Group Home 1511 Fathom Drive RS 1/12/2005 200503 Condos 2291 Bowpicker Ln IH 6/8/2005 200535 Extraction of Natural 2369 Beaver Loop Rd RR Resourcesw /Storage 6/8/2005 200534 Recreational Vehicle Park 810 Childs Ave. IH d' 12/14/2005 200564 Storage Yard 1755 Cone Ave. RR C' 4/12/2006 200626 Lodging and Guide Service 1035 Angler Dr RR J' Monday, February 14, 2011 Page 2 of 4 -78- 9/27/2006 10/11/2006 10/25/2006 12/13/2006 12/13/2006 2/28/2007 5/23/2007 7/25/2007 12/12/2007 3/26/2008 6/11/2008 9/10/2008 10/22/2008 12/10/2008 2/11/2009 3/25/2009 5/12/2010 200664 Cabin Rentals 200665 Cabin Rentals 200671 Commercial Kitchen 200684 Hotel (Short-term Recreational Rentals) 200685 Hotel, Guide Service & Boat Parking 200710 Daycare 200716 Residential Treatment Facility 200735 Amend CUP from B &B /Guide Service to Lodge /Guide 200762 Planned Unit Development 200814 Guide Service adding Lodging 200832 Lawn Care & Hydoseeding Business 200849 Professional Office 200853 Restaurant /Catering 200861 Coffee House 200905 Vocational Center 200915 Assisted Living Facility - Senior Living 201012 Professional Office Monday, February 14, 2011 -79- 1045 Angler Drive 350 Ames Rd 601 Davidson St. RR ill RR RS d 1230 Angler Drive RR 1105 Angler Drive RR 1228 Lilac Lane RS 320 5. Spruce St. RS 1505 Angler Dr. 1001 Angler Dr. 1135 Angler Dr. 1902 & 1904 Aliak Dr. 211 Portlock St RS 510 Upland St. 602 Petersen Way TSH 2880 Beaver Loop Rd. RR 750 Baleen Ave., Suite 1 RR d RR RR RR TSH' 9520 Kenai Spur Highway RR1 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. 10/13/2010 201042 Well Pad 1430 Bridge Access Rd 10/13/2010 201041 Compressor Site 1377 Bridge Access Rd 10/27/2010 201043 Short term rentals 412 N. Forest Dr. 1/26/2011 201101 Gas Manufacturing /Storage 700 Marathon Rd. Monday, February 14, 2011 -80- RR C RR IH IH - RS Split J Page 4 of 4 Conditional Use Permits in RR1 Zone :Safi lialiallikte 1.‘p.,,ararS „ 5/12/2010 201012 Professional Office Monday, February 14, 2011 -81- 9520 81 - 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 Wednesday's meeting. Cordially, Georgia Poynor 4560 Wolfe St Kenai, Ak 99611 907 283 8166 1 -82- Carol Freas From: Gloria Wik [gwik @alaskanetj Sent: Tuesday, April 05, 2011 7:31 AM To: Mayor Porter; mboyle @alaska.com; bob @molloyforcouncil.com; cpajoe @altrogco.corn; ryan @marquisforkenai.com; terry@bookeyforkenai.com; briangabriel @acsalaskanet; 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 -83- 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 1 -84- 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 7 Fahnholz 565 Wortham St Kenai AK 99611 (907) 283-6440 -85- April 26, 201 I. Marilyn Klcbseista.l, A1C Planning & Zoni City of Kenai 210 Fidalgo Avenu Kenai, AK 9961 1 RE: Objection to 114:'22.010 in the RSR -t Zoning ar Ms. Kehs email riiteiiti ijul e el €Ise 3.,srs€. Lae ias Trust Lan' Office ('l' .0) received your work se: sior: ncciee o Alrri.i 25, 201 i concerning the lsrclsasca City of Kenai's Ordinance No. 2546 -201 1, that wouit' aas?end Title 1.4.'0_2,0/0, making comprehensive changes to the Land Use Table in the it tlia? Residential 1 (R.R -1) Zoning Digit-kJ. hlk l 'f..,O received notification (not from the City of Kenai but Front a third party) an April 25, 2.011 and two days notice is limy, {y insufficient notice for the TLO start to attend. the April 27, 2011 work session.. The Trust. owns parcels loeatecl in the 2R -1 Zone, more specifically described as the Wi SW14 SW Y., o Section 33, T, 6 N ., R. i 1 tilt., and the 5E 1/4 cif Section 6, T. 5 N., R. I 0 W. aI within the Seward Meridian. I'he' "LO king ti se /ands as Mil Parcels S'vz -1024 (surface estate) and 850113 (oils and gas estate only). The 'Kenai Peninsula Borough identifies the Trust land as Parcels number 04501 005 (SM-1024) in the MAPS area and the oil and ,gas estate of the Three W's Subdivision (550113). After reviewing the available informal TLO strenuously objects Ordinance No. 2546-2011. This proposed Ordinance will severely restrict or climina possi /site use of the land, greatly depredating the economic value of Trust land. This ac clan-Jag € tilt i E,O mission of Evenel acing revenue for our beneficiaries. The TLC) also questions whether this proposed Ordinance comp ies wt.th the guidelin City of Kenai's Comprehensive Plan. and if a p annin process Sias been employed to dote that the impacts of the proposed. Ordinance will benefit the who eosnmunity of Kenai. The MO O has not had sufficient time to research and review all the info ire proposed Ordinance will cerise oal ;'rust nand in the area. The 1.7.,0 reques any cilium meetings and. be sent any new int"ortnationregading Ordinance 2546 -2011. Alaska. ;`4e:n;:n1 H< r< ...sr find Office 5.02 A.rcherm5e, Alaska -86- -N&SG Fax:907 x59-4905 if wcohere. "iand.o. Please send all ncifiiicatrons regarding= Trust Land Office 718 Street, Suite 202 _Anchorage, AK 99501 trust Lan( C7'r` ice ¢ravages Alaska Mental Health Trttst land to oenc:i'tt rrresrtaf tettliis enehciaries in the state. Our mission includes maximizing revenue from Trust lands for else Trust. Eliminating ia.uci LIses on Trust llacu, in finis case, would restrict or diminish the highest and hest use of these parcels. If you have questions or FJish tto cotta Appolioni at (907) 602 -7916. We sincerely appreciate e call Trust kesotcroe Banat tr, Victor of`ourr objection. -87- Carol Freas From: Marilyn Kebschull Sent: Tuesday, April 26, 2011 3:51 PM To: Carol Freas Cc: Rick Koch; victorappolloni ©alaska . gov Subject: FW: Trust Land Office Response to Ordinate 2546 -2011 Attachments: TLO Letter Dated 4- 26- 2011.zip Carol, I spoke with Mr. Appolloni and he has asked that the information included in fus email and the attached letter be provided to Council in reference to Ordinance. No. 2546 -2011 Marilyn K. Kebsc`r , CICP Planning Administration Ply of Kenai 210 4 idaiao A.ve.nue KEeaSKA Kenai, AK 99611 907 - 283 -8235 From: Appolloni, Victor E (DNR) lmailto :victor.acpolloni@alaska.00v) Sent: Tuesday, April 26, 2011 3:44 PM To: Marilyn Kebschull Cc: glenda(Tholendafeeken.com Subject: Trust Land Office Response to Ordinate 2546 -2011 Marilyn, Attached is a response from the Trust Land Office (TLO) regarding the City of IKenai's proposed Ordinance No. 2546- 2011. As the letter states, the TLO will not be able to attend the work session due to the two days notice the TLO was informed of the session. Please include the attach letter in the work session and on the record. Victor Appolloni Trust Resource Manager Trust Land Office 718 L Street, Suite 202 Anchorage, AK 99501 Office: (907) 269 -8658 Fax: (907) 269 -8905 Cell (907) 602 -7916 1 -88- 'Village with a Past, Gity with a Future 11111 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 MEMO ND[ M TO: Mayor Porter Vice Mayor Boyle Council Members Bookey, Gabriel, Marquis, Moore FROM: Council Member Molloy DATE: 05/12/11 SUBJECT: Ordinance No. 2546 -2011 Public Hearing 1991 At Council's April 6, 201 1 meeting, Council voted to introduce Ordinance No. 2546 -2011 and to send notice cards to all property owners within the RR -1 Zoning District. The Council also voted to postpone the public hearing on Ordinance No. 2546 -2011 until the May 18 2011 enuncil meeting and to refer this ordinance to the Planning , Zoning Commission with direction to hold a work session and public hearing on the ordinance, and then to return the ordinance to Council prior to May 18 with the Commission's recommendations. During its April 27, 2011 meeting, the Planning & Zoning Commission temporarily adjourned the meeting and held a work session on Ordinance No. 2546 -2011 for nearly two hours and forty minutes. When the Commission reconvened the meeting, there was a motion to schedule the public hearing for the Commission's May l 1, 2011 meeting. It appears that there was a misunderstanding by the Commission over whether Council had directed, or merely requested, that the Commission hold a public hearing. The Commission voted not to schedule a public hearing at its May 11, 2011 meeting. The Commission took no other action on the ordinance, and returns it to Council without recommendations on the proposed amendments to the Land. Use Table for the RR -1 Zoning District. - 1 - Memo 5/12/2011 -89- it is my understanding from the City Manager and Planning Administration that a work session has been scheduled for the Planning & Zoning Commission for their June 8, 2011 meeting to begin reviewing existing and future land use and zoning, as part of the comprehensive planning process, and that this will probably take several work sessions. The process that I propose below will dovetail well with the Commission's related review of the "big picture," since the first Commission work session on this ordinance would he at the meeting where the Commission would have a third work session on existing and future land use and zoning (if the Commission needs three work sessions). Action Requested of Council at 5 /18/11 Council Meeting: (1) After public hearing, postpone the Council's further action on the ordinance until Council's second meeting in August (the August 17, 2011 meeting), for an additional public hearing; (2) Refer this ordinance to the Planning & Zoning Commission with directions to schedule. and hold a work session or work sessions, and to schedule and hold a public hearing, and to return the ordinance to Council with the Commission's recommendations in the packet for the August 17, 2011 Council meeting; and, (3) Direct Administration to send notice cards to all property owners within the RR -1 Zoning District regarding the Commission's work sessions and public hearing on the ordinance. Proposed Timeline for Public Process: I propose the following timeline for the review and consideration of this ordinance. Potential dates for Council's work session: Monday 6/13/11, Tuesday 6/14/11 Thursday 6/23/11 Monday 6/27/11, Tuesday 6/28/11, Wednesday 6/29/11 Planning & Zoning Commission: July 13, 2011 July 27, 2011 July 27, 2011 August 10, 2011 August 12, 2011 - 2 - Memo 5/1212011 Council Wnrk weccinn Planning & Zoning Commission Work Session (By this date, the Commission should have held two work sessions on existing and future land uses and zoning at the 6/8/11 and 6 /22/11 Commission meetings) Planning & Zoning Commission Agenda Item (Schedule Public Rearing) Planning & Zoning Commission Work Session Planning & Zoning Commission Scheduled. Public Hearing Planning & Zoning Commission recommendations to Council (in packet) -90- Back to Council: August 1.7, 2011 City Council Scheduled Additional Public Hearing /Action Given that Ordinance 2546 -2011 is back to Council without recommendations from the Commission on the proposed amendments to the Land Use Table for the RR -I Zoning District, I respectfully request the Council's support of this action requested. - 3 - Memo 5/12/2011 -91- KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 15 VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman: Yes Molloy 1 Moore 1 Marquis Yes No Yes Boyle 1 Yes 1 Porter Yes Gabriel Yes I Bookey 1 Yes MOTION PASSED. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone the public hearing on Ordinance No 2546 -2011 until the May 18, 2011 council meeting and to refer this ordinance to the Planning & Zoning Commission with direction to hold a work session and public hearing on this ordinance and return the ordnance *o Council prior to May 18 with the Commission's recommendations. Council Member Bookey SECONDED the motion. VOTE ON MOTION TO POSTPONE: *Student Representative Coffman: Yes Molloy Yes !Boyle Yes Porter Yes Moore j Yes Gabriel Yes Bookey Yes Marquis I Yes MOTION PASSED UNANIMOUSLY. G -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, Introduced by consent agenda approval. 0-5. *Ordinance No. 2548 -2011 -- In.creasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment, Introduced by consent agenda approval. G -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 -44- -92- Cook Inlet Academy student Kelsey Leaf gave a presentation on her "Caring for the Kenai" Project regarding reforestation within the City and entitled, 'Gift of Green." Ms. Leafs project won first place in the cocnpetiti.on held on April 21, 2011. Appropriations were made and a. contract awarded for the Water Treatment Facility. 9 -b. Borough Planning -- No report. 9 -c. Administration -- City Planner Kebschull reported approximately 80 people attended the Comprehensive Pian Collaborative Planning Session held on April 23, 2011 and, a draft ordinance regarding outdoor wood burring boilers would be presented to the Commission at a future meeting, ITEM 10: PERSONS PRESENT NOT SCHEDULED Mark Schrag, 312 Princess, Kenai -- Spoke about the process required to receive a building permit, noting his desire to stay within his original schedule. ITEM 11; INFORMATION ITEMS 11 -a. Memo dated 4/20/11 regarding Outdoor Wood Burning Boilers ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. May 11, 2011 No Commissioners requested an excused absence for the May 11, 2011 meeting. ITEM 13: COMMISSION COMMENTS & OUESTIONS Navarre - Empathized with Mr. Schrag regarding the permitting process, but noted it was best to follow the procedure. Rogers, Koester, Romain, Twait -- No comments. Iinackstedt -- Noted he attended the April 23, 2011 Comprehensive Plan Collaborative Planning Session and found it educational. CONVENED INTO WORK SESSION: 7:22 p.m. 9:36 p.m. BACK TO ORDER: 7 -a. Discussion /Set Public Hearing -- Ordinance No. 2546 -2011 —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 1 (RR -1) zoning district including PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 4 -81- -93- 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 zoning district. MOTION: Conunissionner Remain MOVED to schedule a public hearing at the next Planning and Zoning Commission meeting and Commissioner Rogers SECONDED the motion. Commissioner comments included: • The discussion during the work session was good. Commission was not ready to set a public hearing. Suggested getting good input through the Comprehensive Plan proces and then working on the Land Use Table. • Suggested the two neighborhoods work together. Noted the Commission had to look at the City as a whole. Thanked the public for their input. • Thanked Council Member Molloy for his work on the ordinance. VOTE: Knackstedt NO I Koester NO NO Rogers Bryson NO } ABSENT Navarre NO I Twait Romain NO MOTION FAILED. ITEM 14: MOTION: ADJOURNMENT Commissioner Navarre MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:52 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 5 -82- -94- (n PETITION OF SUPPORT FOR KENAI ORDINANCE 2546 -2011. We the undersigned, hereby support Kenai Ordinance 2546 -2011, an Ordinance Amending KMC 14.22.1[11, Land Use changes in the Rural Residential RR -1 Zoning District; and we urge the Kenai City Council to adopt this ordinance without d Date Name xrint sin Mailing Address and Residence Address if different) Telephone / E -coal f (Optional) 1� 71 Print a ivjvs Mail: I0Gf pla4 iC A✓_ Residence. 5 r E 1n i5 ,yti v1 Sign ( i g u�t , j ,, v t , fell Print: ui_a e UtAR Nail: 7,5' ,, s cz;� t\Q t R L i rci07 ) &-s33 i 7 1 G Sign: � ]2esidences,rtrrl E Print: \€ yva-rolk Mail: Fc, SJOK cj </ /i1< A--,_„„2", Residence: - 3 3 iiiiE..115Wcz(;,ke.na.i 1.‘, kge;l1 —2 malt' i.o.r3o3y� K�u� Residence: - „Rig." Sign: 1 £�e� Print: is Ifer t vO& ��� `� Sign: ,� / �` Print Ll;c�d ( i 'e 2 e.. Mail 3e $ 4 •, .. u k. Mc-V1/4(P 1 Residence: 5ca Sign: ; � i Print: Mail: Sign: Residence: Print: Mail: Sign: Residence: Print Mali: Sign: Residence: Print: Mail: Sign: Residence: Punt: Mail: Sign: Residence: PETITION OF SUPPORT FOR KENAI ORDINANCE 2 -2011 mull We the undersigned, hereby support Kenai Ordinance 251 ff -290+, an Ordinance Amending KMC 14.22.101, Land Use Table, to make ehanges in the Rut-al Residential 12R -1 Zoning District; and we urge the Kenai City Council to adopt this ordinance without delay. Date Name (print, sign) K S Mailing Address and Residence Address if different) ail: l C Residence: Telephone / E -mail O tional) Mail: f Residence: Print: Sign: Sign:c3, Print: pp u I.,1 Print: ,III Sign: Mail: Residence: Mail: 9c' *; ak l p Residence: Cnc 7. Paric- Mail: /76,0,7✓7/55 o c.- Residence: c -4 /f -. / Mail: g 1 y Fo<z-c oe CI _ Residence: jc7}41,0cI AK . C Mail: _745 re Residence: Print: L , }cN ' o Residence: , c54-- , V PETITION OF SUPPORT FOR KENAI ORDENANCE 2546 -2011 We the undersigned, hereby support Kenai Ordinance 2546 -2011, an Ordinance Amending KINK 14.22.101, Land Use Table, to snake changes in the Rural Residential RR -1 Zoning District; and we urge the Kenai City Conned to adopt this ordinance without delay. Sign` Print: Sign; ( Sig -. ailing Address and Telephone / E -mail Residence Address if different O tional Matt: \\ Residence: �1 e 1aiL !� x /5-11 �f Residence: tizUcl /71cL, / /cm� $D,Y Mail: . \Th c, tea_. Residence:;, 7S Print:M /4A Sign' Print: Sign: Print: Sign: Residence: Mail: 4/ CV" M Residence: Mail: Residence: Residence: Prin Sign: Print: Sig Residence: Residence: PETITION OF SUPPORT FOR KENAI ORDINANCE 2546 -2011 We the undersigned, hereby support Kenai Ordinance 2546 -2011, an Ordinance Amending KMC 14.22.101, Land Use Table, to make changes in the Rural Residential RR -1 Zoning District; and we urge the Kenai City Council to adopt this ordinance without delay. Date Name (print, sign) t.vs -\ Print: A Li/ 2Q \1 Sign: Print: Sign: Print: Sign: Print: Sign: Print: Sign. Print: Sign. Print: Sign: Print: Sign: _ ............. Print: Sign: Print: Sign: Mailing Address and Telephone / E -mail Residence Address : if differe O ti on Mali: Residence: Ma Residence: Mail: Residence: ail Residence: Mail: Residence: Mail: Residence: Mail: Residence: Mali: Residence: Mail:. ... Residence: Mail: Residence: CO co PETITION OF SUPPORT FOR KENAI OR CE 2546 -21111 We the undersigned, hereby support Kenai Ordinance 2546 -2011, an Ordinance Amending KMC 14,22,101, Land Use Table, to make changes in the Rural Residential RR -1 Zoning District; and we urge the Kenai City Council to adopt this ordinance without delay. Name srint start Mailing Address and Residence Address if diff Telephone I E -mail O tional Mali: Residence: lvlail: Reside Print: S 01,k u— Print: do kr, _ 1 , ityct S, Print: Sign: VIP jJc Residence ��. Mail: jli 5 9' Residence: 3o x Ca 1.-7:14 cc Nlayl: ( 0 7 TC/C -•-) ale • Residence: ail: Reside Mail Print: Sign: ,n v Print:, Sign: z Print: 7 Sign: Print Sign: /0,2 -gam i / sf . Residence: 6R Residence: Mail: tD Residence: Jt 5 PETITION OF SUPPORT FOR KENAI ORDINANCE 2546 -2011 We the undersigned, hereby support Kenai Ordinance 2546 -2011, an Ordinance Amending KMC 14.22.101, Land Use Table, to make changes in the Rural Residential RR -1 Zoning Distriict; and we urge the Kenai City Council to adopt this ordinance without delay. Na Mailing Address and Residence Address if differe fitteat.N,My ark Sign: Print: Sign: Print: Print: DA -/'e: Sign: Print: Sign: Mail: Residence: 1Viai1: Residence: _54 yn Mail: i 'Z hilo Ki al e SF Residence: -3c,„ e_. o ' Mail: i?rs>c fb8f 4?e?a�' Telephone / E -mail 0 ±tinna Residence: zy p6 ex.( jo✓& r- ytoj Mail: 07 Ca a.-Ic Aug Residence: l Print: 0. tr , Sign: Print: 15 r 2 ,<„,0 ( !Co Sign: Print: Sign: Print: Mia Residence: Mail' Residence: Mail: Residence: 1'1 Residence: 114ail: Sign: Residence: PETITION OF SUPPORT FOR KENAI ORDINANCE 2546-2011 We the undersigned, hereby support Kenai Ordinance 2546 -2011, an Ordinance Amending KMC 14.22.101, Land Use Table, to make changes in the Rural Residential RR -1 Zoning District; and we urge the Kenai City Council to adopt this ordinance without delay. Mailing Address and Telephone / E -mail Residence Address lif different O tional Resident sal: 4`.� sidence: Mail: Residence Mail: sidenc i ail: Po 8o)( alCq`% sidence: -s (1 y,tt fJ Residence: &UI) 1.3e -4.C/ Malt: ciio vre4-4t Residence: 6 r_t2. Pr Si Pr Si Pr Sign: ail: U9) Mi��iG 1� 4Rn Residence: ryi Residence: Mail: Residence: PETITION OF .SUIPPORT FOR KENAI ORDINANCE 2546 -2011. gased, hereby support K idential RR -1 changes ixa tlae R Name srint, si i Ordinance 2546.2011, an, Onlinance Amending K 1C 14 22.101, Land UseTabi g District; and we urge the Kenai City Conncii to adopt this ordinance Reside Mg Address and ddress {t19!rentQ Print Sign: Paint: Si Print: es 'donee Reeidenc ail: side Print: gn: O CO PETITION OE SUPPORT RR.KENAI ORDJNAN T. 2516 -?201 aipport Kenai Ordinance 2516-2011, an Ordinance Anaenrting KMC 14 22,101, l acts ia6 1211 -1 Zoning ,District; and we urge the Kenai City Celtncii to adopt this ordinan Mailing address and • ixat, si�aa si€ience Address of different Print: Sign: Tail: Residence: R Tahle, to make sLit delay, Print Print :es.nence: 4ait: e _ ,csidencc: flail: sidence: 3aii. _ w esidence: Print: Print, Sign: Print, Sign: Print Sign: Reside Mail: R silence: it Residence: PETITION OF SUPPORT FOR KENAI ORDINANCE 2q 2011 �zo II We the undersigned, hereby support Kenai Ordinance 25% - 2001; an Ordinance Amending KMC 14.22.101, Land Use Table, to make changes in the Rural Residential RR -1 Zoning District; and we urge the Kenai City Council to adopt this ordinance without delay. Mailing Address and Residence Address if different Telephone / E -mail O+tional Print: Print: Sign: Print: Mail: '5 s- Residence: Mail: $125 ci ' arc 0' Mail: Residence: y- Mail: ei —4,9 L 4 / y Residence: J Mail: Residence: Mail: 3 Residence: Print: boo- Mail: & Residence: Mail: i rlly r',- 1e21n/ce DR 79.6 /L Residence: , Print: L Gt4'(Lu Sign: l y uJ &u Mail: Residence: PETITION OF SUPPORT FOR KENAI ORDLNANCE 291 b-2011 ;Lc- l l We the undersigned, hereby support Kenai Ordinance 2941n - 21101, an Ordinance Amending KMC 14.22.101, Laud Use Table, to make changes in the Rural Residential RR -1 Zoning District; and we urge the Kenai City, Council to adopt this ordinance without delay. Name (print, sign) Mailing Address and Residence Address (if different) Ma il: 54,S k 20 0- -13rPr , St 242-1,31:51-1 Telephone / E -mail (Optional) Sig Print: Print Mail: _5-7 S' c >n ,(7ff 4,, S Residence( Mail: o Residence: Print:`�h& Sigh: Residence: Print: DALt S_ocs"tP% ail: Print: Sigh: p ' N,_`` cr<-6 -- idence: Mail:J Residence: Print: Sign: lail: asidence: PETITION OF SUPPORT FOR KENAI ORDINANCE 2SN4 -2011 gLoI We the undersigned, hereby support Kenai Ordinance 251-}b -340-r, an Ordinance Amending KMC 141.22.101, Land Use Table, to make changes in the Rural Residential RR -1 Zoning District; and we urge the Kenai City Council to adopt this ordinance without delay. Date Name (print, sign) Print: Print: Sign: Print: Print: Sign: Print: Mail: Residence: Mail: i7 C-7 Residence: ing Address and Residence Address (if different) t S4. Telephone / .E -mail (O ti.on Residence: q-g S LA, , r"ifte. lail: C !C Residence: Mail: 4 "i Residence:.. Mali: C Residence: 3 Mail Residence: Print: l Sian: ail: 52b CC&,v cc C� e4C 11Jc1_ {/ Si Residence: ; Prig : Mall: Sian Residence: PETITION OF SUPPORT FOR KENAI ORDINANCE 2 -2011 We the undersigned, hereby support Kenai Ordinance 2 -2901, an Ordinance Amending KMC 14.22.101, Land Use Table, to make changes in the Rural Residential RR -1. Zoning District; and we urge the Kenai City Council to adopt this ordinance without delay. Name ,rint, sign) Print: • «vim Residence: Mailing Address and Residence Address (if different) WDC'tlitton . K Telephone / E -mail (Optional) Residence: an: S- c-._141 se..