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2011-08-17 Council Packet
COUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Council Meeting Date: Mayor Council - Bookey, Boyle, Gabriel, Moore Clerk City Manager City Attorney Library v Fire Department Finance Cunningham Kebschull v'- Student Rep. Hall Binder r Clarion KSRM Mellish Schmidt ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. COMMENT SIGN-UP SHEET COUNCIL MEETING OF: tit NAME ADDRESS TOPIC OR AGENDA ITEM? 1,4‘,64) Cov-dos-e tti 6.44-47" z-5-- 2-01 Skti\t,x,\ JTJ or-c(. ZSCzoH file441c \\(Q A\DO (2 7 4,2 j. L /0767 w6A 25 Y6 -2011 COMMENT SIGN-UP SHEET MEETING OF: NAME MAILING ADDRESS TOPIC OR AGENDA ITEM? c, bau-N-ese„ ate 44 6-ecc-v 30R. RI' 1 -<e.ct c\-{S" &fen f 41 VelAasc , -17g 3/2 b3 ir)c-Coitzta.Di- AP .# it..c.d Amami - v COUNCIL MEETING OF: DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V Page 1— of M S V DALY MOORE GABRIEL \/ BOOKEY MARQUIS MOLLOY \/ BOYLE PORTER M S V DALY MOORE �7 GABRIEL ,f ° BOOKEY IV I MARQUIS y MOLLOY f BOYLE 9 PORTER N ' DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V Page 1— of M S V DALY MOORE GABRIEL \/ BOOKEY MARQUIS MOLLOY \/ BOYLE PORTER M S V DALY MOORE �7 GABRIEL ,f ° BOOKEY IV I MARQUIS y MOLLOY y BOYLE y PORTER N ' DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V Page 1— of M S V DALY MOORE GABRIEL \/ BOOKEY MARQUIS MOLLOY \/ BOYLE PORTER M S V DALY MOORE GABRIEL N BOOKEY MARQUIS N MOLLOY BOYLE PORTER M S V DALY MOORE �7 GABRIEL ,f ° BOOKEY IV I MARQUIS y MOLLOY BOYLE y PORTER N ' M S V DALY MOORE GABRIEL N BOOKEY MARQUIS N MOLLOY BOYLE PORTER COUNCIL MEETING OF: airat i) M S V DALY MOORE GABRIEL N BOOKEY MARQUIS MOLLOY BOYLE PORTER Page O of M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M M S V DALY MOORE MOORE 1� GABRIEL GABRIEL BOOKEY BOOKEY MOLLOY MARQUIS BOYLE MOLLOY PORTER BOYLE PORTER Page O of M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER Page O of M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V DALY MOORE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER Colleen Ward From: jarrod daniels <alyeskasoldotna @hotmail.com> Sent: Wednesday, August 17, 2011 6:03 PM To: xcel @alaska.com To the Council, I would like to have this read and on the record please... Ive just built a new house in the past three years and am very displeased that now I have to worry about a mini mart or apartment complex could possibley be built in my back yard do to the progressive increase of the city to the south. Lowe's is now shut down, and were running into more and more empty buildings accross the city and you want to keep expanding the city. Can you tell us as citizens how this is benificial to not oly the city of Kenai but as home owners that want to see the city grow and flourish, but not at the expense of running over these green strips that are already established. they make it welcoming into our city instead of more and more empty buildings. please consider the citisens of kenai above the "POSSIBLE" ecomnomic growth of the city and what "YOU" want personally. TheTRUST LAND OFFICE August 16, 2011 Mayor Pat Porter City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 -7794 Re: Ordinance No. 2546 -2011 (and Substitute) Honorable Mayor Porter: This letter will address the above referenced ordinance and the August 11, 2011 Memorandum from Council Member Molloy addressing a proposal that amends Ordinance No. 2546 -2011. That memorandum provides for an amendment titled "Substitute Ordinance No. 2546 - 2011 ", amending the City of Kenai's Land Use Table to make comprehensive changes to the uses allowed in the Rural Residential RR -1 Zoning District. The Alaska Mental Health Trust Authority is a state corporation that administers the Alaska Mental Health Trust (The Trust), a perpetual trust established for the benefit of Alaskans with mental illness, developmental disabilities, chronic alcoholism, and Alzheimer's disease and related dementia. In 1956, Congress passed the Alaska Mental Health Enabling Act, entitling the Territory of Alaska to one million acres of federal land to be used for revenue generation to support mental health services in Alaska. The Trust Land Office (TLO) manages the Trust's land and mineral assets. The Trust has a fiduciary responsibility to protect and enhance trust assets in perpetuity for the beneficiaries. The TLO is charged by state law to preserve the value and maximize revenue from Trust lands in order to generate income to fund mental health needs and programs across the state. The Trust owns lands within the subject RR -1 Zoning District that is affected by this ordinance amendment. The TLO offers the following comments to the Council. We request that these comments be considered and addressed at the August 17, 2011 regular meeting of the Kenai City Council. 1) Changes to the Land Use Table, as proposed August 11, 2011, sponsored by Council Member Molloy, are significant and not minor in nature. In fact, of the 56 land uses that are allowed in the RR1 zone, either as permitted uses or conditional uses, 38 are prohibited by the ordinance as proposed. That translates to elimination of 68% of the allowable uses in the zone. More important, there are five categories of land uses delineated in the Land Use Table. Under the proposed amendment, two of those categories are effectively removed and two are severely limited. In the Commercial category, the uses change from 12 allowed by conditional use to one. In the Industrial category the ordinance removes all seven uses from the zone. In the Miscellaneous category, 19 uses, allowed either as permitted uses or conditional uses, are reduced to five conditional uses. All of those are associated with residential areas. In the Public Institutional category, the uses are reduced from eleven to seven. Only the Residential category is left with minimal changes, where only one use is removed. The TLO asserts that these changes fundamentally constitute a rezone Alaska Mental Health Trust Land Office 718 L Street, Suite 202 Anchorage :Alaska 9950 1 Tel: 907- 269 -8650 Fax: 907 - 269 -8905 www.mhtrustland.org Mayor Pat Porter Ordinance No. 2546 -2011 August 16, 2011 Page 2 and are arbitrary and unreasonable. By fundamentally changing the uses allowed on a parcel by amending the body of the land use table (by definition a "rezone "), the change in land use has not been subject to the City's rezone process, and has completely bypassed required notice to property owners, the public process, and the planning processes delegated to the City of Kenai by the Kenai Peninsula Borough, all without considering the effect on individual parcels. 2) Consideration of fundamental land use issues and changes to code should be done in conjunction with consideration of amendments to the remainder of the code. This is a primary function of the Planning and Zoning Commission and their responsibility to balance land uses among zoning districts in order to accommodate community needs and property characteristics. The TLO strongly recommends the Council allow the Commission to finalize their efforts in the comprehensive review of residential zones within Ordinance No. 254E -2011 before acting in one area. 3) The suggested changes to the Land Use Table substantially devalues the Trust's property without compensation or due process. This effectively will be a taking that will render the property value to be a fraction of today's value. 4) The TLO has made an effort to communicate with the neighbors and understands their concerns. To that end we have made suggested changes to the Land Use Table (see the attached table). We believe that these changes should be considered by the Planning and Zoning Commission as part of their on -going comprehensive code review as indicated in paragraph 2 above. Our suggested changes put the and uses that require special attention when adjacent to a residential area into the Conditional Use category. We are confident that the concerns of the neighboring property owners can be sufficiently mitigated through the Conditional Use Process, while still allowing the TLO to realize the current value in the Trust's land. Nevertheless, all property owners' concerns should be addressed in the public process contemplated by the Borough's rezoning procedures, not by a re- definition of one zoning district. We intend to pursue the protection of the Trust's and and mineral assets as far as necessary to preserve its value, to assure that the public process is being respected, to ensure that constitutional and statutory mandates are being followed, and to allow the beneficiaries of the Trust to realize the full benefit from these assets. Thank you for your consideration of these comments. Very tc I)jS o rs, 7g /fy LJones Executive Director K MC — 14.22.010 Land Use Table RR1 Zoning District — Comparison Table Alaska Mental Heath Trust Recommendations LAND USES Current ORD. 2546-2011 PRIG Resolution Mental Health Trust Rec. Changes to P&Z Version Work Column KEY: Principle Permitted/ Secondary/Conditional/ Not Permitted P-S-C-N P-S-C-N P-S-C-N P-S-C-N P-S-C-N RESIDENTIAL One Family Dwelling P P p Two/Three Family Dwelling P C3 P C3,22,29 P C3, 29 P [C3, 29] P Four Family Dwelling Five/Six Family Dwelling N N N N Seven or More Family Dwelling N C N C3,29 N C N C Townhouses 4 Mobile Home Parks 6 C N N N Planned Unit Residential Development 7 C C29 C C COMMERCIAL Automotive Sales Automotive Service Stations N N N Banks C N C29 C29 Business/Consumer Services C N C29 09 Guide Service C N N N Hotels/Motels C N C29 [C291 N Lodge C N C29 [C29] N Professional Offices C C29 C29 09 Restaurants C N N [N] C29 Retail Business C N C29 C29 Wholesale Business C N N INI C29 Theatres/Commercial Recreation C N N N Mental Health Trust Recommended Changes Page 1 of 3 New text underlined; [DELETED TEXT BRACKETED] Draft August 17, 2011 LAND USES Current ORD. 2546 -2011 Pain Resolution Mental Health Trust Rec. Changes to 1382 Version Work Column INDUSTRIAL Airports 8 Related Uses C N N N Automotive Repair C N N N Gas Manufacturing /Storage C N N N Manufacturing /Fabricating /Assembly C N N N Mini - Storage Facility C N N [N] Cze Storage Yard C N N N Warehouses C N N N PUBLIC INSTITUTIONAL Charitable Institutions C N Delete Delete Churches* Pio Pao Pio No Clinics C N C29 C29 Colleges* C C29 C29 C29 Elementary Schools* C C29 C29 C29 Governmental Buildings C C29 C29 C29 High Schools* C C29 C29 C29 Hospitals* C N N N Libraries* C N C29 C29 Museums C N C29 C29 Parks & Recreation C C29 C29 C29 Assisted Living C C C C Mental Health Trust Recommended Changes Page 2 of 3 New text underlined; [DELETED TEXT BRACKETED] Draft August 16, 2011 LAND USES Current ORD. 2546-2011 P&ZC Resolution Mental Health Rec. C Thrust anges to P&Z Version Work Column MISCELLANEOUS Animal Boarding 13 C C N C C C Bed and Breakfasts Cabin Rentals C C N [C] N Cemeteries C C N [CI N Crematories/Funeral Homes N N N N Day Care Centers 12 C C29 C29 09 Dormitories/Boarding Houses C N C N Essential Services P N P P Farming/General Agriculture*** N N N N Greenhouse/Tree Nurseries 13 C N N [N] C29 Gunsmithing, Printing, Taxidermy C N C N Assemblies 15 (Large: Circuses, Fairs, Etc.) C N N N Fraternal Organizations/Private Clubs/Social Halls and Union Halls C N N N Nursing, Convalescent or Rest Homes C N N N Parking, Off-Street P 09 C29 [CM N Parking, Public Lots 12 C N N N Personal Services C N C29 09 Communication Towers & Antenna(s), Radio/TV Transmitters/Cell Sites** 28 C N N N Recreational Vehicle Parks C N Subsurface Extraction of Natural Resources 15 C N C C Surface Extraction of Natural Resources 17 C N N N Mental Health Trust Recommended Changes Page 3 of 3 New text underlined; [DELETED TEXT BRACKETED] Draft August 16, 2011 AUGUST 17, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: REMOVE: A -2. Swearing in of Student Representative DEPUTY CITY CLERK ADD: D -9. Resolution No. 2011 -65 Designating the State ADMINISTRATION Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. ADD: None. A -5. Recognition of Dan Young DEPUTY CITY CLERK CONSENT AGENDA AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 17, 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) 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: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) 1 1 -a. Substitute 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 Zoning District 83 2. Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." (Clerk's Note: At its July 20, 2011 meeting, the City Council postponed Ordinance No. 2560 -2011 until the second meeting in August (August 17, 2011) at the request of Vice Mayor Boyle. The motion to adopt is active.) 105 3. Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 `Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. (Clerk's Note: At its June 15, 2011 meeting, the City Council amended Ordinance No. 2564 -2011 and subsequently postponed it until the second meeting in August (August 17, 2011) with direction for the Code Enforcement Officer, Planning and the City Manager to review the code enforcement aspect of it relative to real property.) 110 4. Ordinance No. 2575 -2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council 124 5. Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas 6. Resolution No. 2011 -63 -- Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled Main Street Reconstruction 2011 for the Total Amount of S 157,131.00 127 132 7. Resolution No. 2011 -64 -- Awarding a Contract for Engineering Services for the Project Entitled Kenai Municipal Airport Master Plan 2010 to Wince - Corthell -Bryson for the Total Amount of $483,715.00 134 8. *Liquor License Renewal -- Transfer of Ownership -- Upper Deck, LLC 137 ITEM E: MINUTES 1. *Regular Meeting of August 3, 2011 143 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified -- 2. Approval of Purchase Orders Exceeding $15,000 150 3. *Ordinance No. 2577 -2011 -- Increasing Estimated Revenues and Appropriations by S2,226 in the Airport Fund and by $89,053 in the Airport Improvement Capital Project Fund for Capital Improvements 152 4. Action /Approval - Utility Easement to Homer Electric Association, Inc. for an area of land embracing 69 square feet, more or less within a portion of Alaska State Land Survey ASLS No. 76 -118 according to plat number 79 -169 Kenai Recording District situated in the SE '/a Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska, City of Kenai 156 5. Discussion -- Set Special Meeting /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 Administration: CINGSA -- Mineral Rights, Easements and Pore Space ITEM 11: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 163 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 166 6. Planning & Zoning Commission 168 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 1 -a. Unsolicited Offer to Purchase City Property -- Millennium Square 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 -- None Scheduled. 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.) 178 ITEM M: ADJOURNMENT ******************************************************** * *** * * * * * * * * * * * * * * * * * * * * * * * * * ** *tom* INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 17, 2011 Page No. 1. 8/17/2011 Purchase Orders Between $2,500 and $15,000 for council review.... 202 2. Budget Transfer in Capital Projects in excess of $ 5,000 -- 3. Memorandum to Council Regarding Records Destruction 204 4. Begich Congratulations Letter 205 5. Parnell Congratulations Letter 206 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 Ws 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- zon.ed from Rural Residential (RR) and Suburban Residential (RS) Zoning Districts to the RR -1 Zoning District, and the City of Kenai re -zoned the MAPS Area to the RR -1 Zoning District; and, WHEREAS, in 1986, the residents of the Three W's Subdivision desired to have the Three Ws Subdivision re- zoned from Rural Residential (RR) Zoning District to the RR- 1 Zoning District, and the City of Kenai re -zoned the Three W's Subdivision to the RR- 1 Zoning District; and, WHEREAS, historically, residents of these areas in the RR -1 Zoning District have been actively engaged in zoning issues and processes affecting their neighborhoods, expressing their desire to maintain the development of their neighborhoods as low density residential development that creates a stable and attractive residential environment; and, WHEREAS, residents of these areas in the RR -1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are pe,uritted 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 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 malting 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 "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.01.0: 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. 2 PAT PORTER, MAYOR Ordinance No. 2546 -2011 Page 3 of 3 ATTEST: Carol L. Freas, City Clerk 3 Introduced: April 6, 2011 Adopted: Effective: 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use 5 = Secondary Use N = Not Permitted NOTE: Reference footnotes on followir additional restrictions pages for New Text Under Page 1 of 5 di (DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 4 Attachment A ZONING DISTRICTS RESIDENTIAL LAND USES C RR RR1 RS RS I RS2 CC CG IL 111 TS 1I L.0 CMtJ One Family 1hveIling C" P P P I ' � S' s= C" P P P S' /C' Two/Three Family Dwelling C'a P P P P P P P" Si C 0 C" 1' P P Sl/C" Four 8tnnily Dwelling v• Six Family Dwelling C "' C'" P ® P 0' N P N N N P N P P" P=' S' 0 i 0 C'' N P O S' /C" 0 0 N P C S'C" Seven or More Family or Dwelling C'" C 111 P S' C C N N C S' /O" Townhouses' Mobile Home Parks" Planned Unit Residential Development' C'" Waillailinall 0 [C] NJ 0 ®® ®® C ® C C C NEI C ® 0 N C C C N C C N C C C N C C C COMMERCIAL 1 LAND USES Automotive Sales Automotive Service Stations Banks Business/Consumer Services 0 RR RRI RS RS1 RS2 RU 00 CO ICI N N N P P mi N 0 [C] N N C ral IMIEMBIEWIMIIMMEM P M P P I i P P 0 ED R TSIi LC Cvlti Nt IIS N N N 0 N 4 P N N P 0 0 P 0 C 0 P Guide Service Hotels /MorcJs ® N Ilaraffi® N N! 0 C C P P P P P P .. P P P i P N P P I 0 P C ld 0 P c P C N P P! C P Professional Offices Restaurants WE ® C N's C Cs —' [C] N [C1 NN C N N P C. lialla P P P C N C P 1 P C 0 ` 0 P P C N N Retail Business 0 N N C P P 1' P S" S" 0 i C P Wholesale Business N. C [C] N 0 N N 0 0 P P P N S" 0 0 N 'iheaters/Commereial Recreation N 0 [0] N C N N C P P 0 0 N P 0 I C P New Text Under Page 1 of 5 di (DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 4 Attachment A KEN: P= Principal Permitted Use C= Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS CNDUSTRIAL 1 I LAND USES I C . RR RRl RS RS I E L S 2 RU CC CG Il., 717 EII R TS H E LC . CMII Airports and Related Uses ' P'° C [C1 N 1 C N N I C I P P I P P I N C N N 1 C Automotive Repair N I C [0] N C{ ti N C F' P 1 P P N N N N P Gas Manufacturer/Storage N N [C] 1N 0 N N N N N 0° C° 1 N N N N N ManufacturinglFahricating/ Assembly N C [C] N C N N C C I P P P N i C I C N, C Mini - Storage Fat;iI it, N C [CjN C N 1 N C C P P P 1 N N N) C C Storage Yard N C ((,:1 N C 1 N N C C P I P P N 1 N N I N 0 Warehouses N 0 [C] N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRi RS RSI 1252 12F CC 00 i R. [I{ ' ED R TSIi L<: C;Mii Charitable Institutions 0 C [C] N 0 0 C P P P P P P C P 0 P Churches* C. Pm P10 P "' p"' P"' Y'0 pro I 131 0 1 0 1 C Y P'0 P P P Clinics C C [CJ N C 0 C C P I � P C C C 0 I P I P Colleges* C: 0 C- 0 C 0 C'. P P 1 C. C P C C 1 c 1 P !Elementary Schools" C 0 C=2 0 i 0 0 0 P P l C 0 P C 0 1 0 1 P ©ovemmental Buildings C C C C 1 C C I e P P I P I C 1 P C C P P High Schools* C C C I ' s C C C C P P C( C 1 P I C I C 0 C C 0 C 0 P P Hospitals* C C 01N 0 C C C P P j P Libraries "' f. C: [GIN 0 0 0 C "' P P P C i P 0 P 0 P Museums 0 C [01N 0 0 C 0 P P P 1 C I P I C P C I P Parks and Recreation P C Cat C C C 0 P P P P I P P P <: 1 P Assisted Living C: C. C 0 C C C C 0 C 1 C i 0 0 C C 1 0 MISCELLANEOUS 1 LAND USES C RR RRI RS 1(551 1(52 RI Cc: CG IL IB ED R TSH ( LC 1 CMU Animal Boarding° 0 0 [Cj N C ( C N N 0 0100 N C N C l 0 Bed and Breakfasts C C C C 1 C 0 C C C l C I C N C C 1 C I P Cabin Rentals C C C C N N N P P I P C N P P C 1 P Cemeteries C 0 0 0 N N N N 0 0 0 N 0 0 1 N 1 Crematories /Funeral Homes N C N C N N C C C 1 C C N C C I C C Day Care Centers' 0 C CD 0 1 c 0 C P P 1 P 1 C 0 C C P I P Dormitories /Boarding Houses 0 C [C] N C C � C Y P" 5 (' P P'" 0 C j C i P Essential Services P P [Pi N P' Y P P P 1' P 1 P P P P i P 1 P Farming/General Agriculture' P P N N 1 N N N N N N P N P N I N I N Greenhouses /Tree Nurseries3' C C [CJ N C j C I C 0 P P P} C N 0 C I C,: P Page 2 of 5 New Text Underlined [DELETED TEXT' BRACKE'PEDi Ordinance No. 2546 -2011 Attachment A 5 LAND USE TABLE KEY: P=Principal Permitted Use C = Conditional Use 5 = Secondary Use N = Not Permitted NOTE: Reference Cuomo tcs on ibllowing pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS I I 1 LANU USES C RR RR I RS RS I I RS2 ( RU (:C CG IL I[l ED R I TSB LG i CP,tU Gunamithing, Printing, Taxidermy N C [C] tN C C 0 C 1> P" P P" P P'r P i Pin' N -Pis C C. P P P P N pu Assemblies 16 (Large: Circuses, Fairs, Etc.) C C (C] N C C C 0 maternal Organizations) Private Clubs /Social Halls and Union Halls N 0 [C] N C C C C P P P 0 19 0 P 0 I P Nursing, Convalescent or Rest Homes N 0 [C] N C C C j C I 0 P 00 i C 0 CC P Parking, Off- Street P 0 �.t [P] C' r' 0 P P l P P P P I P P P I P Ph P Parking. Public Lots" C C ICJ N C C C C C. 0 C0 0 C C 0] 0 Personal Sernices1D 0 C (C]N C C ) C C 0 0 0 0 0 0 -P P/ C" Comrnunioations Towers ai Antenna(s), Radio /TV Transmitters/Cell Sites ** t 1> C [C] N C C C: C P P P 0 C 0 C C li.ccreafional Vehicle Parks C 0 [01N C M I N C C C 0 l 0 N CC N C Subsurface exuvetion of Naturtil Resources"' C , C [C'] N C C C 0 C C C C N C N N ; N Surface Extraction of Natural Resources "'I C C [C] N( C N, N C N C O C N C N N] N See 42 USCA Sec 2000ec (Religious Land Use and Institutionalized Persons Act of 2000) See 42 Telecommunications Act of 1996, Sec. 704 a) * ** See, however, the limitations imposed under KMC 3.10070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector sheets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single - family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in. the RS zone; b. The site square footage in area must he approved by the Commission; c. Yards around the site, off - street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in hannony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f: The buildings shall he used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall he provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not he adversely affected. 'l. See "Townhouses" section. Page 3 of 5 New Text Underlined; (DELETED TEXT BRACKETED[ Ordinance No. 2546-2011 Attachment A 6 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site roy the residential character of the neighborhood. 9. 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 property line_ I I. Allowed as a conditional use, provided that no pail of any building is located nearer than thirty (30) feet to any adjoining street or property fine and provided further that the proposed. location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off - street parking for the use are located to prevent traffic hazards on public streets. 13, Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be 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 street's. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section„ 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. will not dent 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 movementareas-, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU /TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone, 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business)_ 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Page 4 of 5 New Text Underlined. [DELETED TEXT BRAC'KETEDI Ordinance No. 2546 -2011 Attachment A 7 Limited Commercial Zone 1 Personal Stevie es Permitted(P) C onditional awl()) Art Studios 1 I X Barbers X Beauticians X Dressmakers X Dry Cleaners j X SelfService Laundries X Fitness Centers X Nftusagc Therapist X Photographic Studios X Tailors X 1 Tanning Salons X I Tattoo Parlors j i X Page 4 of 5 New Text Underlined. [DELETED TEXT BRAC'KETEDI Ordinance No. 2546 -2011 Attachment A 7 Personal services not set forth in the above matrix are conditional uses 2a. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KM.0 14.20255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Hiahway. The access to any such parcel must he either from (al driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated riaht- of -wav and that driveway access is not more than 275 feet as measured from the centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawina/survev of the parcel. Page 5 of 5 New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2546 -2011 Attachment A 8 the of of KENAI, ALASKA MEMO Village with a Past, C(y with a Festive' 'IJ11.' 