•. Residence: 5 i2 Print: G c k tah e Ili 1 ecl^ -rc Sign: cC c - Residence: Sign: Print: %1 yo t,x zit' 5, We-4166, Aic Residence: y1 (mnn..tsc :, Mail: Residence: Mail: Residence: Mail: (& f dTC f 0 0 ire? 5r701Cy ✓,F Residence: s. ss tef ,'n rJ/ Cen Mail: li ` ) c-am� r � t Residence tO Clay aiI: Residence: Vvo /I- rk ii f /l.t ADD TO: None. MAY 18, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: D -1, Ordinance No. 2546 -2011 -- • Email transmission from Kellie Kelso in support of Ordinance No. 2546 -2011. • J. Twait, Planning & Zoning Commission Chair, letter reporting on Commission's work session of April 27, 2011. CITY CLERK • 5/17/2011 M. Kebschull, City Planner, memo identifying planned Planning & Zoning Commission work session and schedule. ADMINISTRATION CONSENT AGENDA Carol Freas From: Kellie Kelso [kkelso @alaska.net] Sent: Tuesday, May 17, 2011 6:00 PM To: Carol Freas Subject: Ordinance 2546 -2011 Dear Carol, Please find below my comments re: Ordinance 2546 -2011 for the May 18, 2011 council meeting. Thank you for your work in getting this to Council. Sincerely, Kellie Kelso Dear Council, I am unable to attend the May 18 council meeting, but wanted to address Ordinance 2546 -2011 Though I do not live in an area zoned RR1, I live in a neighborhood in Kenai which has been threatened by commercial encroachment and I have spoken to many Kenai residents who are concerned by similar threats. Please change the permitted uses of the RR1 zone land use table to those recommended in Ordinance 2546- 2011. After attending both the April 6th council meeting and the April 27th planning and zoning work session, I realized there were three recurring arguments for not proceeding with this important land use change: Argument #1: "It's moving too fast." What is this request really about? It's about people living in the most restrictive residential zone in the City of Kenai, who want to make sure it stays that way. The MAPS folks have been fighting for this ideal since 1985, the first time their residential neighborhood was under threat from commercial development. They fought for it again last year when they were able to defeat the push to rezone a portion of their neighborhood to Limited Commercial. They then tried to protect their neighborhood by spending countless hours working with the City to develop the MAPS Special Zone. Far from moving too fast, isn't it clear that it hasn't been moving fast enough? Argument #2: "This proposal has not followed the proper channels." These residents have tried for years now to follow all the proper channels and meet all the City requirements for effecting change. This is not meant as a criticism of any one city employee or city department, but I would ask Council to consider that city government's "proper channels" are a maze of very confusing rules that are almost impossible for the average resident to figure out. Why would a wonderful proposal like this be dismissed simply because some council members feel like it didn't follow "proper channels "? Argument #3: "Just wait for the results of the Comprehensive Plan." I was surprised to hear the argument that this change can't go forward until we find out what the new Comprehensive Plan will say. The current Comprehensive Plan says that we should protect the sanctity of our neighborhoods. I attended the Comprehensive Plan Meeting on April 23`d. Probably one of the single, biggest issues at that meeting was the need for exactly this kind of residential protection. At the April 27th planning & zoning work session, the City Planner said the Comprehensive Plan could take over two years to complete and in order to make a change like this, they would then need to look at the Land Use Table as a whole, which could take another couple of years to complete. Is it reasonable to ask these residents, who have acted in good faith and got signatures from 99% of their neighbors supporting this change, to wait an additional four to five years before moving forward on this issue? Thank you for your support of this positive step towards securing our residential neighborhoods. Sincerely, Kellie Kelso 117 Walker Lane Kenai JEFF TWAIT May 1.8, 201.1 To Whom It May Concern: 1 would like to clarify for your information the Planning and Zoning Commissions work session that was held on April 2711. After the 2 hour and 40 minute work session the Commission went back on the record to discuss setting a public hearing. After a motion was made the commissioners began discussion, unanimously the Commission agreed that the work session had been a very productive one, however they also unanimously agreed that there was much more work to do on this proposed ordinance. Since the real basis of the proposed ordinance was to amend the Land Use Table we felt it would be irresponsible to set a public hearing when without exception all thought there was much more work to be done. As the work session went on more and more questions came up regarding the proposed ordinance, which is typical in all of our work sessions. The confusion we had was that we were supposedly being mandated to hold the public hearing even if we hadn't felt it was ready. Beyond the fact that we didn't believe it was ready for a public hearing it seemed to us that we could possibly lose the ability to weight in properly in the future based on the fact that if we did not recommend approval of the proposed ordinance it would still go before Council and perhaps get voted on there for approval and we would never get the chance to do what we feel is our job to do. I feel it is our duty to do our due diligence in forwarding on to council a proposed ordinance that has been properly vetted by us and the public. .Again all Commissioners feel that there are very sound proposed changes to the Land Use Table but wonder why we don't look at Land Use Table as a whole for the City. Although the new timeline proposed gives us more time to go through the work session process we would like the Council to consider giving it back to us to work on with no time tables so that we can make sure that we have properly done our job to the best of our abilities. Sincerely, Jeff Twait Planning and Zoning Chair 1808 ) h:: ANNA DRIVE • KENAI, AIC PHONE 907 -299 -3919 1/Sage with a Past, Gi with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration` DATE: May 17, 2011 SUBJECT: Ordinance No. 2546 -2011 — Amendment to KMC 14.22.010 — Land Use Table — Rural Residential 1 (RR -1) Zone 1992 n RECE D MAY 1 8 201T K ENAT rn:y CLERK Councilor Molloy has submitted a memo to the Mayor and Council proposing a revised schedule for the Planning & Zoning Commission's review of the above - referenced amendment and setting a time certain for a public hearing before the Commission. A memo was submitted to you after the Commission's April 27th meeting. That memo identified the Commission's concerns with the proposed amendment. The Commission felt that the concerns being addressed by residents of the two RR -1 subdivisions were issues that should be considered for all residential zones in the City. The Commission believes, and administration concurs, that the Comprehensive Plan is the time to review existing land use and zoning and to make recommendations for proposed and use changes based on that review. As part of that process, the Commission will be reviewing the definitions for each zone and the Land Use Table. The Commission has set a work session for the June 8`h meeting to begin this process. It is unknown how many sessions it will take to review existing land use, zoning, and make a recommendation for proposed land use. However, I believe it will take multiple work sessions. After that process is complete, the Commission has agreed to immediately begin a comprehensive review of the Land Use Table. The result of which would be a proposed amendment to the Land Use Table. Given the importance of this comprehensive planning effort to be undertaken by the Planning & Zoning Commission, they should be afforded the opportunity to work through the process without Council placing a compressed schedule upon them. I hope the Council understands the Commission's concerns and as result the proactive process that will begin on June 8th. And, I hope the Council recognizes that the Commission should be given sufficient time to complete a thorough review of land use and to consider amendments to the Land Use Table that will consider all neighborhoods in the City and provide equal protection for those neighborhoods instead of singling out the RR -1 zone. the afy o/ KEN0.ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2554 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE PERSONAL USE FISHERY CAPITAL PROJECTS FUND, WHEREAS, City of Kenai Resolution No, 2010 -20 authorized the City Manager to enter into a cooperative agreement with. the State of Alaska Department of Fish and Game for the Kenai River Personal Use Fishery North Shore Fishery Improvements; and, WHEREAS, the Kenai River Personal Use Fishery North Shore Fishery Improvements included pedestrian walkway improvements; and, WHEREAS, the Youth Restoration Corps donated a used bridge; and, WHEREAS, funds are not available to install the bridge; and, WHEREAS, the U.S. Fish and Wild Life Services offered a Partners for Fish and Wildlife grant of $25,000 to assist in the installation of the bridge and to restore the flood plain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, the City Manager is authorized to enter into an agreement with U.S. Fish and Wildlife Service for the City of Kenai Flood Plane Restoration and Pedestrian Bridge. Personal Use Fishery Capital Projects Fund Increase Estimated Revenues: Transfer from Federal Grant $25,000 Increase Appropriations: Construction $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 2011. ATTEST: Carol L. Freas, City Clerk ,u Approved by Finance: PAT PORTER, MAYOR -108- Introduced: May 4, 2011 Adopted: May 18, 2011 Effective: May 18, 2011 then of KENALAALASKA Wage with a Past, City wit14 a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 b251,1, II Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tl (l f/ MEMO NDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 27, 2011 SUBJECT: Ordinance No. 2554 -2011, Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Project Fund. 1992 Rick, The Purpose of this correspondence is to recommend approval of the above referenced ordinance. The proposed ordinance provides funding for the Meeks Trail pedestrian pathway bridge replacement. The pathway was improved during the 2010 construction season and a bridge was donated by the Youth Restoration Corps. The funds remaining in the project were not sufficient to install the donated bridge. The U.S. Fish and Wildlife Services offered assistance thru the Fish and Wildlife Coordination Act, thru the Partners for Fish and Wildlife Project grant, This Ordinance authorizes and appropriates this grant. the uPy o� KENAI. SKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2555-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,688 IN THE AIRPORT FUND AND BY $147,512 IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR THE ENGINEERING AND DESIGN OF THE AIRPORT APRON PAVEMENT REHABILITATION. WHEREAS, the FAA has approved funding for additional work to be included in the Apron Improvement Project; and, WHEREAS, the estimated cost of the additional work is $147,512; and, WHEREAS, the FAA will fund 95 %, the State of Alaska will fund 2.5 %, and the Airport Fund will provide 2.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $3,688 Increase Appropriations: Transfer to Capital Project Fund $3,688 Airport Im rovements Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund 53,688 Federal Grants $140,136 State Grants 53,688 Increase Appropriations Engineering $147,512 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 2011. ATTEST: Carol L Freas, City Clerk PAT PORTER, MAYOR -1 1 0- Ordinance No. 2555 -2011 Page 2 of 2 Approved by Finance: Introduced: May 4, 2011 Adopted: May 18, 2011 Effective: May 18, 2011 Memo "See Cvtwth&grea .r7enav Peninsula"' 305 N. WILLOW ST. SUITE 200 KENA1, ALPSKA 99611 TELEPHONE 907,283-7951 FAX 907. 283387 To: Rick R. Koch- City Manager From: Mary Bondurant — Airport Manager Date: April 27, 2011 Subject: Ordinance No. 2555 -2011 The above ordinance is necessary to appropriate funds for additional work under AIP grant 3 -02 -0142- 042 -2009 Rehabilitate Apron, Phase 2. The FAA allows the City to amend a grant upwards of up to 15% for work items identified as being directly or incidentally related to Apron Rehabilitation Project. Change order #7 is for completing the apron paving at the south end of the commercial ramp and the paving of the crash truck emergency route to prevent the tracking of gravel by the crash truck and snow removal equipment onto the movement areas. Change order #8 is the installation of a spill control separator in the apron drainage system due to the relocation of the fueling operation to the north end. I have attached documentation confirming FAA approval. Attachments www.ci.kenai.ak.us. -112- From: eric.g.heims @faa.gov Sent: Thursday, April 21, 2011 10:48 AM To: Casey Madden Cc: Kevin Lyon; Mary Bondurant Subject: Re: FW: KMA Apron Change Order 8 FAA concurs with award of CO#8. G. Eric Helms Project Manager Alaska Region Airports Division AAL -622 907-271-5202 Ma f ondurant From: eric.g.hetms @faa.gov Sent: Monday, April 18, 2011 10:42 AM To: Casey Madden Cc: ddouglas @wcbalaska.com; Kirk Hollingsworth; Kevin Lyon; Mary Bondurant Subject: Re: Apron Change order #7 Casey, FAA concurs with CO #7. Please keep an eye on the grant amendment capability for grant 042. I believe you are still in good shape. G. Eric Helms Project Manager Alaska Region Airports Division AAL -622 907- 271 -5202 413- d,n dY KENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2011 -38 Suggested by: City Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING A DATE FOR HOLDING A PUBLIC HEARING ON THE PROPOSED JAMES STREET SPECIAL ASSESSMENT DISTRICT, WHEREAS, the City of Kenai has received a petition to foi ui a special assessment district to bring James Street road to gravel standard of the City; and, WHEREAS, pursuant to KMC 16.10.030, the Council must set a date for holding a public hearing on the proposed Special Assessment District within sixty (60) days from the date of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the date of the public hearing on the proposed James Street Special Assessment District is set for June 15, 2011. PASSED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, this 181h day of May, 2011. A1. 1 m LS1 Carol L. Freas, City Clerk PAT PORTER, MAYOR -114- KEKAL ALASKA "village with a Past, C/ y with a Futisre" 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907)283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: May 5, 2011 RE: PROPOSED JAMES STREET SPECIAL ASSESSMENT DISTRICT Setting of Public Hearing A petition was submitted by property owners along James Street requesting the road be brought to gravel standard of the City. The petition was found to be sufficient; the petition was forwarded to the City Manager, who provided a report to the City Council at the April 6, 2011 Council Meeting; and, the City Manager filed a preliminary assessment roll, with me on May 5, 2011. Kenai Municipal Code directs, upon the filing of the preliminary assessment roll, the Council, by resolution, must schedule a public hearing within sixty (60) days after the date of setting the public hearing. The suggested public hearing date identified in Resolution No. 2011 -38 is June 15, 2011. This date will allow for the required publishing of the public hearing notice in the newspaper at least once a week for four (4) consecutive weeks and the written notice to be sent by mail to every record owner of property within the proposed local improvement district at least fifteen (15) days prior to the public hearing elf -115- CITY OF KENAI RESOLUTION NO. 2011 -39 Suggested by: City Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING A DATE FOR HOLDING A PUBLIC HEARING ON THE PROPOSED JAMES STREET AND KIANA LANE SPECIAL ASSESSMENT DISTRICT. WHEREAS, the City of Kenai has received a petition to form a special assessment district to improve James Street and Kiana Lane by excavating, filling and backfilling with crushed aggregate base course, asphalt paving, striping, signage and other related improvements; and, WHEREAS, pursuant to KMC 16.10.030, the Council must set a date for holding a public hearing on the proposed Special Assessment District within sixty (60) days from the date of this resolution, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the date of the public hearing on the proposed James Street Special Assessment District is set for June 15, 2011. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR -116- Natt KEPI ALASKA `Village with a Past, with a Fatuv'en 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City, DATE: May 10, 2011 RE: PROPOSED JAMES STREET AND KIANA LANE SPECIAL ASSESSMENT DISTRICT Setting of Public Hearing -- Resolution No. 2011 -39 Subsequent to the submittal of the James Street Special Assessment District petition, a second petition was submitted by property owners along James Street and Kiana Lane requesting improvements, including excavation, classified fill and bacldill, crushed aggregate base course, asphalt pavement, striping, signage and other related improvements. The petition was found to be sufficient; the petition was forwarded to the City Manager, who is providing a report to the City Council with this submission prepared for the May 18, 2011 Council Meeting; and, the City Manager filed a preliminary assessment roll with me on May 10, 2011. Kenai Municipal Code directs, upon the filing of the preliminary assessment roll, the Council, by esolutron, must schedule a puhlie hearing within sixty (Fin) days after the date of setting the public hearing. The suggested public hearing date identified in Resolution No. 2011 -39 is June 15, 2011. This date will allow for the required publishing of the public hearing notice in the newspaper at least once a week for four (4) consecutive weeks and the written notice to be sent by mail to every record owner of property within the proposed local improvement district at least fifteen (15) days prior to the public hearing. elf -117- CITY OF KENAI JAMES STREET & KIANA LANE PROPOSED SPECIAL ASSESSMENT DISTRICT PRELIMINARY ASSESSMENT ROLE (GRAVEL STANDARD) PARCEL ID PHYSICAL ADDRESS LEGAL DESCRIPTION OWNER NAME MAILING ADDRESS ESTIMATED ASSESSMENT 4513035 1109 Kaknu Way 304 James Street Stenga Sub. No. 2 Lot 4 Stenga Sub_ No. 2 Lot 5 Smith, Bennet C. Smith, Bennet C. P.O. Box 15224, Kenai AK 99611 P.O. Box 15224, Kenai AK 99611 $ 3,937.59 $ 7,874.38 4513036 4513044 1110 Kiana Lane Dunkley Sub. Lot 1 McComsey, Mark S. 1110 Kiana Lane, Kenai AK 99611 $ 3,767.43 4513049 1106 Kiana Lane Ryan Sub. Lot 1 Blk 1 English, Kenneth M. 1106 Kiana Lane, Kenai AK 99611 $ 3,813.54 4513067 309 Jaynes Street Ryan Sub. Richmond Replat Lot 2A Blk 1 Gemini Park Sub. Lot 9 Richmond, Bill Meyer, Aaron T P.O. Box 3152, Kenai AK 99611 1103 Kaknu Way, Kenai AK 99611 $ 15,664.47 $ 4,373.33 4513060 1107 Kaknu Way 307 James Street Gemini Park Sub. Lot 10 Juliussen, Eugene D. & Bonnie H. Smith, Bennet C. 1306 Kaknu Way, Kenai AK 99611 P.O. Box 15224, Kenai AK 99611 $ 14,874.89 $ 7,874.38 4513061 4513037 306 James Street Stenga Sub. No. 2 Lot 6 4513041 308 James Street Stock Sub. Lot 4 Blk 1 Evans, Jack C. & Patricia L. 308 James Street, Kenai AK 99611 $ 7,871.99 4513045 310 James Street Dunkley Sub. LoL 2 Palm, John R. 2437 Crooked Stick Dr., Kenai AK 99611 $ 7,871.99 CD Proposed James Street LID Assessment Methodologies ASSESSMENT METHODOLOGIES BASED ON ASPHALT SURFACED ROADWAY PROPERTY OWNERS SHARE (50%) OF LID $ 53,447.24 Parcel ID Owner Physical Address Legal Description Double Frontage Lot Size (sf) Frontage (If) Estimated Assessment Based on Lot Size Estimated Assesment Based on Front Footage Estimated Assessment Based on Equal Share 4513035 Smith, Bennet C. 1109 Kaknu Way Stenga Sub No 2 Lot 4 Yes* 6,612 49.52 $ 2,673.66 $ 2,700.75 $ 5,344.72 4513036 Smith, Bennet C. 304 James St. Stenga Sub No 2 lot 5 No 13,226 99.03 $ 5,348.12 $ 5,400.95 $ 5,344.72 4513044 McComsey, Mark S. 1110 Kiana Ln Dunkley Sub Lot 1 Yes* 6,575 47.38 $ 2,658.69 $ 2,584.04 $ 5,344.72 4513049 English, Kenneth M. 1106 Kiana In Ryan Sub Blk 1 Lot 1 Yes* 6,645 47.96 $ 2,687.00 $ 2,615.67 $ 5,344.72 4513067 Richmond, Bill 309 James St. Ryan Sub Richmond Re- plat Blk 1 Lot 2A No 26,300 197.00 $ 10,634.78 $ 10,744.10 $ 5,344.72 4513060 Meyer, Aaron T. 1107 Kaknu Way Gemini Park Sub Lot 9 Yes` 3,700 55.00 $ 1,495.95 $ 2,999.62 $ 5,344,72 4513061 Juliussen, Eugene 0 & Bonnie H. 307 James St. Gemini Park Sub Lot 10 No 29,419 187.07 $ 11,895.99 $ 10,202.53 $ 5,344.72 4513037 Smith, Bennet C. 306 James St. Stenga Sub No 2 Lot 6 No 13,229 99.03 $ 5,349.33 $ 5,400.95 $ 5,344.72 4513041 Evans, Jack C. & Patricia L 308 James St. Stock Sub BIk 1 Lot 4 No 13,230 99.00 $ 5,349.74 $ 5,399.32 $ 5,344.72 4513045 Paim, John R. 310 James 5t. Dunkley Sub Lot 2 No 1'3,240 99.00 $ 5,353.78 $ 5,399.32 $ 5,344.72 132,176 979.99 $ 53,447.04 $ 53,447.24 $ 53,447.20 * For properties with double frontage, lot size and frontage length has been reduced by one -hall ASSESSMENT METHODOLOGIES BASED ON CRUSHED AGGREGATE SURFACED ROADWAY PROPERTY OWNERS SHARE (100 %) OF LID $ 77,924.00 Parcel ID Owner Physical Address Legal Description Double Frontage Lot Size (sf) Frontage (It) Estimated Assessment Based on Lot Size Estimated Assesment Based on Front Footage Estimated Assessment Based on Equal Share 4513035 Srnith, Bennet C. 1109 Kaknu Way Stenga Sub No 2 Lot 4 Yes' 6,612 49.52 $ 3,898.09 $ 3,937.59 $ 7,792.40 4513036 Smith, Bennet C. 304 James St. Stenga Sub No 2 Lot 5 No 13,226 99.03 $ 7,797.35 $ 7,874.38 $ 7,792.40 4513044 McComsey, Mark 5. 