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 ND UM TO: FROM: DATE: SUBJECT: Mayor Porter, Vice Mayor Boyle, Council Members Bookey, Gabriel, Council Member Molloy 03/30/11 Ordinance No. 2546 -2011 oore Introduction: Ordinance No. 2546 -2011 proposes to make changes to the Land Use Table in KMC 14.22.010 applicable only to the RR -1 Zoning District. It is the product of the effort and process of two neigborhoods that made best efforts to engage all residents of the RR -1 Zoning District. There are only two land areas in the City of Kenai that are zoned Rural Residential RR -1 and that would be affected by this ordinance: the Three W's Subdivision and the area generally known as the "MAPS" Area. A map entitled "RR -1 Zones" is attached. It shows the location of both of these RR -1 land areas. The proposal eliminates many uses in the RR -1 Zoning District that are currently allowed only under a conditional use permit (CUP), changing those uses from "conditional" to "not permitted." Importantly, certain conditional uses would remain where a property is located along the Kenai Spur Highway within the RR -1 Zone, including Professional Offices. So, for example, the owner of the parcel with frontage on the Kenai Spur Highway, with the CUP for professional offices, can continue to go forward with the development of the parcel for the dental practice under the amended Land Use Table. The proposed changes to the Land Use Table are set out in Attachment A to this ordinance, Because legislative format in Attachment A may be confusing, an additional comparison table is attached to this memo for review, and to aid public comment and discussion. In addition, a summary of the proposed "permitted" and "conditional uses" is provided below. - 1 - Memo 3/30/2011 9 Action Requested of Council at 4/06/11 Council Meeting: -- Introduce Ordinance 2546 -2011; and -- Postpone the Council's further action on the ordinance until May 18, 2011 for the Planning & Zoning Commission to conduct a public process about the proposed ordinance, including a work session and a public hearing, and to make recommendations to Council. (The Council would hold its public hearing on the ordinance at its May 18, 2011 meeting). Proposed Timeline for Public Process: I propose the following timeline for the review and consideration of this ordinance. This timeline was developed after consultations with Administration. The City Manager and the Planning Department generally concurred that, given other business before the Planning & Zoning Commission, this is a workable timeline that should provide opportunity for review by the Commission, including, a work session and a public hearing. April 6, 2011 City Council inhoduction 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 Hearin '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 "RR1 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 10 are not a part of Three W's Subdivision. Those two (2) parcels are zoned limited commercial and are not affected by Ordinance 2546 -2011. In 1986, the residents of the Three W's Subdivision desired to have the Three W's Subdivision re -zoned from RR Zone to the RR -1 Zoning District. The residents initiated the rezone process by filing a rezone petition. I have attached copies of City records from the May 14, 1986 meeting of the Planning & Zoning Commission and the June 4, 1986 City Council meeting. These records show the rationales for why the residents requested the rezoning of their subdivision to the RR -1 Zoning District. The City Council agreed; and through Ordinance No. 1141 -86, the City Council re -zoned the Three W's Subdivision in 1986 to the RR -1 Zoning District. MAPS Area: Two maps entitled "RR1 Zone - MAPS Area" are attached, to give a closer view of the MAPS Area. Access is from the Kenai Spur Highway via several streets. In 1985, the residents of the MAPS Area desired to have the MAPS Area re -zoned from Rural Residential (RR) and Suburban Residential (RS) Zones to the RR -1 Zoning District. The residents initiated the rezone process by filing a rezone petition. I have attached copies of City records from this process including the minutes of the April 10, 1985 meeting of the Planning & Zoning Commission and the minutes of the May 1, 1985 City Council meeting. These records show the rationales for why the residents requested the rezoning of the MAPS Area to the RR -1 Zoning District. The City Council agreed; and through Ordinance No. 1036 -85, the City Council re -zoned the MAPS Area in 1985 to the RR -1 Zoning District. More recently, in 2009, the City Council rezoned several parcels in the MAPS Area that abut the Kenai Spur Highway to Limited Commercial Zone by Ordinance No. 2393- 2009. The MAPS Area residents opposed that rezone action, and the rezone action was overturned by referendum on Proposition A in the October, 2009 municipal election, which vote repealed Ordinance No. 2393 -2009. Both before and after the October, 2009 election, MAPS Area residents have attempted to engage collaboratively with the City to address their concerns about zoning issues. The residents' efforts have included the development of their proposed MAPS Special Zoning District, discussions with Planning & Zoning Commissioners, and the several meetings that MAPS residents had with the City Administration regarding their proposed Special Zoning District. The idea of amending the Land Use Table, instead of creating the Special Zoning District, is one idea that 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 11 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 -I Zoning District Under Amendments: Permitted Uses: One Family Dwelling o /Three Family Dwelling P 1 Churches* Pao Conditional Uses: Four Family Dwelling C a, 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 Day Care Centers C 29 Parking, Off - Street C 29 These concerns were also expressed by the public in the Campanella appeal (VIP Subdivision). - 4 - Memo 3/30/2011 12 New " c 29;" Footnote 29: Regarding the proposed Conditional Uses, proposed footnote 29 would establish that: 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel. Since the Three W's Subdivision does not have any parcels that abut the Kenai Spur Highway, in practice, the proposed footnote 29 would affect only the MAPS Area. It is my understanding that the Alaska Department of Transportation and Public Facilities does not plan to approve more Kenai Spur Highway access for any development, commercial or otherwise, along the corridor of the Kenai Spur Highway. This means that the State DOT is unlikely to approve any more rights -of -way or driveway entrances that would intersect the Kenai Spur Highway. All new ingress and egress for any and all commercial enterprises that may locate in the area, with the exception of one approved - but- not - constructed access point, must be through already - existing streets. This means all access for commercial businesses located in this area would be through the MAPS Area's streets of Princess, Cinderella, McCollum, and Magic. The one approved highway access point that is not yet constructed is for the owner of the property where River City Dental plans to locate. The purpose of proposed footnote 29 is to attempt to reduce the potential for heavy traffic where the majority of homes are located by limiting the driveway access (ingress and egress) of traffic generated by the conditional uses to either (1) directly to and from the Kenai Spur Highway, or (2) to and from the side streets, with the driveway access being not more than 275 feet as measured from the centerline of the Kenai Spur Highway to the center of the driveway access on the side street. Active Conditional Use Permits: I have attached a list titled "Active Conditional Use Permits." This list shows all active CUPs within of the City of Kenai (all zoning districts). It is accurate as of February 14, 2011. I have also attached a list titled "Conditional Use Permits in the RR1 Zone," which lists the active CUP in the RR -1 Zoning District of the City of Kenai as of February 14, 2011. This CUP is also included in the first list. The only CUP that is currently active in the RR -1 Zone is the CUP issued for River City Dental's Professional Office. As indicated above, this property already has approved driveway access on the Kenai Spur Highway. - 5 - Memo 3/30/2011 13 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 14 RR1 Zones February 14,2011 15 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 i Search • Ordinance List • CodeAlert - Recently Passed Ordinances Links: • Kenai, Alaska - Home Page Contact: Kenai City Clerk: (907) 283 -7535, Ext. 231 Published by: Quality Code Publishing Seattle, WA 1- 800 - 328 -4348 Kenai Municipal :ode, Title 14 PLANNING AND ZONING Chapter 14,20 KENAI ZONING CODP 24.20.050 Rural Residential Zones (RR, RR -1. Zones). (a) Intent: The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Principal Permitted Uses: As allowed in Land Use Table. (b) (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. (Ords. 925, 1009) 16 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 REST ENTI L One Family Dwelling P Two /Three Family Dwelling P Four Family Dwelling C3 03;22,29 Five /Six Family Dwelling N Seven or More Family Dwelling N N Townhouses 4 C C3, C29 Mobile Home Parks 6 C N Planned Unit Residential Development 7 C C29 MERCiAL Automotive Sales C N Automotive Service Stations C Banks C 14 Business /Consumer Services C N Guide Services C N Hotels /Motels C N Lodge C N Professional Offices C C29 Restaurants C N Retail Business C Wholesale Business C N Theatres /Commercial Recreation C N tNDUSTRRIAL Airports & Related Uses C Automotive Repair C N Gas Manufacturing /Storage C N Manufacturing /Fabricating/ Assembly C N Mini- Storage Facility C N Storage Yard C N Warehouses C N 17 Ordinance No. 2546 -201.1 Comparison of Current Land Use Table to Proposed Amended Table for RR -1 LAND USES Cu -rent Amended Charitable Institutions Churches* Clinics Colleges` entary Schools` Govemmental Buildings High Schools* Hospitals* Libraries* Museums Parks & Recreation Assisted Living ltltt,SC L AN: ouS N Pio N C29 C29 C29 C29 N 029 C Animal Boarding 13 Bed & Breakfasts Cabin Rentals Cemeteries Crematories/Funeral Homes Day Care Centers 12 Dormitories /Boarding Houses Essential Services Farming /General Agriculture * ** Greenhouse/Tree Nurseries 13 Gunsmithing, Printing, Taxidermy Assemblies 13 (Large Circuses, Fairs, etc.) N C C c N C C P N C C N C29 N N Fraternal Organizations[Private Clubs /Social Halls & Union Halls C N Nursing, Convalescent or Rest Homes N Parking, Off- Street P 029 Parking, Public Lots 12 c N Personal Services C N Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites** 28 C N Recreational Vehicle Parks C N Subsurface Extraction of Natural Resources 16 C N Surface Extraction of Natura! Resources 17 C N 18 THREE W'S SUBDIVISION 19 RR1 Zone - 3 Subdivision February 14, 2011 20 RR1 Zone - 3 W Subdivision February 14, 2011 21 KENAI PLANNING & ZONING COMMISSION May 14, 1986 - 7;00 p.m, Kenai City Hall Lee Lewis, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD a, Tammy Miller - Buffer Zones and Conditional Use Permits PUBLIC HEARINGS a. Testimony; Ciosing Municipal Perk & Cunningham Park to Overnight Camping b. Resolution PZ66 -18: Rezone Entire 3W's S/0 to Rural Residential One (RR -1) 5. APPROVAL OF MINUTES of April 9, and April 23, 1966 6. OLD BUSINESS 7. NEW. BUSINESS a. Leese Review:, Lct 6, B1k I, Gusty S/D - Change in Use Roberts b. Preliminary Plat P286 -19; Jahrig 5/D t. Preliminary Plat PZ86 -20; Misty Haven 5/D #2 8. PLANNING 9. REPORTS a. b. c. City Council Borough Planning City Administration 22 PLANNING COMMISSION May 14, 1986 Page 3 hasn't look this good all year. Commissioner Zubeck stated that he felt neither Beaver Creek nor Cunningham Park are really adequate for camping at ell, Cunningham Park is so crowded during the summer you can't walk through it or drive through it. I'm sure there are campers there who stay for weeks, Commissioner Smalley stated that the earliest boats are usually on the river about 5 AM and most are back off the river around 11 PM to midnight. 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 es it has been upgraded and improved, with strict enforcement of the 72 hours rule, seconded by Commissioner Carignan. Commissioner Smalley etated 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 parka during the summer months similar to the concession basis, 'seconded by Commissioner Bryson. VOTE: Motion passed unanimously b, Resolution PZB6 -18: Rezone Entire 3W'a S/D to Rural Residential One (RR -1) Chairman Lewis opened the issue for public hearing. Bob Gerstlauer, 535 Shane Crt. The residents desire to prohibit 4-plazas, Our covenants restrict the subdivision to single family only, however, we have found that the City does not enforce covenants therefore we could have the covenants but still have the 4- plexes. We would like to have the subdivision restricted to single family homes only, however, we understand that there is no zoning for single family homes so we are requesting the RR -1. 23 PLANNING COMMISSION May 14, 1906 Page 4 Doug Emery, 570 Rance Crte Mr. Emery stated that 100% of the property owners in Three W's S/D are requesting the rezoning. The residents would like the rezoning to go along with the covenants, but the city has no such zone for single Families. Mr. Emery went on to quote DEC regulations concern lot size end water & septic systems. MOTION: VOTE: Commissioner Bryson moved approval of PZ56 -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, Blk 1, Gusty S/D - Change in Use - Roberts Administrative Assistant Gerstlauer explained that it was observed that the plans that had been approved for a sandwich shop had turned into a video rental store, Upon contacting Den Roberts it was explained that this was not in conformance with his lease, therefore the letter requesting a change in lease. His lease presently states it is for a restaurant. 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 yes. Administrative Assistant Gerstlauer suggested that instead of being so restrictive, the Commission might consider making it a retail establishment. 24 Roll Call PLANNING & ZONING COMMISSION Chairman Lee Lewis Ca hard rign Bob Olesbn Ozzie Osborne IMENSISTMSTM EIMIMEMISINNOMMIMMI al Smalley 'O DO 25 CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. P2 d'6,- /f A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF ' KENAI RECOMMENDING (APPROVAL) (DENIAL) OF THE EQUESTED (RE %ONING) NOD ML IMO.. U "' 0 ) SUBMITTED BY .0,4,r licant) (App �GG FOR C /J7LIf'e Jerja O/) see A.44/71 4) (legal description) WHEREAS, the Commission finds the following: '1, The subject property is currently zoned.e.40--/ 2. The present land use pla designation o the subject property is rnodiu�r, nr21hf> Ie�ca7/02 051 3. The proposed, (L`ONING DISTRICI) (,,, /'_ °_ Far the affected property is &inl /�Pg,drn 4*91 -(1.0,47 4. An appropriate public hearing as required has been conducted by the Commission on ..,/,,a/49.4 5. That the following additional facts have been found to exist; . NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned (REZONING) (LAND tSC MAN - MfEN8144 ) is hereby <RECOMMMENDED) (NOT RECOMMENDED) to the Kenai City Council. PASSED by the Adyisory Planning & Zoning Commission of the City of Kenai, Alaska, this /V,Kif day of 19 _F > 26 APENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 4p 1986 - 7a00 PM WORK SESSION - 6845 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Convent Agenda * All items listed with an eateriak (e) ere considered to be routine and non - controversial by the Council and will be approved by one motion. There will be no separate dieoeesion of thee) itsme undese a Council member so requoetep in which case the item will be removed from the Consent Agenda and considered in its normal eaquenoe on the agenda se pert of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Clarence Ladd - Beautification of City 2. Marc Zimmerman - Kenai Peninsula Photo Ade - Airport Terminal PUBLIC HEARINGS 1. Ord. 1128 -86 Valhalla S/D 2, Ord. 1130 -86 Line -s. 000 1131.86 4. Ord, 1132 -06 3, Ord. 1133 -B6 Zone 6. Ord, 1138 -86 7, Ord. 1139 -06 80 Ord. 1140 -86 $600 9. 10. 11, 12. 13. 14. 45. Ord, 1141- 6 Ord, 114246 $27,770. Ord. 1143 -86 Ties - $7,200 Rea. 86.52 - FY 86.87 Rea. 86 -33 - Inlet View Dr Roe. 96.54 - Lilee - Can't Res, 86.55 Pt. - 114,135 - Amend Zoning Mop - Thompson Park S/D and - Amend Kenai Municipal Code - Zero Lot - Amend Kenai Municipal Code - Townhouse - Amend Kenai Municipal Code - Site Plena - Amend Kenai Municipal Code - Towneite - Adopt Annual Budget - FY B6 -87 - increasing Rev /Appne - Library - $1,300 - increasing Rev /Appne - Senior peg Care - - Amend Zoning Map - 3.11Vo S/0 - Increasing R0v /Appne - H.A.S. ?repot - - Increeeing Rev /Appne - Purchase Railroad Fining Rate of Levy of Property Tex Award Contract - Construction - Cook of Lilac - Doyle Cutlet. - $431,69640 Transfer of Funds - Cook Inlet Vtaw De.o ruction - $11,697 Irene ?, of Funds - Lake, Marine, Granite 27 KENAI CITY COUNCIL 3UNE 4, 1986 Page 7 C -9 Ord, 1141 -86 - Amend Zoning Nap - 3 -M's 8/0 NOTION: Councilwoman Bailie moved, seconded by Councilwoman Mentor, to adopt the ordinance, PUBLIC COMMENT, Bob geretiauer, 535 Shane Ct., Kenai. He want® to amend to conform with the oovanante. They would like to restrict 4- plexee and retain a quality subdivision. Motion pawed by unanimous consent, C -10 Ord. 1142 -86 - Increes. flev /Appna - H.A.S. Project - $27,770 MOTION, Councilman Hall moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. Notion pesaed unanimously by roll oall vote. C -11 Ord, 1143 -86 - Inorese. Rev /Appna - Purchase Railroad Tice. 82,200 MOTION; Councilwomen Bailie moved, eaounded by Councilman Measles, td adopt the ordinance. There was no public comment Notion paaaad unanimously by roll cell vote. C -12 Res. 86 -52 - Fixing Rate of Levy of Property Tau - FY 86.87 MOTION, Councilman beealeo moved, seconded by Ceunoliwoman Sailio, to adopt the resolution. There wee no public comment. Notion passed by unanimoue consent, C »13 Dre, Lilac - Award e Contract 8431,696.301on - Cook inlet View NOTION, Councilor's' Neaslem moved. veeondod by Councilwoman O'ills, to adopt the reaolutione There awe no public comment 28 I 1 0 ed bye Planning 6 Zoning Commioeion CITY OF MENAI NO. 114146 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA MENDING 1HE /044 OFFICIAL KENAI ZONING NAP BY REZONING THE ENTIRE THREE-N'S BUUDQDDIVISION FROM RURAL RESIDENTIAL (RR) DISTRICT 10 RURAL RESIDENTIAL ONE (RR -&) DISTRICT. WHEREAS, NKC 14.20.270 eatebliehea a procedure to amend the Official Zoning lisp of the City of Kenai, end WHEREAS, s rezoning petition bee been received by Robert end Dens 0eratleuer', repreeentstivee, besting the signatures or a maJority of the property owners within the designated arms to rezone the referenced tends e Exhibit i "A'9 free Rural Reeidentisl (RR) to Rural Reeidentisl One. NI hibt • L• AS, public Kenai Advisory on NPl 14, ini966Zoning Commieeyvicn has conducted the indicantngeg that result 000%of the equepsttt a RR -1 designation, t which Offload Zoning Nap to Rural recommends approval (RR -2) District. NON, to the NOW THEREFORE, OE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, is follows; c_ =.a Subject property oeneiating of the Lands depicted in Exhibiwy ore hece y reamed to Rural Residential (RR-t) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA'thie 8th day of love, 1986, ATTESTe E Nha n, Ciiy' Clee First Readings Nay 21, 1986 Second Readings Suns 4, 1986 Effective Oates 3uly 4, 1906 29 AITi #' asit at -saga ) rata stua R.a'aJ' fa s Irric ifhSI ::. pay eeumeeee HORNADAY 30 MAPS AR hA 31 RR1 Zone - MAPS Area February 14, 2011 32 RR Zone - APS Area February 14, 2011 33 KENAI PLANNING & ZONING COMMISSION April 10. 1985 Kenai City Hall Lee Lewis, Chairman Joint Planning Commission /Council kbrksessian - Old Towne Study - 6 :30 - 9: 00 PM AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3, PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZR5 -18: Landscaping Ordinance b. Resolution PZ85 -22: Conditional Use Permit - PURD - Pines 5/D - McClure (Preliminary Plat that accompanies is item 7 -a) c. Resolution PZ85 -26: Rezoning Lands Within the Cinderella /Princess/ McCollum Area to Rural Residential One .(RR -1,) District 5, APPROVAL OF MINUTES of March 27, 1985 Minutes will be available at the meeting 6. t3LD BUSINESS a. Lease Application: Lots 3&4,.Bik 2,. FBO 5/0 - Machine Shop /Offices Storage - Kline 7. NEW BUSINESS a. Preliminary Plat P185 -25: Silver Pines S/D (This item accompanies 4 -b) b. Resolution PZR5- : Amending_.Existing.Street Names Within City Limits PLANNING 34 PLANNING COMMISSION April 10, 1985 Page 6 VOTE: Motion failed unanimously with Commissioner Bryson abstaining. Jeff Labahn asked for specific finding of fact. Commissioner Smalley indicated his concerns were with item 1 & 3 as stated above. Commissioner Carignan disagreed with the comments that this is a medium density development, "I've seen Central Heights and how crowded that is and I think that this would have an effect on the general welfare, health, and safety of the area. As Commissioner Smalley indicated, at the time the PURD was developed, this was not the intent." Jeff Labahn reitterated to the public, . comments 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 Cinder McCollum Area to RR -1 alPrincessl Jeff Labahn indicated that the petition was received and is validated as to required number of registered signatures. Chairman Lewis opened the meeting to the public. Mr. Rick Baldwin, spokesman for the petition group came forward, and explained that the main purpose of the rezoning, is one of City water & sewer being proposed for the area. The residents being aware of the fact that with City utilities comes haphazard development of the type preceeding and the residents of the area wish to_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 alot of money off of it. I understand that the City Comprehensive Plan calls for such an area in the City,, one with larger lots so that, people can actually live close in to town without having to live on smaller lots. We are aware of some people who have property fronting on the highway that do not wish to be rezoned and that is fine, we would like to exempt them from the rezoning. 35 PLANNING COMMISSION April 10, 1985 Page 7 Mr. Howard Beck, property owner along. the Spur Highway, came forward and stated that he was against the rezoning,, however, with the exemption of his property by the other owners,, he is all in favor of it. Peter Hansen came forward, also a property owner along the Spur Highway,, stated that the property was purchased with the intent of putting a 4 plex or 2 duplexes on it, and is opposed to the rezoning, however, if his property is exempted, then he is in favor. Mr. Walt Ward, 708 Magic, is in favor because of the low density. Because of some of the comments that came up at the last public hearing, I think that you can see that what we are trying to do in this area will alleviate alot of that problem in the future. I have a 2.5 acre parcel which could be divided up into small lots if the profit motive was high,, however, with 2.5 acres I can still put 6 houses on it, make some profit and still have elbow room and a nice community. There being no further comments from the public, Chairman Lewis brought discussion back to the Commission. MOTION: Commissioner Carignan moved to adopt PZ85 -26, seconded by Commissioner Osborne. MOTION AMENDMENT: Commissioner Bryson moved to amend to delete those properties lying north of the Kenai Spur Highway, between McCollum Drive and Linwood Drive fronting on the Kenai Spur Highway as denoted in "Exhibit 8 ", seconded by Commissioner Smalley. VOTE AMENDMENT: Motion passed unanimously. VOTE MAIN MOTION : Motion passed unanimously. 5. APPROVAL OF MINUTES of March 27, 1985 Minutes were approved as submitted 6. OLD BUSINESS a. Lease Application: Lots 3 &4, Blk 2, FB0 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 36 Ro11 Cali 9 PLANNING d ZONING COMMISSION. Chairman ,Lee Lewis e x7 IMENDOMMIER MESE Richard Carrignen WM= MIMI MiNIVIIIIIMMEMIN IMMUMMIUMMIRMIMINI MU 1111111111111111111111 s\ ob Meson Ozzie Osborne Zubek TO DO 37 i CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ V a‘, A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING a "PRti J (DENIAL} OF THE REQUESTED (REZONING; (LAND USE PLAN AMENDMENT) SUBMITTED BY .xJ A `� /j (Appli• nt) / FOR - 'c��.�o, =�� •--0. ,1.n n_ (� lad.es r Pt, .n-i t, .._ �l �c �_c�v Y M`CIIV 5 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned / i- 4_ tad (? ?.) �tt CrLS 2. The present land use plan designation of the subject property is ; u —tom'aa l-�sC A- 1 3. The proposed COALING DISTRIC) (LAND USE PLAN DESIGNATION) for the affected property is i0_., CY_ 4. An appropriate public phearing as required has been conducted by the � Commission an /�,"; '� /0 /45S- 5. That the following additional facts have been found to exist: Gtitt% uiciusk } aF &4,54 % v NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned (LAND USE PLAN AMENDMENT) is hereby (RECOMMENDED) (NOT RECOMMENDED) to the Kenai City Council. PASSED by the Advisory Planning & Zoning Cnunission of the City of Kenai, Alaska, this /day of 19 8/84 38 Chairman / /7 7E/JDED EX// /6/7-" 3 PDF..,5 -C. ,'�,TEh: 39 PCP. ;:z 7C 40 KENAI CITY COUNCIL - REGULAR MEETING MAY IF 19850 7t00 PH 6:30 PH - Work Session PLEDGE OF ALLEGIANCE ROLL CALL 1. Agende Approval 2. Consent Agenda *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 an the agenda as part of the General Orders. 8. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) C. PUBLIC HEARINGS 1. Ord. 1036 -85 - Amending Zoning Hap - Cinderella, Princess, McCollum £a ;Bee uIo 0a. B - a..zea. ng on rtua: on o s., Assessment Distrlc 4. Res. 85 -4Z - Setting Percentage of Fair Market Value on Lease or City Lands 5. Resolution to Legislature Supporting Additional Staff at Wildwood 6. Application for New Liquor License - Pizza Napolitane OZ 7. Application for New Liquor License - One Stop, Boys Limited 8. Ras. 85 -43 - Awarding Contract - 8. HSghbueh, Bumblebee. E. Aliek, D. MINUTES Swim, Highball Rd. 1. *Regular Meeting, April 17, 1985 E. CORRESPONDENCE 1. *FAA - Transfer of Antenna Farm ' 2. *Welteru A Olson Ins. - Workmen's Comp. Adjustments 3. DEC - Application for Wastewater Disposal Permit - Fiehermen's Packing 4. *Chugach Natl. Forest - Additional Winter Recreation F seilitiee 5. *Dept. CORA - State Revenue Sharing Payments 6. Dept. Public Safety - Annual Highway Safety Plan 7. *San. Borkowski - Transfer of Antenna Farm 8. *Cone. of Mayors - Funding fora Municipal Assintence State Rev, Sharing School Funding 41 KENAI CITY COUNCIL MAY 1, 1985 Page 2 HOTIONs Councilman Resoles moved, seconded by Councilwoman Honker, to remove item C -2 from the agenda far tonight, Motion peened by unanimous consent. Council approved the agenda ae emended. A -2 Consent Agenda NOTIOW Councilman Wise moved, seconded by Councilmen Heasles, to approve the Consent Agenda as emended. Motion permed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO OE HEARD 6 -1 Doyle Propaes' to Develop Gravel Pit an City Lands Hr. Doyle wee not present. B -2 Plaque from Civic League Roger Meeks, Box 424, Kenai. Council had coked him to get en estimate for the plaque. The members of the Civic League offered to furnish labor and materials if the City would pay the difference between the coat and moneys, available. Mayor Wagoner asked that an ordinance be drafted for the difference Council agreed to the request. C. PUBLIC HEARINGS C -1 Ord, 1036 -85 - Amending Zoning Map - Cinderella, Princess, McCollum to RR -1 MOT1DNs Councilman Measles moved, seconded by Councilwoman Monger, to adopt the, ordinance, PUBLIC COMMENTS e. Rick Baldwin, Kenai. Last year, in connection with installation of o water & sewer district, reeidonte of the area attempted to re -zono the area for a low density residential section. An ordinance was introduced to allow re- zoning. A petition was submitted to the City and accepted, there hes been no opposition. He urged passage of the ordinance. b. Pastor Earl Moore, Grace Brethren Church. At P &Z mooting there were same lots along the highway exempt from the zoning change. The Church property was divided down the middle. He would like to make sure this was changed. He would like to odd the additional lot to the exemption. MOTION, Amendments Councilman Wine moved, seconded by Councilman Hell, that the portion of property owned by Crane Brethren Church be deleted from zoning and the sketch be amended. c, 3oAnn Burrell, McCollum Dr., Kenni. Their lot to listed ea Chetah property. Mayor Wagoner replied, this had boon oorrected. 42 KENAI CITY COUNCIL MAY 1, 1985 Page 3 VOTE, Amendment, Motion passed by unanimous oonaant. VOTE, Main Motion ea Amendedi Motion passed unanimously by roll call vote, -a, C-3 Res. 85-41 - Directing Continuation of Click, McCollum ✓� Asuaoament District MOTIOM& Councilman Besoles moved, seconded by Councilwoman Sallie, to adopt the resolution. PUBLIC COMMENTS a. SBAnn BazzeIl, McCollum Dr., Kenai. She was shocked. that 50% wan suggested. She contacted many peoples they were all agolnet Lt. Mayor Wegener explained it could be amended. Councilman Wise caked if they could come down the cut de sac instead of down Spur. Public Works Director Hermetic* explained, that is church property, the cut de sac does not have the right of way. MOTION, Amendment, Councilmen Wise moved, seconded by Councilwomen Hoofer, to amend the resolution to include the request of Beck, Bielefeld, & Heys (agenda item 6 -12). VOTE, Amendment, Motion passed by unanimous consent. b. Vests Leigh, Kenai. When they submitted the petition, they thought they were paying 25 %. She had a problem °Being the City give Si Million to a corporate entity and getting the little guy, There are some people who cannot afford 50 %, o. 3en Huf, Buckingham, Kenai. She is willing to pep 25%, but would not want it if at 50%. She would want peter, but not sewer. Mayor Wagoner noted she would be billed for water whether she had it or not. She replied oho is willing to pay it, but not at 50 %. d. Pester Earl Moure, 0raee Brethren Church. They have sower hook up and have a new well. They are not pushed for either one, but want to see their neighbors get it. They feel 56% in tan high. e. Mrs. Chester Cook, Ninilchik. They own a duplex off Hutto. They got no service from the City, they had hoped this would mean nervlcs from the City, but 50% is toe high. f. Karen Rogers, Kemal. They feel 50% assessment is unacceptable and would withdrew their petition at that rate, but they are willing to pay 25 %. g. Walt Ward, Magic St. they Save contacted most of the Council. When it Dame out, 20% sounded good. they have heard many reasons for the 50% amounts the money could go further, to urea if we want it badly enough to pay o fair share. They wore willing to pay COW, now he hears 25 %, is Council going up to 50 %? When was it 106 %1 Councilwomen Bettie said she paid 100% in a home in Wtldwood Manor and one In Central Heights. She 43 KEMA1 CITY COUNCIL MAY 1, 1585 Page 4 added, what got the City in trouble was the State giving us grants. Council was prudent to put in water & sewer and paving, but it is of necessity that we get beck to aaeasemente since the money is cut back, h. Colleen Ward, Magic St. The neighborhood came to the City in light of the work done ground them. They said they were willing to pay for improvements. They submitted a pion, the City approved it. than the City said they would expand the scope and ask for double the charge&. She knew they were a landmark case. But they cannot afford 50%, it could be as much as $400 more. They are a random group of people and are a prose section of what will happen in the future. If they cannot afford it, how can others? As long as the money is available, we should extend as much ee possible. The City can still do this with 25 %. if the City does 50 %, this will die. Since this to a new idea, the City ehouid do it gradually. Funds are still there. It may be a little while before they are not., We eon do 50% at a Later date. Councilwoman Bailie noted Cauneil la not out to get 50 %, they hed no one in mind. Do the people realize it will be over a 10 year period? Hrs. Ward replied yea, but some assessments are $150,000 to $200,000. By requiring hook -up, it would be $2,000 to $4,000 for 3 years. 1. Peggy Courtney, Kenai. 20% to 25% is better than 50 %. J. Rick Baldwin, Kenai. Thera ere many people at this meeting, none of them favor 50 %. Many people cannot pay that amount. This Le not the way it was told to them. Originally Council had money they wanted to use to upgrade the roods. The people name to Council and said there woo inadequate water 4 sewer, it would be unproductive to gravel, then come back and tear up for water & sewer. At that time it wee to be 100% funded by the City. He cams to Council and spoke against it. He felt if there was to be a 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. He asked Council not to pink en arbitrary number. Atty. Garnett made a presentation for water & sewer with 31 names on a petition. Councilman Wise had asked if they would go 20%. Garnett said he would chock and report to City Manager Brighton. in conjunction with the water & sewer project, they attempted to have re- zoning. This part wee settled tonight, The people have seized at the 20% figure all along. This is the first assessment district to come before Council in many yearn. if Council does not approve the lower percentage, the work will be for nothing. This will not net e precedent, the precedent is to give it away. They are not seking for policy, just to get water & sower Linea in the ground. he are not asking for the project as 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 across Magic. There are people there who oppose it. Ho suggested deleting Magic (the undeveloped portion). The 350 ft. of Princeso and the back main to the Chrysler would be nice but not oeoentiel. k. Rodger Schmidt, McCollum, Kenai. He has tried for 1a yearn to make the road passable. P 42 let this peso without approval. it looked like they might be able to get something from the City, but now it Looks like it may go down the drain. He would like it to ga. at 25 %. 44 KENAI CITY COUNCIL MAY 1, 1985 Page 5 1. Kathy Burton, McCollum, Kenai. 50% is too high. She is hacked up to sewer, but she stands with her neighbors with this. NOTION, Amendments Councilman Wise moved, seconded by Councilwomen Monfort to amend Section T, change 50% to 25%. VOTE, Amendments Motion passed unanimously by roll call vote. Public torte Director Kornelis explained, the portion of line on Princess could be taken off, The property owners have bcen notified and know they are included. On Magic St, there its a drainage problem, trees would have to be removed, it would need engineering. The Baron Pk. area could be deleted, it was added because it would be beneficial to the project. The linos ere small now, it would give them fire protection. Mayor Wagoner explained, he proposed the 5d.. They hove been trying to come up with a figure to make the money ea further. No one in the City should be entitled to free water & sewer and streets. VOTE, Main Motion as Amendads Motion passed unanlma" 1y by roll cell vote. C -4 Res. 05 -42 - Setting Percentage of Pair Market value on Lease of City Londe MOTION; Councilmen Ackerly moved, seconded by Councilmen Measles, to adopt the resolution. There wee no public comment. Motion passed by unanimous consent. C -5 Roe. 85 -45 - Resolution to Legislature Supporting Additional Staff at Wlldwood MOTION; Councilwoman Bailie moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Councilwomen Bailie explained, staffing is very critical. The Pro -Tre11 in redesigned, they are working with 4 -man shifts. There is a potential for 16 employees, 60 total, 0 6 -men shift. The Palmer ratio le about 1 to 16. The Advisory Council to sending a letter. A request had been sent for additional people, but funding wee cut. MOTION, Amendments Councilman Wise moved to add an additional clauses "WHEREAS, dt appears the security of the community in threatened." Motion failed for lack of a second. Councilmen Wise explained, the only justification is if asperity is threatened. Motion passed unanimously by roll call vote. 45 Soggeated by: Planning & Zoning CIIY OF KENAI ORDINANCE NO. 1036 -05 AN ORDINANCE OF THE COUNCIL OF INC 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, KNC 14.20.270 natabl.iahee a procedure to emend the Official Zoning Map of the City of Kenai, and WHEREAS, the rezoning petition hoe been received from C.R. Baldwin, bearing signatures of a majority of the property owners within the designated Cinderella /Prihcesa /MCCnilam area to 'ezone the referenced lends from Rural Residential (RR) and Suburban Reaidentiet (RS) Districts to Rural Residential One (RR -1i District, and WHEREAS, the Kenai Advisory Planning end Zoning Commission has conducted the required public hearing on April 10, 1985, and WHEREAS, the Commission emended and recommended approval of the rezoning petition in accordance with Resolution No, P285 -26. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Official Zoning Map of the City of Kenai shell be amended as follows: Section 1: Subject property consisting of those lands depicted in Exhibit 'A" are hereby rezoned to Rural Restdentiai One (RR -1) District. PASSED BY THE COUNCIL OF IHE CITY OF KENAI, ALASKA, this 1st day of May, 1985. ATTEST: rWhalen, City .First Reading: April 17, 1985 Second Readings May 1, 1985 Effective Date: June 1, 1985 46 4 .+4 47 9.8.10 P &Z Commission & 9.15.1.0 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 1 will be presenting on two separate, but related topics. 1. will be addressing the city's Land Use Tables and Mark will be speaking about Conditional Use Permits. Our presentations have a two -fold purpose. 1. First, it is to consider a process and ultimate outcome whereby the city as a whole could benefit through improved zoning processes and development. 2. Second and in combination with the overall city-wide benefit, the purpose of these presentation is to explore options that might also favorably advance some of those goals originally submitted in the "MAPS Special. Zoning District" petition. 1. RAPID FIRE HISTORIC RENDERING TO PROVIDE THE CONTEXT: • Handout of Land Use Table for RR1 Evolution and Potential Revisions By way of quick review the journey of zoning in Kenai has had some interesting turns and twists. • 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 and 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 1s` 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 1.985 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 RR1 — a more restrictive, larger lot zone, and 2) the right to have a say of how the neighborhood would be developed in the future. • 1995 — Chumlev applied to rezone a portion of RR1 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 1.997 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 thc 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 Chumley submitted an application for CUP to allow a "retail /wholesale business or business /consumer services" on Lot 6 & 7 of his subdivision. Ultimately the CUP was not granted. • 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 RR1 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. 48 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 original meeting with the P &Z regarding the MAPS Special Zoning District in spring of 2009, we have met with the administration on 3 different occasions, had one on one discussions with commissioners who expressed concerns and met with the neighborhood on multiple occasions to brainstorm ways to arrive at a mutually agreeable process that accomplishes those goals we originally set out to accomplish through the special zone. Through working with the city staff we have brainstormed ways to advance the goals of the "special zoning district" using other means. They have made us aware that one option to serve as a first step would be to revise the RRI Land Use Table. 3. FROM THIS BACKGROUND WE COME FORWARD WITH THE FOLLOWING RECOMMENDATIONS: 1. Proactively shift the tables intentionally revising them to be more aligned strategically with the comprehensive plan which in some cases will mean being more restrictive. In so doing we will . accomplish one of the platform purposes of planning defined in the Comprehensive Plan - "create a stable, predictable setting for future investment" (KCP, Page 15) 2. Utilize the ongoing comprehensive planning process and a well publicized public hearing process to engage property owners in establishing desirable zoning parameters that will support, not inhibit growth. Trust can be built and where needed restored if the owners in the different zoning bands participate in the process to refine their own land use tables. 3, Utilize RR1 as a guinea pig, the first zone to revamp. We are volunteering. o RRI 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: 1)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. 49 ACTIVE CONDITIONAL USE PF,RMITS AS OF 2 -14 -11 50 Active Conditional Use Permits 7/16/1975 7554 Extraction of Natural 2817 Beaver Loop Rd Resources 1/9/1985 8588 Bed & Breakfast 702 Lawton Dr. RS2 "—'' RR LJ 6/12/1985 8422 Extraction of Natural 1001 Angler Dr. RR Resources 11/9/1988 8809 B &B /Guide Service 909 5. 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 Resources 4/24/1996 9627 Primary School 105 N. Gill St. CG 6/12/1996 9642 Extraction of Natural 1857 Beaver Loop Rd. RR 'I Resources 12/11/1996 9673 Greenhouse /Retail 4806 Strawberry Rd. RR 1J' 5/14/1997 9713 Retail Flower Sales 5220 Strawberry Rd. RR iyi 7/23/1997 9738 Extraction of Natural 805 Gravel St. RR Resources 9/9/1998 9843 Cabin Rentals & Guide Service 1525 Angler Dr. RR u 2/24/1999 9905 Cabin Rentals /Lodging /Boat 1125 Angler Dr. RR Parking 4/14/1999 9912 Welding & Metal Forming 911 Ames Rd. RR L, Business Monday, February 14, 2011 51 Page 1 of 4 ��� sr.z.z.v.0 Ira� otik, �mmmmmw�or�mummn ������������� qm�mwn*mwmnm�x�p* �ma`n,m*mm�wm^�+*v°o��/�,. 6/23/1999 9924 Greenhouse/Gift & Coffee Shop 7/11/2001 200130 Guide Service 4/24/I802 200717 Extraction of Natural Resources 6/12/2002 I00228 RetaU/VVho|esa|e8usiness ,frekt *ISM: 202 N Forest Dr. RS 1325 Angler Dr. 3713 Beaver Loop Road RR � 9199 Kenai Spur Hwy. RS 6/12/2002 200229 Cabin Rentals & Guide Service 1005 Angler Dr. 6/12/2002 200230 Cabin Rentals/Hotel/Guide 1545 Angler Dr. Service 10/9/2002 200260 Transitional Living Office 403 N. Gill St, 5/14/2003 I00315 B&B/Guide Service 1555 Angler Dr 9/24/2083 200342 B&B/Lodge/Guide Service l535 Angler Dr. 10/22/2803 200343 Hotel/Motel/Restaurant/Bar/ 2101 Bowpicker Ln. Venduo/0akery/RVPark 1I/18/2003 200349 Daycare - Group Home 2730 VIP Dr. RR RR 10/13/2804 200441 Day Care Group Home 1511 Fathom Drive RS 42 1/12/2005 200503 Condos 2291 Bowpicker Ln |H 'L� 6/8/2005 200535 Extraction ufNatural 2369 Beaver Loop Rd RR ec Resourcesw/Storage 6/0/2005 200534 Recreational Vehicle Park 8lV Childs Ave. |H °{-11 12/14/2005 200564 Storage Yard 1755 Cone Ave. RR 'Ur: 4/12/2006 200626 Lodging and Guide Service 1035 Angler Dr RR [;f1 Monday, February 14 Z011 ' Page 2nf4 9/27/2006 200664 Cabin Rentals 10/11/2006 200665 Cabin Rentals 10/25/2006 200671 Commercial Kitchen 12/13/2006 200684 Hotel (Short -term Recreational Rentals) 12/13/2006 200685 Hotel, Guide Service & Boat Parking 2/28/2007 200710 Daycare 5/23/2007 200716 Residential Treatment Facility 7/25/2007 200735 Amend CUP from B &B /Guide Service to Lodge /Guide 12/12/2007 200762 Planned Unit Development 3/26/2008 200814 Guide Service adding Lodging 6/11/2008 200832 Lawn Care & Hydoseeding Business 9/10/2008 200849 Professional Office 10/22/2008 200853 Restaurant /Catering 12/10/2008 2/11/2009 3/25/2009 5/12/2010 200861 Coffee House 200905 Vocational Center 200915 Assisted Living Facili Senior Living 201012 Professional Office Monday, February 14, 2011 53 1045 Angler Drive 350 Ames Rd 601 Davidson St. 1230 Angler Drive 1105 Angler Drive 1228 Lilac Lane 320 5. Spruce St. 1505 Angler Dr. 1001 Angler Dr. 1135 Angler Dr. RR RR RS RR RR RS RS 4' RR i] RR RR 1902 & 1904 A!iak Dr. RS 211 Port lock St RS 510 Upland St. TSH 602 Petersen Way TSH 2880 Beaver Loop Rd. RR 750 Baleen Ave., Suite 1 RR 9520 Kenai Spur Highway RR1 [✓ Page 3 of 4 JJn„ { 6/23/2010 201019 Modification to PZ09 -45 1115 Angler Dr. Private Family RV Park 7/28/2010 201023 Mobile Food Vendor 4300 Eagle Rock Dr. RR 10/13/2010 201042 Well Pad 1430 Bridge Access Rd IN 10/13/2010 201041 Compressor Site 1377 Bridge Access Rd IH 10/27/2010 201043 Short term rentals 412 N, Forest Dr. RR RS 1/26/2011 201101 Gas Manufacturing /Storage 700 Marathon Rd. Split n Monday, February 14, 2011 54 Page 4 of 4 Conditional Use Per its In RR1 Zone 5/12/2010 201012 Professional Office Monday, February 14, 2011 55 9520 Kenai Spur Highway RRl 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 56 Carol Freas From: Gloria Wik [gwik©alaskanet] Sent: Tuesday, April 05, 2011 7:31 AM To: Mayor Porter; mboyle @alaska.com; bob @molioyforcouncil.corn; cpajoe @aitrogco,com; ryan @marquisforkenai.com; terry @bookeyforkenai.com; briangabriel @acsalaska.net; Carol Freas Subject: Support for Ordinance 2546 -2011 I would like to state that I am in support of Ordinance 2546 -2011 and would appreciate your support for this RR1 zone revision. This ordinance would preserve the area that I live in and continue to be a stable and predictable residential place for me. Carol please place my comments in the record for the meeting on April 6, 2011. Gloria Wik 707 Magic Ave Kenai, AK 99611 57 Carol Freas From: Fahnholz, Norman E [fahnone @chevron.coml 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 58 Carol Freas From: fahnholz @pobox.alaska.net Sent: Tuesday; April 05, 2011 1:20 PM To: Carol Freas Subject: Ordinance 2546 -2011 To: Carol Frees, 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 a'ea from incompatible land uses in the future, will support the intent of the original developers, and keep our residential character intact. Sincerely, Debby ) Fahnholz 565 Wortham St Kenai AK 9961.1 (907) 283-6440 1 59 April 26, 201.!. Marilyn Kehschall, AMP Planning &I Zoning Department City of Kenai 210 Fidaigo Avenue Kenai, AK. 99611 RE: Objectio 14,22.010 ire ti Dear Ms.Kerschull: via ems 46- 2011., !mend the Land Us €'a t The Trust Land Office (TLO) received your work session notice on. April 25, 201 1 concerning ire proposed City ot'`Kenai's Ordinance No. 2546 -2011, that would amend Title 14.22.010, making comprehensive changes to the Land Use Table in. th.e Rural Residential 1 (RR -7) Zoning Districi;. The 711) received notification (trot from the City of _Kenai but from a third party) on April. 25, 2011 and two days notice is simply insufficient notice for the TLO staff to attend the April 27, 2011 work session. The Trust owns parcels located in the RR -1 Zone, more specifically described as tlse l '%z SW1 SW 1/4 of Section.33, T. 6 N., R. 11 V✓., as d the 3E1/4 of Section 6, T. 5 N., R. 10 W'., all within the Seward Meridian. The TLO rdent:ifaes these lands as Parcels S101 -1024 (surface estai and 35011.3 (oil and gas estate only). The Kenai Peninsula l3orough identifies the Trust land as Parcels number 04501005 (SM -1024) in the MAPS area and the oil and. gas estate of the Three W's Subdivision (3501 13). After reviewing the available inforntatioan; the TLO strennous.iy ob Ordinance No. 2546- 2011.. T °his proposed Ordinance will severely resin possible use of the land, greatly depreciating the economic value of Trust: land. This ac damage the 1-LO mission of generating. revenue for our beneficiaries, The T C,0 also questions whether this proposed Ordinance compile with the guidelines of the City ofKenai's Comprehensive Pian, and if a planning process has been employed to determine that the impacts of the proposed. Ordinance will benefit the whole cotnm.unity of Kenai. The TL O has not had sufficient time to research and. review all the information and the impacts the proposed: Ordinance will cause on Trust land in the area. The TLO requests to be notified of any future meetings and be sent any new information regarding Ordinance 2546 - 2011. Alaska Mental Truss fik sk, ` ?9 >W MI: 907-M 60 07 -269 -0905 wwwn,kruf. Please send all notifications re arding at? iv let tal I eattia 're'tst'ands to: I Office 718 1.. �t�oa , Suite 202 Anchorage, AT 99501 The Trust Liu Office manages Alaska .entni l lealth Trust ;and to her beneficiaries in the state. Our mission inetudes maximizing revenue fro Trust is `sirn natrtl f iand uses on Trust land, in this ease, world restrict or diminish in and best use Of these if you have questions Anpoiioni at (90 i) 602 -7916 sh to Contact the TO t;lease call We sincerely appreciar',e your eon Executive Director 61 la tr Carol Freas From: Marilyn Kebschull Sent: Tuesday, April 25, 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 inciuded in iris ernail and the attached letter be provided to Council in reference to Ordinance. No. 2546- 2013_. Marilyn K. Kebschull, AICP Planning Administration tq of Kenai Fidcfgo Avenue Kenai, AK 99611 907- 283 -8235 KExm, 4tsica From: Appolloni, Victor E (DNR) fmailto :victor.apoolfoni©alaska.clovj Sent: Tuesday, April 26, 2011 3:44 PM To: Marilyn Kebschull Cc: glenda(aglendafeeken.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 Kenai'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 lette 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 n the ork session and on tl5e record. 1 62 \®yam ®�{/ p cF#'01 UNA!! ALASKA "ViIlaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter Vice Mayor Boyle Council Members Hockey, Gabriel, Marquis, Moore FROM: Council Member Molloy DATE: 05/12/11. SUBJECT: Ordinance No. 2546 -2011 Public Hearing 1992 At Council's April 6, 2011 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 council 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 Commissions 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 11, 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 63 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 be 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 5/18111 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 5/12/2011 Council Work Session 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 Hearing) Planning & Zoning Commission Work Session Planning & Zoning Commission Scheduled Public Hearing Planning & Zoning Commission recommendations to Council (in packet) 64 Buck to Council: August 17, 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, l respectfully request the Council's support of this action requested. - 3 - Memo 5/12/2011 65 KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 15 VOTE ON MAIN MOTION AS AMENDED: 'Student Representative Coffman: Yes Molloy Yes Boyle Yes Porter Yes Bookey rTes Moore No Gabriel Yes Marquis 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 ordinance to 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 Yes Boyle Gabriel Yes Yes Porter Bookey Yes Yes Moore Marquis 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. G -5. *Ordinance No. 2546- 2011 -- Increasing 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 far the Construction of a -44- 66 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 competition 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 Plan Collaborative Planning Session held on April 23, 2011 and, a draft ordinance regarding outdoor wood burning 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 th Mr. Schrag regarding the permitting process, but noted it was best to follow the procedure. Rogers, Koester, Remain, Twait -- No comments. Knackstedt -- Noted he attended the April 23, 2011 Comprehensive Plan Collaborative Planning Session and found it educational. CONVENED INTO WORK SESSION: 7:22 p.m. SACK TO ORDER: 7 -a. 9:36 p.m. 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- 67 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: Comsnissionner Romain 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 process 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 Koester NO Rogers NO Navarre NO Twat NO Bryson ABSENT Rornain NO MOTION FAILED. ITEM 14: MOTION: Commissioner Navarre MOVED to adjourn. and. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ADJOURNMENT 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- 68 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 Tab 8ct qk changes in the Rural Residential RR -1 Zoning District; and we urge the Kenai City Council to adopt this ordinance without de Date Print: Mailing Address and Name (print, sign) Residence Address (if different) v t vi;( Mail: 7O& Telephone / E - ma (Optional) S /I Print: Sign: Print: Sign: r Residence: _ Mali: 70g• MACOc 'JL k'E,vr. i Residency[ J f Vb}[ 007 aSS7H7 `ic, 30(j M,y\lct.rr,A Mall: : G, /36K 04/it Ke n aid Print: ckjn,i4Pl Sign: r Print. l.�u.v`�•r A Sign:l a Print: Residence: 33 UJ(.P.ilswaca_, %c ncii, Mail: p, I.Jas 3 �</ Kei ai, gqf 9O 7- ,c3 - r/- i `L Residence: Mail: Residence: 0 a ail: Sign: Print: Sign: Print: Sign: Print: Sign: Print: Sign: Residence: Mail: Residence: Mail: Residence: Mail: Residence: Mail: Residence: PETITION OF SUPPORT FOR IENAI ORDINANCE 2 -2011 `zo // We the undersigned, hereby support Kenai Ordinance 254.6' -200 1, 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. k A /CI V1 Print: Si Print: Sign: Print: U p u ( • Sign: ,, - - -� Gw Print: ' 1 5Cc_ Sign: Mail: Mailing Address and Telephone / E -mail Residence Address if different) 0; tlonal 7 8' CD Etna , ' .. 3 - 5'/O o /02- Z h-°-_ - .K 6'42 a (. Residence: Mail: (J25 Residence: Mail: 37y 75. Residence: /<L /- 4 /�sro e q✓ 4.t' Mail: Print: Sign: `[int 1 f e6.74),,A Mail: 34590 ` ?ofr It°'L^4 /�'� 93r6 i Sign: Residence: re Print: n iClcr �1af Mail: RGx: 3`�S Sign: Print Residence: Residence:„, C \Fes\ �__ lvlail: / /0 (Ql41)55,c0ti Residence: fail: e Sign: Residence: PETITION OF SUPPORT FOR KENAI O INANCE 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, Mlailing Address and Residence Address if diiferen Sign{ atgn: pi/vv Print: it < Si Print:61;4, y Sign: .. t Mail: Resid /30 ) /599 ce: /YIc ' vrn Residence: Y1c Mail: L (IA C_C_ Residence: Mail: Residence: Ptit Sign: Print: Sign: Mai I: 9o: Residence: Mail- q Residence: Mail: p5 Residence: Mail. Residence: Mail: Residence: v N PETITION OF SUPPORT FOR KENAI ORDINANCE 2546 -2011 We the undersigned, hereby support Kenai Ordinance 2.546 -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 (pri ■ Print: Sign: Print: Sign: Print: Sign: Print: Sign: Print: Sign: Print: Sign: Print: Sign: Print: Sign: Print: Sign: Mailing Address and Telephone / E -mail (Optional) Residence Address if different) ail: 30 6.(.,tAde.-ale f/ Residence: Mail: Residence: Mail: Residence: Mail: Residence: Mail: Residence: Mail: Residence: Mail: Residence Mail: Residence: Mail: Residence: ail: Residence: PETITION OF SUPPORT FOR KENAI ORDINANCE 2546 -2011 We the undersigned, hereby support Kenai Ordinance 2546 -2011, an Ordinance Amending KMLIC 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. Print: S IMiailing Address and Residence Address (if different) Telephone / E -mail 0 tional Mall: ff.- X .33'c 7 e -nccJ Residence: Mail: pa _5,x 2 S? Residence: Print: Print: Mail: pox /45 Residence: 3o_‘, f t F-1.4 C a Mail: ee A 7 7'C ea aic Residence: Sat t: n‘Or tS - Mail: Residence: Print Sign Print Sign Prins Mail: Residence: Mail: Residence: siyi PETITION OF SUPPORT FOR KENAI O INANCE 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 Residence Address if diftt Telephone / E -mail O; tional Print: Rol Sign: 1 '� Print: Sign: Print: Residence: Mail: t Residence: Print: Mail: DA Resident ..._.0 Mail: pp, I@ J X a 4t{y Residence: Sd' 2,e Print: JJ _ Sign: ; I Print: RC( ca € u ;s Sign: Residence: Print: Sign: Print: Sign: Mali: Resident Mail: Residence: Residence: 01 PE '!`I1' ON OF SUPPORT FOR KENAI ORDINANCE 254E -2011 radersigned, hereby support Kenai Ordinance 2546 -2011, an Ordinance Amending KNLC 14.22,101., Land Use Tech e, to make ges in the Rural Residential RR -1 Zoning Districts and we urge the Kenai € ity Council to adopt this ordinance without dela�yo Date Naine (print, sign) Alailiug Address and Re idence Address ;if different) ai Ts, Telepiaone f -snazl Oetionat Sigr4: „ •>C,3 °t LJ c.F ev2,.�.. Rt' denee ## P I 7,> #6c6' �,r #�e,sab�aree: y' •`{314 fit•_ F�,!__ fi 11 px„ . f( , idnce: ' \\ _.: _ ' \ I Pri�tt: 1 �t n• , _ Ptint SSn '.. -,x. lb e�Jtdilie+�i. rmmv.- mm.wmmmm -e• m^; f . J mm,.m.., r .n _„m. 3 Print: bigtt: ialrril: llesaden c: P11__ fitbr�: i iresidence: Pr t tt: ._.� Fatnt f tPnr , Print: �t n: , %.. .N.,.d.1_'_.:._ £.../' f � T. e 141ail: 1 Q— .i t a i r M �..�.. .._....,.. Residence: �Eatl Residence: VA - �« ` rl: a Resi J PETITION OF SUPPORT FOR KENAI ORD AN CE 2546 -2011 We the undersigned, hereby support Kenai Ordinance 2546- 2 01.1, an Ordinance Amending KMC 14- 22.1111- Land Use Table, to inake changes in the Rural Residential RR -I Zoning District; and we urge the Kenai City Council to adopt this ordinance without delay, Date " i�Taane ,;sza�t,si Mailing Address and Residence Address aldf£crent 1 el$phone 1 E-mail (Ottieaaaal' Print: -, t i s i -' .., Aq i Mail: 1.3 F.L 5' 1 i, iN �-i :li i' ,7'�` 't Sign; , ', [ < Residence. Print: 4 cc cr IL. i Eaii : U a I, L, 4 t c Ign iii` 3' Residence: ' - Print: F 37: Pr ni 4vlail: Residence: ..- .�.a- ,........_...,.. .,,.,.......® i4ta31; .: Print: l?is,Sidk'ni.,e. ,.,- ,.n.n...�..,,,..»._.,,..�.. _..m�..... .. tea... _ .. a.,. Mail: .,...._... .,. ,_,.. ....- Sign: Residence: Print: iulaih Sign: Residence: Print Sig : Mail: Residence: Print: 'I. Sigcz: Print: Residence: Aal. Residencs: Sign: Print: ylait: Sign: Residence: PETITION OF SUPPORT FOR KENAI ORDINANCE 26y(,2 011 ..zoll We the undersigned, hereby support Kenai Ordinance 25% -2R01 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, siLn Print: Sign; Mailing Address and Residence Address (if differe il: S (O tpUV esidence: Print: Print: Sign: �ft 412 "5t Residence: �GAJt9� f9. Mail: ; J 1 • ea/ Residence: he in, et, Mail: ' a Residence: 1����- 4'1.K �� ail: � I M /� Residence: Print: Mail: Residence: Mail: 3 t. 'G (J Gnu, ( Residence: Mail: L Residence: v lc ICQ� Pv,'v -e Print: ivtau. { Residence: Prin 0 ! It Sign ID IP i 23-1s4 ? -h J PETITION OF SUPPORT FOR KENAI ORDINANCE 291-h -2011 We the undersigned, hereby support Kenai Ordinance 2ti{6 -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. Name (hint, sign Print:be-Be,i - e -;*.r Iko L Sivat. ti i i.a ailing Address and Telephone / E -mail Residence Address (if different) flrtional) Residence: Print: Sigp Print: Mail: Residence: Mail: 73 e Mail: 5 Residenc Mail: J Residence: Print: Si Pr' t: . Print: Sign: 5• t- Mail: ;/5 c7 ;-(_.} Residence: /S Mail: - PJ WGr / SAC Residence: , Me- Residence: PETITION OF SUPPORT FOR We the undersigned, hereby support Kenai Ordinance 2S`* -280 changes in the Rural Residential RR -1 Zoning District; and we urge KENAI ORDINANCE 2.514-2011 an Ordinance Amending KMC 14.22.101, Land Use Table, to make the Kenai City Council to adopt this ordinance without delay. Telephone / E -mail (O a tional) Mail: , G. Residence: Print: Sign - Print: Mail: 23.- _6G1 Residence:5gb c Mail: s "? I iJol 4 e.-, if( Residence: PETITION OF SUPPORT FOR KENAI ORDINANCE 2 -2011 We the undersigned, hereby support Kenai Ordinance 2 -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 Name (print, sign Residence Address ii' diffe Telephone / E -mail Otional Print: Sign: l lTVa -t` L - ?c-,J Nuc/St Print: el 1 Zab ell. Llc1vC Sign: Mail: 5")),) Residence: Mail: 7 2,.) L..Jd P—^lun.+. Ave. k(, ,,,. /�✓ Residence: Mail: Fn tux z S, We-frect•, AIC Residence: yi*to Cenl recto , Se1d0fna, Ai< Print: Sign: -, Pri ' 04l Mail: Residence: Print - Sign: 1 Residence: ivlail: /-fir° &n Residence . .. v1/4 c, Y0 VVOr iLI'*II --■ tcL Residence: %9 P c N KENAI, ALASKA "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO' •:N BUM TO: Mayor Porter Vice Mayor Boyle Council Members Bookey, Gabriel, Marquis, Moore FROM: Council Member Molloy DATE: 05/12/11 U SUBJECT: Ordinance No. 2546 -2011 Discussion /Action: Schedule Council' ork Session 1992 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 -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. 1 propose the following potential dates 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 be included in the Clerk's work session notes and be sent to the Planning & Zoning Commission for the Conunission'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 #2 5/12/2011 81 Village with a Past, Cc ty with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ,,J Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 '1111' N the (icy "1 /l i 992 RENAL, ALASKA Nx/ viH;vIo: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: August 11, 2011 SUBJECT: Ordinance No. 2546 -2011 — Amending KMC 14.22.010, Land Use Table At their meeting on August 10, 2011, the Planning & Zoning Commission held a public hearing on Resolution PZ11 -30, A Resolution Of The Kenai Planning And Zoning Commission Recommending Kenai City Council Amend Kenai Municipal Code 14.22.010, Land Use Table, To Make Comprehensive Changes To The Uses Allowed In The Rural Residential RR -1 Zoning District. After the public hearing, Commissioner Knackstedt made a motion to postpone action until the Commission is prepared to make a recommendation to Council. The motion read, "Move to postpone PZ11 -30 until the Commission is prepared to make a recommendation to Council with the understanding that Planning & Zoning is dedicated to completion of the Land Use Table in its entirety." The motion passed 5 -1. The Commission scheduled a special work session for August 16th to continue work on the review of the Land Use Tables. 