111.0 Kiana Ln Dunkley Sub Lot 1 Yes* 6,575 47.38 $ 3,876.27 $ 3,767.43 $ 7,792.40 4513049 English, Kenneth M. .1106 Kiana Ln Ryan Sub Bik 1 Lot 1 Yes' 6,645 47.96 $ 3,917.54 $ 3,813.54 $ 7,792.40 4513067 Richmond, Bill Meyer, Aaron T. 1 309 James St. 1107 Kaknu Way Ryan Sub Richmond Re- plat BIk 1 Lot 2A Gemini Park Sub Lot 9 No Yes` 26,300 3,700 197.00 55.00 $ 15,505.09 $ 2,181.03 $ 15,664.47 $ 4,373.33 $ 7,792.40 $ 7,792.40 4513060 4513061 Juliussen, Eugene 0 & Bonnie H. '307 James St. Gemini Park Sub Lot 10 No 29,419 187.07 $ 17,343.89 $ 14,874,89 $ 7,792.40 4513037 Smith, Bennet C. 306 James St. Stenga Sub No 2 Lot 6 No 13,229 99.03 $ 7,799.12 $ 7,874.38 $ 7,792.40 4513041 Evans, Jack C. & Patricia L. I308 James St. Stock Sub BIk 1 Lot 4 No 13,230 99.00 $ 7,799.71 $ 7,871.99 $ 7,792.40 4513045 Palm, John R. 310 James St. Dunkley Sub Lot 2 No 13,240 99.00 $ 7,805.61 $ 7,871.99 $ 7,792.40 132,176 979.99 $ 77,923.71 $ 77,924.00 $ 77,924.00 * For properties with double frontage, lnt size and frontage length has been reduced by one -halt Cost Estimates for Improvement of James Street COST ESTIMATE INCLUDING ASPHALT PAVEMENT Cost Item Description Unit Quantity Unit Cost Sub -Total Unclassified Excavation CY 2000 $ 8.00 $ 16,000.00 Classified Fill & Backfill Ton 2750 $ 10.00 $ 27,500.00 Crushed Aggregate Base Course Ton 250 $ 20.00 S 5,000.00 Asphalt (2 °) Ton 225 $ 115.00 $ 25,875.00 Striping LF 1280 $ 0.50 $ 640.00 Signs LS 1 $ 500.00 $ 500.00 Driveway Approach EA 5 $ 750.00 $ 3,750.00 Survey LS 1 $ 7,500.00 $ 7,500.00 Sub -Total $ 86,765.00 Engineering @ 12% $ 10,411.80 Contingency @10% $ 9,717.68 Total Estimate $ 106,894.4S COST ESTIMATE EXCLUDING ASPHALT PAVEMENT Cost Item Description Unit Quantity Unit Cost Sub -Total Unclassified Excavation CY 2000 $ 8.00 $ 16,000.00 Classified Fill & Backfill Ton 2750 $ 10.00 $ 27,500.00 Crushed Aggregate Base Course Ton 400 $ 20.00 $ 8,000.00 Signs LS 1 $ 500.00 $ 500.00 Driveway Approach EA 5 $ 750.00 $ 3,750.00 Survey LS 1 $ 7,500.00 $ 7,500.00 Sub -Total $ 63,250.00 Engineering @ 12% $ 7,590.00 Contingency @10% $ 7,084.00 Total Estimate $ 77,924.00 -120- KEKA ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 AND ENDING JUNE 30, 2012. WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the tenth day of June; and WHEREAS, the Council has adopted the "City of Kenai 2012 Annual Budget," which estimates property tax revenue based upon a tax rate of 3.85 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 2011 and ending June 30, 2012 be fixed at 3.85 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. A'I I EST: Carol L, Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR -121- KENAI, AS Nz/ J \A To: Rick Koch, City Manager "Village with a Past, Gi y with a Futarell FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907 - 283 -3014 From: Terry Eubank, Finance Director Date: May 12, 2011 Re: Resolution 2011 -40 Resolution 2011-40 will establish the rate of levy of property tax for 2011. The proposed rate of levy is 3.85 and will result in S385 in taxes being paid for each $100,000 of assessed properly value. The rate is unchanged from 2010 and will generate the necessary property taxes to support the proposed FY12 budget. The Administration recommends delaying action on this resolution until after adoption of Ordinance 2557 -2011 which is scheduled for June 1, 2011. -122- the city of KENAI, ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF PUBWORKS SOFTWARE FOR THE PUBLIC WORKS DEPARTMENT FOR THE TOTAL AMOUNT OF S 16,600. WHEREAS, the administration has identified asset management as a priority; and, WHEREAS, the new software will locate and track Public Works assets; and, WHEREAS, this software was not originally budgeted; and, WHEREAS, Public Works Administration budget had savings in printing and binding and professional services accounts due to capital projects managing contracts; and, WHEREAS, the Shop, Streets, Dock, Building and Parks Departments have operating supplies funds available due to prioritization of operational costs; and, WHEREAS, Water and Sewer have contingency funds available; and, WHEREAS, the new software will improve the Public Works Department to operate more effectively and proficiently. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City is authorized to purchase PubWorks Software for the total amount of $16,600.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR -123- KENAI, A "Village with a Past, Gc with a Future" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 tied Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 IV I 1997 MEMO: TO: Rick Koch, City Manager FROM: Kevin Lyon, Public Works Director DATE: May 12, 2011 SUBJECT: PubWorks (Public Works) Software The Public Works Department is requesting to purchase PubWorks software. PubWorks software is a client - server product specifically designed for Public Works agencies to enable the Public Works department to function with better communication and productivity. The PubWorks software is very intuitive product that is easy to install, administer, and use. The number of agencies currently using this system is 330 and has been in business for 13 years. The pricing and licensing for PubWorks software is sold as a site license that includes the entire City. There is no limit on the number of clients or pc's on software that is installed. The total cost for the PubWorks Software is $16,600 including installation and user training. The annual support and maintenance is estimated at $2,457 a year. Accounts were determined by the director's evaluation of each department and how much the department would benefit from the use of the software. This software would be charged to the following accounts: PWA Comp. Software 001.431.2026= $1,500 Shop Comp. Software 001.432.2026= $1,600 Street Comp. Software 001.433.2026 =$3,900 Building Comp. Software 001.434.2026 = $1,400 Streetlights Operating Supplies 001.435.2026= $1,400 Park Misc. 001.446.2026 =$1,000 Dock Operating Supplies 001.460.2026 =$ 500 Water Comp. Software 010.465.2026= $2,500 Sewer Comp. Software 010.466.2026= $2,500 WWTP Comp. Software 010.467.2026 =$ 300 TOTAL $16,600 -124- COUNCIL MEETING MINUTES AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 4, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak . us ITEM A: CALL TO ORDER L 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 (Public comment limited to 10 minute per speaker) Kathryn Knackstedt -- "Caring for the Kenai' Project Presentation / "Keep Your (Cigarette) Butts Away from Water and Trails." 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 mere than 30 minutes combined on their owrt and on others' behalf) Ordinance No. 2553 -2011 -- Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21.05.010(b) With Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located Within the Airport Reserve; Authorizing the Sale of Lot 2, Block 1, Gusty Subdivision to the Current Lessee, Ma & Pa Alaskan Treasures, Inc.; and Determining That Lot 2, Block 1, Gusty Subdivision is Not Needed for a Public Purpose. 2. Resolution No. 2011 -29 -- Awarding a Contract to Professional Credit Service to Perfoi m Collection Services for the City of Kenai on Delinquent Ambulance Bills. -126- (Clerk's Note: At April 20, 2011 Council meeting, Resolution No. 2011 -29 was amended and subsequently postponed (in order for the contract to be reviewed by Council) to the May 4, 2011 Council meeting. The motion to approve Resolution No. 2011-29, as amended, is active.) Resolution No. 2011 -32 -- Authorizing a Budget Transfer of $8,000 Within the Water and Sewer Special Revenue Fund - Wastewater Treatment Plant Department. 4. Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric & Engineering, Inc., for LED Streetlight Installation 2011 for the Total. Amount of $27,522.68. 5. Resolution No. 2011 -34 -- Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport. 6. Resolution No. 2011 -35 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches From the FY1.1 Rate of $15.00 Per 12 -Hour Period for Parking and $15.00 Per Overnight Camping to $20.00 for Each., 7. Resolution No. 2011 -36 -- Authorizing a Budget Transfer Within. the General Fund, Non-Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub - Surface Rights Agreement Between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA). 8. Resolution No. 2011-37 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $804,302.00. ITEM E: MINUTES 1. "Regular Meeting of April 20, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. -127- 4. *Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention & Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited. to 5 minutes per speaket' 2. Council Member Comments EXECUTIVE SESSION -- None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and Council will consider the ordinance.) ITEM M: ADJOURNMENT -128- INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 4, 2011 1. 5/4 /2011 Purchase Orders Between $2,500 and $15,000 for Council review. 2. Budget Transfer in. Capital Projects in excess of $ 5,000. 4/27 /2011 Ketchikan Gateway Borough transmission requesting a resolution "Cn*nmPmora+ing Cordova Coal Party and Supporting Use of Abundant Resources." 4. 4/26/2011 Alaska Mental Health Trust Land Office letter of objection regarding Ordinance No. 2546 -2011, -129- KENAI CITY COUNCIL - REGULAR MEETING MAY 4, 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 City Clerk took roll, Present were: Pat Porter, Mayor Terry Bookey Mike Boyle Joe Moore Brian Gabriel Ryan Marquis (telephonic Robert Molloy (telephonic) A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: D -2, Resolution No. 2011 -29 -- City of Kenai Ambulance Collection Policy Development Timeline with attachments including Resolution No. 2011 -06 and memorandum of explanation. ADD AS: 0-6, Discussion -- Anadromous Streams ADD TO: G7e, Kenai Peninsula Borough Assembly Report -- Assembly Member Smalley's May 3, 2011 Assembly meeting report. MOTION: Council Member Moore MOVED for approval of the agenda with the changes and additions identified and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. -130- KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 2 VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) B -1. Kathryn Knackstedt -- "Caring for the Kenai" Project Presentation / "Keep Your (Cigarette) Butts Away from Water and Trails." Kathryn Knackstedt, 1602 Barabara Drive, Kenai -- Ms. Knackstedt reported she won fifth place in the 2011 "Caring for the Kenai" competition and presented her program, "Keep Your (Cigarette) Butts Away from Water and Trails." She requested the City assist in educating the public with signage at the dock, public boat launch, boardwalk, Waste Water Treatment Plant, parking areas, etc. She added, she would provide the signs if the City provided the posts and labor to place the signs. Council stated no objection in the City providing assistance as requested and Knackstedt was instructed to contact city administration to arrange for the signing. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Ken Tarbox, P.O. Box 3507, Soldotna -- Mr. Tarbox discussed the upcoming Kenai Birding Festival and invited all to participate in the many events that would be taking place. ITEM D: D -1. 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.) Ordinance No. 2553 -2011 -- Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21.05.010(b) With Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located Within the Airport Reserve; Authorizing the Sale of Lot 2, Block 1, Gusty -131- KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 3 Subdivision to the Current Lessee, Ma &, Pa Alaskan Treasures, Inc.; and Determining That Lot 2, Block 1, Gusty Subdivision is Not Needed for a Public Purpose. MOTION: Council Member Bookey MOVED for approval of Ordinance No. 2553 -2011 and 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 comments included: • Concern the Airport Reserve was developed for a purpose; felt taking this action would set a precedent; did not believe removing properties from the Reserve was a good precedent to set; and, would not support. VOTE: *Student Representative Coffman: Yes Porter Yes Moore I Yes I Gabriel Yes Bookey Yes Marquis • I Yes I Molloy No I Boyle No MOTION PASSED. D -2. Resolution No. 2011 -29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. (Clerk's Note: At April 20, 2011 Council meeting, Resolution No. 2011 -29 was amended and subsequently postponed (in order for the contract to be reviewed by Council) to the May 4, 2011 Council meeting. The motion to approve Resolution No. 2011 -29, as amended, is active.) The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: • Reference to the handout showing dates /milestones of the process in the discussions related to beginning collecting delinquent ambulance bills. • Would not support as did not realize legal action would be used to collect the delinquencies. • Would support as the City would provide Charity Care Policy. • Would support because there were safeguards built in for low income persons /families. • The issue before Council at this point was the contract and felt that if the contract was voted down, it would be an act of bad faith. -132- KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 4 • Council was discussing the contract, not the policy; it was a responsibility of Council to watch out for City funds; and, believed fees should be collected for services rendered. VOTE: 'Student Representative Coffman. Yes !Porter i Yes Moore Yes Gabriel Yee I Bookey I No Marquis Yes Molloy Yes j Boyle No MOTION PASSED. D -3. Resolution No. 2011 -32 -- Authorizing a Budget Transfer of $8,000 Within the Water and Sewer Special Revenue Fund - Wastewater Treatment Plant Department. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -32 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -4. Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric & Engineering, Inc., for LED Streetlight Installation 2011 for the Total Amount of $27,522.68. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2011 -33 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. Council Member Gabriel disclosed his brother was the owner of Big G Electric and he had no financial relationship with the company since the 1990's. Mayor Porter stated she would allow Council Member Gabriel to vote on the issue. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no other Council comments. VOTE: -133- KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 5 There were no objections. SO ORDERED. D -5. Resolution No. 2011 -34 -- Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2011 -34 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. It was reported the FAA was requiring a Wildlife Hazard Assessment; the last one submitted had been ten years prior; funding was being provided by the FAA; and, USDA was the only organization providing the service. VOTE: There were no objections. SO ORDERED. D -6. Resolution No. 2011 -35 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches From the FY 1 1 Rate of $ 15.00 Per 12 -Hour Period for Parking and $ 15.00 Per Overnight Camping to $20.00 for Each. MOTION: Council Member Gabriel MOVED for adoption of Resolution No. 2011 -35. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Marquis objected to the request for unanimous consent, noting until there was a way found to not charge City residents more, he would not support the resolution. Additional comments included: • Dock fees were initially omitted and passage of the resolution would also change the parking and camping fees. • Concern with raising fees at this time and would not support the resolution. • Parks & Recreation Commission reviewed the suggested changes and recommended approval. • Revenues derived would support totes, dumping fish waste, etc. -134- KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 6 • The City was hoping to borrow or the State would transfer ownership of eight large fish cleaning stations for use on the beach during the dip net fishery; signing would infoiin the public fish waste may not be disposed of into the waters; and, use of the stations would prevent fish waste as a food source to birds and could lower fecal levels in the water. • If the fish cleaning stations were not in place in time for the dip net season, Administration would revisit the raise of fee. • Citizens of Kenai should not have to pay to park. • Supported the fee increases and ability for getting the fish cleaning stations, but the City should not have to bear the costs of keeping the City's beaches clean. • Was working with the City Attorney to develop an ordinance to charge less to City residents for launching fees at the dock. VOTE: *Student Representative Coffman: Yes Porter Yes Moore Yes Gabriel Yes Bookev Yes Marquis No 1 Molloy I No Boyle No MOTION PASSED. D -7. MOTION: Resolution No. 2011 -36 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub - Surface Rights Agreement Between the City and. Cook Inlet Natural Gas Storage Alaska (CINGSA). Council Member Gabriel MOVED for Resolution No. 2011 -36. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -8. Resolution No. 2011 -37 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $804,302.00. MOTION: -135- KENAI CITY COUNCIL MEETING MAY 4,2011 PAGE 7 Council Member Bookey MOVED for approval of Resolution No. 2011 -37 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. There were no Council comments. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E-1. Regular Meeting of April 20, 2011 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Moore MOVED to ratify the bills over $15,000 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. *Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. Introduced by approval of the Consent Agenda. -136- KENAI CITY COUNCIL MEETING MAY 4, 2011. PAGE 8 G -4. *Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by S3,688 in the Airport Fund and by $147,512 in the Air-port Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. Introduced by approval of the Consent Agenda. ITEM H: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging -- Council Member reported the next meeting would be held on May 12, 2011. 11-2. Airport Commission -- Council Member Marquis reported the May meeting had been cancelled and the next meeting was scheduled for June 9, 11-3. Harbor Commission -- Council Member Gabriel reported the May meeting had been cancelled. H -4. Library Commission -- Council Member Bookey provided a brief report of actions taken and discussions held at the May 3, 2011 meeting. 11-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held in August. H -6. Planning & Zoning Commission -- Council Member Gabriel reviewed the minutes of the April 27, 2011 meeting, which were included in the packet, and reported on the work session discussion related to Ordinance 2546-2011. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- Mayor Porter noted the next meeting was scheduled for May 10, 2011. H -7b. Alaska Municipal League Report -- No report. H -7c. Mini -Grant Steering Committee -- No report. H -7d. Kenai Convention & Visitors Bureau -- No report. H -7e. Reports of KPB Assembly, Legislators and Councils -- Reference was made to the added report of the May 3, 2011 Assembly Meeting provided by Assembly Member Smalley. ITEM I: REPORT OF THE MAYOR -- Mayor Porter reported on functions and events she had participated in including the Caring for the Kenai banquet, HEA groundbreaking, art show gala, Masonic Student Awards, Peninsula Mayors would be meeting at Kenai City Hall on May 16, and she testified the Assembly's sales tax ordinance, etc. -137- KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 9 ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch's report included: • He included the preliminary design of the Municipal Park expansion layout in the packet. • He received a final proposal for the health care coverage and he had been meeting with the employees to review the proposal. • He had been keeping watch on the progress of the Legislature in its discussions on the capital budget, • He requested Library Director Joiner to provide a brief report with regard to the All - America City competition. 3 -2. Attorney -- No report. J -3. City Clerk -- City Clerk Freas reviewed upcoming work sessions scheduled for May 9 and 10, and special meetings scheduled for May 24 and 25, 201 1.. Mayor Porter noted the application of Hal Smalley for appointment to the Personnel Arbitration Board was included in the packet. Porter nominated Smalley for the appointment and Council confirrned the appointment. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments -- No comments. K -2. Council -- Boyle -- No comments. Molloy -- No cons cuts. Marquis -- Noted he was enjoying his time in Madison, Wisconsin. Coffman -- Provided a brief report of events and activities taking place at Kenai Central High School. Bookey -- Congratulated Sharps Billiards as being named Small Business of the Year. Gabriel -- Thanked those who spoke before the Council. Moore -- Stated he was hearing a lot of discussion related to the All- America City competition and hoped it would be videotaped. EXECUTIVE SESSION -- None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) -138- KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 10 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 Peuuitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and Council will consider the ordinance.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:25 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. Advisory 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 be recorded in the minutes. A student representative may not move or second items during a council meeting. -139- NEW BUSINESS 1 '-FV PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MAY 18, 2011 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT WINCE, CORTHELL, BRYSON OBSTRUCTION REMOWAL PROJ. A/P IMPROVEMENTS ENGINEERING 27,000.00 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT the KENG ALASKA CITY OF KENAI ORDINANCE NO. 2556-2011 Suggested by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING PORTIONS OF KENAI MUNICIPAL CODE TITLE 6, ENTITLED "ELECTIONS," INCLUDING KMC 6.05.110, CONDUCTING AN ELECTION -- CANVASSING RETURNS; KMC 6.05.120, ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES; KMC 6.05.150, APPLICATION DEADLINE FOR APPLYING FOR ABSENTEE BALLOTS; KMC 6,05.170, ABSENTEE VOTING - -BY MAIL; KMC 6.04.200, VOTING DEVICES AND MACHINES; KMC 6.05.280, RECORD RETENTION; KMC 6.05.335, TO ALLOW FOR VOTING BY ELECTRONIC TRANSMISSION; AND, MAKING TECHNICAL CORRECTIONS. WHEREAS, the City is located in the Kenai Peninsula Borough and has historically cooperated with the Borough in the conduct of City of Kenai and Borough regular elections, which elections are held on the same date; and, WHEREAS, this cooperation has included, among other efforts, using a joint application form for a voter to request an absentee ballot and allowing a voter to file the application with either municipality by a single deadline; and, WHEREAS, in the October 2010 election, it was discovered the City's deadline for application for absentee voting no longer corresponded with the Kenai Peninsula. Borough deadlines due to changes in the State of Alaska's deadline requirements that had been incorporated. in City Code and used by the City of Kenai for many years; and, WHEREAS, -amendments to Kivu.- 6.05. r J will establish a clear date by which a City of Kenai voter must submit their application for absentee voting and create a date that is consistent with the current Borough deadlines; and, WHEREAS, the City has observed that occasionally the Post Office fails to postmark absentee ballots cast by mail and amendments to KMC 6.05.120 and 6.05.170 will provide further direction about how to process those ballots; and, WHEREAS, amendments to KMC 6.05.280, Record Retention, are desirable to update language usage and to provide consistency between the retention requirement for Certificates of Election Return Reports and the City of Kenai Record Retention Schedule; and, WHEREAS, the City currently Limits the fouu of electronic voting to voting by facsimile; and, New Text Underlined- jDELETED TEXT BRACKETED! -142- Ordinance No. 2556 -2011 Page 2 of 7 WHEREAS, by expanding the alternatives for voting by electronic transmission, including by electronic mail, the City will thereby offer a wider range of absentee voting options to voters in City of Kenai elections. 