82 thec Ly Of RENAI, ALASKA ORDINANCE NO. 2546 -2011 (Substitute) Sponsored by: Council Member Molloy CITY OF KENAI 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 Ws 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 the Rural Residential (RR) and Suburban Residential (RS) Zoning Districts to the RR -1 Zoning District, and the City of Kenai re -zoned the MAPS Area to the RR -1 Zoning District; and, WHEREAS, in 1986, the residents of the Three W's Subdivision desired to have the Three Ws Subdivision re -zoned from the Rural Residential (RR) Zoning District to the RR -1 Zoning District, and the City of Kenai re -zoned the Three W's Subdivision to the RR -1 Zoning District; and, WHEREAS, historically, residents of these areas in the RR -1 Zoning District have been actively engaged in zoning issues and processes affecting their neighborhoods, expressing their desire to maintain the development of their neighborhoods as low - density, residential development that creates a stable and attractive residential environment; and, WHEREAS, residents of these areas in the RR -1 Zoning District have expressed significant concerns about the presently - allowable types of land uses that are peuuitted or that are conditional uses in their neighborhoods under the current 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, the Planning and Zoning Commission and the Administration regarding their concerns and their proposed solutions to their concerns; and., WHEREAS, residents of these areas in the RR -1 Zoning District desired to work collaboratively with the City of Kenai 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; 83 Ordinance No. 2546 -2011 (Substitute) Page 2 of 10 Preserve low- density residential development; Prevent land uses that generate heavy traffic; and 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, at its meeting on April 6, 2011, the City Council heard public comment on this ordinance during unscheduled public comment, and through written public comment, and introduced this ordinance; and WHEREAS, at its meeting on April 6, 2011, the City Council also postponed the Council's public hearing on Ordinance No. 2546 -2011 until the May 18, 2011 Council meeting, and referred this ordinance to the Planning and Zoning Commission with directions to hold a work session and a public hearing on Ordinance No. 2546 -2011, and then to return the ordinance to the City Council prior to its May 18, 2011 Council meeting with the Commission's recommendations; and, WHEREAS, at its meeting on April 27, 2011, the Planning and Zoning Commission held work a session on this ordinance during which the public was invited to comment; and, WHEREAS, at its regular meeting on April 27, 2011, after its work session, the Planning and Zoning Commission voted not to schedule a public hearing on this ordinance; and Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and, WHEREAS, at its meeting on May 18, 2011, the City Council held its first public hearing on this ordinance and heard public comments, including the comments of four (4) Commissioners of the Planning and Zoning Commission, a Letter from the Chair of the Planning and Zoning Commission, a petition of the public supporting this ordinance, and additional written comments; and, WHEREAS, at its meeting on May 18, 2011, the City Council postponed Ordinance No. 2546 -2011 until its August 17, 2011 Council meeting in order to provide for a second public hearing, and again referred Ordinance No. 2546 -2011 to the Planning and Zoning Commission with directions to the Commission to schedule and to hold a work session or work sessions, to schedule and hold a public hearing, and to return the ordinance to Council with the Commission's recommendations for the August 17, 2011 Council meeting; and, 84 Ordinance No. 2546 -2011 (Substitute) Page 3 of 10 WHEREAS, at its meetings on June 22, July 13, and July 27, 2011, the Planning and Zoning Commission held additional work sessions on this ordinance during which. the public was invited to comment; and, WHEREAS, at its meeting on August 10, 2011, the Planning and Zoning Commission held a public hearing on Ordinance No. 2546 -2011 and considered Planning and Zoning Commission Resolution No. PZ11 -30 "A Resolution of the Ken.ai Planning and Zoning Commission Recommending Kenai City Council Amend Kenai Municipal Code 14.22.010, Land Use Table, To Make Comprehensive Changes To The Uses Allowed In the Rural Residential RR -1 Zoning District," and heard public comments on this ordinance and that resolution; and, WHEREAS, at its meeting on August 10, 2011, the Planning and Zoning Commission elected to make no recommendations to the City Council on Ordinance No. 2546- 2011; and, instead, the Commission voted to postpone Commission Resolution No. PZ11 -30 until the Commission determined that it is prepared to make recommendations to the City Council; and, WHEREAS, Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and on August 15, 2011, the City Council held a work session on this ordinance, during which the public was invited to comment; and at its August 17, 2011 meeting, the City Council held its second public hearing 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 "conditional uses" to "not penaitted," 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. 85 Ordinance No. 2546 -2011 (Substitute) Page 4 of 10 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED SY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this , 2011. ATTEST: Corene Hall, Deputy City Clerk day of PAT PORTER, MAYOR Introduced: P &ZC Work Session: Council Public Hearing: P &ZC Work Session: P &ZC Work Session: P &ZC Work Session: P &ZC Public Hearing: Council. Work Session: Council Public Hearing: Adopted: Effective: 86 April 6, 2011 April 27, 2011 May 18, 2011 June 22, 2011 July 13, 2011 July 27, 2011 August 10. 2011 August 15, 2011 August 17, 2011 August 17, 2011 September 16, 2011 Ordinance No. 2546 -2011 (Substitute) Page 5 of 10 14.22.010 Land use table. LAND USE TABLE ICEY: P= Principal Permitted Use C = Conditional Use 5 = Secondary Use N= Not Pem:itted NOTE: Reference footnotes an fallowing pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR T h S R81 111112M11=31 1II S' ED Cap R CCsd1J P © P s' /C" One Family Dwelling Ems NOM 1' Pr 3' ® Two/Three Family C's )welling C C" P h P S' /C" Four Family Dwelling C" P C'a P N N P P�1 S C C C N P CSI/C" Five/Six Pamily Dwelling C's C' N P N N P P" S' C C N N P C S' /C" Seven or More Family C'a C' N C' Dwelling N P P" S' 0 0 C C C 0 C 0 N 0" N N ® P C s' /C" 0 C C C Townhouses4 0" 0 [C) 01 u4 C C ®fl C C C C C C 0 O C Mobile Aome Parks' N Planned Unit Residential Development' C' C [C) C?' C 0 C C C COMMERCIAL LAND USES d; RR RR1 RS RS I RS2 RU CC CG IL 111 ED R TSR LC Automotive Sales N C [C)N N N lr 0 P P P P N N N N Automotive Service Stations N C [01N N N N C P P P P N C N N Banks N C C ® [C) N C C N N N C N C P P P P P P C 0 N N C 0 C 0 C C Business /Consumer Services 14 Guide Service N C [C) N C N N C P P P P N P P C Hotels/Motels N C C 0 C [ C ] N [C] N [C] Ci9 [C)11 0 0 C C N N N N N N C N ® ® P an ® C P P P P P P P P P P P P P P P 0 C P C P I 14 N N 14 0 P C C P P in C 1 ,-4 I 'V `ri j ,, ■-e Lodge N N 14 Ni4 Professional Offices P F EMI C C Restaurants Retail Business 0 ®® SR4 S24 Wholesale Business ®11111® Recreation Recreation C C N C P P P ©3u C J C N 1' P C C N P C 0 87 Ordinance No. 2546 -2011 (Substitute) Page 6 of 10 KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL f I LAND USES C RR i2RI RS RSI RS2 RU CC CG IL TIi ED R TS Y3 (LC CMU Airports and Related Uses P'0 C [C] N C N N C P P P P N C N N C Automotive Repair N C [C] N C N N C P P p P N N N N P Gas Manufacturer /Storage N N [C] N C N N N N N C9 C9 N N N N N calm Assembly Mini -Store Facili Storage Yard Warehouses PUBLIC/ INSTITUTION LA ND USES Charitable Zing rutio Churches* Clinics Colleges* iementary Schools Governmental Buildings High Schools spial ibrnriest Parks and Recreation Assisted Livin CE OU SAND U Animal Boarding" Bed and Breakfasts Cabin Rentals C C [C] N [C] N [0]N [CI N P C C C® N C C P 910 N N N Thsi RS RSI IL IH ED C C C UM pro Pia Pm Pw C C 1111© N C N N N C 0 P C [C] C39 C to C P C C C C C P P P C C [C} a©Me II C C C C Mil C P © P 'IMI© MR C RR RRl RS N � rarligira ®- alai C N C I. C �� C nuturai- P 88 Ordinance No. 2546 -2011 (Substitute) Page 7 of 10 Cemeteries C C C. N C N N N N C ® ®r C [Cj C C C'' [C] N C C C P" l C© N C C C N C C C C C N N C NM C P Crematories/Funeral l Homes N C Day Care Centers" C C C C P P S C C C P P'-' Dormitmies/3oarding Houses C' P Essentiat Services P P P P P P P P P P P P P P P Farming /General Agriculture*** P P N N N N N N [CjN ® C C N P P P C P N N N P C C N C P N N C P P Nrrserisses/i'rea Nurseries" C C Gunsrnithing, Printing, Taxidermy N C [C] N C C C P Assemblies" (Urge: Circuses, Fairs, Etc.) C C [C] N C C C Pis Prs 20 Fratemai Organizations/ Private Clubs /Social Halls and Union Halls N C [C] N® C C C P P P C C P r C P C MIM P P P C P. P P Nursing, Convalescent or Rest Homes N C a© C P Parking, Off-Street P P P P P P P P P P Parking, Public Tots° C C [C]N C C C C C C C C C C C C C Personal Services'= C C [C] N C C C C P P P P C C P P/ C" P Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites" 28 P C [C] N C C C C P P 2 P P C C C 0 Recreational Vehicle Parks C C [C]N C N N C C C 0 0 N 0 C N C Subsurface Extraction of Natural Resources' C C C C C C C C C 0 0 14 0 NN N Surface Extraction of Natural Resources" C C [C] N C N N C N C C C N C E N N N 1 89 Ordinance No. 2546 -2011 (Substitute) Page 8 of 10 See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** Sec 42 Telecommunications Act of 1996, Sec. 704(a) * ** See, however, the (imitations imposed under I6bfC 310.070 Footnotes: 1. 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 Palls under the landscaping/site plans requirements of ICMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single -family residence per parcel, which is part of the main building, 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the saris as that required for dwelling units in the RS zone; b. The site square footage in area must he approved by the Commission; c. Yards around the site, off - street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute aresidential 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 part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Flumes" section, 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, prdvided that all applicable safety and fare regulations are met 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12, Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15, Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public streets, 90 Ordinance No. 2546 -2011 (Substitute) Page 9 of 10 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section, 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per ICMC 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. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU /TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business), 25, Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Sei£Service Laundries X Fitness Centers X Massage Therapist X Photographic Studies X Tailors X Tanning Salons X Tattoo Pariors X 91 Ordinance No. 2546 -2011 (Substitute) Page 10 of 10 Personal services not set forth in the above matrix are conditional usess. 28. Commrmications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set fort in KMC 14. 20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway. or (b) driveway access from a dedicated right- of-way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel, 92 HVuiayr e with a Past, Gi y with a Future' 1U1.' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Porter Vice Mayor Boyle, Counci Marquis, Moore Council Member Molloy 08/11/11 Ordinance No. 2546 -2011 (and Substitute) Comparison Table hers Bookey, Gabriel The Comparison Table in the packet is a tool to assist Council on Ordinance No. 2546- 2011 (including the proposed Substitute). The Comparison Table is divided into seven columns, which are: Column: Land Uses 1985 Ord. No. 1009 -85 1998 Ord. No. 1766 -97 Current 14.22.010 Ord. No. 2546 -2011 Ord. No. 2546 -2011 Substitute - 1 - Memo 8/11/11 Description: (Lists all Land Uses presented in the Land Use Table) (Presents the historical information on Land Uses in Land Use Table for the RR -1 Zone as of 1985) (Presents the historical information on Land Uses in the Land Use Table for the RR -1 Zone as of 1998, per the 1997 amendments to the Land Use Table, approved 1998) (Presents the current Land Uses in the Land Use Table for the RR -1 Zone) (Presents the proposed amendments to Land Uses in the Land Use Table for the RR -1 Zone under the original ordinance) (Presents the proposed amendments to Land Uses in the Land Use Table for the RR -1 Zone under the proposed, draft substitute ordinance) 93 1992 Work Column (Space for Councilor's Notations) It is the sponsor's intent to move the proposed substitute ordinance for enactment in place of the original ordinance at the 8/17/11 council meeting. The Comparison Table uses different colors to highlight where the proposed substitute ordinance differs from the current Land Uses in the Land Use Table for the RR -1 Zone. Current 14.22.010 and Substitute: Green is used in the column for "Current 14.22.010," and blue is used in the column for "Ord. No. 2546 -2011 Substitute" where the two differ. Original Ordinance and Substitute: The substitute ordinance corrects the two (2) errors previously identified: 1. Reference to Footnote 22 is deleted, since Footnote 22 does not apply to the RR -1 Zone; and 2. "Essential Services" is Left as a "P ", since Essential Services should be a "P" for Permitted Use in all zones. Other differences from the original ordinance are: 3. "Charitable Institutions" is proposed to be C29 (and not N); 4. "Libraries" is proposed to be C29 (and not N); 5. "Museums" is proposed to be C29 (and not N); 6. "Parking, Off Street" is proposed to be P (and not C29); 7. "Subsurface Extraction Of Natural Resources" is proposed to be C (and not N). 8. The word "constructed" is proposed to be added to Footnote 29. Other: A brief information note - "C19" Note - is at the end of page 2. A separate document that sets out the text of all existing footnotes is also in the packet, for reference. The substitute ordinance has no effect on home occupations. Home occupations remain permitted in the RR -1 Zoning District under KMC 14.20.230. A copy of KMC 14.20.230 is attached. On August 10, 2011, the Planning and Zoning Commission held a public hearing on Ordinance No. 2546 -2011 and considered Planning and Zoning Commission Resolution No. PZI1 -30 "A Resolution of the Kenai Planning and Zoning Commission Recommending Kenai City Council Amend Kenai Municipal Code 14.22.010, Land Use Table, To Make Comprehensive Changes To The Uses Allowed In the Rural Residential RR -I Zoning District," and heard public comments on Ordinance No. 2546 -2011 and that - 2 -Memo 8 /11/11 94 resolution. The Commission elected to make no recommendations to the City Council on Ordinance No. 2546 -2011, and voted to postpone Commission Resolution No. PZ11 -30 until the Commission is prepared to make recommendations to Council. The motion did not specify a date certain by which the Commission would be prepared to make recommendations to Council. It is my understanding that under Roberts' Rules, the effect of the Commission's indefinite postponement is to kill the Commission's further consideration of Commission Resolution No. PZ11 -30. - 3 - Memo 8/11/11 95 LAND USES KEY: Principal Permitte Secondary/Conditional/ Not Permitted RESIDENTIAL 1985 Ord. No. 1009 -85 Ordinance No. 2546.2011 Comparison Table LAND USES -- RR -1 ZONING DISTRICT 1998 Ord, No. 1766 -97 P --5-C -N Currant Ord. No. 14.22.010 2546-2011 P -S-C -N P -S -C -N Ord. No. 2546 -2011 Substitute P -S -C-N k Colu P -S -C -N One Famil Dwellin Two/Three Famil. Dwelling Four Family Dwelling Five/Six Family Dwelling Seven or More Family Dwelling Townhouses 4 Mobile Home Parks 6 Planned Unit Residential Development 7 COMMERCIAL P P C3 C3, 22, 29 N N C C3, C29 C3, C29 C29 C29 Automotive Sales C19 Automotive Service Stations Banks Al Business /Consumer C19 Services N PI Guide Services Hotels/Motels Lodge Professions Restaurants Not on Table Not on Table Not on Table I Office Ordinance No. 2546 -2011 Comparison Table LAN)) USES -- RR -1 ZONING DISTRICT Retail Business C19 C N - N Wholesale Business Theatres 019 C N N /Commercial Recreation C19 C N N INDUSTRIAL Airports & Related Uses C19 C N N Automotive Repair C19 0 N N Gas Manufacturing/Storage C19 G N N Manufacturing/Fabricating Assembly C C N N Minl- Storage Facility C N N Storage Yard Not on Table Not on Table C N N Warehouses Not on Table Not on Table C N N PUBLIC INSTITUTIONAL Charitable Institutions C N C29 Churches* C P10 P10 P10 Clinics P10 P10 C N N Colleges* C C C29 C29 Elementary Schools* C C C C29 C29 Governmental Buildings C C 0 C29 C29 High Schools* C C C29 029 Hospitals* C C C N N W Libraries' C Museums Parks and Recreation Assisted Living Ordinance No. 2546 -24)11 Comparison Table LAND USES -- 1111-1 ZONING DISTRICT C C C C SCELLANEOUS S C C Animal Boarding 1 Bed & Breakfasts Cabin Rentals Cemeteries C C Not on Table C Crematories /Funeral Homes Day Care Centers tz Do rm i to ri es/B o arding Houses Essential Services Farming /Generai Agriculture * " Greenhouse/ Tree Nurseries 13 Gunsmithing, Printing, Taxidermy Assemblies 15 (Large Circuses, Fairs, etc.) Fraternal Organizations/Private Clubs /Social Halls and Union Halls Nursing, Convalescent or Rest Homes Parking, Off - Street Parking, Public Lots 12 N N C C C P p C Not on Table Not on Table C C C C p C N C29 C29 C29 C29 C c N N C C C N C N N N C29 C29 N N N p N N N N N N N N N N N N C29 P N N Ordinance No. 2546 -2011 Comparison Table LAND USES -- RR -1 ZONING DISTRICT Personal — Services Communications C C N N Towers & Antenna(s), Radio/TV Transmitters /Cell Sites ** 2s Recreational Not on Table Not on Table G N N Vehicle Parks p C C N Subsurface Extraction of Natural Resources 16 Surface C C N C Extraction of Natural Resources 17 C C C N N 29, Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right•of -way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing/survey of the parcel, "C19" Note: Former Footnote 19 stated: "Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway.° Former Footnote 19 was removed from the Land Use Table by Ordinance No. 21442006 effective March 15, 2006. Footnotes: 1. 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 KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single- family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling 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 other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; The property adjacent to the proposed dwelling group will not be adversely affected. 4. See 'Townhouses" section. See "Mobile Homes" section. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 100 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26, Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Limited Commercial Zone Personal Services Art Studios Perini ted(P) Conditional Use(C) x Barbers Beauticians Dressmakers x x Dry Cleaners Self- Service Laundries Fitness Centers X Massage X Therapist Photographic X Studios Tailors X Tanning Salons I X Tattoo Parlors 1 X Personal services not set forth in the above matrix are conditional uses. 28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 101 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 O Municipal Code Table of Contents ® Search ® Ordinance List O CodeAlert - Recently Passed Ordinances Links: ® Kenai, Alaska - Home Page Contact: Kenai City Cleric (907) 283 -7535, Ext. 231 Published by: • or sic Quality Code Publishing Seattle, WA 1- 800 - 328 -4348 enai Muniictpalt Title 1A':PLANN NG` ND ZONING%;; ia4 2(J KCNASI,70tQifdra` "'GO t. 14.20.080 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 is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the enviromnent; (B) Generate heavy traffic in predominantly residential areas. Principal Permitted Uses: As allowed ha Land Use Table. Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (1) DevelopmentRequireements; As described in Development Requirements Table. (b) (0) (g) Parking Requirements: As required by this chapter. (Ords. 925, 1009) 102 Title 14 PLANNING AND ZONING Chapter 14.20 KENAI ZONING CODE 14.20.230 Home occupations. (a) Intent. It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the residential character of a neighborhood, and which are clearly secondary or incidental to the residential use of the main building, In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed. (b) Uses Permitted, Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art studio. (2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver. (3) Dressmaking. (4) Millinery. (5) Beauty parlor. (6) Tutoring and musical instruction. (c) Uses Prohibited. (1) Commercial auto and boat repair. (2) Commercial kennels or similar uses. (3) Convalescent homes for the care of more than two (2) patients. (4) Mortuaries. (5) Private schools with organized classes. (6) Real estate office. (7) Restaurants. (d) Development Requirements. (1) Not more than one (1) person outside the family shall be employed in the home occupation. (2) No more than thirty percent (30 %) of the gross floor area of all buildings on the lot shall be used for the hone occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (e) Permit Application. (I) An application for a home occupation permit shall be filed in writing with the City Planning and Zoning Department and signed by the person requesting to operate the home occupation. (2) If the Planning and Zoning Department finds the application meets the criteria ofKMC 14.20.230 it shall be placed on the consent agenda of the Planning and Zoning Commission. Applications listed on the consent agenda are considered routine and will be approved by one motion. There will be 110 separate discussion of the application unless a member of the Commission so requests, in which case the item will be removed from the consent agenda 103 and considered in its normal sequence on the agenda as part of the general orders. (3) A finding by the Planning and Zoning Administration that an application does not meet the criteria of KMC 14.20.230 and the denial of placement on the consent agenda may be appealed to the Planning and Zoning Commission by filing a written appeal with the Kenai City Clerk within thirty (30) days of the date of denial. (4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. (f) Permits Nontransferable. A home occupation permit granted under this section shall not be transferable to another person or location. (g) Exemption. No home occupation permit shall be required for: (1) or Activities or business which are carried on solely by use of phones, computers and mail or delivery services; (2) A state - approved relative home day care provider that provides care to no more than five (5) children (including the care giver's own children) under the age of twelve (12) of which no more than two (2) may be under thirty (30) months of age and who are the care giver's grandchildren, great - grandchildren, sibling (only if living in a separate residence), niece or nephew (not a great niece or nephew), and which involve no outside sign, Iittle or no increase in traffic, and with only occasional visits by members of the public to the home. (h) Fire Code Inspections. (1) Day care facilities shall be inspected by the Fire Marshal for compliance with the fire code (KIM 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. Failure to comply with the fire code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. (2) Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. (Ords. 925, 1456, 1885 -2000, 1933 -2001, 2093 -2005) 104 KENA SKA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2560 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 12.25.030, "LEAVING OF JUNKED OR ILLEGALLY PARKED VEHICLES," TO AMEND THE DEFINITION OF WHAT IS A "JUNK VEHICLE." WHEREAS, the City has adopted ordinances prohibiting owners of private property from leaving vehicles on the property that are considered "junk vehicles" for longer than 72 hours except under certain circumstances; and, WHEREAS, the City's definition of "junk vehicle" includes vehicles that are not current in their registration with the State of Alaska, even if the vehicle is parked on the property owner's driveway and is not in obvious disrepair; and, WHEREAS, in Alaska, it is a common practice for vehicle owners to allow registration to lapse when they are not operating a vehicle on the roadways and occupants of private property should be permitted to make decisions about where to properly store vehicles otherwise operational on their property; and, WHEREAS, law enforcement officers enforce the State's vehicle registration laws and cite drivers who operate vehicles on roadways where the driver's vehicle is not current in its registration. 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 12.25.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 12.25.030, Leaving of junked or illegally parked vehicles, is hereby amended as follows: 12.25.030 Leaving of junked or illegally parked vehicles. (a) No person shall leave any junk[ED) vehicle an any street, highway, or public property within the City. (b) No person shall leave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and /or posted times, periods, or conditions. Any such vehicle shall be subject to emergency impounding procedures pursuant to KMC 12.25.040(c). New Text Underlined [DELETED TEXT BRACKETED] 105 Ordinance No. 2560 -2011 Page 2 of 3 (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any junk[ED] vehicle to remain on such property longer than seventy -two (72) hours; and no person shall leave any such vehicle on any property within the City for a longer time than seventy - two (72) hours; except that this ordinance shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. (d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the consent of the property owner or occupant. (e) Notwithstanding the provisions of subsection (c) of this section, if the City Manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from public view while repairs are being performed, the City Manager may authorize a period of no more than thirty (30) days for the perfoi uance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met. (f) "Junk vehicle" means a motor vehicle that is: (1) [NOT CURRENTLY REGISTERED FOR OPERATION UPON THE PUBLIC ROADS OF THE CITY; OR (2)] In a condition which exhibits two (2) of the following elements: (i) A substantial amount of broken or missing glass; (ii) Missing two (2) or more wheels or tires; (iii) Missing a body panel or body part, such as quarter panels, bumper, trunk lid or hood; (iv) Missing an essential component such as the engine, transmission, carburetor, distributor, brake or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat, or drive shaft; or ([3]2) Stripped, wrecked or otherwise inoperable due to mechanical failure; or New Teat Underiined• [DELETED TEXT BRACKETED] 106 Ordinance No. 2560 -2011 Page 3 of 3 ([4]3) Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle, [(g) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER SUBSECTION (F)(1) OF THIS SECTION THAT THE MOTOR VEHICLE IS USED ONLY FOR MOTOR VEHICLE RACING AND HAS BEEN IN A LEGAL COMPETITIVE RACING EVENT WITHIN THE PRECEDING ONE (1) YEAR.] 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 20th day of July, 2011. Al I EST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Second Reading: June 15, 2011 Third Reading: July 20, 2011 Adopted: July 20, 2011 Effective: August 20, 2011 New Text. Underlined • [DELETED TEXT BRACKETED) 107 "Village with a Past, Cdy with a Frstisre" VIN:VIO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 pTO: City Council P ROM: Rick Koch ATE: June 9, 2011 SUBJECT: Ordinance No. 2560 -2011, Amending the Definition of What is a "Junk Vehicle" The purpose of this correspondence is to provide Administration's recommendation regarding the above - referenced ordinance. moo The Administration recommends approval of this ordinance. If you have any questions, please contact me at your convenience. 108 Carol Freas From: Duane Bannock [d Bannock @hotmail.com] Sent: Tuesday, June 07,-2011 9:31 PM To: Mayor Porter; mboyfe @alaske.com; bob @molloyforcouncil.com; cpejoe @altrogco.com; ryan @marquisforkenai.com; terry @bookeyforkenai.com; briangabriel @acsafaska.net Cc: Carol Freas Subject: Ordinance 2560 -2011 Dear Mayor Porter and Council Members, Thank you for your dedicated efforts in making Kenai such great place to live! Your work is appreciated. 1 am writing to you with my comments regarding Ordinance 2560 -2011 to amend the definition of what is a junk vehicle; specifically, to remove the reference to current vehicle registration. I was a member of the Kenai City Council when this law was adopted and I'm disappointed that now, 1.3 years later, I'm learning that the law doesn't read the way I thought it did. I believe there is logic for keeping the language and it is based on my experience as a former DMV employee, although I think slight changes my be necessary. While the Alaska law is clear that vehicle registration is a requirement only for vehicles driven on public roads (AS 28.10.011) there is also a local, fiscal element to current vehicle registration. The Kenai Peninsula Borough has selected the DMV to collect local property tax on automobiles through Motor Vehicle Registration Tax (MVRT AS 28.10.431). When vehicle registration is paid (originally and at renewal) a portion includes MVRT which is forwarded from the state to the borough and to the city. As such, when vehicle registration expires and remains unpaid, the borough and /or city are not collecting the scheduled tax revenue, Others have argued against MVRT by stating that "the vehicle is not operable — why should I be required to pay tax on it ?" 1 submit that MVRT is not a 'use -tax' but rather, is the correct substitute for personal property tax. The other reason I support a local requirement for current registration, specific to 'junked' or inoperable vehicles, is that many of the abandoned vehicles in Alaska are unregistered and lead to difficulties in identifying the ownership and the responsible party. However, 1 firmly believe that the ordinance, as currently written, is flawed for the simple reason that expired registration alone, should not lead to a definitive finding of "Junk vehicle." Please accept my possible suggestions for your consideration: 1. keep the language currently found in 12.25.030(0(1), but renumber to include it as one of the 'conditions' found in (0(2) OR 2. Amend language in 12.25.030(f)(1) by replacing the OR conjuncture with AND Thank you for your consideration, and a Special Thank You for all that you do, Duane Bannock 1908 Aliak PO Box 2044 Kenai, AK 99611 109 he c.'oj KENAI. ALASKA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2564 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 10.30, "RECORD RETENTION," TO ADD A NEW SECTION 10.30.060 "DISCLOSURE OF' INFORMATION COLLECTION" TO REQUIRE THE CITY TO NOTIFY RESIDENTS AND PROPERTY OWNERS THAT THE CITY HAS COLLECTED INFORMATION ABOUT THE RESIDENT OR PROPERTY OWNER AND /OR THEIR PROPERTY IN THE CITY. WHEREAS, through its daily operations, the City develops and creates information on residents of the City and on real property and real property owners of property located within the City; and, WHEREAS, persons who are the subject of an investigation maintained by the City, or persons owning property subject to an investigation or development of info „nation by the Ci.ty, are often unaware that the City of Kenai is developing and creating this informati.on and retaining it in City files that are otherwise open and available for public inspection; and, WHEREAS, it is antithetical to the concept of American democracy that there are personal data record - keeping systems maintained by the City whose very existence is secret to the person(s) who are the subject of the records; and, WHEREAS, with some exceptions, such as for law enforcement purposes, the residents and property owners of the City of Kenai have a right to know if their government is developing and maintaining records on the person and /or their real property. 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 Chapter 10.30 of the Kenai. Municipal Code: The Kenai Municipal Code, Chapter 10.30, Record Retention, is hereby amended by adding a new section to be numbered 10.30,060 and to read as follows: 10.30.060 Disclosure of information collection (a) The City shall notify any resident or owner of real property located in the City of Kenai if the City develops or creates a public record concerning the resident or New Text Underlined (DELETED TEXI BRACICETEDI 110 Ordinance No. 2564 -2011 Page 2 of 2 concerning the owner or the real property within the City. The City shall provide this information to the resident or owner in writing within 30 days of the City's collection of the information. (b) The notice must include the following information: the nature of the information and the method of its collection; the use(s) to which the information will be put; identification of any potential recipients of the information other than the citizen; that the person has a right to request production of the information from the City and /or that the person may view the data in the City's files. (c) This notice requirement does not apply to the City's development or creation of records exempted. from public disclosure under KMC 10.40.040 or to financial records created in the regular course of the City's business and reflected in documents (including billing statements, receipts, and invoices) provided directly to the person. (d) For purposes of this section "public record(s)" has the same meaning as KMC 10.40.020. 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 17th day of August, 2011. ATTEST: Lorene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Second Reading: June 15, 2011 Third Reading: August 17, 2011 Adopted: August 17, 2011 Effective: September 17, 2011 New Text Underlined' [DELETED TEXT BRACKETED] 111 "Villa e with a Past, a with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 11111I MEMO: TO: City Council FROM: Rick Koch DATE: June 9, 2011 SUBJECT: Ordinance No. 25642011, Disclosure of Information Collection The purpose of this correspondence is to provide Administration's recommendation regarding the above - referenced ordinance, The Administration strongly recommends against passage of this ordinance. The sponsor of this ordinance has not provided any supporting information regarding the ordinance other than what is contained in the ordinance itself. Therefore, the language in the ordinance is the only information considered. The ordinance states "the collection 01 this information is sometimes Covert" and 11 is antithetical to the concept of American democracy that there are personal data record - keeping systems maintained by the City whose very existence is secret to the person(s) who are the subject of the records." These statements are false and shows the City and Administration in a poor light. 1991 In the course of conducting the City's business, City staff is called upon many times a day to refer to information contained in GIS, and other files. For example, when I responded to the James Street Special Improvement District petition, I researched the subdivision plats, property ownership, and utility locations for approximately one -block in all- directions from the proposed improvement district. This encompassed approximately 50 properties, and I included information about these properties in my working file for the improvement district. Under this ordinance I would be required to provide notification to each of the property owners, While the proposed ordinance is mute to further research of this nature, what happens if at a later time I access the Borough data base and make a copy of additional information, must I re- notify the 112 property owners? The estimated effect of this ordinance would be to expend thousands, to tens of thousands, of additional labor hours each year and require an increase of three to six employees. If you have any questions, please contact me at your convenience. 113 "Village with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 MEMO: TO: City Council lFROM: Rick Koch DATE: August 9, 2011 SUBJECT: Ordinance No. 2564 -2011 The purpose of this correspondence is to provide additional support for Administration's previous recommendation against passage of this ordinance. I was not at the June 15, 2011 Council meeting when this ordinance was discussed and postponed. Additionally, I was not contacted by the maker of the proposed ordinance either prior to or subsequent to that meeting to discuss the proposed ordinance. I have read the minutes from the June 15th Council meeting. IIIIII 1992 The underlying premise of the ordinance is unsupported by the record - keeping practices of the City Administration. I appreciate the Council amending the proposed ordinance to remove language that claimed Administration sometimes collected information on residents, property owners and/or property, in a covert manner, however, there are additional serious unsupported and inaccurate statements and insinuations contained in the proposed ordinance. The proposed ordinance states "WHEREAS, it is antithetical to the concept of American democracy that there are personal data record - keeping systems maintained by the City whose very existence is secret to the person(s) who are the subject of the records," The City does not maintain personal data record - keeping systems on residents of the City, and to state such is reckless and alarmist. Further, of the many files maintained by the City, none are "secret," the majority are available for public inspection and only a few may be withheld from public inspection for legal reasons. There is a significant difference between someone not being aware of a file, and the file being "secret." 114 The proposed ordinance also states "WHEREAS, with some exceptions, such as for law enforcement purposes, the residents and property owners of the City of Kenai have a right to know if their government is developing and maintaining records on the person and /or their real property." The City does not develop and maintain records on persons within the City (other than for law enforcement purposes). The City maintains many records regarding real property, as does the Borough and the State of Alaska. The minutes relative to the postponement of the proposed ordinance reflect the following, "Council Member Molloy MOVED to postpone Ordinance 2564 -2011 to the second meeting in August with direction for the Code Enforcement Officer, Planner, and City Manager to review the code enforcement aspect of the ordinance relative to real property. Council Member Marquis SECONDED the motion." Based on the above, the remainder of the discussion contained in this correspondence will be limited to the code enforcement aspect of the ordinance relative to real property and not to the specific language contained in the ordinance. There are a number of departments within the City that have responsibilities relating to code enforcement relative to real property. These include the Fire Department, Police Department, Public Works Department, Planning Department, and the City Manager's office. Attached are memoranda and a -mails from Administrative Staff addressing the proposed ordinance. 1. Merno from Kebschuil (Planning) to Koch dated August 1, 2011 2. Memo from Carver to Kebschuil (Planning) dated June 27, 2011 3. Memo from Sandahl (Police) to Koch dated August 10, 2011 4. Memo from Joiner (Library) to Koch dated August 11, 2011 5. E -rnaii from Tilly (Fire) to Koch dated August 10, 2011 In addition to the concerns expressed in the above - referenced documents, the Public Works Department through the Building Official is involved in a significant number of code enforcement issues. Generally, the code enforcement actions of the City are complaint driven. On occasion, City personnel may observe a gross violation of building /property codes resulting in the initiation of an enforcement action but it is the exception. The majority of public complaints are handled by Staff without the need for formal enforcement action. This may be because the specific complaint is not a code violation, such as 115 a complaint because a neighbor does not maintain the grass /weeds in their yard, Often, when a complaint is received and verified to be a code violation, a phone call to the property owner results in compliance, and again no formal enforcement action is initiated, In each of these examples some record is maintained of the contact /complaint, and its resolution. In the event, a formal enforcement action regarding real property is undertaken by the Code Enforcement Officer, the Fire Marshall, or the Building Official, a written notification is provided to the property owner. The system and policies presently utilized by the various City Departments, and the written notifications which are presently provided in the case of formal enforcement action, are appropriate and sufficient. The proposed amendment to KMC 1030 is unclear as to its intent and application, and will create a significant additional workload and confusion to its application. Administration has not been contacted by any individuals expressing dissatisfaction with the City's present policies and process. Administration recommends against passage of this proposed ordinance. Thank you for your attention in this matter. 116 t VUIa e wit?! a Past, Gc with a Future ff MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: Rick Koch, City Manager t�//, FROM: Marilyn Kebschull, Planning AdministratoF( DATE: August 1, 2011 SUBJECT: Ordinance No. 2564 -2011 — Amending KMC 10.30, "Record Retention" Council postponed action on Ordinance No. 2564 -2011 until August 17th to provide an opportunity for administration to review the ordinance. As you outlined in your June 9th memo to Council, in the course of daily duties the Planning Department uses the property data contained in the GIS system innumerable times. The information contained in the GIS system is public and used not only by City staff but the public. Property ownership data and assessing information is provided to anyone researching property in the City. This Ordinance, if passed, would require duplication of any information gleaned from the 4,821 parcels located in the City. Or, for example, when the Council recently directed administration to notify every property owner in the City of the work sessions and public hearing planned to review the proposed amendment to the Lard Use Table for the RR -1 zone (Ordinance No. 2011 - 2546), would a second notice have been required to let the public know the City had researched their property records? Copies of that mailing are contained in the Planning file for the Ordinance. So, it would appear that the proposed amendment to KMC 10.30.060 would have required a second notification to each owner that information regarding their property is contained in the file. This example is somewhat extreme; however, every application processed by the Planning Department that requires a public hearing contains property data on every property owner within 300 feet of the applicant's property. The notification data becomes a permanent part of the file and it would appear this proposed amendment would require notification to each of these notified property owners. Attached is a memo from Nancy Carver which outlines the procedure used for code enforcement, Ms. Carver recommends an alternative to the proposed amendment and I support her recommendation. The objective of the ordinance could be established by adding a footnote to all correspondence related to code enforcement. The footnote could contain information to the public on how to obtain any records the City has relating to their property. For example, 117 Memo to Rick Koch, City Manager RE: Ordinance No: 2564 -2011— Amending KMC 10.30, "Record Retention" August 1, 2011 Page 2 "You have a right to review records regarding your property by contacting the City's Planning Department located in City Hall at 210 Fidalgo Avenue or by calling 283 -8237. Formal requests for copies of City records should be directed to the City Clerk by calling 283 -8231 or completing and submitting the Public Records Request Form on the City's web site at www.ci.kenai.ak.us." I agree with your June 9th memo and strongly recommend against the passage of the Ordinance, even as amended. I hope Council will consider the proposed solution outlined above that can be accomplished administratively without the code amendment. 118 \t 0 d �% ✓' KENAI, "Vi /laye with a Past, a with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 TO: Marilyn Kebschull, Planning Administration FROM: Nancy Carver, Planning Assistant• DATE: June 27, 2011 SUBJECT: Council Direction – Ordinance No. 2564 -2011 At the June 15th Council meeting, Council postponed action on Ordinance No. 2564- 2011 until the second meeting in August to send it back to Code Enforcement Officer, Planning and City Manager to review ordinance. Code enforcement is complaint - driven. When a complaint is received, a site visit is conducted to determine if a violation of the City's code exists. If a legitimate code violation exists, photographs are taken. The City's GIS system is used to determine the property owner. Using property ownership information, an attempt is made to contact the owner by phone. If phone contact is unsuccessful, a letter is drafted and sent with copies of the photographs and the code section. The letter provides a reasonable time for the owner to eliminate the violation. At this time, a file is opened. It appears that the Council's intent could be satisfied without amending the code and by establishing a policy that requires notification of an individual's rights to obtain or review copies of City records. This could be accomplished by adding a footnote to the letter to advise the property owner of their right to obtain copies of the file and the process for obtaining that information. For example, "You have a right to ask to review your file by contacting the City's Planning Department. Formal requests for copies of City records should be directed to the City Clerk by calling 283 -8231 or completing and submitting the form from the City's web site at www.ci.kenai.ak.us." 119 the ci r, KENAI. ALASKA "Village with a Past, CL' y with a Future Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907 - 283 -7879 / FAX: 907-283-2267 MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief /IS- DATE: 8/10/11 SUBJECT: Disclosure of Information Collection With regards to proposed ordinance 2564-2011, I have concerns that Police personnel will become overwhelmed with notifications, Although the KMC 10,40.040 provides for law enforcement exemptions, there are a number of cases that would not fall into the exemption. Scenario #1 - A concerned resident of Old Town calls the Police to report that Bill and Jane Smith are on the protected bluff area in Old Town, and they would like an officer to advise them to stay off the bluff. Within two minutes, the complainant calls back and says, "Nevermind, I handled it myself, and told them to stay off the bluff. They left on my request." in this situation an officer wouid likely not respond, and the incident would be closed. However, there would be a police record of this, to include Bill and Jane Smith's names. Due to the broad scope of section (a) in the proposed ordinance, the Police would have to notify Bill and Jane Smith of the record and provide everything required in section (b). Scenario #2 — A resident is upset with off-road vehicles in his neighborhood. He calls the Police Department 25 times a year to complain about people riding snowmachines in Kenai. The man wants off -road vehicles entirely banned from the City. Police contact adults who are all riding snowmachines lawfully on an unimproved right of way. The Police Department keeps a record on all 25 incidents, including alleged violator names. The man calls KPD supervisors multiple times a week complaining about issues with the City's off-road vehicle ordinance. Those supervisors write notes so they make sure they understand the man's concerns. Under the proposed ordinance the Police would have to notify the complainant that there is a record of him reporting all 25 incidents, and would further have to notify all adult snowmachine riders contacted /reported that there is a record of the incident. Further, the supervisors would have to notify the complainant that they wrote notes during the phone calls so they could accurately document the man's concerns. „ Scenario #3 — Every October, Kenai officers conduct a sweep of Woodland, Redoubt Subdivision, and other crowded neighborhoods. For any vehicles parked on City streets between 4am and 8am, we place a waming tag on the vehicle. We might place up to 40 tags on the first night of the sweep. The license plate is documented in a Police record, which aids officers in deciding to towlcite for future violations. Within a week, most cars are off the street at night. By the time of the first snow fall City graders are able to plow the streets, unimpeded by parked vehicles. I could come up with multiple other examples. Our officers handle approximately 7,500 calls for service a year, and we make contact with countless individuals. This year we had 1,101 calls for service in July alone. Officers write about 200 reports a month. Not all of those reports result in criminal charges, I would ask that if Council gives consideration to passing this ordinance that they provide for an exemption of all law enforcement records, and not just the records exempted in KMC 10.40.040. Otherwise, the Police Department will be sending out multiple disclosure notifications a day. Currently, we have procedures in place for residents to request a copy of a Police incident or report. 121 the c(.,of KEK Al. ALASKA °!/i(laye with a Past, Gi with a Future tea. '1111.' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 EMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: 11 August 2011 SUBJECT: Ordinance 2564 -2011 As I look at Ordinance 2564 -2011, I am not sure how it applies to the library. Alaskan statute AS 40.25.140 reads: Confidentiality of Library Records. (a) Except as provided in (b) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under AS 40.25.110 or 40.25.120. This section applies to libraries operated by the state, a municipality, or a public school, including the University of Alaska, (b) Records of a public elementary or secondary school library identifying a minor child shall be made available on request to a parent or guardian of that child. The ordinance does refer to "City files that are otherwise open and available for public inspection.' Our records clearly are not, Section 10.30.060 of this ordinance stipulates that the City shall notify any resident.... "if the City develops or creates a. public record concerning the resident..." When library card holders have retained material past the due date and not returned items despite attempts to notify them, we do create a record and eventually, create a file that goes to the city attorney for a final letter asking for payment or return of the items. It is not clear to me if this information has now become part of the public record open and available for public inspection, particularly in the period before the letter from the city attorney is issued while we are assembling the information and how this relates to AS 40.25.140. All of our files on individuals are records and files that result from an action by the user that is in violation of the policies of the library and generally involve theft of library materials. If we must notify them specifically about files that we keep in addition to the notices we send, this will double the work load here and may confuse and alarm the library users, 1992 Rick Koch From: Michael Tilly Sent: Wednesday, August 10, 2011 2 :23 PM To: Rick Koch Subject: Ordinance #2564 -10 Rick, Obviously this does not apply to Medical records because there is no way around the I-IIPPA laws but we have hundreds of files specific to buildings and building inspections, Many of these files are 10, 20 or even 30 years old, We start a file on every new business or building that we plan to inspect for years to come. That is really the only records kept that apply to personal property. Michael R. Tilly Fire Chief Kenai Fire Department. 123 Me city of KEN * AL SKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2575 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 22.05.135, ACQUISITION OF REAL PROPERTY, TO ALLOW THE CITY TO PURCHASE REAL PROPERTY WITHOUT AN INDEPENDENT APPRAISAL UPON A BEST INTERESTS FINDING OF THE COUNCIL. WHEREAS, the Kenai Municipal Code requires that the City may not purchase real property until the City obtains an appraisal of the full and true value of the property from a qualified appraiser; and, WHEREAS, there are a variety of circumstances where the information from an appraisal would have little discernable benefit to the City and would not serve to protect the City's finances, such as where the cost to purchase the property is far below its assessed value (as is often the case in government -to- government transactions). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Faun. This is a Code ordinance. Section 2. Amendment of Section 22.05.135 of the Kenai Municipal Code; The Kenai Municipal Code, Section 22.05.135, Acquisition of real property, is hereby amended as follows: 22.05.135 Acquisition of real property. (a) The City, by authorization of the City Council, expressed in a resolution for such purpose, may lease, purchase or acquire an interest in real property needed for a public use on such terms and conditions as the council shall determine_[, but nJ No purchase shall be made until a qualified appraiser has appraised the property and given the council an independent opinion as to the full and true value thereof[;] unless the council, upon resolution so finding, determines that the public interest will not be served by an appraisal. (b) Because of the unique value of real property, the City need not acquire or lease real property by competitive bidding. (c) Rights -of -way and easements may be accepted or issued by the City Manager after approval by the City Council for utility lines and services of all types and for necessary rights -of -way easements. New Text Underlined }DELETED TEXT BRACKETED} 124 Ordinance No. 2575 -2011 Page 2 of 2 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 seventeenth day of August, 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: August 3, 2011 Adopted: August 17, 2011 Effective: September 17, 2011 New Text Underlined. [DELETED TEXT BRACICETED] 125 KENAI AlASKA "Village with a Past, Cc with a Future° 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIIIL1 MFMO: TO: City Council FROM: Rick Koch DATE: August 11, 2011 SUBJECT: Ordinance No. 2575 -2011 — Amending KMC Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. 1992 The purpose of this correspondence is to recommend Council approval of the above referenced ordinance. On average, about once a year, the City acquires property from political subdivisions or through donations for far less than the appraised value of the property. In each instance, the independent appraisal, as presently required by City Code, cost more than the purchase /acquisition of the property. For example, the City recently purchased 4.2 acres from the Alaska Department of Natural Resources. The agreed upon purchase price was $3,500 and the independent appraisal cost was $6,000. The appraised value for the property was $20,000. Presently, the City is purchasing 60 acres from the Kenai Peninsula Borough for well head protection in the area of Municipal Production Well #2. The sale price is $2. Administration estimates the independent appraisal cost to be 56,000 to 510,000. I estimate the fair market value of the property at $30,000- $50,000. Administration's position is that the costs of independent appraisals, in certain circumstances, are not an efficient use of public monies, and that the Council should have the ability to determine if an independent appraisal is warranted given the specific circumstances. Thank you for your attention in this matter. 