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 6.05,110 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.110, Conducting an election -- Canvassing returns, is hereby amended as follows: 6.05.110 Conducting an election--Canvassing returns. Alaska Statutes, Chapters 15.15 through 15.20 and any amendments thereto, shall apply to the City elections insofar as they do not conflict with specific City ordinances. The precinct election boards shall deliver to the City Clerk one (1) copy of the certificate with the results of the vote in the precinct, the registers signed by persons voting, all ballots cas[E]t, all ballots improperly marked, damaged[,] or unlawfully exhibited, and all oaths, affirmationsl,] and affidavits to the Council as provided by KMC 6,05.130. The Chair of each precinct election board shall retain possession of a duplicate copy of the results, which copy may be destroyed [WHEN] by each Chair twenty (20) days [HAVE ELAPSED] after the election unless the City Clerk or the City Council requests its delivery. Section 3. Amendment of Section 6.05.120 of the Kenai Municipal Code. The Kenai Municipal Code, Section 6.05.120, Establishment of Canvassing Board and procedures, is hereby amended as follows: 6.05.120 Establishment of Canvassing Board and procedures. (a) Pursuant to the provisions of Section 10 -9 of the Charter of the City of Kenai, there is hereby established a Canvassing Board for the canvassing of all City elections; regular and special, and to ascertain and declare the results thereof, as follows: (1) The City Clerk is hereby designated as the Chair of the Canvassing Board. (2) The Canvassing Board shall consist of the City Clerk, Chair of each precinct election board within the City, and up to five (5) additional judges selected from among the qualified voters of the City. In the event any such appointed member of the Board is absent from the City, ill, or otherwise unable to attend at the time set for canvassing the ballot, the City Clerk is hereby authorized to appoint another election judge from the same precinct to substitute for the appointed member. (b) The Canvassing Board shall meet in public session on the Tuesday following every City election, regular or special, at 8:30 a.m. and, if necessary, continue through the following day and shall promptly proceed to canvass the returns of said election, making decisions as to validity of questioned ballots, counting absentee ballots, and ascertaining and declaring the results of said election. The canvass of the ballot vote counted by the precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the New Text Underlined' [DELETED TF-XT BRACKETED[ -143- Ordinance No. 2556 -2011 Page 3 of 7 precinct's certificate of results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct certificate of results shall be corrected by the Canvassing Board. A mistake [WHICH] that has been made in precinct returns. and that is not clearly an error in the transfer of the results from. the tallies to the certificate of results, empowers the Canvassing Board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question. (c) In order to be counted, absentee ballots [WHICH] that are mailed must he mailed on or before the date of the election, and if the envelope containing the ballot is postmarked, the post mark date must be on or before the date of election, and said ballot must he received in the City of Kenai's mail by noon on the seventh (7th) day after the election. Ballot envelopes received by United States Postal Service without a postmark shall be counted, provided the ballot envelope meets all other requirements (signatures, registration, etc.) and the receipt by the City indicates the ballot was mailed on or before the date of the election and the ballot was received in the City of Kenai's mail by noon on the seventh 17t^l day after the election. (d) The City Clerk, as Chair of the Canvassing Board, shall report the results of the election to the City Council as the first order of business following the roll call at the next regular Council meeting following the meeting of the Canvassing Board. Section 4. Amendment of Section 6.05.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.150, Absentee Voting -- Application, is hereby amended as follows: 6.05.150 Absentee voting — Application. Any qualified voter who is entitled to secure and cast an absentee ballot may apply to the City Clerk in person, by a personal representative, by mail, or by electronic transmission, for an absentee ballot. An application for an absentee ballot received by the City by mail or electronic transmission shall include the name of the applicant and both the [ADDRESS] location. i.e. electronic, facsimile, or mailing address to which the absentee ballot is to be returned and his or her full residential address in the City. The dates for making such applications for absentee ballots in City elections shall be [THE SAME AS THE DATES FOR MAKING SUCH APPLICATIONS FOR ABSENTEE BALLOTS IN STATE ELECTIONS] not less than seven (7) days prior to the election. The City Clerk shall follow the procedure prescribed by State law for election. officials in determining whether an applicant is entitled to secure and cast an absentee ballot. Section 5. Amendment of Section 6.05.170 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.170, Absentee Voting - -By mail, is hereby amended as follows: 6.05.170 Absentee voting -13y mail. (a) A qualified voter may apply for an absentee ballot by mail if the application is postmarked not earlier than the first of the year in which the election is to be held nor less than seven (7) days before an election. A voter may request his or her name be placed on pet inanent absentee by mail status. The application shall include the New Text Underlined; [DELETED TEXT BRACKETED] -144- Ordinance No. 2556 -2011 Page 4 of 7 address to which the absentee ballot is to be returned, the applicant's full Alaska residence address, and the applicant's signature. (b) After receipt of an application by mail, the City Clerk shall send the absentee ballot and other absentee voting material to the applicant by first class mail. The materials shall be sent as soon as they are ready for distribution. The postage paid return envelope sent with the materials shall be addressed to the City Clerk. (c) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the secrecy envelope, to place the secrecy envelope in the postage paid envelope, and to sign the voter's certificate on the back of the postage -paid return envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date his or her signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall have the ballot witnessed by a person over the age of eighteen (18) years. (d) An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail, he or she shall use a mail service at (east equal to first class [THE MOST EXPEDITIOUS MAIL SERVICE] and mail the ballot not later than the day of the election to the City Clerk. The ballot envelope (ITJ must be postmarked on or before midnight of election day and received by the City Clerk no later than noon on the seventh. (7th) day after the election ITHE TUESDAY FOLLOWING THE ELECTION]. Ballot envelopes received after that tune shall not be opened but shall be marked "invalid," with the date of receipt noted thereon, and shall be preserved with other ballots of the election. (e) The City Clerk may require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of his or her identity. City Clerk shall e rd of the of each voter to whom an (f) The �.iry �-rcin Siiali male tali. a r�C.^,. .. e name- .. ..a.. voter absentee ballot is sent by mail The record must list the date on which the ballot is mailed and the date on which the ballot is received by the City Clerk and the dates on which the ballot was executed and postmarked. Section 6. Amendment of Section 6.05.280 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.280, Record Retention, is hereby amended as follows: 6.05.280 Record retention. (a) The certificate of returns of the Canvassing Board shall be maintained permanently, and descriptions of election boundaries, precincts, and polling places shall be maintained until they are revised. (b) Other election records shall be maintained for the period set forth below: (CONFLICT OF INTEREST] Financial Disclosure .Form Candidate Affidavit of Expense and Contributions Election Registers Nominating Petitions Six years Five years Four years 'FOUR] Three years New Text Underlined; DELETED TEXT BRACKETED] -145- Ordinance No. 2556 -2011 Page 5 of 7 Declaration of Candidacy Rejected Ballots Certificates of Election Return Reports [FOUR] Three years One year, unless election contested [ONE YEAR AFTER RECORDED IN MINUTES] Permanent) (c) The City Clerk shall inform the City Council prior to destruction of any records, specifying the type of record and the date of the election [IN WHICH IT WAS INVOLVED] to which it relates. Section 7. Amendment of Section 6.05.335 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.335, Absentee voting - -By facsimile transmission, is hereby amended as follows: 6.05.335 Absentee voting —By [FACSIMILE] electronic transmission. (a) A qualified voter may apply to the City Clerk for an absentee ballot to be sent to the voter by [FACSIMILE] electronic transmission. Such [REQUEST] application must be made by the voter not less than the day immediately preceding the election. Absentee ballots will be transmitted [BY FACSIMILE] electronically to the location (facsimile number, e -mail address. or similar designation) designated in the application. If no location is designated, and if the [REQUEST] application is received no later than seven (7) days prior to the election, the ballot will be mailed in the manner provided in KMC 6.05.140 for delivering absentee ballots by mail. The Clerk will provide reasonable conditions for transmitting absentee ballots [BY FACSIMILE] electronically. (b) The voter may return the ballot by mail or by electronic transmission. An [FACSIMILE] electronically- transmitted ballot shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot card to be used by persons voting in person at the polling places is acceptable. (c) An absentee ballot that is completed and returned by the voter by [FACSIMILE] electronic transmission must: (1) Contain the following statement: "I understand that by using [FACSIMILE] electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible." Followed by the voter's signature and date of signature; and (2) Be accompanied by a statement executed under oath as to the voter's identity; the statement under oath must be witnessed by one (1) United States citizen who is eighteen (18) years of age or older. (d) The voter may return the ballot by mail. The ballot must be marked, attested, and returned in accordance with KMC 6.05.170(d) if the voter returns the ballot by mail. [THE VOTER SHALL MARK THE BALLOT ON OR BEFORE THE DATE OF' THE New Text Underlined' [DELETED TEXT, BRACKETED] -146- Ordinance No. 2556 -2011 Page 6 of 7 ELECTION AND SHALL USE A MAIL SERVICE AT LEAST EQUAL TO FIRST CLASS AND MAIL THE BALLOT NOT LATER THAN THE DAY OF THE ELECTION TO THE CLERK, THE BALLOT MAY NOT BE COUNTED UNLESS IT IS RECEIVED BY NOON ON THE SEVENTH (7TH) DAY AFTER THE ELECTION.] (e) If the voter returns the ballot IA VOTER WHO RETURNS THE ABSENTEE BALLOT) by [FACSIMILE] electronic transmission, the voter must comply with the same deadlines as for voting in person on or before the closing hour of the polls. (f) When a completed absentee ballot is received by the City through [FACSIMILE] electronic transmission, the Clerk will note the date of receipt on the absentee ballot application log and, if the ballot is received on Election Day, the time of receipt. The Clerk will then: (1) Remove the ballot portion of the transmission from the portion that identifies the voter; (2) Place the ballot portion in a secrecy sleeve; (3) Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots returned by mail, and seal that envelope; (4) Attach the voter identification portion to the outer envelope; and (5) Forward the outer sealed envelope to the Canvassing Board for review. (g) An [FACSIMILE] electronically- transmitted ballot shall be counted in the same manner as other absentee ballots, even though this procedure may reveal to one (1) or more election officials the manner in which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display an [FACSIMILE] electronic ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the City Clerk, a member of the Clerk's staff, an information . technologies technician retained by the City, an election official in the course of his or her duties, or an attorney advising the Clerk on legal questions concerning the ballot Section 8. 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 9. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption and upon approval of the United States Department of Justice (or notice of its non- objection). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. PAT PORTER, MAYOR New Text Underlined; (DELETED TEXT BRACKETED) -147- Ordinance No. 2556 -2011 Page 7 of 7 ATTEST: Carol_ L. Freas, City Clerk Introduced: May 18, 2011 Adopted: June 1, 2011 Effective: *, 2011 New Text Underlined- [DELETED TEXT BRACKETED -148- TO: FROM: Carol L. Freas, City Cerk DATE: May 12, 2011 Loa/ KENAI, ALASKA 'Village with a Past, Gity with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci,kenai.ak.us MEMO NDUM Mayor and Council Members RE: ORDINANCE NO. 2556 -2011 -- Amendments to Kenai Municipal Code Title 6, Elections. After the October 5, 2010 City of Kenai Election, a request was made for City Attorney Stearns and 1 to review the city's election code and suggest areas where amendments could be made. infounation was forwarded to Council for review and discussion at its January 5, 2011 meeting and Council requested an ordinance be brought forward. Following the January 5, 2011 Council meeting, City Attorney Stearns and 1 developed Ordinance No. 2556 -2011 to provide amendments to Title 6, Elections. Key areas to be amended include: • KMC 6.05.150 Absentee voting -- Application (to establish a clear date by which a City of Kenai voter must submit their application. for absentee voting and i create a date that is consistent wi�ei. the current borough deadlines). • KMC 6.05.280 Record retention (to update language usage and provide consistency between the retention requirement for Certificates of Election Return Reports and the City of Kenai Record Retention Schedule). • KMC 6.05.335 Absentee voting -- By electronic transmission (providing expansion of voting to allow voting by electronic transmission). In addition to the above list, there are also technical corrections to several areas which are specifically identified in the ordinance. If you have any questions with regard to Ordinance No. 2556 -2011, please contact me. clf -149- me ray o/ KENA` KQ Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2557 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 AND ENDING JUNE 30, 2012. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2012 Annual Budget" which is available for examination by the public in the Office of the City Clerk, the City's website and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2011 and ending June 30, 2012, Section. 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2011, and ending the 30th day of June, 2012, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $ 13,991,844 Enterprise Funds: Congregate Housing Capital Projects Management Fund 439,700 98,223 Special Revenue Funds: Airport Land Sales Permanent Fund 1,037,483 General Land Sales Permanent Fund 125,000 Water and Sewer Fund 2,191,600 Airport Fund 2,693,874 Senior Citizen Fund 783,419 Debt Service Fund 177,348 New Text Underlined [DELETED TEXT BRACKETED] -150- Ordinance No. 2557 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. . ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: May 18, 2011 Adopted: June 1, 2011 Effective: July 1, 2011 New Text Underlined /DELETED TEXT BRACKETED] -151- T \eke rz a \ ALASKA Rick Koch, City Manager "V llaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 1 From: Terry Eubank, Finance Director Date: May 12, 2011 Re: Ordinance 2557 -2011 Ordinance 2557 -2011 will establish the FY12 Operating Budget for the City. The draft budget was issued on April 6 and differs slightly from what will be appropriated with the passage of Ordinance 2557 -2011. Those differences are as follows: 1. Employee Health Care. The April 6 draft included employee health care at a 50% renewal premium increase. The final renewal premium increase was 39.9% and included changed in employee deductibles, maximum out-of-pocket limits, and plan coverages. The final draft budget includes a health care plan in which the employee will pay 8.5% of premiums and self - insured deductible and the City will contribute the remaining 91.5 %. Individual employees will continue to pay no premium for their coverage. Employee premium will only be paid for dependent coverage. The result of this change was an increase in expenditures in the General, Water & Sewer, Airport, Senior Citizens, Congregate Housing, and Capital Project Management Funds of $63,802, 55,031, $4,292, $3,463, $261, and $373 respectively. 2. City website maintenance was inadvertently included in two different General Fund departments. Removal from Non - Department resulted in an $800 decrease. 3. Mailing of the City's Newsletter will no longer take place facilitating a $300 decrease in the Legislative budget for communications. 4. Council directed the Administration to include $6,000 in funding for the Kenai Chamber of Commerce in the Legislative Department's Grants to Other Agencies account. $2,500 will assist with the City's Fourth of July Celebration and the retraining $3,500 will assist with the annual Christmas Comes to Kenai fireworks show, 5. Council directed the Administration to include $500, in the Legislative Department's Grants to Other Agencies account, to assist in the annual Industry Appreciation Day celebration in Kenai. -152- 6. Council directed the Administration to include $2,500 in funding for Central Area Rural Transit System (CARTS) in the Legislative Department's Grants to Other Agencies account. 7. Council directed the Administration to include $10,000 in funding for the Kenai Peninsula Boy's and Girl's Club in the Legislative Department's Grants to Other Agencies account. 8, Council directed the Administration to include $10,000 in for pedestrian trail construction in the Parks Department Improvements account. The total increase change in total expenditures by fund are as follows: General Fund Ordinance 2557 -2011 April 6th After Above Budget Draft Chances $ 13,900,142 $13,991,844 Special. Revenue Funds Water & Sewer 2,186,569 2,191,600 Airport 2,689,582 2,693,874 Senior Citizen 779,956 783,419 Enterprise Funds Congregate Housing 439,439 439,700 Capital Project Management 97,850 98,223 Permanent Funds General Land Sale Permanent Fund Airport Land Sale Permanent Fund Debt Service Fund -153- 125,000 125,000 1,037,483 1,03 7,483 177,348 177,348 lire at),tf KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2558 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE MULTI- PURPOSE FACILITY CAPITAL PROJECT FUND, WHEREAS, the City of Kenai previously received a grant from the State of Alaska for $1,000,000 of which $250,000 was appropriated for the City's Library Expansion Project, $150,000 was appropriated for construction of the Daubenspeck Family Park and the remaining $600,000 was appropriated for street and sewer projects; and, WHEREAS, $25,000 of the remaining grant funds has been identified to perform preliminary design for the construction of an multi- purpose, indoor, artificial turf facility; and, WHEREAS, preliminary design services are an eligible project under the state grant; and, WHEREAS, during the FY12 Budget preparation process it was discussed to redirect $25,000 of the State grant funds to the multipurpose, indoor, artificial turf facility project; and, WHEREAS, in concurrence with the direction given by Council during the FY12 Budget process, the City Manager has authorized a budget revision and transfer of $25,000 to the Multi- purpose Facility Capital Project Fund from the Street, Water and Sewer Capital Project Fund; and, WHEREAS, it is in the best interest of the citizens of Kenai to explore the feasibility of constructing a multi- purpose, indoor, artificial turf facility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Multi- purpose Capital Project Fund Increase Estimated Revenues: Transfer from Other Funds $ 25,000 Increase Appropriations: Engineering $ 25,000 New Text Underlined' DELETED TEXT BRACIOETED] -154- Ordinance No. 2558 -207.1 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: % PAT PORTER, MAYOR Introduced: May 18, 2001 Adopted: June 1, 2011 Effective: June 1, 2011 New Text Underlined; [DELETED TEXT BRACKETED -155- me cr a KENITh ALASKA V Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 12, 2011 Re: Ordinance 2558 -2011 "Village with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 / FAX: 907 - 283 -3014 At the April 19, 2011 Council budget work session Council directed the administration to utilize 825,000 of state grant 09 -DC -214 for completion of preliminary design of a multi- purpose, indoor, artificial turf facility. Grant 09 -DC -214 was previously appropriated for street and sewer improvements. Preliminary design of the facility is an allowable expenditure of the grant. Ordinance 2558 -2011 will appropriate 825,000 transferred from the Streets and Sewer Capital Project Fund to the Multi- purpose Facility Capital Project Fund for the facilities preliminary design. The 825,000 transfer from the Streets and Sewer Capital Project Fund was authorized via City Manager budget revision and is included in this packet as an informational item. -156- Suggested by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2559 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 11.05.050, "CONDITION AS TO EQUAL SERVICES AND RATES," TO REQUIRE THAT THE CITY PROVIDE RESIDENTS OF THE CITY OF KENAI WITH FREE SERVICES AT THE CITY -OWNED BOAT LAUNCH AND PARKING FACILITY. WHEREAS, the City has put into place certain fees for taking advantage of City - provided services at the City -owned and operated boat launch facility; and, WHEREAS, although the City of Kenai Dock launching ramps and floats are facilities that provide access to waterways for the entire public, the costs of operating these facilities are supported not only from user fees but by the residents of Kenai who support governmental operations through taxes; and, WHEREAS, it is in the best interest of the City to acknowledge the contributions of the residents of the City of Kenai in payment of taxes by offering free City services at the City's boat launch and floats. 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 11.05.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.05.050, Condition as to equal services and rates, is hereby amended as follows: 11.05.050 Condition as to equal services and rates. It shall be a condition of all permits granted by the City Council that the facilities to be constructed and the services to be supplied in connection with them . shall be made available to all carriers upon equal terms, at equal rates, and without discrimination of any kind. Notwithstanding. the City shall provide services at its launch ramp and adjacent parking facility to residents of the City of Kenai at no charge. 