126 Suggested by: Administratio CITY OF KENAI ORDINANCE NO. 2576 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 13.40, "OFF -ROAD OPERATIONS OF MOTOR VEHICLES," TO CLARIFY THAT PERSONS WITH MOBILITY DISABILITIES MAY OPERATE WHEELCHAIRS AND OTHER MOBILITY DEVICES IN AREAS OTHERWISE RESTRICTED TO BICYCLES AND PEDESTRIANS AND TO PERMIT THE USE OF ELECTRIC PERSONAL MOTOR VEHICLES IN SIMILAR AREAS. WHEREAS, the Kenai Municipal Code regulates the use of off-road vehicles in the City of Kenai, including on sidewalks, bike paths, and playgrounds, but the Code does not address the operation of wheelchairs and other devices by persons with mobility disabilities, which devices are typically permitted to operate in those same areas although they often meet the City's definition of an "off -road motor vehicle "; and, WHEREAS, other electric personal motor vehicle devices (such as Segways) may be safely operated in areas designated for bicycle and pedestrian use but these devices are not currently permitted to be used in those areas; and, WHEREAS, the City's Department of Public Safety recommends adoption of amendments to the City Code to better reflect that persons with mobility disabilities may utilize wheelchairs and other mobility devices in certain areas of the City and to allow the use of electric personal motor vehicles in areas designated for bicycles or pedestrians. 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 13.40.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.40.010, Definitions, is hereby amended as follows: 13.40.010 Definitions. (a) "Electric personal motor vehicle" means an electric personal assistive mobility device that is a self - balancing vehicle with two nontandem wheels, designed to transport only one person, has an electronic propulsion system, and has a maximum speed of not more than 15 miles an hour, (b) "O[AN O)ff -road motor vehicle" means [IS:(A) Ajany motor vehicle not authorized for operation on a public roadway according to State law or regulation[.] or [(B) Any motorized vehicle that is being operated off of the maintained streets and roadways. 127 Ordinance No. 2576 -2011 Page 2 of 3 (c) "Wheelchair" means a manually operated or power -driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion, Section 3. Amendment of Section 13.40.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.40.020, Off -road vehicle operation, is hereby amended as follows: 13.40.020 Off -road vehicle operation. It shall be unlawful for any person to operate an off -road vehicle in the City of Kenai: (a) On public or private property without the express or implied consent of the owner, his authorized agent, or representative. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (b) On municipal park lands, except where specifically authorized, municipal playgrounds and school playground[S] areas except by special authorization or in a specially designated area. Notwithstanding, wheelchairs may be operated on park lands and playgrounds by persons with mobility disabilities, subject to the other provisions of this Chapter. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (c) On a City or State maintained roadway, sidewalk, or on a path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard. Notwithstanding, and subject to the other provisions of this Chapter, a person may operate a wheelchair or an electric personal motor vehicle on sidewalks and on naths or trails designated for bicycles or pedestrians, on a City- maintained roadway for the purpose of crossing the road, and on the far right-hand edge of a City - maintained roadway for general movement where there is an absence of a sidewalk or pedestrian /bicycle path. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($ 100.00). (d) On any City or State road right -of -way that has been landscaped, seeded, or otherwise improved. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (e) In such a manner as to produce sufficient noise to disturb the peace and quiet of another. (f) In such a manner as to cause damage to improved property or destruction. to the terrain. (g) The court may offer a defendant convicted of a violation of this section the option of performing community work in lieu of a fine or a portion of the fine if the court finds the defendant is unable to pay the fine, The hourly value of community work in lieu of fine is to be the Alaska minimum wage. 128 Ordinance No. 2576 -2011 Page 3 of 3 (h) The court may order a defendant convicted of a violation of this section to make restitution to the victim or other person injured by the offense. Prior to ordering any such restitution, the court must make an inquiry into the amount of restitution the defendant could reasonably be expected to pay. A defendant is presumed to have the ability to pay restitution unless the defendant establishes the inability to pay by a preponderance of the evidence. An order of restitution under this section does not limit any civil liability of the defendant arising out of the defendant's conduct. (i) For purposes of this section, the term "person" includes the State of Alaska or a political subdivision thereof in addition to the meaning set forth in KMC 10.05.030. (j) Not withstanding the provisions of this section, the City or state, or their agents, may operate machinery or off -road vehicles in otherwise prohibited areas for public safety, maintenance, repair, cleaning and upkeep. Section 4. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances, The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August, 2311 ATTEST: Corene Hall, Deputy City Clerk 129 PAT PORTER, MAYOR Introduced: August 3, 2011 Adopted: August 17, 2011 Effective: September 17, 2011 llaye with a Past, Gi with a Future" �vmr '1111' 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 0: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief/ 15— DATE: 7!26111 SUBJECT: Consideration of ordinance amending KMC title 13 to accommodate the use of electric personal motor vehicles and power - driven wheelchairs on bike paths, sidewalks, and roadways. In the spring of 2011, a local man contacted the Kenai Police Department inquiring about the legality of operating Segways on bike paths and other areas in Kenai. Segways are a particular brand of electric personal motor vehicles, which have two non - tandem wheels, and a vertical pole with hand grips. The man was interested in starting a Segway tour business as early as 2012. The Police administration researched the issue and found the following: 1. Alaska Statutes have laws that specifically allow for the operation of "electric personal motor vehicles ", such as Segways, on sidewalks, bike paths, or vehicular ways or areas. 2. The current KMC Off -Road Vehicle laws do not allow for the operation of "electric personal motor vehicles," such as Segways, on a bike path, sidewalk, or vehicular area In the City of Kenai. We have further found that the current Kenai Municipal Code does not specifically allow for the operation of a power- driven wheelchair on City sidewalks, bike paths, or vehicular areas. Despite the shortcoming in the Code, the Police Department does not impede or prohibit the movement of anyone operating a power- driven wheelchair on City sidewalks, bike paths or roadways. As the City Council considers amending KMC Title 13 to allow for the operation of electric personal motor vehicles, they might also consider that certain disabled individuals might choose these devices as a reasonable alternative to a power- driven wheelchair. I researched the speeds and dimensions of the Segway brand of electric personal motor vehicles. A common maximum speed for these devices is 12.5 mph. .A common "footprint" for these devices is 19° x 25', and some have a foot print that is 21' by 33 ". 130 The attached proposed amendment to KMC 13.40.020 includes added definitions for "electric personal motor vehicle" and "wheelchair." This proposed amendment, which is presented for your consideration, has been reviewed by City Attorney, Krista Steams. 131 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO NORTH STAR PAVING & CONSTRUCTION, INC. FOR THE PROJECT ENTITLED MAIN STREET RECONSTRUCTION 2011 FOR THE TOTAL AMOUNT OF $157,131.00. WHEREAS, the following bids were received on August 9, 2011: BIDDER TOTAL BASIC BID Alaska Roadbuilders, Inc $174,820.00 Peninsula Construction, Inc $190,171.00 !North Star Paving & Construction, Inc $157,131.00 and, WHEREAS, North Star Paving & Construction, Inc. bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to North Star Paving & Construction, Inc. for the total cost of $157,131.00; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled Main Street Reconstruction 2011 is awarded to North Star Paving & Construction, Inc for the total amount of $157,131.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of August, 2011. ATTEST: Corene Hall, Deputy City deck Approved by Finance: if 132 PAT PORTER, MAYOR the city of KENAL ALASKA Tillage with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 sutpfiq Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 I`II'i 1992 /f MEMO ' • \ DUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: August 10, 2011 SUBJECT: AWARD OF CONTRACT; Main Street Reconstruction 2011 Rick, This project is funded by a grant from the State of Alaska Department of Commerce, Community and Economic Development, Division of Community and Regional Affairs as part of the Main Street Reconstruction - Grant 09- DC214. This project is for the reconstruction of 400'LF of Main Street Loop between Highland Ave and the Kenai Spur Hwy including excavation of the frost susceptible material under the road surface and replacement of the curbs and sidewalks. Additive Alternate 1 replaces an additional 100' LF of damaged asphalt between Overland and Highland Avenue. On August 9, 2011 at 2:OOpm we received 3 bids for the above project. These bids have been reviewed and it was determined that North Star Paving & Construction, Inc was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds are available to complete the project. The attached Resolution 2011 -63 is recommending award of the contract to North Star Paving & Construction, Inc for the total bid cost of $151,131.00. 133 the thy ft KENAI. SKp CITY OF KENAI RESOLUTION NO. 2011 -64 Suggested by: Administratio A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ENGINEERING SERVICES FOR THE PROJECT ENTITLED KENAI MUNICIPAL AIRPORT MASTER PLAN 2010 TO WINCE - CORTHELL - BRYSON FOR THE TOAL AMOUNT OF $483,715.00. WHEREAS, Ordinance No. 2501 -2010 appropriated funds for Master Plan Project which is projected to have total project cost of $559,857.00 for Engineering and Construction. WHEREAS, the FAA will fund 95 %, the State of Alaska will fund 2.5 %, and the Airport Fund will provide 2.5 %. WHEREAS, it would be in the best interest of the City to award the contract to Wince - Corthell- Bryson; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the professional services project entitled Kenai Municipal Airport Master Plan 2010 be awarded to Wince - Corthell -Bryson Consulting Engineers for the total amount of $483,715.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August 2011. ATTEST: Corene Hall, Deputy City QIerk Approved by Finance: Jf _. PAT PORTER, MAYOR 134 Municipal Airport Memo "Sew the/O eatw- 1(.enaL' Peningth ' 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPPIONE 907,283-7951 FAX 907. 833737 To: Rick R. Koch - City Manager From: Mary Bondurant — Airport Mana Date: August 10, 2011 Subject: Professional Services Agreement — Master Plan Wince - Corthell -Bryson submitted a revised Statement of Services and Scope of Work on August 10, 2011, with City Administration's requested changes. It is my recommendation to proceed with the Airport's Master Plan effort and approve the professional services agreement to Wince - Corthell- Bryson. The City has received a grant from the FAA for this project and a resolution will be in the Council packet for the August 17, 2011 meeting. Thank you for your attention to this matter. Cc: Terry Eubank— Finance Director Kevin Lyon — Public Works / www.kenaiairport.com. 135 Memo the/grew:Pr• Kencw Penin&ula%' 305 K WILLOW ST. SURE 200 K@IAI, ALASKA 99611 TELEPHONE 907283-7951 FAX 907. 2833737 To: Rick R. Koch - City Manager From: Mary Bondurant — Airport Manager Date: August 10, 2011 Subject: Professional Services Agreement — Master Plan Wince - Corthell -Bryson submitted a revised Statement of Services and Scope of Work on August 10, 2011, with City Administration's requested changes. It is my recommendation to proceed with the Airport's Master Plan effort and approve the professional services agreement to Wince - Corthell- Bryson. The City has received a grant from the FAA for this project and a resolution will be in the Council packet for the August 17, 2011 meeting. Thank you for your attention to this matter. Cc: Terry Eubank — Finance Director Kevin Lyon — Public Works www.kenaiairport.com. 136 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION (ADEC) GRANT FUNDS FOR THE PROJECT ENTITLED "NEW WATER TRANSMISSION MAINS (PHASE IV) AND RELATED IMPROVEMENTS," AS THE CITY OF KENAI'S NUMBER ONE LOCAL STATE FUNDING PRIORITY FOR FISCAL YEAR 2013. WHEREAS, the City of Kenai through the State of Alaska, Department of Environmental Conservation requests grant funding under the Municipal matching grant (MMG) program; and, WHEREAS, the State of Alaska, Department of Environmental Conservation has requested that the City of Kenai identify if this project is the community's number one local state funding priority for fiscal year 2013; and, WHEREAS, existing and planned subdivisions along Beaver Loop Road are served by on -site water wells, the majority of which produce water with arsenic levels above the EPA water quality standards of lOppb, some as high as 200 ppb; and, WHEREAS, the construction of, and connection to the City of Kenai's water utility will eliminate health hazards associated with consumption of water with arsenic levels exceeding the EPA water quality standards. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, designates the New Water Transmission Mains (Phase IV), and Related Improvements as the City of Kenai's number one local state funding priority for fiscal year 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventeenth day of August, 2011. ATTEST: Corene Hall, CMC, Deputy City Clerk PAT PORTER, MAYOR the vie KENAI, ALASKA 141laiye with a Past, CI ty with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tllllt MEMO' • NDUM TO: City Council THRU: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: August 17, 2011 SUBJECT: Resolution 2011 -65 SFY 2013 ADEC Municipal Matching Grant Program The Administration recommends that the City Council approve the above- referenced resolution. The resolution designates the "Water Transmission Mains (Phase IV) and Related Improvements" as the City's number one local state - funded capital improvement project for FY 2013. This designation is significant because a project's designation as the number one project will assure that the project receives the maximum number of points in the ADEC's competitive grading system for the State's Municipal Matching Grant (MMG) program. A resolution is the required method for the City to make this designation. Time is of the essence due to the State's deadlines for its project evaluations under the MMG program. Thus, this resolution is presented as a lay down so that the City can meet the State's time requirements. If the resolution is not considered until the next City Council meeting on September 7, the designation will have no impact on the MMG project ratings by State officials. The project identified is: Water Transmission Mains Phase IV - Construct an additional municipal production well in the Beaver Creek well field and approximately 6,000 lineal feet of water transmission main along Beaver Loop Road beginning at Togiak Street and ending at a point between Ames Road and Angler Drive. This is phase one of the three phase project to construct a water main along Beaver Loop Road. This phase has a total project cost of $2,684,000 with a 70% ADEC matching grant fund request of $1,878,800. State of Alaska Department of Public Safety Alcoholic Beverage Control Board Sean Parnell, Governor Joseph A. Masters, Commissioner August 10, 2011 City of Kenai & Kenai Peninsula Borough Attn: City Clerk & Borough Clerk's Office VIA EMAIL: cfrcas(dci.kenai.ak.us & ssaner(inborouah.kenai..ak.us The Upper Deck — License #2993 ❑ New Application Transfer of Ownership ❑ Transfer of Location ❑ Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above listed licenses (see attached application documents) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated it the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11..420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. Alcoholic Beverage Control Board 5848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 137 AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. GIFFORD Director /s/ Cfn'ttine C Lambert Christine C. Lambert Business Registration Examiner 269 -0358 Christinelambert@alaska.gov Alcoholic Beverage Control Board 5848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 138 IIOMER KENAI Type: Beverage Dispensary - Tourism Lic #: ` 2993 DBA Name: The Upper Deck Premise Address: 305 North Willow Street, Kenai Owner: Upper Deck, LLC Mailing Address PO Box 149, Kenai, AK 99611 SEWARD SOLDOTNA KACHEMAK SELDOVIA OUTSIDE CITY LIMITS We have received application(s) for the above noted liquor license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.1 L480 is included. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. 139 Under AS O4.1.1.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS O4.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). if you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC .I04.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. GIFFORD Director /r/�.'.irearc C Gmbcrt Christine C. Lambert Records & Licensing Supervisor 269 -0359 Christine.lambert@alaska.gov 140 1 Alcoholic Beverage Control Board 5848 E Tudor Rd. Anchorage, AK 99507 This application is for 0 Seasonal - Two (r -tmmth periods im R3 Full 2-year period Transfer Liquor LIee Ise year of the biennial period beginning and. ending Mo/Day Mo /Day PAGE 1 OF 2 (907) 269 -0350 Fax (907) 272 -9412 www.dps.statc.ak.us /abc SECTION A - LICENSE INFORMATION. Must be completed for all types of applications. License Year: - License Type: 2010 -2011 , BEVERAGE DISPENSARY 'mum 5M Licenser?; 2993 to Ref Sec. 04.11.400 (d) FEES License -Fee: c Filing Fee: 5100.0(1 Local Governing 'Body: '(City, Borough or Unorganized) Community Council Nnine(t) & Mailing Address: City of Kenai City of Kenai 210 Fidalgo Ave. tent 41' 99611 Name of Applicant (, Corp/ LLC /LP/E.LP /In doh dna1JP'artncrsMph Upper Deck, LLC. Doing Business As (Business Nmne; The Upper Deck Fingerprint:.. ($34.25peepersoe) Total SubrnY,odsS 9et.1 Business TelephoneNmftber: (907)283 -2277 umber: :Mailing Address: P.Q. Box 149 City, State, Zip Kenai, AK 99611 Street Address or Location of Premise, 3&'N. Willow Street Kenai AIC99611 Brasil ..Address: SECTION S - TRANSFER INFORMATION. Regular Transfer Name and Matting Address of CUR /taWi'Licensee: ❑ Transfer with security interest: Any insuvmentexeuted undetAS Rosin Investments, aid 04.11.670 for purposes of applying' AS 04.11:360(4')(b)in. a. later 395 Fuullno[z Br. - 3alRotna, AK 99669 involtemny transfer. muIt be filed with fins Application. (15 AAC Easiness Name (dha) I26'FOREtransfer. 104.107): Real orpersonal property conveyed with this transfer must be { The Upper Beck described. Provide security: interest documents. ❑ Involuntary Transfix. Attach' documents which evidencedefault vmder Street Address or Locution BEFoREtransfer. AS 04, ftSltl. 305 N. Willow St. - Kenai, AK 99611 SECTION C ✓PREMIS'E,S TO BE LICENSED. Must bn:ommplercd forfELOCATION applications. Closest school pounds: I Distance meusuredurnder: 1 ❑ Premises is GREATER than 5Rmiles from' the boundaries of an I CAS 04.11.410 OR. t iuciupora daily, borough, oruoified ntunicipality. I C.LUeal ordinance Nos f 0 Premises is LESS' than 511 miles from the 'boundaries of an incorporate/icily, se ;:chuck: 1 Diistancrmiessureiu muter: hornug1., :orumfle(S mnrdeipaisvy. 0 AS 04.11.410 OR ❑ Not applicable ❑ Plana submiued to Fire Marshall: (reyuirea for new k,.p ❑ Diagram nfprenisn. attach ❑ Local ordinance.Ne. Premises to be licensed is: ❑ ?mooted building i'Existingfacility 0 New building' Does any individual, corporate office, director,.htmted iiahility organic. in inly 'other alcoholic beverage - business he nsud in Al aslui erany other st r4cut. I.!: i `- rwM' &8i _ ❑ Yes S ;Nit IfYes. complete thamilowing. Attach additional sheets if necessary . Name .1 Name. of Business I Type of License number, manager or Du usersss:S'treet Address Has anyindlviduat oorpoaatetlilsoer clacker: limited liability- an Mr, mar,agrkr parker named in this application bee convicted ol't.felony, a violation MILS 04 og been cnnviob%1 as a licensee. of manager of Iinezise'd :rc mses'b another stateaf the haunt laws of Mat state? I Dirk_ e 0 Yes [,'( Nei fSoh, attach wnnui exnatneticir Date Approved iDirector'v Signatur 1 141 Alcnhoiic &eVerage Control Board 5848- E Tudor Rd Anchorage A.K. 99507 PH: 907 269 -0350 - EX: 907 272 -9412 Ligtmr i'cens'e: PAGE 2 -oi'2 Licensee Information w.dps.state,ak.us/abc Corporations. LL s, L: nt LPs must be rexdstered ■vith the Dent of Community. and EcononiicDevekrpmenf. Name of ( Corporation /LLC /L'LF /LV) (or N /Adfan hrdivlduai owneKehip): Upper Deck LLC. Telephone Number: I Fax Number: (907) 283 -2277 Corporate.Mailing Address: P.C,Box 141 City: Kenai State: 1 Zip Code: AK. 94651 TFame ;Mailing Address and Totephone' Numb er'a4"Registered Agent: 3htnes te, Buf9ef 11'E ( 907 )''2&i -7167 825 N. Willow. St. Kenai, AK 99611 Date' oftneorpotaiien OR State - orhroorporation: Certification with DCED: 05/25/2011 .Alasiea Lb the Entity in compliance vrnh the reporting mquiremenix.of Title 10 of the Alaska Statute ,' ❑ -Yes ❑ No ES no. attach wniren explanation. Your entity nest be in compliance with Title 10 of the Alaska Statutes to be a valid liquor lie enscc. Demo/ Home Phone: Work Phone: Entfty Memdiers '_I'.4duvCinclude ,President. Secretaiy. Treasurer. Vice-President, Menaeerand Shin eholdder /Member with at least. 10%) NSnne 'edit; % Home Address &. Telephone Number Wnrk Tel hone Date of Birth uP f Number I Rodney Allen Peterkin I Organizer 100 P.0: Box l49 Eenai, hR l94 tl.. (9tl7) }9g -1$78 1 (907)3984578 .. ffi 1 I l 1 NOTE: On a- sepa ittioxtnatiamun ownership other orparir<ed entities that arc sitnrehoiders of theieerrsee. divfdua1L4censees /Atiziiates (The ASC Board defines att'"A' spouse or signifi cant other of iicensce. Each Affrliatecan Name: Appiteatxt LJ 1 Address: Affiliate ❑ Name: Address: F7ome1,pone: . Work'Phone: ' Applicant O Affiliate ❑ t Date orBfrth Home Phone: Work Phone: Date or Bath: Name: j Applicant ❑ Address: Affiliate ❑ Name: Address; Boma Photxe: Work Phone: Applicant ❑ Affiliate ❑ Demo/ Home Phone: Work Phone: Dace of Birth: Declaration ' I deolaro under penally ' of pe< JOty That There examined this application, including , the, aecompanyingsohalates and alatemantx, and to thebest of ins knowledge and belief itrs tale, correct and: complete, and this application is notin violation of any'Seoulit'y interest or other eontracted.abbgations, e thereby certify tlmt there havcbeen.no changes in officers or stockholders that not been reported to theAlcohdlio Beverage. Control Board. The undersigned codifies on behalf oftbe- erganiaed entzty,.it is understood that a misreprNsentafioa of tact itesus° Mr rejection of this application or revocation of any license issued. i finther certify that I have read. and an famvliar with Title 4 of die Alaska statutes Witt its revelation, andthatin aeen c with AS 04.11.450, no person other . than the lfcensee {s) has:'any direct or financial interest in tits licensed business. e I agree to provide all information required by theAlcbtwlic Beverage:Conhvl Boni :in suppnni ofth95ntrptication. fEionature -of Signature Stgnat Signature o£Transfe Signanrre leIP Scott Rosin aresit Subscribed and swum: Notary Public in an ter ea Title (Please Pont) - .Rodney Allen Peterldn. Organizer —Upper Dee this 'Pinwrg7ublicdnand for thc!Srate TssnsCerApp3 /09 142 MINUTES KENAI CITY COUNCIL - REGULAR MEETING AUGUST 3, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER Council Member Molloy called the meeting to order at approximately 7:03 p. MOTION: Council Member Gabriel MOVED to nominate Joe Moore President Pro Tempore and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED. Council Member Moore took the gavel as President Pro Tempore and chaired the meeting from that time. A -1. Pledge of Allegiance President Moore led those assembled in the Pledge of Allegiance. A -2. Roll Call There were present: President Pro Tempore Joe Moore, Robert Molloy, Terry Bookey, Brian Gabriel, Ryan Marquis (telephonic) and Mike Boyle (telephonic), comprising a quorum of the Council. Absent was: Mayor Pat Porter A -3. Agenda Approval President Moore read the following addition to the agenda. ADD TO: MOTION: Information Items Article -- Anchorage Waters Hit by Illegal Kenai Salmon Dumping Council Member Molloy MOVED to approve the agenda as amended with the additions to the packet as requested and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. 143 KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 2 A -4. Consent Agenda MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B -1. Marilyn Kebschull, City Planner -- 2011 Comprehensive Plan Update. City Planner Kebschull reviewed the update included in the packet, noting the Council . would need to approve the Comprehensive Plan and recommend approval to the Kenai Peninsula Borough Planning Commission and the Assembly. Kebschull reported an online survey would be available in mid August. ITEM C: ITEM D: D -1. MOTION: UNSCHEDULED PUBLIC COMMENTS -- None. PUBLIC HEARINGS Ordinance No. 2569 -2011 -- Increasing Estimated Revenues and Appropriations by $1,666 in the General Fund for a Library Grant. Council Member Gabriel MOVED to enact Ordinance No. 2569 -2011 and Council Member Molloy SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2570 -2011 and Council Member Gabriel SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANmOUSLY. D -3. Ordinance No. 2571 -2011 -- Increasing Estimated Revenues and. Appropriations by $480.00 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City of Kenai. 144 KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 3 MOTION: Council Member Bookey MOVED to approve Ordinance No. 2571 -2011 and Council Member Gabriel SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2572 -2011 -- Increasing Estimated Revenues and Appropriations by $1,000,000 in the Municipal Roadway Paving Capital Project Fund for a State Grant. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2572 -2011 and Council Member Gabriel SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2573 -2011 -- Increasing Estimated Revenues and Appropriations by $80,901 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2011 Personal Use Fishery. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2573 -2011 and Council Member Molloy SECONDED the motion. There were no public comments. Council Member Gabriel inquired about bacteria levels. City Manager Koch reported there were a number of readings that exceeded safe levels of contamination. Council Member Gabriel inquired as to whether the stages of the tide affected the readings. City Manager Koch reported he was not certain, but assumed they did President Moore inquired about the City Water Treatment Facility. City Manager Koch reported the city complied with EPA water quality standard levels and noted the discharge was several thousand feet offshore, VOTE: MOTION PASSED UNANIMOUSLY. D -6. Ordinance No. 2574 -2011 -- Increasing Estimated Revenues and Appropriations by $72,552 in the Anadromous Fish Protection Capital Project Fund for the Receipt of a Grant from the State of Alaska Department of Fish and Game, Division of Sport Fish, to Fund Efforts to 145 KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 4 Control Invasive Reed Canary Grass on the Kenai River, Beaver Creek, Slikok Creek, and Johnson Lake. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2574 -2011 and Council Member Molloy SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -7. MOTION: Resolution No. 2011 -62 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Identify Fees in Consideration of Applications for Amendments to the Kenai Zoning Code or Official Zoning Map or Consideration of Applications for Variance, Conditional Use or Encroachment Permits. Council Member Bookey MOVED to approve Resolution No, 2011 -62 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. *Regular Meeting of July 20, 2011 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There was no public comment. VOTE: MOTION PASSED UNANDMOUSLY. G -2. Approval of Purchase Orders Exceeding $15,000 -- None. G-3. *Ordinance No. 2575-2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. 146 KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 5 Introduced and set for public hearing on August 17, 2011 by approval of the Consent Agenda. G -4. *Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. Introduced and set for public hearing on August 17, 2011 by approval of the Consent Agenda. G -5. Action /Approval -- Vacate Upland Way, a 15.8 foot wide Public Right -of- way Adjacent to and Dividing Lots 9, 10, 11, 21, 22, and 23 Block 5; and Vacate Overland Way, a Public Right -of -way of Varying Widths Adjacent to and Dividing Lots 3, 9, And 21 from Lots 4, 8. 19 and 20 Block 5, Dedicated by Townsite of ICenai U. S. Survey 2970A; and Vacate the Associated Utility Easements all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough, KPB File 2011 -079; Location: City of Kenai. MOTION: Council Member Bookey MOVED to approve the vacation and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Administration reviewed the plat map included in the packet. VOTE: MOTION PASSED UNANIMOUSLY. G -6. Discussion -- Reschedule Work Session -- Clerk Recruitment After brief discussion, the work session was rescheduled for Monday, August 29, 2011 at 6:00 p.m. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Council Member Molloy reported the next meeting would be August 11, 2011. H -2. Airport Commission -- Council Member Marquis reported the next meeting would be August 11, 2011. H -3. Harbor Commission -- Council Member Gabriel reported the August 8 meeting had been cancelled and the next meeting would be September 12, 2011. 147 KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 6 11-4. Library Commission -- Council Member Marquis reported the August 2 meeting had been cancelled and the next meeting would be September 6, 2011. 11-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be August 4 and Council Member Bookey would attend in his place. 11-6. Planning &Zoning Commission -- Council Member Marquis reported on the July 27, 2011 work session and agenda items. 11-7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee -- No report. 11-7 -b. Alaska Municipal League Report -- No report. H -7 -0. Mini -Grant Steering Committee -- No report. 11-7 -d. Kenai Convention & Visitors Bureau -- No report. H -7 -e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR -- No report. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch thanked the entire staff for their work during the personal use Fishery and reported he would pass on the Planning and Zoning Commission's request for legal opinion to the City Attorney. J -2. Attorney -- No report. J -3. City Clerk -- Deputy City Clerk Hall reported nominating petitions for the October election were available in the Clerk's office and two packets had been taken. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments -- None. K -2. Council Member Comments Council Member Gabriel thanked the staff for their work during the dip net season; reported Inlet Fisheries had issues with the road being blocked during the personal use fishery and boats tying up to their dock and buoys; and, congratulated the Peninsula Oilers baseball team on their season. 148 KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 7 Council Member Bookey echoed the thanks to the staff for their work during the personal use fishery and reported he thought the cleanup efforts were the best to date. Council Member Molloy agreed with his colleagues and thanked Courtney Stroh's "ROC the Kenai" crew for their beach cleanup work. Molloy also noted citizens who lived on Toyon had seeded the bluff and were concerned with damage during the personal use fishery; signage was suggested. President Moore echoed compliments to the City administration on the personal use fishery and suggested requesting help from the State and Board of Fish on enforcement and cleanup. City Manager Koch reported he had seen increased enforcement this year. EXECUTIVE SESSION -- Discussion regarding pending litigation and strategy and a matter of which immediate knowledge could have an adverse effect on the finances of the City -- Tammy Spillman v. City of Kenai. MOTION: Council Member Molloy MOVED the Council convene into Executive Session and requested the City Manager attend. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. BREAK: 8:10 P.M. BACK TO ORDER: 8:30 P.M. Council Member Molloy reported the Council met in Executive Session and gave direction to the City Manager and City Attorney. ITEM L: ITEM M: PENDING LEGISLATION ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:31 p.m. Minutes submitted by: Corene Hall, CMC, Deputy City Clerk 149 PURCHASE ORDERS OVER $15,000,00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: AUGUST 17, 2011 VENDOR DESCRIPTION pEpT. ACCOUNT NC MACHINERY SNOW GATES FOR GRADERS STREETS PRECIOUS JANITORIAL SERV. FY12 JANITORIAL SERVICE LIBRARY INCREASE OF EXISTING PURCHASE ORDER VENDOR MACHINERY & EQUIPMENT REPAIR & MAINTENANCE AMOUNT 16,456 00 16,788 00 DESCRIPTION Cn 0 WINCE, CORTHELL, BRYSON OBSTRUCTION REMOVAL PROJECT NELSON ENGINEERING AMENDMENT NO. 1 P.O. # DEPT, REASON AMOUNT TOTAL PO AMT ADDITIONAL TREE 95910 - NP IMPROVEMENTS REMOVAL 8,000.00 35,000.00 ENG. SERVICES FOR 6,1276 - MUNICIPAL ROADWAY SPUR VIEW PARKING PAVING LOT PAVING IMPS. 13,095,00 33,705.00 thcciy of KEN ALASKA "Villfaye with a Past, a with a Future° 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: 11 August 2011 SUBJECT: Janitorial Contract On the basis of bids submitted in response to the Request for Bids issued by the city for janitorial services at the library for one year; Precious Janitorial is the lowest responsible bid and award to this bidder would be in the best interest of the City. Sufficient monies are appropriated. The following bids were received on August 10, 2011: BIDDER TOTAL BASIC BID Arestad Industrial Maintenance $18,720.00 Sylvia Trevino/Precious Janitorial S16,788.00 Michael Olender/ Coastal Painting S57,600.00 Tim's Janitorial S93,000.00 1992 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2577 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,226 IN THE AIRPORT FUND AND BY $89,053 IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR CAPITAL IMPROVEMENTS. 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 $89,053; 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, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 2,226 Increase Appropriations: Transfer to Capital Project Fund $ 2,226 Airport Improvements Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund Federal Grants State Grants $ 2,226 $84,601 $ 2,226 Increase Appropriations Engineering $8,000 Construction $81,053 8 053 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th. day of August, 2011. PAT PORTER, MAYOR 152 Ordinance No. 2577 -2011 Page 2 of 2 ATTEST: Corene Hall, Deputy City /"Clerk Approved by Finance. R';( 153 Introduced: August 17, 2011 Adopted: September 7, 2011 Effective: September 7, 2011 Memo 8L c34 fla /yl Gate.. I Kenai: Peninsular 305 N. WILLOW ST. SUITE 200 KEN AI, ALASKA 99611 TELEPHONE 907- 283-7951 FAX 907 - 283-3737 To: Rick R. Koch- City Manager From: Mary Bondurant — Airport Man Date: August 10, 2011 Subject: Ordinance No. 2577 -2011 The above ordinance is necessary to cover additional professional services performed by the Airport consultants, Wince - Corthell- Bryson, on the Apron Rehabilitation Project and costs associated with final change orders and the close out process. The FAA allows the City to amend grants upwards of up to 15% for work items identified as being directly or incidentally related to its projects. The FAA has reviewed the revised apron engineering budget and construction costs and concurs with the Change Order No. Nine. Attachment www.ci.kenai.ak.us. 154 Mary Bon,' rant From: eric.g.helms ©faa-gov Sent: Monday, August 08, 2011 11:46 AM To: Casey Madden Cc: Kevin Lyon; Mary Bondurant Subject: Re: kenai Apron Final Change Orders Casey, Thanks for the information. FAA concurs with the changes. G. Eric Helms Project Manager Alaska Region Airports Division AAL -622 907- 271 -5202 From: "Casey Madden" <cmadden/rhuv baG laska.cam> Ta: Eric G Hefms/AAIJFAA@FAA Cc: "Kevin Lyon" <klvonaci.kenaLak.us >, "Mary Bondurant" <mbondurant(aci.kenai.ak.us> Date: 08/05/2011 01:27 PM Subject; Kenai Apron Final Change Orders Eric Mary and Kevin asked me to forward the Final Balancing Change Order for the Construction Contract as well as my memo requesting a final increase to the Engineering PO to complete the Close Out for review and approval I have also attached our summary of costs for the two grants Casey Madden, P.E. Principal Engineer Wince- Corthel l- Eryso n Phone: (907) 283 -4672 Fax: (907) 283 -4676 E -mail: cmadden(a7wcbalaska.com [attachment "July Project Report Memo.doc" deleted by Eric G Helms /AAL /FAA] [attachment "Change Order 9.xlse deleted by Eric G Helms /AAL /FAA] [attachment "ACCOUNT REVIEW 7- 30- 11.xls" deleted by Eric G Helms /AAL/FAA] 155 the try u f KENAI ALASKA %s lave with a Past, City with a Fatrt 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 MFtMO: TO: Rick Koch, City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: July 28, 2011 SUBJECT: Home Electric Easement for the Kenai Water Treatment Facility Homer Electric Association (HEA) has requested a small utility easement at the Well 2 site on Shotgun Drive to access the new underground service for the new water treatment facility. This electrical service is required for the operation of the facility. Because the grant of an easement is legally a "disposal" of City owned property, KMC 22.05.010 requires the City Council to declare that the subject lands are not needed for a public purpose This easement gives HEA the right of ingress and egress together with the right to construct, reconstruct, repair, rnaintain, operate and patrol for the transmission and distribution of communication services and electric current. . This memo requesting that the Council find that the easement area, is not needed for public purpose, if council wishes to make that declaration, it could use language which might read as follows: 1 move that the easement area located within the Well 2 site described in the Utility Easement to Homer Electric Association, Inc. is not needed for public purpose and authorize the City Manager to grant the easement on behalf of the City. 11 e UTILITY EASEMENT Grantor, CITY OF KENAI, an Alaskan home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611, for good and valuable consideration of the sum of $10.00 in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to Grantee HOMER ELECTRIC ASSOCIATION, INC., with an address of 280 Airport Way, Kenai, AK 99611, and its successors and assigns, a non - exclusive utility easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, electric and telecommunication transmission lines, wires, cables, and other necessary appurtenances for the transmission and distribution of communication services and for the transmission of electric current, under lands which the Grantor owns or in which the Grantor has an interest, and to construct, reconstruct, maintain, operate, inspect, alter, repair, upgrade and replace an above- ground transformer upon those same lands, all situated within the City of Kenai, Kenai Recording District, Third Judicial District as follows: An area of land embracing 69 square feet, more or less within a portion of Alaska State Land Survey (A.S.L.S.) No. 76 -118 according to plat number 79 -169 Kenai Recording District (KN) situated in the SE '4 Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska, City of Kenai, the Kenai Peninsula Borough and more particularly described as follows from the Point of Beginning: Commencing at corner number 1 of A.S.L.S. No. 76 -118, owned by the City of Kenai, identical to the southwest property corner of said parcel, marked 3 1/4" diam. alum. cap per plat of record KN 79 -169, thence N 52 °43'09" E 280.08 ft. across said parcel to a point along the easterly side of an existing utility easement, 20 foot in width (10 feet each side of the existing U.H. electric line) to the Point the Beginning; THENCE S 43°35'14" E Length: 6.40 ft across said City of Kenai parcel to C2; THENCE N 46 °24'46" W Length: 10.00 ft, across said City of Kenai parcel to C3; THENCE N 43°35'14" W Length: 7.48 ft. across said City of Kenai parcel to the point of intersection with the existing utility easement 1.0ft. easterly of the existing O.H. electric line being C4; THENCE S 40 °16'37" W Length: 10.06 ft. along a line common with the easterly utility UTILITY EASEMENT Page 1 of 3 L:\ Easements \HEA.easement.shotgun.071 S 11 157 easement line to the Point of Beginning. This easement area is shown on the map attached hereto and marked as Exhibit A. If there is any conflict between the above description of the easement and Exhibit A, the above description of the easement shall govern. This easement is given to the Grantee, its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement. Grantee hereby agrees to repair all damage to lawns, trees, fences, driveways, sidewalks, roads, and any and all other improvements which may exist now or in the future, which damage which may arise from the construction, maintenance, repair, replacement, or operation of any improvements of the Grantee. In the event the Grantee must work or excavate in the area of the easement, after construction of irnprovements permitted by this easement, then Grantee, at its own expense, shall promptly upon completion of its work, repair and /or replace the improvements disturbed in a neat, professional manner compatible with the adjacent, undisturbed improvements and similar to the condition of the improvements prior to their disturbance by Grantee. Grantee must provide Grantor ten (I0) days' advance written notice of Grantee's intent to enter the easement area unless otherwise agreed by Grantor. Any entity to whom Grantee is legally or contractually obligated to allow the use of Grantee's easements is permitted the right of ingress and egress for Grantee's utility purposes as stated herein, subject to the same notification requirements as Grantor. The Grantor is to fully use and enjoy said premises except for the purposes herein granted to the Grantee. Grantor warrants and covenants that Grantor is the owner of the above_ described land and that Grantee shall have quiet and peaceful use of the easement subject to the uses and conditions herein. DATED this day of August, 2011. GRANTOR: CITY OF Iv NA,I Fay: Rick Koch UTILITY EASEMENT Page 2 of 3 LA Easements HEA.eas ement shotgun.07181 1 158 Its: City Manager STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of August, 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for the State of Alaska. My Commission Expires: ATTEST: Corene Hall, Deputy City Clerk SEAL: APPROVED AS TO FORM: �j Knsta S. Stearns, City Attorney AFTER RECORDING RETURN TO: Horner Electric Association, Inc. 280 Airport Way Kenai, AK 99611 UTILITY EASEMENT Page 3 of 3 L:\ Easements \HEA.easement. shotgun.071 81 1 159 Farrel [0 0x103034 Inc Address 420 SHOTGUN DR Legal T GM R L1 W SEC 36 SEWARD MERIDIAN KN 0760166 ALASKA STATE LAND SURVEY 76 -118 AO 72801 Acreage 7.59 Owner KENAI CST( OF A enton B rIA 79 n F70AI pC, ANF STF ?f ( KPB Parcel Viewer Printed: Jul 26, 2011 160 161 HEA Easement for Kenai Water Treatment Facility Subject Area 162 PENDING APPROVAL KENAI AIRPORT COMMISSION AUGUST 11, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: Chair H Knackstedt, J. Zirul, J. Bielefeld, G. Feeken, L. Porter R. Rogers (excused), E. Mayer Airport Manager M. Bondurant, Council Member T. Bookey A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- July 14, 2011 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary of July 14, 2011 and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. PERSONS SCHEDULED TO BE HEARD -- None. OLD BUSINESS Discussion -- Airport Regulations -- Chapters 3.05 - 9.05.080 Airport Manager reported the Commission reviewed chapters 3.05 through 5.05; comments and changes were noted and would be included in a draft document for Administration to review. ITEM 6: NEW BUSINESS -- None. 163 ITEM 7: REPORT 7 -a. Commission Chair -- No report. 7 -b. Airport Manager -- Bondurant reported the following: • The Runway Safety Action Team's visit on August 16. • The Airport Master Plan was moving forward. • She would be writing a grant for Phase lI purchase of new snow removal equipment. 7 -c. City Council Liaison -- Council Member Bookey reviewed the action agenda items of the August 3, 2011 meeting and updates to the Comprehensive Plan ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. September 8, 2011 No commissioners requested an excused absence from the September 8, 2011 meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Bielefeld noted the local EAA chapter had been given a small bi -plane that could be displayed in the airport and reported the S75 fuel Iimit needed to be increased at the float plane basin. Bondurant reported she was working on the issue.. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION ITEMS 11 -a. Article -- Airport Report Today 11 -b. July 2011 Enplanements 11 -c. July Float Plane Basin Activity 114. Airport Manager's Report -- July 2011 11 -e. Airport Permanent Fund June 2011 Report ITEM 12: ADJOURNMENT MOTION: Commissioner Bielefeld MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. AIRPORT COMMISSION MEETING AUGUST 11, 2011 PAGE 2 164 There being no further business before the Commission, the meeting was adjourned at approximately 8:54 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 165 AIRPORT COMMISSION MEETING AUGUST 11, 2011 PAGE 3 PENDING APPROVAL KENAI PARKS & RECREATION COMMISSION AUGUST 4, 2011 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR AL HULL, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Hull called the meeting to order at approximately 7:08 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: No quorum was present. ITEM 2: ITEM 3: 3 -a. ITEM 4: 4 -a. ITEM 5: 5 -a. 5 -b. ITEM 6: ITEM 7: 7 -a. 7 -b. 7-c. ITEM 8: 8 -a. Chair A. Hull C. Stephens, J. Beeson, K. McDonald, G. Oliver, J. Wilson, R. Lambourn Parks and Recreation Director B. Frates, Council. Member T. Bookey AGENDA APPROVAL APPROVAL OF MEETING SUMMARY April 7, 2011 PERSONS SCHEDULED TO BE HEARD Nancy Casey, Casey Planning and Design -- Trail Planning OLD BUSINESS Discussion -- Indoor Turf Facility Discussion -- Cemetery NEW BUSINESS REPORTS Commission Chair Director City Council Liaison NEXT MEETING ATTENDANCE NOTIFICATION Schedule September Special Meeting -- Trails, Goals and Objectives 166 ITEM 9: COMMISSION OUESTIONS Ss COMMENTS ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEM 12: ADJOURNMENT Due to lack of quorum, the meeting was adjourned at approximately 7:10 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PARKS AND RECREATION COMMISSION MEETING AUGUST 4, 2011 PAGE 2 167 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 27, 2011 7:00 P.M. CHAIR PRO TEMPORE PHIL BRYSON, PRESIDING MINUTES As there was no chair or vice chair present, Phil Bryson agreed to serve as Chair Pro Tempore. ITEM 1: CALL TO ORDER Chair Pro Tempore Bryson called the meeting to order at approximately 7:08 p.m. 1 -a. Pledge of Allegiance Chair Pro Tempore Bryson led those assembled in the Pledge of Allegiance. 14. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. Agenda Approval Chair Pro Tempore P. Bryson, H. Knackstedt, K. Koester, T. Navarre, K. Rogers J. Twait, S. Romain City Planner M. Kebschull, Planning Administrative Assistant N. Carver, Council Member R. Marquis, Deputy City Clerk C. Hall MOTION: Commissioner Knackstedt MOVED to approve the agenda as presented and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Navarre MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Rogers SECONDED the motion, There were no objections. SO ORDERED. 1 -e. *Excused Absences 168 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 -- July 13, 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 6 -a. PZ11 -24 - A resolution of the Kenai Planning & Zoning Commission recommending the Council of the City of Kenai name an unnamed street. (Unnamed right -of -way located east of Kenai Airport proper.) Postponed on July 13, 2011. City Planner Kebschull reviewed the staff report included in the packet. Bryson opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. 6 -a -1. PZ 11-24 Substitute- A resolution of the Kenai Planning &, Zoning Commission recommending the Council of the City of Kenai name an unnamed street. (Unnamed right -of -way Located east of Kenai Airport proper.) MOTION: Commissioner Koester MOVED to amend Resolution No. PZ11 -24 by SUBSTITUTION. Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: Commissioner Navarre requested UNANIMOUS CONSENT. There were no objectio SO ORDERED. ITEM 7: NEW BUSINESS 7 -a. *PZ11 -29 - An application for a Home Occupation for a Daycare for the property known as Lot 11, Block U, Woodland Subdivision Part 4 (700 PLANNING AND ZONING COMMISSION MEETING JULY 27, 2011 PAGE 2 169 Poplar Circle), Kenai, Alaska. Application submitted by Danielle Edwards -Dean dba Danielle's Daycare, 700 Poplar Circle, Kenai, Alaska. Approved by consent agenda. 7 -b. Discussion /Set Public Hearing -- A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council arnend Kenai Municipal Code 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential RR -1 Zoning District. (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 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.) Kebschull reviewed the memo included in the packet. Commissioner comments included: • Not sure if they are ready to present an option to Council. • Agreed that a hearing date should be set. Noted they had not received a legal opinion as requested. Suggested at least two more work sessions. Kebschull clarified the process mandated by Council. MOTION: Commissioner Navarre MOVED to request Council give Commission additional time to work on Ordinance No. 2546 -2011 in order to receive recommendations at the October 5, 2011 Council meeting. Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. MOTION: Commissioner Navarre MOVED to bring Resolution Option 1 forward for public hearing at the next meeting (August 10, 2011). Commissioner Knackstedt SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 7 -c. Discussion -- "Imagine Kenai 2030" - City of Kenai Comprehensive Plan Update - Public Outreach and Participation Plan Kebschull introduced Eileen Bechtol, who reviewed the draft Public Outreach and Participation Plan. PLANNING AND ZONING COMMISSION MEETING JULY 27, 2011 PAGE 3 170 Bechtol noted after public participation, the plan would look at goals and objectives, transportation and land use tables. Kebschull noted the 2003 Comprehensive Plan did not document public participation. Commissioner Navarre requested a timeline for the plan. Bechtol agreed to bring one forward. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9 -a. City Council -- Council Member Marquis reviewed the action agenda of the July 20, 2011 City Council meeting which was included in the packet, noting the junk vehicle ordinance had been postponed and ordinances fell off the table after the election. 9 -b. Borough Planning -- Commissioner Bryson reviewed the agenda of the July 18, 2011 meeting which was included in the packet. 9 -e. Administration -- None. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS -- None. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. August 10, 2011 No Commissioners requested an excused absence from the August 10, 2011 meeting ITEM 13: COMMISSION COMMENTS as QUESTIONS -- None. ITEM 14: ADJOURNMENT MOTION: 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 8:11 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JULY 27, 2011 PAGE 4 171 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION AUGUST 10, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 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: Chair J. Twait, H. Knackstedt, K. Koester, K. Rogers, T. Navarre, P. Bryson S. Romain City Planner M. Kebschull, Administrative Assistant N. Carver, Council Member B. Gabriel, Deputy City Clerk C. Hall A quorum was present. 1 -c. Agenda Approval Commissioner Navarre noted the following addition to the agenda: ADD TO: 5 -b. PZ06 -26 Email from Stew Voth, Captain Bligh's Beaver Creek Lodge MOTION: Commissioner Navarre MOVED to add the following: 7 -13. Discussion -- Outdoor Wood Burning Boilers. Commissioner Koester SECONDED the motion. There were no objections, SO ORDERED. MOTION: Commissioner Navarre MOVED to approve the agenda as amended and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 172 1 -d. Consent Agenda MOTION: Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by consent agenda. ITEM 2: *APPROVAL OF' MINUTES -- July 27, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ11 -31 - A replat of Lot 1 and Lot 2 Enchanted Forest Subdivision Plat No. 84 -116. Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite # 10, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ11 -31 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet and recommended approval with no contingencies. MOTION: Commissioner Navarre MOVED to amend PZ11 -31 by adding the contingency to correct the spelling of Princess on the plat and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -30 - A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential RR -1 Zoning District. (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 changing many "Conditional Uses" to uses "Not PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 2 173 Permitted," and providing for certain "Conditional Uses" for properties along the Kenai Spur Highway within the RR -1 zoning district.) MOTION: Commissioner Bryson MOVED to approve PZ11 -30 and Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet. Twait read the rules of public speaking and opened the meeting to public hearing. Charles Winegarden, 309 Princess -- thanked the Commission for their work, noting areas of agreement and disagreement. Colleen Ward, 708 Magic -- spoke against the resolution, and in favor of the Council ordinance. Commissioner Navarre asked Ward if she believed part of the land use table should be presented to the Council without the entire table. Ward answered yes. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: Navarre reported he was in favor of working through all parts of the Land Use Table rather than each area separately before forwarding it to Council. Koester spoke against moving forward until all work was done. Bryson noted 67% of the RR1 zone was more restrictive, with 40% changed to not allowed. He suggested a public hearing at the Council . level. Knackstedt noted he would like to continue working on the Land Use Table as a whole. MOTION: Commissioner Knackstedt MOVED to postpone PZ11 -30 until the Planning and Zoning Commission is prepared to make recommendations to Council with the understanding that the Planning and Zoning Commission is dedicated to completing the Land Use Table in its entirety. Commissioner Navarre SECONDED the motion. VOTE ON POSTPONEMENT: Knackstedt YES Koester YES Rogers YES Navarre YES Twait YES Bryson NO Romain ABSENT PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 3 174 MOTION PASSED. 5 -b. PZ06 -26 - A public hearing to consider revocation of Conditional Use Pei,uits for Cabin Rentals, Lodging & Guide Service, for the properties known as Lots 4 & 5, Angler Acres Subdivision Part 3 (1035 & 1045 Angler Drive). At the August 11, 2010 meeting, the Commission postponed revocation action for 1 year to provide an opportunity for the permit holders to comply with conditions of the permits. Properties are owned and operated by Rick & Steve Voth, Captain Bligh's Beaver Creek Lodge, 1035 Angler Drive, Kenai, Alaska, MOTION: Commissioner Bryson MOVED to amend Resolution No. PZ06 -26 by substitution. Commissioner Koester SECONDED the motion. Administrative Assistant Carver reviewed the staff report included in the packet, noting the addition of the lay down and noting the property was in full compliance at present, Kebschull recommended dismissal under Finding No. 18 in Resolution No. PZ06 -26: • That the Commission dismisses the revocation and the permit will continue to operate under the requirements of KMC 14.20.150(g), and the following specific requirements: Lodging, Guiding, Use restricted to 3 guide boats, continue enforcement of house rules for properties. MOTION: Commissioner Navarre MOVED to correct the typographical error on page 33 and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. ITEM 6: UNFINISHED BUSINESS -- None. ITEM 7: NEW BUSINESS 7 -a. Discussion -- Setting special meeting to hold a work session to continue review of Land Use Table. BREAK: 7:46 P.M. BACK TO ORDER: 7:47 P.M. Commissioner Koester expressed concern with items falling off the table at the Council level after the October election, and recommended holding a work session to continue work on the Land Use Table. Deputy Clerk Hall read Kenai Municipal Code 1.15.050(e) into the record. PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 4 175 After brief discussion, a work session was set for August 16, 2011 from 6:00 to 9:00 p.m. with a light meal provided. 