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 New Text Underlined • !DELETED TEXT BRACKETED' -157- Ordinance No. 2559 -2011 Page 2 of 2 rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. AlIEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 18, 2011 Adopted: June 1, 2011 Effective: July 1, 2011 New Text underlined; [DELETED TEXT BRACKETED] -158- ulaye with a Past, ai with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: FROM: DATE: SUBJECT: Mayor Pat Porter Council Members Bob Molloy, Joe Moore, Ryan Marquis, Terry Bookey, and Brian Gabriel Vice Mayor Mike Boyle May 12, 2011 Ordinance No. 2559 -2011 -- Providing free boat launch and parking services to City of Kenai Residents At the May 4, 2011 Council meeting, I stated that I was working on an ordinance to provide free services to City residents related to the City's boat launch facility. I now propose for introduction Ordinance No. 2559 -2011. This ordinance would require the City to provide free boat launch and boat launch parking to City residents. My hope is that the Council would introduce and adopt the Ordinance in time for residents to benefit from free service during the height of summer recreational activities. The Ordinance could go into effect as eariy as July 1 with the typical public hearing scheduie. (The Council could later amend the fee schedule to reflect the no charge" rule at some point in the future so that the Code and the fee schedule are consistent.) The Council has been involved in discussion of the Public Trust Doctrine in the past. As this issue does not deal with beach access or parking on the beach, I do not feel the Doctrine applies to this ordinance. By focusing on this service and facility constructed by the City with taxpayer funds I believe that, if challenged, the ordinance would be validated. The ordinance is also supported by the otherwise reasonable charges for this service in general and the fact that residents are supporting the facility through their tax dollars. Thus, I feel the City should pursue this matter. -159- NfTcallyof/ KENAI, ALASKA MKMORANDL Village with a Past, Ci y with a Future" ua�om 7992 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 M TO: Mayor Porter Vice Mayor Boyle Council Members Bookey, Gabriel, Marquis, FROM: Council Member Molloy DATE: 05/12/11 SUBJECT: Ordinance No. 2546 -2011 Discussion /Action: Schedule Council Work Session Given that Ordinance 2546 -2011 is hack to Council without recommendations from the Commission on the proposed amendments to the Land Use Table for the RR -1 Zoning District, I respectfully request the Council's support of scheduling a Council work session so that the ordinance may be timely reviewed and considered in the public process. I propose the following potential date$ for the Council work session: Monday 6/13/11, Tuesday 6/14/11 Thursday 6/23/11 Monday 6/27/11, Tuesday 6/28/11, Wednesday 6/29/11 At a Council work session, Council can go through the proposed amendments to the Land Use Table, hear informal public comments (as is the practice at work sessions), provide ideas and make comments on the proposed amendments. The Council's consensus comments and individual Councilor's comments from the Council work session can he included in the Clerk's work session notes and be sent to the Planning & Zoning Commission for the Commission's consideration, when the ordinance is referred again to the Commission. The Council may also direct Administration to send notice cards to all property owners within the RR -1 Zoning District regarding the Council's work session. - 1 - Memo 42 5/12/2011 -160- May 2011 MEETING CALENDAR Sunday Monday Tuesday Wednesday Thursday Friday 1 Saturday 2 3 Library 4 5 6 CITY 7 1 1 ! I Commission, COUNCIL 7p, Council MEETING, 7p, Chambers i Council Chambers 9 10 11 12 / ] • 13 , A -1. RUDGET WORK SESSION, 812, Beautification Committee, PLANNING & ZONING Airport i COUNCIL 7p, Council CHANMES8, COMMISSION, nth Chambers Harbo 7p, Council Chambers C ,i mbera C•4 q COUNCIL. INK aESS4ON, CP, COUNCIL Council n Agin , 4:30p, ior Center CHAMBERS 15 16 17 18 19 20 21 CITY COUNCIL MEETING, 7p, Council Chambers PT— 22 23 1 24 1 25 26 27 28 SP, COUNCIL PLANNING & MEETING, 6P, ZONING COUNCIL COMMISSION, 7p, Council CHAMBERS Chambers i SP. COUNCIL MEETNG, GP, 1 COUNCIL CHAMBERS 29 30 31 Apr2011 Jun 2011 ROUDAY!CIT'II S M T W T F S S M 7' Vki 1' F S OFFICES 1 2 CLOSED r2 3 4 1 4 5 6 7 8 3 5 6 7 8 9 10 11 10 11 12 13 14 15 16 fl2131415161719 17 18 19 20 21 22 23 119202.1292$2425 24 25 20 27 28 29 30 26 27 28 20 30 -161- June 2011 MEETING CALENDAR -162- Sunday Monday i +Tuesday Wednesday Thursday Friday Saturday 1 2 3 4. May2011 Jui2011 S M T W T F S S M T W T • s CITY t 8 2 3 9 10 4 5 6 7 11 12 13 14 ( 3 1 4 5 6 7 9 2 9 COUNCIL MEET Geu ING,7p, e 15 16 17 18 19 20 21 i 10 11 12 13 14 15 15 Chambers 22 2a 24 25 28 27 28 17 18 19 20 21 22 23 29 30 31 24 25 28 27 28 29 30 31 ' 5 6 7 ' 8 9 16 1 1 Harbor Airport Commission, )u' ZONING Commission, 7p, Council T dal/ COMMISSION, 7p, Council Chambers 7p, Councit Chambers '.. Chambers Council on Aging, 4:30p, Senior Center (yyy1('y,1 friGts 12 13 14 15 16 17 18 CITY COUNCIL MEETING, 7p, Council 1 Chambers 19 20 21 22 23 24 25 PLANNING & ZONING COMM}SSION, 7p, Council Chambers 26 27 28 29 1 30 -162- July 2011 MEETING CALENDA Sunday 1 Monday f Tuesday I Wednesday j Thursday Friday Saturday 1 1 L Jun 2011 S M T W T F 5 Aug 2011 S M T VV T F 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 27 26 29 30 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 y I 4 HOLIDAY/CITY OFFICES CLOSED J 5 Library Commission, 7p, Council Chambers 6 CITY COUNCIL MEETING, 7p, Council Chambers 7 8 9 i 10 ( If I li 1 11 12 Harbor Commission, 7p, Council Chambers 13 PLANNING & ZONING COMMISSION, , 7p, Council Chambers i 14 Airport Commission, j Chambers, Council on Aping, 4:30p, Senior Center 15 �'1ll1 16 (' 17 • 18 I { 19 r ; 20 CITY COUNCIL MEETING, 7p, Council Chambers 21 I 22 23 24 25 26 27 PLANNING & ZONING COMMISSION, 7p, Council Chambers I 28 29 30 I CdumtG,^ y I d /d 1 -163- August 2011 MEETING CALENDAR. Sunday j Monday Tuesday Wednesday Thursday Friday I Saturday 1 2 Library Commission, 7p, Council Chambers 3 CITY COUNCIL MEETING, 7p, Council Chambers 4 parks & Recreation Commission, 7p, Council Chambers ; I 5 6 ' 7 8 Harbor Commission, 7p, Council Chambers 9 10 PLANNING & ZONING COMMISSION, 7p, Council Chambers 11 Airport Commission, 7p, Council Chambers Council on Aging, 4:30p, Senior Center 12 AOY-!7 13 14 15 i 16 17 CITY COUNCIL, MEETING, 7p, Council Chambers 18 I � 19 20 i I I 21 i F 22 23 24 PLANNING & ZONING COMMISSION, 7p, Council Chambers 25 ! 26 27 ; 28 ! 29 30 31 ` Jut 2o11 S M M T N,� T F S Sep 2011 . I M T V V I F 1 3 4 5 3 7 8 10 11 12 13 14 15 17 10 19 20 21 22 24 25 26 27 28 29 31 2 9 15 23 20 1 2 4 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22 23 , 25 26 27 26 29 30 1 3! 10 17 24 -164- COMMISSION COMMITTEE BOARD MEETING SUMMARIES AND MINUTES VJ KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MAY 3, 2011 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- March 1, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- 2011 Commission Goals and Objectives ITEM 6: NEW BUSINESS a. Discussion -- Grand Opening b. Discussion -- Review of City Comprehensive Plan Meeting of April 21, 2011. ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. June 7, 2011 . ITEM 9: COMMISSION COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agenda Items from April 6 and 20, 2011. b. April 12, 2011 Friends of the Kenai Community Library Board Meeting Minutes. ITEM 12: ADJOURNMENT -166- KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MAY 3, 2011 7:00 P.M. CHAIR ROBERT PETERS, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Peters called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. E. Bryson, C. Brenckle, J. Bookey, R. Peters, K. East (arrived at 7:15 p.m.) K. Glidden, V. Richards Library Director M. Joiner, Council Member T. Bookey ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Bryson SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 3: MOTION: APPROVAL OF MEETING SUMMARY -- March 1, 201.1 Commissioner Bookey MOVED to approve the meeting summary of March 1, 2011 and Commissioner Bryson SECONDED the motion. VOTE: There were no objec ITEM 4: ITEM 5: 5 -a. tions. SO ORDERED. PERSONS SCHEDULED TO BE HEARD -- None OLD BUSINESS Discussion -- 2011 Commission Goals and Objectives Peters reminded the Commission the goals were for the Commission, not the Library. Genera] discussion occurred. -167- Commissioner comments included: • The document was still relevant and needed minimal updating. • Would like to see increased visibility and stature within the community • Would like to enhance collaboration among libraries and library organizations. • Would like the library to work with schools more. • Suggested regular customer surveys. • Would like to encourage more volunteers. • Would like to encourage more teens to use the Library. Suggested supporting Friends of the Library. Encourage City Council to acknowledge the contributions and support of the Friends of the Library. ITEM 6: NEW BUSINESS 6 -a. Discussion -- Grand Opening Library Director Joiner reported the Library's grand opening had been scheduled for July 9, 2011 and reviewed tentative plans. 6 -b. Discussion -- Review of City Comprehensive Plan Meeting of April 21, 2011. Peters related his experience at the Comprehensive Plan meeting with Commissioners and Committee Members. Joiner reported on the Comprehensive Plan Collaborative meeting for the public on April 21, 2011. ITEM 7: REPORTS 7 -a. Director -- Joiner reported on the construction thus far and increased circulation. City Council Liaison -- Council Member Bookey reviewed the action agendas of the April 6 and Aril 20, 2011 City Council meetings which were included . in the packet, and reminded the Commission of the Council's work session related to Commissions and Committees scheduled for May 10, 2011 at 6:00 p.m. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. June 7, 2011 No Commissioners requested an excused absence from the June 7, 2011 mee ITEM 9: COMMISSION COMMENTS /QUESTIONS -- None -168- g. LIBRARY COMMISSION MEETING MAY 3, 2011 PAGE 2 ITEM 10: ITEM 11: PERSONS NOT SCHEDULED TO BE BEARD -- None INFORMATION 11 -a. Kenai City Council Action Agenda Items from April 6 and 20, 2011. 11 -b. April 12, 2011 Friends of the Kenai Community Library Board Meeting Minutes. ITEM 12: MOTION: ADJOURNMENT Commissioner Brenckle MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:34 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk -169- LIBRARY COMMISSION MEETING MAY 3, 2011 PAGE 3 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 11, 2011 - 7:00 p.m. 1, CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences *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 which case the item will be removed from the Consent Agend.a and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *April 27, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. PZl 1 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning to clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and corrections, including removing the appeal section for encroachment permits at KMC 14.20.185, to clarify that appeals are subject to the process in K.MC 14.20.290. Discussion /Set public hearing. 8. PENDING ITEMS: 9. REPORTS: a. City Council h. Borough Planning c. Administration -170- Agenda May ! L 2 0 1 1 Page 2 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: May 25, 2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: -171- ITEM 1: CITY OF KENAI PLANNING & ZONING COMMISSION MAY 11, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES 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. Agenda Approval MOTION: K. Koester, K. Rogers, T. Navarre, J. Twait, P. Bryson, S. Romain, H. Knackstedt None City Planner M. Kebschull, Council Member T. Bookey, Deputy City Clerk C. Hall Commissioner Romain MOVED to approve the agenda with the clerical change to Item 12 -a from May 11, 2011 to May 25, 2011 and Commissioner Knackstedt SECONDED the motion. VOTE: There were no objections. SO ORDERED. 1 -d. MOTION: Consent Agenda Commissioner Bryson MOVED to approve the consent agenda and Commissioner Knackstedt SECONDED the motion. -172- VOTE: There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no 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. ITEM 2: *APPROVAL OF MINUTES -- April 27, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS -- None ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: NEW BUSINESS 7 -a. Discussion /Set Public Hearing -- PZ11 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning to clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and corrections, including removing the appeal section for encroachment permits at KMC14.20.185, to clarify that appeals are subject to the process in KMC 14.20.290. City Planner Kebschull reviewed the memorandum which was included in the packet, noting the resolution would remove all reference to dollar amounts from the Code and set them into a fee schedule, and requested a public hearing at the next meeting. MOTION: Commissioner Navarre MOVED to set a public hearing for May 25, 2011 and Commissioner Rogers SECONDED the motion. VOTE: PLANNING AND ZONING COMMISSION MEETING MAY 11, 2011 PAGE 2 -173- Koester YES 1 Rogers YES Navarre ( YES I\vait YES YES Bryson YES Romain YES Knacicstedt MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS City Council -- Council Member Bookey reviewed the action agenda of the May 4, 2011 City Council meeting which was included in the packet. He also reviewed discussions held at the May 9, 2011 budget work session and the May 10, 2011 commission /committee work session. Koester inquired if consideration was given to consolidating commissions. Bookey reported it was considered to consolidate Harbor Commission and the Parks and Recreation Commission, but was decided to keep them separate for the time being. Navarre reported he had attended the May 10, 2011 commission /committee work session and noted reviewing of the capital improvement lists by the Planning and Zoning Commission would be removed from their duties. 9 -b. Borough Planning -- Commissioner Bryson reviewed the May 9, 2011 action agenda items of the Borough Planning and Zoning Commission which was included in the packet. 9 -c. Administration -- City Planner Kebschull gave an update on the Comprehensive Plan project; reported there would be a. work session on June 8, 2011 at 6:00 p.m. on land use, and a collaborative planning session with business owners on June 8, 2011 from 8 - 10 a.m. at the Kenai Senior Center; and, noted the May 25, 2011 meeting agenda would be full. ITEM 10: PERSONS PRESENT NOT SCHEDULED Carroll Murphy, 270 Eisenhower -- Spoke in favor of the 'Twin Cities Raceway. Franz Plagge, 4383 Beaver Loop Road -- Spoke against the conditional use permit for Twin Cities Raceway, citing concern with noise and water pollution. Kristine Schmidt, 513 Ash Avenue -- Noted Resolution No. PZ11 -16 should have more information versus less and did not believe subparagraph (h) should be deleted from Section 6 in KMC 14.20.185. Schmidt also suggested a second collaborative planning meeting with business owners on an evening or weekend to accommodate more people. Schmidt reported she did not believe the notification limit of 300 feet was enough for some activities and suggested high impact activities have more notification. PLANNING AND ZONING COMMISSION MEETING MAY 11, 2011 PAGE 3 -174- Kebschull reported notice would be expanded for the Raceway. ITEM 11: INFORMATION ITEMS -- None ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. May 25, 2011 No commissioners requested an excused absence. ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre reported he would like Council Member Bookey to notify the City Council that land use was being considered first in the Comprehensive Plan process. All other Commissioners agreed. ITEM 14: MOTION: ADJOURNMENT Commissioner Knackstedt MOVED to adjourn and Commissioner Navarre SECONDED the motion. VOTE: There were no objections, SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:46 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MAY 11, 2011 PAGE 4 -175- KENAI BEAUTIFICATION COMMITTEE MAY 10, 2011 7:00 P.M. CLERK'S CONFERENCE ROOM AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 12, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Janice Chumley, Cooperative Extension Service -- Alaska Weed Awareness ITEM 5: OLD BUSINESS a. Discussion -- Volunteer Plant Day ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Committee Chair b. Parks & Recreation Director c. Kenai City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. September 13, 2011 ITEM 9: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of April 6 and 20, 2011.. b. April 7, 2011 Parks and Recreation Commission Meeting Summary c. Landscape /Site Plan -- Hattenburg Dilley Linnell ITEM 12: ADJOURNMENT -176- KENAI BEAUTIFICATION COMMITTEE MAY 10, 2011 7:00 P.M. CLERK'S CONFERENCE ROOM CHAIR PEGGY BAXTER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER Ss ROLL CALL Chair Baxter called the meeting to order at approximately 7:00 p.m. Roll was continued as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: C. Jung, L. Gabriel, T. Canady, P. Baxter, H. Sch loernan M. Dimmick, S. Lovett Parks and Recreation Director B. Frates, Mayor P. Porter (arrived at 8:30 p.m.) AGENDA APPROVAL Member Canady MOVED to approve the agenda as presented and Member Schloeman SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 3: MOTION: APPROVAL OF MEETING SUMMARY -- April 12. 2011 Member Canady MOVED to approve the meeting summary of April 12, 2011 and Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Janice Chumley, Cooperative Extension Service -- Alaska Weed Awareness -177- Chumley applauded the City's efforts in taking a pro- active stance with respect to controlling problematic weeds and added, common tansy in the. Kenai area was still of some concern. Chumley reported the Kenai Peninsula Weed Smackdown would be held Saturday, June 25, 2011 and invited the Committee to participate as a. team. ITEM 5: OLD BUSINESS 5 -a. Discussion -- Volunteer Plant Day The Committee reviewed a suggested list of flowers for various beds throughout the City. General discussion occurred. Comments included: • Member Gabriel would plant the Re -Max bed the week of June 6, 2011. • Member Schloeman would finalize her suggested design for the Blue Star Memorial and forward it to Director Frates. • Member Canady recommended alyssum for the Leif Hansen Memorial Park sign bed. • Mayor Porter would plant at the Visitors Center. ITEM 6: NEW BUSINESS -- None ITEM 7: REPORTS 7 -a. Committee Chair -- None 7 -b. Parks & Recreation Director -- None 7 -c. Kenai City Council Liaison -- Mayor Porter reported on the budget process and the Commissions and Committees work session held earlier in the evening. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. September 13, 2011 No members requested an excused absence for the September 13, 2011 mee ITEM 9: COMMITTEE MEMBER QUESTIONS AND COMMENTS It was suggested the Committee schedule a meeting for August 9, 2011 at 4 :00 p.m. to tour the City's flower beds. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION g BEAUTIFICATION COMMITTEE MEETING MAY 10, 2011 PAGE 2 -178- Kenai City Council Action Agendas of April 6 and 20, 2011. April 7, 2011 Parks and Recreation Commission Meeting Summary Landscape /Site Plan -- Hattenburg Di11ey Linnell ITEM 12: ADJOURNMENT MOTION: Member Gabriel MOVED to adjourn and Member Jung SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 9:00 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING MAY 10, 2011 PAGE 3 -179- REPORT OF CITY MANAGER ei,c „j KENAI. ASKA v TO: Rick Koch, City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: May 12, 2011 SUBJECT: Mid - Month Report; Public Works Department PUBLIC WORKS DEPARTMENT MAY 2011 REPORT Public Works Operations: Streets Department is sweeping streets, sidewalks, curbs and grass, with the Spur Highway and Downtown complete. Work is under way at the dock to clear the mud and set the floats. Low tides to complete the project are the week of May 161h. Water & Sewer have been cleaning sewer lines. Status of Projects: • Kenai Municipal Airport Rehabilitate Apron — 2009 -2010 —, WCB worked on RFPs for Storm Drain oil /water seperators and for completing the paving at the south end of the project. This project will have a change in Davis Bacon Rates before May 20, 2011. Construction will be underway around June 1, 2011 pending council approval of change order 7 and 8 at the May 18`h council meeting. • Kenai Municipal Airport Master Plan - Work is underway to complete a Professional Services Agreement between the City and Wince - Corthell- Bryson for this project scope of work is being reviewed. • Kenai Municipal Airport Floatplane Basin Development - Phase 1. WCB is working on preliminary design of Basin overflow piping. A meeting was held on April 13, 2011 to discuss the utility routing and for utilities to provide a written estimate for the design and installation costs. Utilities completing pre - engineering and cost estimates. • Fourth Avenue Culvert Replacement — Closed out. • Kenai North Dunes Elevated Light Penetrating Walkways /Ramps - Supply Related Appurtenances. The gratings and walkways are installed. Final inspection is scheduled for next week • Recreation Center. The upstairs flooring replacement project. Flooring is installed and substantial completion is scheduled for later this week. • LED Streetlight Installation — 2011 — The contract was awarded to Big G Electric & Engineering on at the May 4'" Council Meeting. Contracts are out for signature. -181- the ct y u f KENAI, ALASKA \\\ The status of the projects is as follows: CAPITAL PROJECT MANAGER MID -MONTH REPORT May 2011 Kenai Community Library Expansion Project — Construction is underway on the remodel area, with construction scheduled for completion in mid to late June. Water Treatment Facility (Arsenic Ground Water Study) —Bids were opened on April 13 and five bids were received. The contract was awarded to G& 5 Construction on April 20. Clearing is complete and excavation is scheduled to begin on May 16 depending on weight restrictions. Water and Sewer Rate Study Update — Project Closeout is underway. Togiak to Beaver Loop Water Extension Project —The project was awarded to North Star Paving and construction at the April 6th, Notice to proceed was issued on April 18. Construction is up to the Togiak / Beaver Loop intersection. Personal Use Fisheries Capital Project — Funded by approval of Ordinance 2481 -2010 on May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The restroom portion of the project was bid with the Daubenspeck Family Park restroom and was awarded on December 15th, with construction underway. Slabs and tanks are installed and block work is underway. The replacement bridge for the trail is on site. Ordinance 2554 -2011 appropriating W5,000 from US Fish and Wildlife for the bridge replacement project is scheduled for council action on May 18. Vintage Pointe Water Damage Project — Substantial completion inspection completed, contract close out is under way. Baron Park Drive (Kenai: Various Road irnerovements)— Clearing is complete, excavation and submittals are under way Main Street Reconstruction — Boring occurred in mid October concurrent with Central Heights Boring, This project also included road boring geo -tech on First Street. Preliminary design & cost estimate have been received, Central Heights Roadway Lighting & Storm Water Improvements — Boring began on October 12`h concurrent with Main Street Reconstruction Boring. Work on the geo -tech report is complete. Marathon Park Phase 1 (Daubenspeck Family Park) —The restroom construction contract was awarded on December 15th to Cornerstone Construction LLC, construction is underway with the slab complete and blocks on site. Construction documents for the parking lot and lighting are 98% complete. -182- KENAI, ALASKA FINANCE DEPARTMENT MID -MONTH REPORT To: Rick Koch, City Manager From Terry Eubank, Finance Director Date: May 12, 2011 Re: Monthly Report May 2011 The past month has been a busy one with much of the department's focus on the preparation of the FY2012 Budget and proposed changes in the City's health care. Based upon Council's action on May 9`h the administration has set employee premiums for the upcoming fiscal year and will be assisting employees with open - enrollment. Insurance renewals are due this month and I am expecting another good renewal year. There is a bit of uncertainty surrounding the losses in Japan due the earthquakes and resulting tsunamis. Additional information will follow as the renewal is finalized. With Council's approval of the City's collection provider, the department will begin the process of assigning delinquent ambulance billing accounts to the agency. Since adoption of the policy the department has sent out two notices of our policy and information regarding the City's Charity Care Policy. Since implementing the policy over $10,000 has been collected and numerous individual have entered into payment plans with the City. c# of KEN e ALASKA FIRE DEPARTMENT MID -MONTH REPORT May 2011 The current focus in the Fire department, as it has been for the last few months, has been training the new employees. All three employees have completed both their Basic and Advanced Aircraft Rescue Firefighting classes at the Beacon Training Center. This curriculum will give them the general knowledge to work safely in the event of an aircraft crash. These two classes are crucial to the development of these firefighters and all three did exceptionally well. Next month two of the new employees will be taking an advances EMT course. This is a pilot course being taught through the KPC and will showcase the new distant learning capabilities that KPC has to offer. Our employees will be at the fire station and will be able to respond to emergencies while working interactively through the internet with a web camera and. microphone. The State of Alaska EMS board is especially interested in this class because it has the capability of opening up EMT classes taught in this manner all over the state. Additionally all members of the department took part in their yearly live fire trainings at the Beacon Training Center. This is a requirement for our FAA Part 139 Airport Certification. The new truck was utilized in this training and performed very well. Our administrative assistant attended an Emergency Medical Dispatch training class. In times of overwhelming traffic in our dispatch center, she can be used as a back or alternate to answer 911 calls. Chief Tilly and Captain Anderson traveled to Washington State to attend a pre -build conference for the new ambulance. This type of tip helps assure that the department gets the ambulance configuration, lighting package and any special equipment that is needed. The specs for the new ambulance were gone over line by line to assure accuracy and compliance The plant was impressive and we feel strongly that we will have a fantastic product in the end. The new Ranger has been delivered and has been outfitted with emergency lighting and is being trained on by all Fire Department members. As agreed upon the seasonal enforcement officers from KPD will be using this throughout the month of July so they can patrol both the North and South beaches. Work on the boat is also progressing and we should have it ready by the end of the month. Call volume for the department has been on par with years past and we will be working closely this spring to monitor the wild land fire conditions. -184- h State Forestry the c4 p, ale KENAL ALASKA YT°: POLICE DEPARTMENT MID -MONTH REPORT Rick Koch — City Manager FROM: Gus Sandahl — Police Chief fr DATE: 5/11/11 SUBJECT: Police & Communications Department Activity — Month of April 2011 April 2011 Poiice handled 565 calls for service (down from 609 in April 2010). The Communications Center received 173 emergency 9 -1 -1 calls (101 from cell phones). Communications personnel handled 3,030 administrative phone calls during the month of March. Officers made 44 arrests and wrote 173 reports. Traffic enforcement resulted in 143 warnings, 33 speeding tickets, 7 seatbelt tickets, 22 citations for equipment violations, and 64 citations for "other" traffic violations. There were 8 DUI arrests (none were felonies). Police only investigated 2 vehicle crashes. Unfortunately, one of the crashes killed the adult male operator of a motorcycle (Spur Hwy. at Redoubt Ave.). Kenai Police Officers investigated the crash with Alaska State Troopers. The Bureau of Highway Patrol took the lead on the investigation, In the schools, SRO Langseth investigated 11 criminal incidents. He presented DARE to 5`" graders at Kaleidoscope. He also presented alcohol awareness and spice (synthetic marijuana) courses at KCHS, On April 20, Dispatchers Stacey Day and Nancy Wiles attended the National Academies of Emergency Dispatch, Emergency Medical Dispatch Conference in Las Vegas, NV. On April 27, Sgt. George attended a traffic safety summit in Anchorage. On April 29, Officer Levi Russell facilitated a monthly Police Athletic League (PAL) dodge ball event at the Boys and Girls Club. In late April, the Police Department started placing the message /speed trailer along the Spur Highway in efforts to deter aggressive driving, and to encourage compliance with seatbelt laws. Officers continue to work Alaska Highway Safety Office (AHSO) overtime shifts in efforts to deter aggressive driving and to help ensure seatbelt compliance. -185- Mrc1taf. KE AL ALASKA IMPOUNDED ANIMAL CONTROL MID- MONTH REPORT April 2011 2011 2010 2011 2010 82 63 ADOPTED 35 64 Dogs 56 43 Dogs 27 42 Cats 26 19 Cats 8 2] Other Species 0 1 Other Species 0 1 RELEASED BY O %NER 47 53 CLAIMED 25 22 Dogs 26 40 Dogs 20 20 Cats 21 13 Cats 5 2 Other Species 0 0 Other Species 0 0 D.O.A. 11 12 EUTHANIZED 68 28 Dogs Cats Other Species 7 8 Dogs 4 7 Cats 0 Q Other Species TOTAL ANIMALS 140 128 Other Disposition 35 21 33 7 0 0 Borough Animals 46 45 Field investigations 84 71 Total Dogs 89 91 Volunteer hours 91 84 Total Cats 51 35 Total phone 541 480 Total Other 0 2 Kennel Permits 1 0 Community Involvement Projects: 4/1/2011 Annual Sterling Elementary School field trip 4/2/201.1 Peninsula Community Health Services senior presentation 4/6/2011 Girl Scout Troop 9604 field trip -186- tlwc yof KENAI, SKA KENAI COMMUNITY LIBRARY MID -MONTH MAY 2 ©11 Nlareh and April Circulation Figures Adult Fiction 3,006 Intern et Access 1,563 Adult Non-Fiction 2.291 Young Adult Fiction 407 Periodicals 259 Juvenile Fiction 1,092 Music 311 Juvenile Non- Fiction 466 DVDs 3,578 Easy Fiction 2,310 Audio books 314 Easy Non-Fiction 296 Miscellaneous 75 Interlibrary Loan 31 Computer Programs 19 Total Print 10,158 Total Non - Print 5,860 Total Circulation 16,018 In -House circulation 117 Library Door Count 13,562 Downloadable Audio 421 Downloadable EBooks 148 Because we were closed for three weeks in March, 1 am including the March statistics in this report. Our newly arranged collection includes a section devoted to YA Fiction. These numbers were previously reported as Adult Fiction. Please also note that Videocassettes are no Ionger reported, because we have eliminated that format from the col lectiom That said, we still have approximately 33% of the collection in on -site storage. These books are only available through a staff member and then only if construction activity allows for their retrieval. The March statistics account for the one week we were open in that month. These circulation numbers show a staggering 53% increase in usage over the figures for last April. Even factoring in for the one week of March included in these figures, this is a fairly large increase in use. Our door count is also high, but the construction crew uses this door occasionally too so it may be artificially high. Income Fines $ 1,462 36 Xerox 70.25 Lost/Damaged 154.65 Test Proctoring Fee 20.00 Printing 501.75 Total income 03/11 & 04/11 $ 2,209.11 Interlibrary Loans Books Ordered 38 Received 40 Returned 34 Loaned by us 18 Library Cards Issued March & April 2011 Internet Only 18 Clam Gulch 1 Kasilof 8 Kenai 101 Nikiski 21 Ninilchih 1 Soldotna 23 Sterling 5 Non- Resident Oraanization & Other 19 Total 198 Children's & Family Programs.... 13 Attendees 219 Volunteers 13' Hours 48" *these numbers do not include all those volunteers who helped us move the collection -18/- Airport Improvement Program: May 2011 Airport Manager's Report Apron Rehabilitation: First construction meeting was held on April 26, 2011. Float Plane Basin Facility Improvement Project: Wince - Corthell- Bryson is working on the design. Master Plan — City Administration is working on a scope for this project. On- Airport Car Rental Concession: Bids due Friday, May 13`" at 2:OOpm. The new concession agreements will be for 5 years starting July 1, 2011. Float Plane Basin Fuel Pump — Fuel pumps were installed and Float Plane Basin was opened for the season May 10th 2011 Kenai Peninsula Air Fair: Next meeting scheduled for May 18"' at 4:OOpm. Erica has continued to secure great prizes for the poker run. We are expecting a large military participation this year. The Air Force Band "Northern Lights Brass" will be performing at 1:00 pm. Everyone is welcome to participate. Again the event is Saturday, June 4, 2011, if you can volunteer please contact Mary or Erica. Airport Maintenance: Airport staff has been busy with crack - sealing, sand pick -up and beautification. 2011 -04 -188- the city ul KENAI, ALASKA PARKS & RECREATION MID -MONTH REPORT TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: May 12, 2011 RE: Mid -month Report May 2011 Department staff has been busy with various pre- season activities, including cleanup of park areas and facilities, inspections, sport field preparation, turf aeration, and getting water turned on in various park locations. A few water lines are still frozen as of May 11th Restroom facilities have all been opened, seasonal rental units delivered to various locations, including dumpsters. Prevailing winds lately have prevented the crew from finishing the installation of street banners. Project will reconvene at the earliest possible time. The flooring installation at the Teen Center is nearly complete with final inspection with contractor scheduled for next week. Casey Planning & Design (Nancy Casey) is working on conceptual designs for a Kenai Trail System. The Kenai Rotary Club has been busy constructing picnic shelters at Daubenspeck Family Park as well. The departments Volunteer Plant Day is scheduled for Saturday, June 4th from 10:OOam to 1:30pm, Summer shelter reservations have picked up momentum as of late, including interest in Community Garden plots. Golden Wheel Amusements have secured the parkstrip June 10th — 12th. the of KENAI, ALASKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: May 9, 2011 Total April Meal Count 2011 . Served: Total Congregate Meals Served: 1,134 Total Horne Meals Served: 1.759 Total April Meal Count 2010 Served: Total Congregate Meals Served: 1,168 Total Home Meals Served: 1,515 KENAI SENIOR CENTER MAY We were rented twice in April. There were 854 volunteer hours for April. In April the director attended the NTS "Logic Model" Indicators workshop in Anchorage. The NTS continuation grant has been completed for the next fiscal year. We are currently submitting the quarterly reports and the continuation grant were completed on -line. This streamlines the grant process. The director received word of being awarded a $20,000 grant through the National Meals on Wheels Association sponsored by the Wal -Mart Foundation. This is a capital grant, so the funds will be used to purchase new "meals on wheels" van. Senior volunteers along with staff greeted the junior and senior high students for after prom breakfast, The volunteers fed 150 students and chaperones. The outreach worker at the senior center makes home and hospital visits, as well as teaches a ceramics class as well as supports a knitting and crocheting group. She made 10 visits in the home and /or hospital this past month. The outreach worker is the senior center's eyes and ears for helping seniors in the community. She logs who she sees, writes care notes about each client, as well as providing information to office staff and makes them aware of needs to follow- through with APS, refer a care coordinator, provide extra food, an appointment for transportation, etc. She also takes seniors to the doctor and acts as an advocate for the senior to help understand prescriptions being given and doctor's orders. Thursday night Blue-Grass continues to be a great success. The last week of April logged 92 people in attendance. -190- INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 18, 2011 1. 5/18/2011 Purchase Orders Between $2,500 and $15,000 for Council review. 2. Budget Transfer in Capital Projects in excess of $ 5,000. 3. 5/11/2011 M. Kebschull, City Planner memorandum "Comprehensive Plan Update." 4. 4/2011 Kenai Municipal. Airport Enplanement Report. 5, 5/12/2011 Kenai River Special Management Area Meeting Agenda and minutes of the April 14, 2011 Board meeting. 6. 2011 Alaska Gaming Permit Application/ Friends of the Kenai Community Library. 7. Kenai Peninsula Borough Ordinance No. 2011 -09, An Ordinance Amending KPB Chapter 21.18 Regarding Prior Existing Uses and Structures in the Anadromous Stream Habitat Protection District. 8. Kenai Peninsula Borough Ordinance no. 2011 -12, An Ordinance Amending KPB 21.18,025 to Add. Additional Water Bodies Subject to Anadromous Stream Habitat Protection. -192- PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: MAY 18, 2011 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT FERGUSON ENTERPRISES HYDRANT REPAIR PARTS WATER OPERATING SUPPLIES 2,68282 ALASKA SURE SEAL CRACK SEALING AIRPORT REPAIRS & MAINTENANCE 6,075.00 \t! =easy UUNAI, ALASKA i It Village with a Past Gi y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: May 11, 2011 SUBJECT: Comprehensive Pian Update The Comprehensive Plan public participation kicked off with two successful meetings in April. The first, April 2151, was attended by representatives of the various City Boards, Committees, and Commissions. The second held on Saturday, April 231d, was the first public meeting. Approximately 80 people participated in the Saturday meeting. There were lots of ideas generated during the meeting. Attached is a copy of the letter sent to the participants which identifies the key ideas. These key ideas were prepared by the facilitators using a process similar to that used after the Town Hall Meeting last May. This letter and all comments and ideas received during the meetings have been added to the City's web page. We have begun planning for a collaborative planning session for businesses in the City. The meeting is being planned with the assistance of the Chamber of Commerce. The meeting has been scheduled for the morning of June 8th at the Senior Center. The Chamber is compiling a list of all businesses in the City as well as Chamber and Rotary members and an invitation will be sent inviting and encouraging participation in the planning process. The Planning & Zoning Commission will begin reviewing existing and future land use and zoning at a work session on June 8th. This will likely take several meetings to review exisitng development trends, zoning descriptions and to start looking at proposing future land use designations for the City. -195- May 9, 2011 "Village with a Past, Ci y with Ftisre" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us Thank you for participating in the City of Kenai Comprehensive Strategic Planning Session on April 23, 2011. It was exciting to see community members come together to plan for the future of the City. Approximately 80 people participated in the session and there were lots of issues and ideas discussed. The facilitators reviewed ideas from each group and prepared a list of key issues, These key issues will provide guidance in drafting goals for the plan. Objectives to meet the goals will address specific ideas. There will be several processes involved in the development of the Plan including public meetings, a scientific survey, and a web -based survey to list a few. Key Issues ✓ Review zoning for present and future land use to provide for: • Residential • Commercial • Conservation • Recreation • Industrial • Commercial /business sectors • Townsite Historic Support public transportation on the Kenai Peninsula. Promote increased recreational opportunities /activities for the community, especially youth. Support development of a trail system for pedestrian /biking activities. Halt erosion of the Kenai River bluff. Promote consistent enforcement of ordinances and zoning. Y V r V' Topics identified during the visioning process that did not appear in responses to the two key questions: • Support senior housing F Develop cemetery > Protect fisheries and wildlife > Develop City -wide Wi -Fi Development of airport and airport industrial park > Revise subdivision code > Review landscape standards > Enhance landscaping in public right -of -ways ➢ Establish City theme /brand Attached to this letter are tables showing the top three issues from each group in response to the two key questions. All of the ideas from the groups can be reviewed through a link on the City's web page www.ci.kenai.ak.us under "Hot Topics." As future meetings are scheduled, we will send notices and place advertisements in the newspaper and on the City's web site. We hope you will be able to continue to participate in this worthwhile project. If you have questions or comments, don't hesitate to contact me. Sincerely, Marilyn . Kebschull, AICP Planner, City of Kenai -196- -197- Kenai Comprehensive Plan Strategic Planning Session Table 1: Top three priorities for Question 1: "What policies, initiatives and actions should be pursued over the next decade to improve and ensure a high quality of life for residents of the City of Kenai ?" 4 Group Strategic Issue 'Paints 1. Protect neighborhoods through zoning policies with few exceptions ensuring 13 1 protection from commercial encroachment 2. Protect public safety through a well thought out waste management policy to protect and mitigate wildlife issues 6 3. Manage ATV activity through speed limits and curfews along with developing a network of approved trails 5 1. Make Kenai a walkable and bikeable city year round with widened sidewalks 8 2 and improved lighting 2. Define commercial and residential areas 4 3. Incentives for using alternative energy 3 1. Recreational facilities for youth 14 3 2. Establish & enforce commercial landscape standards 8 3. Develop enough petroleum j 8 1. Improve services & facilities for youth 14 4 2. Continue to build strong infrastructure: roads, sewer bluff 14 3. Enforcement of city ordinances and zoning 10 1. Improve substance abuse programs j 9 5 2. Multi -use facile Jindoor) all ages [ 8 3. Promote youth participation /programs ! 7 T 1. Better long -term planning_& incentives to occupy /fill empty buildings 10 6 2. Bike /path network with corridor access to public lands 9 3. Consistent enforcement of existing utilities, ordinances & zoning 8 1. Job creation, business friendly, residential protection from encroachments 15 7 2. Year round walkable, bikeable safe trails to City center with well- defined City center with gathering areas 12 3. Protect bluff, river banks with Kenai River quality with beach protection. 1. Zoning review for responsible development 14 8 2. Expand opportunity for youth including a multi sports complex 8 3. Plan & Develop city center 6 1. Promote development of alternative transportation on the Kenai Peninsula 1 10 9 2. Promote development of indoor athletic and recreational facilities 9 3. Develop and promote outdoor recreational trails and camping opportunities 7 -197- Kenai Comprehensive Plan Strategic Planning Session 5 Table 2: Top three priorities for Question 2: "What revisions to the land use map are needed to ensure there is adequate land available for all uses; including, but not limited to commercial, residential, industrial and open space ?" Group Strategic issue Points 1 1. Limit the conditional uses in residential zones 13 2, Create a conservation zone with landscaped green spaces to divide all commercial and residential zones and provide wildlife travel corridors 13 3, Protect property values and citizens from adverse effects of nuisance noise 6 2 1. Identify City Center business district 10 2. Create a greenbelt zone 6 3. Create sensitive areas zones a 5 3 1. Audit city zones to reflect traditional use which would include rivers, wetlands 17 `nd others 2. Respect residential areas before commercial development occurs close by ', 7 3. City to lower costs of commercial properties, especially those with vacant structures 7 4 1. Hold public hearings & get input on how to classify & zone all undeveloped and within city limits and confirm compatibility of land use and zoning 16 j 12 7 2. Establish light commercial zone in undeveloped areas (e.g., Marathon Road) 3. Twin Cities Raceway zoned recreation I- 5 1. River and wetland protection 13 2. Limit "heavy industrial" touchinc,iiiver to marine /fisheries 10 3. Clear/concise criteria for conditional use permits (enforceable) 10 9 6 , 1. Wetlands, riverbanks and areas important to salmon rearing should be zoned conservation 2. Disallow zoning changes beyond rural residential on Spur Highway towards 5 Soldotna 3. Change airport zoning to heavy industrial 4 7 1. Reclassification of rural residential /preserve j— 20 2. Greenbelts gong Spur jhway & neighborhood with change of zone area 15 4 3. Reclassify conservation and wetland areas 8 1. Develop city center zone to encourage residential /commercial (retail) development 9 2. Rezone for race track for comp. zone 6 3. Develop /Rezone for green /open space buffer zones 5 9 1. Insure zoning integrity 6 1 5 4 2. Rezone racetrack lands to protect established (historic) use 3. Define airport lands separately from conservation 1 -198- 28.$7% GRANT `1908 , 71.13% April 2011 I Change v6g1A:B Co nhinod ERA nRANT • Month AVIATION AVIATION AVIATION 2010 from AV €ATION Month Total 2010 January 4,885 1,897 6,782 6,263 519 157 6,939 February 4.883 1,815 6,698 5,976 722 148 6.846 March 5,139 2,054 7,193 6,810 383 180 7,373 April 4,701 1,908 6,609 6,384 225 179 6,788 May 6,478 June 7,005 July 10,292 August 9,853 September 7,109 October. 7,613 November 7,371 December 6,435 iTotais 19,608 7,674 I 27,282 87,589 1,849 664 27,946 April 2010 $13,035 2011 $14.326 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 Terminal - vehicle Parking Revenues anal Vehicle Parking Revenues Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun -199- m FY30 CY FY11 KENAI RIVER Special Management Area "Working together...for the river" MAY - 5 2019 ENAI CITY CLE K / Kenai River Special Management Area Advisory Board ' Meeting Agenda "" Thursday, May 12, 2011 5:30 p.m. Gilman River Center CALL TO ORDER A. Roll Call; B. Minutes Approval C. Agenda Changes and Approval 11. Public Comments /Presentations Lt. Col Lowe (Ret) presentation on Russian & Kenai River confluence boat closure proposal III. REPORTS A. Agency and Government Reports a. State Parks — Sinclair, Russell b. DEC- Stevens c. ADF &G- Vania/ Begich d. USF &WS- Schmidt/Loranger e. USFS /Chugach- Bobbie Jo Kolodziejski f. City of Kenai- Koch g. City of Soldotna- Micciche h. Kenai Peninsula Borough- Carey B. Committee Reports a. Presidents Report b. Guide Advisory c. Habitat d. River Use e. Permits f. Legislative /Government Activities g. Board Development h. Agenda /Board Structure /Housekeeping IV. OLD BUSINESS V. NEW BUSINESS Kenai River Deferred Maintenance projects 2012 -13 VI. CORRESPONDENCE VII. PUBLIC COMMENT VIII. ADJOURNMENT A. Board Comments B. Date /Agenda of Next Meeting September B", 2011 at 5:30 p.m. o3/—„ LA.) u Kenai Area Office. PO Box 1247, Soldotna, AK 99669, 907 -262 -5581 Kenai Peninsula Borough, 144 N. Binklay, Soldotna, AK 99669 907- 262 -4441 Gilman River Center 514 Funny River Road, Soldotna, AK 99669, 907 - 260 -4882 Alaska Division of Parks and Outdoor Recreation, Department atufal Resovrwe, in cooperation with the Kenai Peninsula Borough p kka Kenai River Special Management Area Advisory Board Meeting Minutes Gilman River Center Thursday, April 14, 2011 5:30 p.m. 1. CALL TO ORDER A. Members Present: Joe Connors, Bruce King, Jack Sinclair, George Heim, Grant Watts, James Czarnezki, Robert Begich, Janet Schmidt, Andy Loranger, Bobbie Jo Kolodziejski, Carol Padgett, David Carey, Tim Stevens, Ricky Gease, Terri Carter, and Kevin Lyon. B. The Minutes for March 10, 2011 were approved as written, C. Agenda Changes and Approval: Jim Czarnezk added under old business, item B for discussion of Kenai Peninsula Borough 21.18 review. II. Public Comments /Presentations Brad Hamilton stated he was a Caring for the Kenai finalist and his project is called Mile Markers on the Kenai River. He would like to install mile markers on the Kenai River to help improve rescue response time for medical needs and natural disasters. Joe Gallagher and Mike Salzetti gave update on the HEA -Kenai Hydro Project, 111. REPORTS A. Agency and Government Reports a. State Parks, Jack Sinclair, contract for the Pillars dock was awarded to Peninsula Construction. The replacement of the five articulating floating docks with three articulating floating docks, which will help add stability to that floating dock. It will also have a ballast system inside that floatation to adjust the height of those and make sure they are floating in an equal line all the way down. We just finished a great deal of work on the fishing platforms at Morgan's Landing. There is still a little work to be done there, we have approximately 1/3 more fishing platforms now and because of the borough ordinance we were able to lower these to a much more usable height. We have also had our first meeting with the stream watch program folks for Bing's Landing and for City of Soldotna and US Fish and Wildlife Service, Forest Service looking forward to our second meeting this next Tuesday with the Rangers and we plan to talk more about the specifics about Bing's landing. We are still looking for a couple of people that might want to volunteer with their boat on the Kenai River to help start a visitor count system for State Parks for the summer. State Parks can pay for boat gas and a subsistence payment. Need people to help from Skilak Lake down to the mouth. Ideally we are asking for at least two days a week for those counts to be taken. Also in your packet, you will see a concept drawing for Bing's Landing. We are just now starting our process of re- designing the Bing's Landing boat access and launch area; we are iooking at trying to replace the large cantilevered dock with a more usable for boats to approach or take it out altogether. We are going to be studying the currents and see if it's possible to just bring boats bow in and still protect the habitat on shore; by allowing boats to bow In we could have possibly six to 10 more boats to be pulled up along shore there and they won't have to wade out in deep water. Hopefully, we can extend some of the walkways for fishing. We intend to move most of our fish cleaning stations this year down stream from our boat launches at least 100 feet if not more, to try to get fish waste away from our boat launches. b. DEC, Tim Stevens, last month I mentioned that DEC had received two grant applications for water quality monitoring on the Kenai River. As of yet, we haven't made a decision only because we haven't gotten to our commissioner who has been busy with the legislature, so we haven't gotten on his calendar to brief him. I do expect to have that by the end of the month as to whether both of those applications will be funded or not. For the turbidity work that we have been doing the last couple of years we expect a draft report right around May 1 ". c. ADF &G, Robert Begich, between now and next meeting we will be getting ready for our upcoming season. Between now and then we have our Salmon Celebration down at Johnson Lake on May 3`d. Next meeting, I hope to have our king salmon forecast out for you and talk about some other things we will be doing this year on the river. Kenai River Special Management Area Advisory Board Minutes — April 14, 2011 Page 1 of 4 -201- d. USF &WS, Janet Schmidt, the refuge visitor center is now open Saturday and Sunday. We are also preparing for our field season, which includes bringing 30 or so young people on. One of the groups is the youth conservation corp. program and applications are still being taken for that program. So, if you know of any young folks between the ages of 15 and 19, encourage them to go to our website and get the information they need to apply. We have a new Facebook site and its becoming more popular. We are trying to keep things updated on it, if you are a Facebook user, please visit our page and give us your ideas on how to improve that. Janet mentioned last time, the Birding Festival is May 19th — 22"° 2011. Janet Schmidt has volunteer crews coming again from Scotland; we will have at least 20 -40 Scottish folks working on our trails and cabins. We have our campground hosts all decided and ready to go. e. USFS /Chugach, Bobbie Jo Kolodziejski, we do have our public meetings kicking off on Monday for the Russian River Collaborative Process to Manage Human Bear Conflicts and to get public input on that. So we will be in Cooper Landing April 18th, on April 19i6 we will be in Soldotna at the Gilman River Center, Wasilla on the 20th, 21st we will be in Anchorage. Thrilled that State Parks and the City of Soldotna have stepped up to the plate to adopt stream watch. Wit be working within the Chugach to look at some sites on the Kenai River from the Kenai Bridge down to the Russian River that has been established campsites in a no camping zone according to regulation. Will be doing a river assessment with some folks on places that have illegal fires, camping, human waste, and liter, and thatis based on the Kenai River study that was put out as some priorities we need to address. The Forrest service is working with UAA on a symposium called Classrooms for Climate, and that is May 4 -7th 2011. It's called a symposium on the Changing Chugach Northern Eco System and the Implications for Science and Society. You can go online to Classrooms for Climate to find out more. f. City of Kenai, Kevin Lyon, still getting ready for the personal use fishery. We are still westing on the federal funding that was promised for the bridge replacement, hoping to get something in our hands in a week or so. We are working to get fish cleaning stations down at the river mouth for the personal use fishery and some totes nearby. The harbor commission met and went over the 10 hp motor to exit fishery. The City of Kenai is going to track their side to see what the effectiveness is and maybe keep pushing for a lower river drift boat pullout. g. City of Soldotna, Peter Micciche, was not present. h. Kenai Peninsula Borough, David Carey, gearing up for Phase 11 looking at KPB Ordinance 21.18. Today we received copies of the states reapportionment options. Once they choose we have 60 days to come up with the borough's re- drawing of lines. On Tuesday, we will have the beginning of an introduction of an ordinance to add all the water bodies of the Kenai Peninsula Borough, minus the flood zone in Seward; these would be added to the responsibility of permitting to the borough. The federal government did make their decision designating the critical habitat. To the best of our knowledge, they did not take a single suggestion that we made into account. We are looking at the decision and there is a period of time in terms of asking for some changes. We are certainly concerned and particularly as one of the appendices, they listed the hundreds of rivers and creeks that go into Cook Inlet; there could be some restrictions in terms of making sure the fish that are going up there are available for the Cook Inlet Beluga Whales. In November of 2008, we were notified that we received just under $700,000 in a grant; we have gone through a very long public process. On Monday we will see what the projects are and all 5 projects will- start this summer and will conclude the•following summer in terms of some of the studies. B. Committee Reports a. President's Report, remember the challenge of trying to get every board member involved in at least one committee, we are almost there. Thanked State Parks for attending all the committee meetings. b. Guide Advisory, Joe Connors stated we had a full committee meeting. We have a couple issues, one of them we will tell you what we want to do and the other we are not sure what we can do. Today we talked about the issue of drug testing; historically, a recommendation came out of a working group that all guides should be involved in a random drug testing program. Somewhere in that process it didn't come out that way, it came out only that the motorized guides needed a drug testing program because the coast guard could require it. Non - motorized guides didn't participate in a random drug testing program. Now we are having complaints about the current drift boat guides program they participate in, they go once a year and pay $70 and have it done within 30 day of permitting with state parks. Our committee is concerned with the drug program because it seems like there is no value and there is no randomness to 0. Our committee wants to see if there is a way to dump that and they are not apposed to going to a regular program. We are going to research and see if there is anyway of working with this. The other issue is enforcement for this coming year on the Kenai River and the lack of having dispatch after work hours and the concern that it brings relative to the security and well being of people in the field when you -202- can't have radio contact. We feel Mat it is a significant issue, the entire public safety issue with ONR. We are going to write a letter and it will be an action item next month for us to deal with. c. Habitat, Bruce King stated they had a brief meeting and got an update on 21.18 from the River Center Staff and talked to Jack Sinclair about Bing's Landing. d. River Use, George Heim, committee met today, it was the second meeting, we had a work session we kind of piggy backed on the stream watch presentation that Bobbie Jo heads up. The issues that we are trying to address are human waste, liter and prioritizing camping to some degree. We found out that camping within a quarter mile of Sterling Highway is prohibited, which is not currently enforced. Regulations from the comprehensive conservation language included prohibition of camping along the Kenai River from Skilak Lake upstream within 100 yards of the river; we have identified somewhere around 18 to 20 common campsites already. The River might be served if some of those campsites stayed in place. We started to work on that today, trying to identify which campsites along the river might be exceptions to the 100 yard prohibition. We identified 3 or 4 campsite that we are pretty positive would be good places to allow camping as a designated site; There were a few more that we are going to do a little more study on and make sure they are outside of that quarter mile prohibition. Hopefully by the next meeting we will be bringing forward an action item to the board, to forward to the refuge, purposing that some sites be exceptions to the 100 yard rule. In order to qualify as an exception, campers would be required to pack out everything they bring in including their human waste and there would be atime restriction on duration of camping, we are looking at about 3 day duration to minimize the impacts. e. Permits, did not meet. f. Legislative /Government Activities, David Carey, tomorrow I am taking a delegation to meet with the public safety commissioners office in Anchorage to start a discussion on dispatch. We have all 9 positions filled for the first time, but 3 will be trainees for the summer. We rejected 2 positions from the state, they were waiting on a grant from the federal government, if we would take the money and we would make them borough employees, they would give us some money, but they wouldn't pay all the benefits and we would be required to pay the retirement for the next 25 years by the new state rules in terms of when someone retires. We said no; we can't take that responsibility, the liability for the next 25 years for those 2 positions, so we are going to have some good discussions, g. Board Development, nothing to report. h. Agenda /Board Structure /Housekeeping, nothing to report. IV. OLD BUSINESS A. Response from Parks regarding Bing's Landing passenger vehicle parking restriction Aug 1 through Sept 15 Jack Sinclair stated the questions was, would state parks entertain a resolution from this board for restricting vehicles in the Bing's Landing boat launch parking to vehicles pulling trailers and no passenger vehicles between August 1 through September 15. Jack stated he didn't get a very positive response from his staff. There were some questions about fairness to all that use the boat launch, but what bothered them the most about this was that it does not guarantee everyone with a boat and trailer a place to park there. We don't have any real data that actually says how many ;passenger cars versus trailers park there during the summer. So to give you any kind of reliable information about how many cars park there and who is going to be affected by this, we don't have that data. We don't have enough information to make the best decision on this. In addition, with the proposal to construct a new day -use parking area and new stipulations for long term parking permittees, it seemed overly burdensome to attach this parking restriction to all the other issues now in the mix at Bing's Landing. The board agreed to wait 1 year before implementing the passenger vehicle parking until state parks can get more information. B. Discussion of Kenai Peninsula Borough 21.18 Review Jim Czarnezki stated at the April 191" meeting, two draft ordinances will be introduced. One is for the prior existing use which has gone to the planning commission, we wrote a letter supporting it at the planning commission level; it was passed with some minor changes. So, it will be introduced on the April 19`" meeting and at the May 171' meeting they could taKe action on it. We met on May 12. We will probably have a action Item at that time for a draft letter supporting the ordinance at the assembly level. The other thing that is being introduced on April 19`" is an ordinance to include all Kenai River Special Management Area Advisory Board Minutes — April 14, 2011 . Page 3 of 4 -203- salmon streams in the borough. There now are 25 or 26 streams that are under the ordinance, just one person full time does that. David Carey stated if anyone would like to look at the ordinances they are available online. V. NEW BUSINESS VI. CORRESPONDENCE - none VII. PUBLIC COMMENT - none VIII. ADJOURNMENT A. Board Comments Jack Sinclair stated Alaska Waste is going to be donating a bear resistant trash container to raffle off at the Kenai River Festival this year. B. Date /Agenda of Next Meeting May 12th, 2011 at 5:30 p.m. -204- 2011 Alaska Gaming Permit Ap cats fl Organization information 826 �WRoenon o Parmesbip ❑ Association Oyes Members in Charge of Games eaai fimmunidpaG Y. and designated by lneanJa organization Membesin Marge may mthelicensed a anwhams be a registered vendor venom mun employee of a vendor orfantis mem��sonf Aramet aer lternate, anam aseparrz therm a registerN oentlm man employee otauendm for rhKOn(aai Altmore totsmei ... ta- I' 15 6099 ❑ Lam © Mtmidotlm ❑ apnnnNlIRddeassoddaiaP Rd:st M,l ;t msgpadan DPdkeorfttedee ❑Pebnal DRcggmus ©Vranans ❑ IRA/NativeVWl Pdmaryrflas fi saiiat seogtYnr111 0ayumephonewr Nnme e. add Hanks primary mambas passed theses[? Yes a Legal Questions These Questions must be answeeett If you answer Yes t OYes No Does any member ormanagementor arty person who Istesponsible for gaming activities have a prohibited ronFlin of interest as defined by 15 MC 1609547 Wededare, under penny °Mammcm kkhCar'°afh miusatemenr made oa the apprkei !erwrininrzui° e,o,- - yanv1FL mineSlhhap7naalan, li ,, see instucdons. tuber of management or any person who is responsible OF gaming been cnmicted of a felony, extortion, or a viotatinp of a law m instate, or another jurisdiction, that Is a crime involving theft or or a vioIafon of gambling laws? odour knowledge and !when: 8 hue and mmpine. We unwound ono le member, and If appnmote, the manager of games agree in chowrhe 0 any Wrath nreno and tnatro fhl �.....,...,...s <mimnev nMmdlft. 1. vie ay p0 e gerafGames sig Mail to Alaska Department of Revenue -Tax 0ilaision PO Box 110420 .Juneau, AK 99811 -0420 Phone (907465-237.0 ° Fax (907)465-3098 wwwtmcalasko gev /gaming REcriveb 826 MAY d 6 ?oil One near estBRIM �apa@dEy¢a6asvneQla Seninsvrutti mandatory attachm Pay online with 0115 at www.tcantaslagov or make check payable to State of Alaska. New appti a9s must pay by cheem Permit Fee the permit fee is based on 2010 esn hmared grass 'Kean here the appwp Retain a eopan'xor -205- o New applicant a $4-$20, 0 $100,001 ormoR i $100 Form o4o5 -a16.1 vreb Rev loon nor 2011 • page 1 GAMERG PERMIT APPtICA'S90 FA D[OPSSESf50FSt1f1 826 aartrxappari edal draw raffle"" DCikuna i.. 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Ira DCoraest urn& Dish Pe Ny 0 Dag rmuheSmmesl 0 Marc (specify) - "- 6an erve (dsea all thatapGtt) .® RafAe OComcssofsnll ❑fish Sorry Deoq mashersmmest ❑oas4clspecit➢i INea � Area '/7F�/.s1 '1Crylls�� Manager of Games Requiredordy Manager ant name e(f -directe p and bingo. e ome mailing address en 0 Vendor Infor Bar or liquor store name 20 *4 Has themanager d games passed 021227 0Y2 0 H ten Attach 2010 vendor reolsaatian forw(s) and ieelsi far each vend o - he ow. hl �+ ararkquerstaename ms, AK Man bp +4 AK Sore AK Bar or Em ma=name State AK 4 Zip +4 liquorsarena A Operator Information i dui ativiix ^PPw "man €Pa#iJn Designate operator who will can ie en -- - IirenseN j Operator sinned operating wntraa(s). If more than one operator, attach a separate sheet name 1 Gamettpe(sl add Gty p +4 Multiple- beneficiary Permittee Information (MBP) DesignatetheMBPwithwhichthearganizat iarrhassignedapwro°dipor}a(r11 -t otureaore MBP pemitd MAP name IFadfuy tame rim Physical add Dedication of Net Proceeds Desaibeto detail how the organization wit( use the net s giTnillg activities. 1 ee +1a. lulu( ,, -r , .j frr©a rttsl +les tW F� e 4 brow vz1 �� '- ie u a;Qrr ra�7 ! 5-C a Cfa 71 seentzt, Z,4rrr Retain a copy for yew Fete 8s :6 -206- Form 040547G2web Fire 10110 far 2011 > pane 2 Introduced by: Mayor Date: 04/19/11 Hearing: 05/17/11 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2011 -09 AN ORDINANCE AMENDING KPB CHAPTER 21.18 REGARDING PRIOR EXISTING USES AND STRUCTURES IN THE ANADROMOUS STREAM HABITAT PROTECTION DISTRICT 1 WHEREAS, KPB Chapter 21.18, Anadromous Streams Habitat Protection, was initially 2 adopted in 1996 to protect salmon spawning and rearing habitat; and 3 WHEREAS, on April 6, 2010, May 4, 2010, and June 8, 2010, the assembly enacted 4 amendments to KPB 21.18; and 5 WHEREAS, the planning commission and staff have continued to work on the issue of prior 6 existing uses within the anadromous habitat protection district; and 7 WHEREAS, three planning commission work sessions were conducted in order to develop a 8 fair and effective ordinance addressing prior existing uses: and 9 WHEREAS, at its regularly scheduled meeting of March 28, 2011, the planning commission 10 recommended adoption of this ordinanc° by majority consent; 11 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI 12 PENINSULA BOROUGH: 13 SECTION 1. That KPB 21.18.090 is hereby amended as follows: 14 21.18.090. Prior existing [ACTIVITIES] uses and structures. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2011 -09 Page 1 of 8 -207- 1 A. Intent. There are [ACTIVITIES] uses which were conducted, and structures 2 which were under construction, or exist and were in use before the 3 enactment of this ordinance which would be prohibited or restricted under 4 the terms of this ordinance or future amendments. It is the intent of this 5 section to permit these prior existing uses [ACTIVITIES] or structures to 6 continue but not be increased, expanded, or intensified. Any prior existing 7 uses [sucH ACTIVITIES] or structures must still comply with other 8 applicable laws. [THE ACTIVITIES REFERENCED IN THIS SECTION SHALL BE 9 ALLOWED IF THEY DO NOT RESULT IN SIGNIFICANT EROSION OR DAMAGE TO 10 THE RIPARIAN HABITAT.] ] 1 B. The burden of proof is on the applicant to show that a prior existing use or 12 structure existed, when the use or structure was established. and the size, 13 location, and level of use. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 [B]C. Structures. Structures which were under construction or in use before the effective date of any provision of this chapter, but that would he prohibited or restricted under the terms of this chapter, shall be allowed to continue, provided that a structure under construction must have been [BE] substantially completed by April 16, 1998 for the Kenai River and May 16, 2002, for the anadromous streams set forth in KPB 21.18.025(A)(1)(a) through (A)(15t [WITHIN TWO YEARS OF ENACTMENT OF THIS ORDINANCE. SUCH A STRUCTURE MAY BE MAINTAINED OR REPAIRED WITHOUT .A PERMIT. SUCH A STRUCTURE MAY ALSO BE REPLACED OR RECONSTRUCTED WITHIN TWO YEARS AFTER ACCIDENTAL DAMAGE TO ACCIDENTAL DESTRUCTION BY FIRE, EXPLOSION, OR OTHER CASUALTY OR ACT OF GOD. RECONSTRUCTION OR REPLACEMENT NOT COMPLETED WITHIN TWO YEARS OF THE DATE OF THE DAMAGE IS PROHIBITED EXCEPT IN COMPLIANCE WITH CURRENT REQUIREMENTS. SUCH REPLACEMENT OR RECONSTRUCTION MAY ONLY BE UNDERTAKEN IN THE SAME SPACE THAT THE STRUCTURE OCCUPIED PRIOR. TO DAMAGE OR DESTRUCTION. ] Ordinance 201 1 -09 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 8 -208- 1 1. Upon application and approval of a prior - existing structure /use 2 permit by river center staff principal structures may be replaced, 3 repaired or reconstructed within two years after accidental damage 4 or destruction by fire. explosion, natural disaster, flood, or other 5 casualty. force of nature, or other force or act beyond the owner's 6 control and not intentionally caused by the owner. If a principal 7 structure is not substantially damaged and only a Portion of the 8 structure has been damaged or destroyed, only that portion may be 9 repaired or replaced, The height of an original principal structure 10 and area encompassed by the original footprint cannot be 11 increased. The structure must be similar in size and use to the 12 structure being repaired or replaced. Repair, replacement, or 13 reconstruction may only encompass the same square footage that 14 the structure occupied prior to damage or destruction, and the 15 structure must be more compliant with this chapter which shall be 16 determined by application of mitigation measures set forth. in KPB 17 21.18.091 to the maximum extent practicable. Staff will determine 1.8 the mitigation measures to be used consistent with the following 19 conditions: 20 a. The structure will not cause significant erosion, 21 sedimentation, damage within the habitat protection 22 district, or an increase in ground or surface water pollution; 23 h. Permitting repair. reconstruction. or replacement shall. be 24 consistent with the purposes of this chapter as set forth in 25 KPB 21.18.020, the borough comprehensive plan, another 26 applicable chapters of the borough code, and other 27 applicable planning documents adopted by the borough; Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] -209- Ordinance 2011.09 Page 3 of 8 1 2 c. The reconstruction, replacement or repair will not physically damage the adjoining property 3 d. Removal of materials or debris remaining from the damage 4 or destruction; and 5 6 7 8 9 10 Owner's compliance with other borough permits and ordinance requirements. The right to reconstruct in nonconformity with the chapter is forever lost if the application for reconstruction or repair is not made within six months of the date of damage, or 11 b. the application is approved but the structure is not 12 substantially reconstructed within 24 months of the date of 13 the approval of the application for reconstruction. 14 Li} For reasonable and sufficient cause shown for the 15 delay, the river center director may authorize an 16 extension not to exceed 12 months to complete 17 reconstruction. 18 (ii) To obtain an extension of time an applicant shall 19 submit a written request for an extension to the river 20 center prior to the expiration of the 24 month 21 reconstruction period. The applicant must show 22 reasonable and sufficient cause for the extension. Ordinance 2011 -09 Page 4 of 8 New Text Underlined" [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska -210- 1 3. Nothing in this section prohibits reconstruction at any time in 2 compliance with this chanter. 3 4. The provisions applicable to principal prior existing structures set 4 forth in KPB 21_18.090(C)(1)(2)(3) also apply to the replacement, 5 repair or reconstruction of accessory structures within the habitat 6 protection district. In addition to those provisions the following 7 rules apply to accessory structures: 8 a. Accessory structures may be replaced or reconstructed 9 outside of the habitat protection district without a KPB 10 21.18 permit. 11 b. Accessory structures may not be replaced or reconstructed 12 in ICPB 21.06 mapped floodplains or floodways. 13 c. The applicant must document the specific circumstances 14 that would prevent the accessory structure from bein 15 located outside of the habitat protection district in order to 16 be permitted to repair, replace. or reconstruct the accessory 17 structure within the habitat protection district. 18 [C]D. Uses [AcrtvrnEs]. This chapter shall not prohibit or restrict uses 19 [ACTIVITIES] which were legally conducted before the effective date of this 20 section [ANY PROVISION OF THIS CHAPTER], provided that, after the 21 effective date, such uses [ACTIVITIES] are conducted in the same location 22 and are not enlarged to include a greater number of participants or to 23 occupy a greater area of land. Upon application and approval of a prior 24 existing structure /use permit by river center staff a change to the prior 25 existing use may be allowed. No change shall be granted unless the 26 change reduces the noncompliance, by use of mitigation procedures set Kenai Peninsula Borough, Alaska New Text Underlined' [DELETED TEXT BRACKETED] -211- Ordinance 2011 -09 Page 5 of 8 1 forth in KPB 21.18.091, to the maximum extent practicable. Staff will 2 determine the mitigation measures to be used consistent with the following 3 conditions: 4 a. The use will not cause significant erosion, sedimentation, damage 5 within the habitat protection district, or an increase in ground or 6 surface water pollution: 7 b. Permitting the use shall be consistent with the purposes of this 8 chapter as set forth in KPB 21.18.020 the borough comprehensive 9 plan, another applicable chapters of the borough code. and other 10 applicable planning documents adopted by the borough. 11 12 c. The use will not physically damage the adjoining property: d. Removal of materials or debris resulting from the prior - existing 13 use; and 14 e. Owner's compliance with other borough permits and ordinance 15 requirements. 16 [D. PERMITS. ANY ENLARGEMENT OR EXPANSION OF SUCH AN ACTIVITY OR 17 STRUCTURE WITHIN THE HABITAT PROTECTION AREA SHALL REQUIRE A 18 CONDITIONAL USE PERMIT. A CONDITIONAL USE PERMIT SHALL BE GRANTED 19 TO AN APPLICANT IF THE ENLARGEMENT OR EXPANSION WILL BE 20 CONDUCTED IN A MANNER THAT DOES NOT RESULT IN SIGNIFICANT EROSION, 21 DESTRUCTION OF WETLANDS OR RIPARIAN HABITAT OR INCREASE IN 22 GROUND OR WATER POLLUTION. THE PERMITTING AUTHORITY MAY ATTACH 23 CONDITIONS TO THE PERMIT IT FEELS ARE REASONABLY NECESSARY TO 24 ACHIEVE THE ABOVE OBJECTIVES.] Ordinance 2011-09 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 6 of 8 -212- Other provisions. 2 1. Any prior existing [ACTIVITY] use or structure which is abandoned 3 for two years or more shall thereafter not be conducted, used or 4 occupied except in conformity with the provisions of this chapter. 5 2. The deliberate destruction of a prior existing structure by the 6 owner terminates the prior existing status. 7 3. The river center may require removal or cessation of abandoned 8 uses or structures. 9 [2]4. Nothing in this chapter shall prevent any change of tenancy, 10 ownership or management of any prior existing structure. 11 F. impervious materials placed in the habitat protection district which are not 12 structures are not allowed as either prior existing uses or prior existing 13 structures. The river center may require removal of these materials. 14 15 G. River center deteiminations regarding prior existing structures and prior existing uses may be appealed to the planning commission. 16 SECTION 2. That KPB 21.18.140 is hereby amended as follows: 17 Y. "Abandoned" means to cease a use or use of a structure for a specified 18 time period, whether the cessation of use is intentional or unintentional, 19 and whether or not the use is seasonal. [°ABANDONED" MEANS TO STOP 20 THE USE OF PROPERTY INTENTIONALLY. WHEN THE USE OF A PROPERTY HAS 21 CEASED AND THE PROPERTY HAS BEEN VACANT FOR 24 MONTHS, 22 ABANDONMENT OF USE WILL BE PRESUMED UNLESS THE OWNER CAN SHOW 23 THAT A DILIGENT EFFORT HAS BEEN MADE TO SELL, RENT, OR CONTINUE THE Kenai Peninsula Borough, Alaska New Text i.inderlined; DELE rED TEXT BRACKETED[ Ordinance 2011 -09 Page 7 of 8 -213- 2 3 PRIOR EXISTING USE OF THE PROPERTY. Z. "Substantially damaged" shall mean that the cost to repair the damage equals or exceeds 50% of the structures' assessed value prior to the damage 5 AA. "Substantially reconstructed" shall mean completed to a point where the 6 structure is available for the owner's beneficial use or occupancy. 7 SECTION 3. That this ordinance takes effect immediately upon its enactment. 8 ENAC"IED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * 9 DAY OF * 2011. Gary Knopp, Assembly President ATTEST: Jobni Blankenship, Borough Clerk Yes: No: Absent: Ordinance 2011 -09 Page 8 of 8 New Text Underlined; [DELETED TEXT BRACKETED} Kenai Peninsula Borough, Alaska -214- Introduced by: Smith Date: 04/19/11 Hearings: 05/17/11 & 06/07/11 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2011-12 AN ORDINANCE AMENDING KPB 21.18.025 TO ADD ADDITIONAL WATER BODIES SUBJECT TO ANADROMOUS STREAM }IABITAT PRO IECTION 1 WHEREAS, KPB Chapter 21.18, Anadromous Streams Habitat Protection, was initially 2 adopted in 1996 to protect salmon spawning and rearing habitat; and 3 WHEREAS, initially the provisions of the ordinance only applied to porno 4 River; and 5 WHEREAS, through ordinance 2000 -08 the assembly expanded the scope o#' this chapter to 6 apply to 10 tributaries of the Kenai River and 14 additional streams within the 7 east side of Cook Inlet; and 8 WHEREAS, the findings in KPB 21.18.010, supporting expanding the scope of Chapter 21.18, 9 apply with equal force to virtually all of the other anadromous streams in the 10 borough excluding those found within the Seward -Bear Creek Flood Service 11 Area; and 12 WHEREAS, the best interests of the borough would be served by consistently applying this 13 ordinance to the remaining anadromous streams in the borough as provided in this 14 ordinance; and 15 WHEREAS, at its regularly scheduled meeting of the planning commission 16 recommended Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED) Ordinance 2011 -12 Page 1 of 4 -215- I NOW, THEREFORE, 13E IT ORDAINED BY THE ASSEMBLY OF THE KENAI 2 PENINSULA BOROUGH: 3 SECTION 1. That KPB 21.18.025 is hereby amended as follows: 4 21.18.025. Application. 5 A. The following anadromous streams, as identified in the "Atlas and 6 Catalogue of Waters Important for Spawning, Rearing, or Migration of 7 Anadromous Fish" published by the Alaska Department of Fish and 8 Game, are subject to this chapter: 9 [A.] Within the east side of Cook Inlet as follows: 10 12 13 14 15 16 1.7 18 19 20 21 Kenai River, Stream No. 244 -30- 10010, and its following tributaries: (a) (b) (c) (d) (e) (f) (g) (h) (i) (1) Beaver Creek, Stream No. 24430-10010-2025 Siikok Creek, Stream No. 24430-10010-2030 Soldotna Creek, Strearn No. 24430- 10010 -2039 Funny River, Stream No. 24430.40010-2050 Moose River, Stream No. 24430 -10010 -2063 Killey River, Strearn No. 24430 -10010 -2076 Upper Killey River, Stream No. 24430-10010-2110 Russian River, Stream No. 24430-10010-2158 Quartz River, Stream No. 24430 -10010 -2177 Trail River, Stream No. 24430 -10010 -2225 22 2. Swanson River, Stream No. 247 -90 -10020 Ordinance 2011 -12 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 4 -216- 3 3, Kasilof River. Stream No. 244 -30 -10050 4, Ninilchik River, Stream No. 244-20 -10090 5. Deep Creek, Stream No. 244 -20 -10100 6. Stariski Creek, Stream No. 244 -10 -10050 5 7. Anchor River. Stream No. 244 -10- 1001.0 6 8. Fox River, Stream No. 241 -14 -10645 7 9. Seldovia River, Stream No. 241 -1 1 -1 0730 8 10. English Bay River, Stream No. 241 -30 -10500 9 10 11. Bradley River, Stream No. 241- '1410625 -2010 12. Bishop Creek, Stream No. 246-90-10030 11 13. Chickaloon Creek. Stream No. 247-60-10110 12 14. North Fork of Anchor River, Stream No. 24410-10 1 0-2011 13 15. Seven Egg Creek, Stream No. 24780 -10010 14 B. In addition to the water bodies listed in 21.18.025(A). all anadromous 15 waterbodies within the municipal boundaries of the Kenai Peninsula 16 Borough which are listed in the "Atlas and. Catalogue of Waters Important 17 for Spawning. Rearing. or Migration of Anadromous Fish" as periodically 18 updated and published by the Alaska Department of Fish and Game. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2011 -1.2 Page 3 of 4 -217- 1 excludina all portions of waterways found within the Seward -Bear Creek 2 Flood Service area, are subject to this chapter as of.lanuary I. 2012. 3 SECTION 2. That this ordinance takes effect immediately upon its enactment. 4 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * 5 DAY OF * 2011. Gary Knopp, Assembly President ATTEST: John' Blankenship, Borough Clerk Yes: No: Absent: Ordinance 2011 -12 Page 4 of 4 New Text underlined; [DELETED TEXT BRACKETED' -218- Kenai Peninsula Borough, Alaska KENAI PENINSULA BOROUGH Kenai Peninsula Borough Assembly 144 North Binkley Street Soldotna, AK 99669 Phone 907 - 714 -2160 Fax 907 -714 -2388 MEMORANDUM TO: Gary Knopp, Assembly President Kenai Peninsula Borough Assembly Members s FROM: Bill Smith, Assembly Member °P��4Y DATE: April 19, 2011 Gary Knopp, Assembly President Charlie Pierce, Vice President r RE: Ordinance 2011 - Amending KPB 21.18 Anadromous Streams Habitat Protection to extend protection to all Kenai Peninsula Borough Anadromous Streams. In 1996, the Kenai Peninsula Borough began regulating development adjacent to the Kenai River in order to provide riparian habitat protection. In 2000, the Assembly enacted Ordinance 2000 -08 which added 24 additional streams to include more of the major salmon rearing and spawning habitat on the Kenai Peninsula. The findings validating Ordinance 2000 -08 are not only valid for the currently managed anadromous streams, they are valid for all anadromous streams within the borough. Some findings in Ordinance 2010 -16 include: A. In enacting this ordinance the assembly finds numerous factors affect the habitat of the anadromous streams within the Kenai Peninsula Borough. These include bank erosion, bank trampling, pollution, inadequate tourism infrastructure, unsuccessful attempts to remedy bank erosion or protect and restore habitat, inconsistent regulations and enforcement, logging, grazing, mining, wetland fill and drainage, excavation and fill of property, dredging, inappropriately installed culverts, fuel storage, and maintenance of existing structures. 8. The assembly finds that the sensitivity of the river area requires general prohibition on activities within an area immediately adjacent to anadromous streams, and only activities which do not damage the habitat should be allowed. C. The assembly finds that fuel storage and significant removal of vegetation within the 100 - year floodplain along the anadromous streams require regulation to protect the salmon habitat. 150 -219- D. The assembly finds that the uncontrolled use and pollution of shoreland and riparian areas adversely affects the public health, safety, convenience, and general welfare, and impairs the tax base. E. The assembly finds that the legislature of Alaska authorizes the borough to provide for planning, platting, and land use regulation. AS 29.40.010, Planning, platting, and land use regulation, states in subsection (a) that "[a] first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis." F. The assembly finds that the riparian ecosystem includes stream bank and floodplain areas and recognizes that impacts to anadromous streams may be due to activities and uses within the greater watershed, G. The assembly finds that the 1997 update of the Alaska Department of Natural Resources Kenai River Comprehensive Management Plan recognized the increased use of the Kenai River resource and its associated impacts and recognized the deterioration of nearshore habitat for juvenile salmon and stated in Section 2.2 that "[t]he importance of riparian (stream bank) vegetation to fish and wildlife values cannot be overestimated." H. The assembly finds that It is in the public interest to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish, and aquatic life; control building sites, placement of structures, and land uses; and to preserve shore cover and natural beauty. These responsibilities are hereby recognized by the Kenai Peninsula Borough. I believe the findings above well elaborate the need to provide protection for salmon habitat and shouid apply equally to all such habitat within the borough. Your consideration will be appreciated. 151 -220- Ownership and Parcel Improvements on Anadromous Streams in the Kenai Peninsula Borough and Ownership All Anadrornous Streams: Number of Parcels Currenty Managed Streams: Number of Parcels Anadroumos Streams in S /BCFSA *: Number of Parcels Unmanaged Anadromous Streams: Number of Parcels Federal IIIMMI 236 49 87 4 9 62 140 Borough Municipal MEMIll 49 29 40 Native 497 124 4 369 Native Allotment 41 ® 1 _.. _. 28 Private ranIMIIIIIIIMMal Total Parcels 4,002 5,806 2,797 381 3,499 334 871 20 396 401. 1,906 Improved Private Parcels 2,571 1,995 217 359 'Improved Non- Private Parcels 124 58 10 46 Total improved Parcels Total Unimproved Parcels 2,695 2,063 227 405 3,111 1,436 174 1,501 Total River Miles 2,973 Source: Kenai Peninsula Borough GIS Department *Seward /Bear Creek Flood Service Area 602.45 53.30 2,317.25 152 -221- 7000 6000 5000 4000 3000 2000 1000 0 Ownership of Parcels on KPB Anadromous Streams All Anadromous Currently Managed Anadromous Streams In S /BCFSA" Streams Streams aPrivately Owned Parcels mTota! Parcels Unmanaged Anadromous Streams Forty -six percent (46 %) of all parcels on unmanaged anadremous streams are privately owned. Adding the unmanaged streams to KPB 21.18 would result in a 54% increase of parcels to manage. 4500 4000 3500 3000 2500 2000 1500 1000 500 !' 0 Improved Privately Owned Parcels on KPB Anadromous Streams All Anadromous Currently Managed Anadromous Unmanaged Screams Streams Streams in Anadromous S /BCFSA" Streams APrivate Parcels »improved Private Parcels I Seventy -one percent (71 %) of all privately owned parcels on currently managed streams are already improved /developed, On unmanaged streams, the number of already improved /developed properties drops to forty -one percent (41 °%). 153 -222- Total River Miles r CCurrently Managed Streams III aaAnadroumos Streams in S /BCFSA* o Unmanaged Anadromous LStreams Of the 2,973 total miles of anadromous streams in the Kenai Peninsula Borough, about 20% (602) are currently managed by the Borough. REPLACEMENT PAGE 154 -223- CITY OF' KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF MAY 18, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. 3. Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by S147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4. Resolution No. 2011 -38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District. 5. Resolution No. 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District. 6. Resolution No. 2011 -41 -- Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of $16,600. 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. /i Carol L. Freas, City Clerk Posted: May 18, 2011 NOTICE OF PUBLIC HEARING MAY 18, 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. 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. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and for Council to consider the ordinance.) 2. Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. 3. Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4. Resolution No. 2011 -38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District. 5. Resolution No. 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District. 6. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 201.1 and Ending June 30, 2012. 7. Resolution No. 2011 -41 -- Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of $16,600. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: May 13, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING MAY 18, 2011 7:00 P.M. u ° "" KENAI CITY COUNCIL CHAMBERS http: / /www.ci. kenai.ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) . Mark R. Landt, Buccaneer Alaska Operating, LLC, Cook Inlet Permitting /Outreach 2. Greg Jones, Executive Director /Alaska Mental Health Trust Land Office and Jeff Jessee, CEO, Alaska Mental Health Trust Authority -- Review /Update of Trust Activities in the Kenai Area. 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. 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. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and for Council to consider the ordinance.) 2. Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. 3. Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4. Resolution No. 2011 -38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District. 5. Resolution No. 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District. 6. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 7. Resolution No. 2011 -41 -- Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of 516,600. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Election -- Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335, to Allow for Voting by Electronic Transmission and Making Technical Corrections. 4. *Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 5. *Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund. 6 *Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates." to Require That the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility. 7. Discussion /Action -- Ordinance No. 2546 -2011, Schedule Council Work Session. EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City Attorney: CINGSA's request to purchase easement and mineral deeds from the City of Kenai. 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 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA ss; Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day for one consecutive day following dates: May 16, 2011 successive and in the issues on the X SUBSCRIBED AND SWORN to me before this 16th day of May , 2011 cl r - NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 AGENDA KENAI CITY COUNCIL — REGULAR MEETING MAY 18, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt p: / /www. ci. ke n a i. a k. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Mark R. Landt, Buccaneer Alaska Operating, LLC, Cook net Permitting /Outreach 2. Greg Jones, Executive Director/Alaska Mental Health Trust Land Office and Jeff Jessee, CEO, Alaska Mental Health Trust Authority -- Review /Update of Trust Activities in the Kenai Area. 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. 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. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public heating, then to be returned to Council with the Commission's recommendation for the May 1$ 2011 Council Meeting at which time a public hearing will be held and for Council to consider the ordinance.) 2 Ordinance No 2554-2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. 3 Ordinance. No 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512" in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4 Resolution No. 2011.38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District. 5 Resolution No 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District. 6 Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1. 2011 and Ending June 30, 2012. 7 Resolution No 2011-41 - Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of $16,600. ITEM F; UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1 Ratification of Bills 2. Approval of Purchase Orders Exceeding $16000 3 *Ordinance No 2556 -2011 — Amending Portions of Kenai Municipal Code Title 6 Entitled "Elections," KMC 605110 Conducting. an Election—Canvassing Returns;: KMC 6 05.120, Establishment of Canvassing Board. and Procedures, KMC '6.05150, Application Deadline for Applying for Absentee Ballots; MC 6.05 170 ::Absentee Voting - -By Mail, KMC 604200, Voting Devices and Machines; KMC 6.05.280 Record Retention and KMC 6.05.335 to Allow for Voting by Electronic Transmission and Making Technical Corrections. 4. *Ordinance No. 2557-2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012 5. *Ordinance No 2558-2011 -- Increasing Estimated Revenues and Appropriations by 525,000 in the Multi - Purpose - Facility Capital Project Fund. 6 *Ordinance No. 25594011 -- Amending Kenai Municipal Code Section 11 05 050, 'Condition as to Equal Services and Rates," to Require That the City Provide Residents of the City of Kenai With Free Services at the City-Owned Boat Launch and Parking Facility:: 7 Discussion/Action -- Ordinance No. 2546 -2011 Schedule Council Work Session. EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City Attorney CINGSA's request to purchase easement and mineral deeds from the City of Kenai. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidaigo Avenue, or visit our website at http: / /www.ci.kenai.ak.us. Carol L. Frees, City Clerk D7041211