7 -b. Discussion -- Outdoor wood Burning Boilers MOTION: Commissioner Navarre MOVED to request City Council enacts a moratorium on the construction and use of outdoor wood burning appliances and structures within the residential zoning districts of the City of Kenai. The moratorium shall not include the casual use of grills or outdoor ovens used for preparation of food. Commissioner Knackstedt SECONDED the motion. Navarre reported he wanted to protect the public and environment. Kebschull reported on the time table of the draft ordinance. Koester requested clarification of legality of a moratorium. Kebschull reported they must be time specific and serve a public purpose. Twait opened the hearing to public comment. Kristine Schmidt, 513 Ash Avenue -- suggested a nuisance ordinance regarding smoke rather than a moratorium on wood burners. There being no one else wishing to speak, the public hearing was closed. Bryson reported he believed a moratorium was premature. Navarre withdrew his motion. MOTION: Commissioner Navarre MOVED to request City Council enacts a moratorium on the construction and use of outdoor wood burning boilers. MOTION FAILED FOR LACK OF SECOND. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9 -a. City Council -- Council Member Gabriel reviewed the action agenda items from the August 3, 2011 Council meeting which were included in the packet, and commended the Commission on their work on the Land Use Table. 9 -b. Borough Planning -- Commissioner Bryson reviewed the agenda of the PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 5 176 August 11, 2011 Borough Planning Commission meeting. 9 -c. Administration -- Kebschull reported she would be out of town until September 8, 2011 and Administrative Assistant Carver would be in charge, and noted zoning map updates would be on the August 24 agenda with the recommendation that Council adopt the changes. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS -- None. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. August 24, 2011 No commissioners requested an excused absence from the August 24, 2011 meeting ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre thanked Council members for attending the meetings and thanked the Commission for their work on the Comprehensive Plan ITEM 14: MOTION: ADJOURNMENT Commissioner Knackstedt MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:33 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 6 177 MEMO: e with a Past, Gity with a Future" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 TO: City Council IFROM: Rick Koch DATE: August 11, 2011 SUBJECT: Unsolicited Offer to Purchase City Property — Millennium Square The purpose of this correspondence is to provide information to the Council regarding the receipt of an unsolicited offer to purchase City property. Robert Nash and /or assignees have submitted the attached unsolicited offer of $350,000 to purchase T5N R11W Sec. 5 Seward Meridian AK, FAA Tract consisting of 3.22 acres. This property is one of three tracts which comprise the area known as Millennium Square, specifically the tract presently utilized as a soccer /rugby /football field. beg lijJ11 199? The Borough Assessment is $250,300 for the property, and I estimate the appraised value to be at least $350,000. The process established in code for the purchase of City property was not followed by Robert Nash and /or assignees (a for profit entity /entities), however, i did not want to have Mr. Nash go through a more formal process as it is my intent to reject the unsolicited offer. The property is airport land which has been released by the FAA but has not been determined by Council as not be needed for a public purpose. The value of this property taken as a component of a 21.43 acre block of City owned property is greater than its stand -alone value. The 21.43 block of City owned properties is one of the largest undeveloped properties remaining in the core area of Kenai, and will only increase in value, especially when a future project to halt bluff erosion is accomplished. The present City of Kenai Comprehensive plan specifically addresses the area of Millennium Square, attached is a copy of page 32 of the plan. Administration concurs with the four -step 178 development planning strategy. Unless Council directs the City Manager to consider the unsolicited offer, it is my intent to reject the offer, for the reasons stated. Thank you for your attention in this matter. attachment 179 --FF 1: it F1:1 0 ; 1 ILI Tr, 1 NINS kirk -AVE ri I rn '1,\ L r4 jj 11 a I.RVIEWOR t cr,-11f11 flTY J± t-fri,-1-1 o r I Fr ,H 5 "“.1--`,-044.044'iri6tri0140 egal T 514 R 111A/ SEC 5 SEWARD MEP/DIAN K41 0910047 SPUR SUE SENIOR CITIZEN POEM FAA TRACT KENAI CITY OF KENAI, AR 99611 250300 0 KPB Parcel Viewer Printed: Aug 11, 2011 City of Kenai Comprehensive Man These possible uses for Millennium Square generally fit into the broad concept of a busy, fhnving, mixed -use landmank center that realizes the site's full potential, attracts residents and visitors, and helps reinvigorate the city center. Still, Millennium Square cannot accommodate all these uses, nor are they all mutually compatible or supported by community consensus, At the moment, fi appears premature to settle on any final mix of public and private uses without benefit of a master plan process. Development strategy, Under present economic conditions and pending resolution of the erosion problem, major public or private investments in Millennium Square do not appear advisable. Actual development of Millennium Square will likely take place in stages, as specific projects materialize and will require a patient, purposeful approach. Therefore, it is vital That the City pursue a clear vision or master plan for overall development of Millennium Square in order to ensure that the end result capitalizes tufty on the site's development potential. A four -step development planning strategy for Millennium Square is proposed: 1. Complete the proposed Kenai River erosion protection and coastal frail project to remove en impediment to development. 2. Prepare and adopt an official concept plan that will provide a framework and standards to guide and integrate future development decisions, The concept plan should provide. an overall site plan, and specify acceptable uses, zoning and design standards, and financial criteria 3. Coordinate concept plan development with the proposed city center overlay or revitalization district and Business Improvement District, 4. ,4s the erosion protection project proceeds, and economic and fiscal conditions improve, continue to explore and eve/wife options for specific public and private projects. z' roposed City Gents -we _"' e Proposed City Gen Overly Zone J yl: 1rlr 0 L1 CCnv Ca q t.ignn�(1 C1 Conwvae 1=CdyO,nto o vv ao CC2 Define a distinctive identity for Kenai's city center. Encourage the city center's evolution into a destination for all -day, year -round commercial, cultural, entertainment, recreational, adult education, and civic activities, with appropriate shops and services to attract residents and visitors. Plan for Millennium Square development to become Kenai's defining element as a "City with a future ". Capitalize on local assets such as the Kenai River corridor, Cook Inlet, and the mountain range by adoption Kevin Waring Associates 32 Aug 08 11 08:05a Kenai Peninsula Purchase and Sale Agreement (Residential) This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. and ONLY (or propenies located on the Kenai Peninsula Dated 08/05/2011 Brokerage Names Listing Brokerage: Selling Brokerage: Five Star. Realty P• 1 AK MLS ID # Brokerage Ph 3032 Licensee Names License # Direct Ph Fax Ph Cell Ph Home Ph Listing 1: Listing 2: Selling 1: Sharilyn Frlckgon 16437 907- 252 -3163 407 -260- 2624 907 -252 -3163 Selling 2: Licensee Relationships: The Seller and Buyer acknowledge the following: a) Listing Licensee(s) O is representing the Seller only (may assist the Buyer); or 0 is assisting both the Buyer and Seller as a Neutral Licensee; or 0 is assisting the Seller without representation under separate written agreement. b) Selling Licensee(s) Qi is representing the Buyer only (may assist the Seller); or 0 is assisting both the Buyer and Seller as a Neutral Licensee; or 0 is representing the Seller only (may assist the Buyer); or 0 is assisting the Buyer without representation under separate written agreement. 1 1) Buyer(s), Robert Nash andlor assignees hereby deposit(s) earnest money of 2 Three Thousand Five Hundred Dollars ($ 3500.00 )Dollars 3 evidenced by: 0 Cash alp Personal Check 0 Cashier's Check O Note, Due on upon accepted offer ' (date) 4 0 Or 5 shall be held in trust by 0 Listing Broker ft Selling Broker 0 Other 6 as earnest money on and part payment for the purchase of real property and improvements situated in 7 Kenai (taty or area) 99611 (zip) in the Kenai 8 Recording District, State of Alaska, described as: 9 225 Spur View Dr. Kenai (Address) 10 Sour Sub Senior Citizen Addn FAA Tract (Legal) (the Property). 11 12 2) Purchase Price: 13 Three Hundred Fifty Thousand Dollars 00/100($350,000.00 )Dollars 14 15 Minimum Down Payment (including earnest money shown above ) ............................. $ or 16 17 3) Terms: IS Buyer 0 does ® does not Intend lo occupy Property as Buyer's primary residence. 19 20 Property Type (check one): 0 Single Family 0 Condominium 0 PUD 0 Duplex 0 Triplex 0 Fourplex 21 MI Other Assisted Living Center 22 Check one below. 23 24 a) P9 All Cash Offer: 25 No loan is needed to purchase the Property, 26 27 b) 0 New Financing: Closing is contingent upon Buyer obtaining financing as follows: 28 Check the appropriate block(s) below: 29 0 Conventional 30 0 FHA – (Attach Required Addendums) 31 ❑ VA – (Attach Required Addendum) 32 0 Alaska Housing Finance Corporation under the following program 33 0 Assumption of Existing Loan 34 0 Other Form 70753. Originated 4/05. Revision 04/05. >t;24-1 di 2005 Alaska Multiple Listing Service, Ina (AK MLS) All rights reserved. Page 1 of 7 Buye4(s) Initials 182 / / Seller(s) initials Rug 08 11 08 :05a Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: Address: 225 Spur View Dr Kenai Legal (the Property): Spur Sub Senior Citizen Addn FAA Tract This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. 1 i) On or before (date) or _ number of days from Seller's acceptance, Buyer 2 agrees to make a good faith loan application with (Lender). 3 11) If Buyer does not reveal a fact or contingency to the Lender and this purchase does not close because of that 4 nondisclosure after initial application, Buyer shall be In default. 5 iii) On or before (dale) or number of days from Seller's acceptance, Buyer will 6 provide Seller a letter from the Lender verifying the following items: 7 (1) a satisfactory credit report, 8 (2) acceptable income, 9 (3) source of down payment. 10 (4) avaMability of funds to close, and 11 (5) that loan approval C1 Is or ❑ is not contingent on the lease, sale or dosing of any property. 12 iv) M the event Buyer faits to provide Seller with above-mentioned letter by the date, this Purchase Agreement 13 shall automaticalyterrninate. 14 v) Buyer must obtain Sellers approval in writing, of any change in Lender, type of financing or allocation of closing 15 costs. 16 vi) Buyer agrees to pay all fees and satisfy all conditions, in a timely manner, required by the Lender for process - 17 ing of loan application. Broker has made no representations as to availability of any loans or interest rates. 18 Buyer agrees that the interest rate offered by Lender is not a contingency of this Purchase Agreement, so long 19 as Buyer qualifies for the financing herein agreed. 20 vii) Buyer to obtain loan commitment from Lender not later than (date). 21 viii) If Buyer is unable to obtain loan commitment from Lender by such dale, through no fault of Buyer, Buyer to 22 provide written notice to Seller and this Purchase Agreement shall terminate automatically. 23 ix) if Buyer falls to provide notice of inability to obtain loan commitment by such date and does not close, through 24 no fault of Seller, Buyer shall be in default. 25 26 c) ❑ Seller Financing: 27 1) $ payable at $ or rrrore, per month including % interest per annum 28 for _ years, 29 ii) The parties are encouraged to negotiate the important terms of seller financing now, and to include such terms 30 in Paragraph 22, or in a separate addendum. Important terms may include form of financing documents (con - 31 tract, note and trust deed or mortgage), due on sale clause, if any, prepayment option or penalty, If any, reme- 32 dies upon default, etc. 33 iii) Buyer shall provide Seller with documentation, as required by Seller, veriying Buyer's ability to purchase ac- 34 cording to the price, terms and conditions of the Purchase Agreement by - (date). 35 iv) Seller Financing is contingent upon Sellers approval of the documentation from Paragraph 3c(ii) on or before 36 , (date). In the event Buyer falls to obtain Seller's approval, this Purchase Agreement 37 shall automatically terminate. 38 39 4) Costs: 40 If applicable, the costs shall be paid by Buyer (a) or Seller (3) as indicated below. Costs payable by both foyer and 41 Seller to be shared equally. Buyer to pay for arty fees due to requirements of the lender not covered below. P• 2 42 ITEM B S 43 ITEM B S ITEM Lender Origination Fee Credit Report Owner Title Insurance Smoke Detectors Commitment Fee Reserves ALTA Title Insurance CO Detectors Discount Points Prepaid Interest Recording Fee X X As•BuHt Survey / Recerl. M(PPMI(default insurance) Escrow Closing Fee X X YAFUnding Fee Sales Tax X Annual Escrow Fee Testa for Health Authority Ap revat: Reuel Day. Loan Fee Resale Certificate / Public Offer Statement Bank Set-Up Fee Well Flow (Quantity] Lender Doc. Prep Fee AssumefTranster Fee Basic Water Quality HOA Transfer Fees Assessments Levied Lead/Nitrate Test Flood Certification HOAAssessments Assessments Pending Septic Inspection Tax Regtstratlen ROA Questtonaire Attorney Dec Prep Fee 1(31 DEC Approval Fees Home Warranty Appraisal Brokerage Fee 1 X Form 70753. Originated 4/05. Revision 04/08. / r s Initials II © 2008 Alaska Multiple Listing Service, Inc. (AK MLS) Alt rights reserved. Page 2 of 7 uye (} Se er(s) initials 183 Aug 08 11 08:OSa Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: Address: 225 Spur View Dr, Kenai Legal (the Property); Sour Sub Senior Citizen Addn FAA Tract This form authorized for use ONLY by active Real EstateLicensee Subscribers of Alaska Multiple Listing Service, Inc. 1 5) Funds At Closing: 2 Seller and Buyer agree before recording can take place, funds provided to the Closing Agent shall be in the following 3 form; cash; interbank electronic transfer; money order; a certified check or cashiers check drawn on a financial Institu- 4 tion located in the state; or any above combination- that permits the Closing Agent to convert the deposit to cash not 5 later than the next business day (AS 34.80.040). 6 7 6) RecordinglPossession: 8 a) This sale shall be recorded on see page five , (date) or earlier by mutual agreement Prior to recording, 9 Buyer and Seller agree to sign all reasonably necessary closing documents and to perform the reasonable condi- 10 bons required by the Closing Agent and Buyer's Lender. 11 b) Seller shall deliver possession of the Property to Buyer upon confirmation of recording or [ 2 ❑ under attached occupancy agreement or O other 13 c) Unless otherwise agreed In writing, Seller shall remove all debris. personal property not sold to Buyer, and leave 14 the Property in clean condition. Seller shall provide keys andfor means to operate all locks, including but not limited 15 to: mailboxes, security systems, alarms, garage door openers and any portable control devices for accessing the 16 Property upon confirmation of recording. 17 d) Tenant occupied Property. Seller to provide rental/lease agreement within three (3) days of acceptance of offer, Of- 18 lei- subject to Buyer's approval of rental/lease agreements delivered to Seller or Sellers representative not later. 19 than (date), a.m. p.m. (lime). Seller and Buyer shall comply with the regulations 20 contained in the Alaska Landlord/Tenant Act. All refundable deposits shell be transferred to Buyer at closing. 21 e) If Property is a unit in a condominium or other common interest community, Buyer may be required to pay a deposit 22 to the homeowners' association (HOA) to obtain access to HOA facilities. 23 24 7) Prorations: 25 Property taxes, interest on loans being assumed, prepaid rents, and HOA fees, if applicable, shall be prorated as of the 26 date of recording. 27 28 8) Title/Survey: 29 a) Seller shall convey title by statutory warranty deed or 30 b) Unless otherwise provided herein, this transaction is subject to Buyers review and approval of a preliminary title re- 31 port and copies of the exceptions it discloses showing the condition of title to tie Property. Upon execution of this 32 Purchase Agreement by all parties, Seller will, at Sellers sale expense, order the report and exceptions from 33 South Central Title (Title Company) and furnish them to Buyer. Upon receipt of the report and excep- 34 lions, Buyer shall have five business days within which to notify Seller, in writing, of any matters disclosed 35 in the report vfiich are unacceptable to Buyer. Buyers failure to timely object, in writing, to any matters disclosed in 36 the report shall constitute acceptance of the report. if, within five business days (five (5) If not Red in) foe 37 lowing receipt of the objections, Seller fails to remove or correct the matters identified in the objections, or does not 38 gNe written assurances reasonably satisfactory to Buyer that they will be removed or corrected prior lo the closing 39 date this transaction shall automatically terminate, After closing, Buyer shall receive an owner's standard tone poi- 40 icy of title insurance insuring marketable title in the Property to Buyer in the amount of the purchase price, free and 41 clear,of the objections and all other title exceptions agreed to be removed as part of this transaction. 42 o) Survey, as -built survey, or recertification of survey shall be dated on or after (date) or 43 0 as required by Lender, 44 45 46 47 48 49 50 51 52 b) 53 54 c) 55 d) p.3 Aa.a56/fe. VUIVILASt 9) Documents Required By Law: a) Lead -Based Paint Waming: Unless exempt. if the improvements an the Praperty include one or more residential dwelling(s) constructed prior to January 1, 1978, Buyer shall not be obligated under the terms of this Purchase Agreement unless a completed Lead -Based Paint Disclosure form is signed by Seller and Sellers real estate Seen- see(s), which must occur before the parties sign This Purchase Agreement (See EPA pamphlet Protect Your Family From Lead in Your Home for more information.) If applicable, Buyer acknowledges receipt of the lead -based paint disclosure signed by Seller prior to signing this offer, Buyer 0 has 21 has not received a copy of the State of Alaska Residential Real Property Transfer Disclosure Statement. Buyer 21 has 0 has not received a copy of the Alaska Real Estate Commission Consumer Pamphlet in the event a Resale Certificate or a Public Offering Statement is required by law for the transfer of this Prop- erty, it Is hereby agreed that the time for Buyer to review these documents begins at the date and time that Buyer acknowledges in writing the receipt of -these documents. 56 57 58 Farm 70753. Originated 11/04, Revised 04/08. 2008 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. 184 f / Page 3 of 7 tuyer(si Initials Seller(e) Initials Rug oe 11 08:05a p -4 Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: Address: 2253.purView Or Kenai /A1_)ESKi7\ Legal (the Property): Sour Sub Senior Citizen Addn FAA Tract `a-- This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service. Inc. 1 10) Square Footage: Buyer understands that measurements for square footage and/or dimensions may vary, It is 2 Buyer's responsibility to verify square footage and not rely on information received from Seller, Brokers and Li- 3 censees, appraisers or govemmental agencies. 4 5 11) Property Condition: 6 a) Until the date of possession or recording, whichever is earlier, Seller agrees to maintain the Property in its current 7 condition, subject tu ordinary wear and tear, 8 b) Buyer and Seller understand that Brokers and /or Licensees are not experts in all areas and Buyer and Seller should 9 rely solely on experts who are qualified in areas of concern. Brokers and/or their Licensees make no representa- 10 Lions regarding the Property, including whether the residence or other improvements meet current building codes, 11 safety or other requirements. 12 c) In the event the improvements on the Property are destroyed or materially damaged prior to recording, then, at the 13 Buyer's option, this Purchase and Sale Agreement shall terminate upon Buyers written notice to Seller. 14 15 12) Appraisal: 16 a) In the event the appraisal generates Lender - required repairs, repairs to be negotiated between Seller and Buyer. 17 b) If Seller and Buyer have not reached an agreement regarding Lender - required repairs, within 18 days of Sellers receipt of the appraisal, this Purchase Agreement shall automatically terminate. 19 o) If repairs /remedies are subject to re- Inspection and approval prior to the closing date, Buyer shall pay for first 20 re- inspection. Thereafter, Seller to pay for all additional re- inspection fees. 21 22 13) Termination: 23 In the event this Purchase Agreement is terminated as provided for in this Purchase Agreement absent a default by 24 Buyer, all earnest money shall be returned to Buyer and all parties shall be relieved of their obligations as set forth 25 herein. 26 27 14) Time of the Essence and Remedies: 28 Seller and Buyer understand that time is of the essence. If any obligation is not performed or waived as provided, or if 29 any note or check received as earnest money or any other payment is not paid, honored or tendered when due, there 30 shall be the following remedies: 31 a) If Buyer is in Default Except as provided in Paragraphs 3, 12b, 16 and 17, Seller's remedies shall be limited to 32 liquidated damages in the amount of the earnest money set forth in Paragraph 1 above. It is agreed that such 33 payments and things of value are liquidated damages and are Sellers sole and only remedy for Buyers failure to 34 perform the obligations of this contract The parties agree that Sellers actual damages In the event of Buyer's de 35 fault would be difficult to measure, and the amount of the Liquidated damages herein pmvided for is a reasonable 36 estimate of such damages. 37 b) If Seller is in Default: Buyer may elect to treat this Purchase Agreement as canceled, in which case all earnest 38 money paid by Buyer hereunder shall be returned and Buyer may recover such damages as may be proper. or 39 Buyer may elect to treat this Purchase Agreement as being in full force and effect and Buyer shall have the right to 40 specific performance or damages, or both, 41 42 15) Earnest Money Dispute: 43 Notwithstanding any termination of this Purchase Agreement, Buyer and Seller agree That, in the event of any contra- 44 versy regarding the earnest money held by Broker, the Broker may: 45 a) Make the determination as to the cause of the failure of this Purchase Agreement and distribute the earnest money 46 accordingly, or 47 b) Require the parties to execute an agreement for the release of the eamest money, in which case the earnest 48 money shall be distributed in accordance with such agreement. If the parties are unwilling to execute an agreement 49 For the release of earnest money, the parties shall submit the matter to mediation as provided below, and if media - 50 tion fails, the broker may file an interpiaader action in a court of competent jurisdiction requesting the court to de- 51 termine the distribution of the earnest money. Broker shall be entitled to an award from the earnest money of attar- 52 nays' fees and costs. 53 54 16) Mediation: 55 If a dispute arises relating to this Purchase Agreement, between or among Buyer and Seller, or Broker(s) and /or their 56 representative(s), and is not resolved prior to or after recording, the parties shall first proceed in good faith to submit the 57 matter to mediation. Costs to be shared by mutual agreement between or among the parties. Unless otherwise agreed 58 in mediation, the parties retain their rights to proceed to arbitration or litigatlio Form 70753.Originated 11104. Revised 04/08. / / / ® 2005 Alaska Multiple Listing Service, Inc. (AK MIS) All fights reserved. Page 4 of 7 ' Suyer(s) Initials Seller(s) Initials 185 Aug D8 11 08:06a Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: Address: ?25 Snur View Dr. Kenai Legal (the Property): Spur Sub Senior Citizen Addn FAA Tract This form aeiburized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc, 1 17) Costs and Expenses: 2 In the event of any arbitration or litigation relating to this Purchase Agreement, the arbitrator or court shall award to the 3 prevailing party all reasonable costs and expenses, including attorney fees. 4 1B) Broker. 5 It is mutually agreed by all parties that the Brokers andlor lheir Licensees shall not be held liable in any manner 6 whatsoever for damages arising from defaults or acts by or omissions of Buyer or Seller. 7 a) Both Buyer and Seller acknowledge Brokers are participants of the Alaska Multiple Listing Service, Inc., (AK 8 MLS) and are authorized to report details of the sale to AK MLS. 9 b) Buyer and Seller authorize any Lender, escrow agent, closing agent, appraiser, home inspector, surveyor and any 10 other related party to this sale to furnish and provide, on request or closing, any and all information and copies of 11 documents related to this sale to both the Listing and Selling Brokers and their Licensees. 12 19) Acceptance /Notice of Acceptance/Delvery; 13 This offer may be accepted by being signed by the other party with no changes, and such acceptance shall be effective 14 when a complete copy of the fully signed agreement is delivered to the other parry by any one of the following methods: 15 a) Actual delivery to the other party or the other party's licensee; 16 b) Vla email to the other party or the other party's licensee, but only if the person transmitting the email receives elec. 17 Ironic confirmation that the email was received by the intended recipient; or 18 c) Via facsimile to the other party or the other party's licensee, but only if the transmitting fax machine prints a confer- 19 mation that the transmission was successful. 20 21 This Purchase Agreement may be signed in multiple counterparts with the same effect as if all parties signed the same 22 documents, 23 24 Delivery of a photocopy, telefax, electronic, carbon or carbonless copy of a signed original of this Purchase Agreement 25 or any other documents referred to herein shall be treated the same as delivery of the origin. 26 20) Foreign Investment in Real Property Tax Act: 27 The Foreign Investment In Real Property Tax Act ( "FIRPTA ") requires every person who purchases real property lo- 28 cated within the United States from a "foreign person" to deduct and withhold from Seller's proceeds ten percent (10 %) 29 of the gross sales price, with certain exceptions; and to pay the amount withheld to the Internal Revenue Service. A 30 "foreign person" includes a non - resident alien individual, foreign corporation, foreign partnership, foreign trust, and for - 31 elgn estate. Seller and Buyer agree to execute and deliver, as appropriate, any instrument, affidavit or statement, and 32 to perform any acts reasonable car necessary to comply with FIRPTA. 33 21) Attachments: 34 The following attachments are hereby made part of this Purchase Agreement: 35 36 One -Time Showing Agreement (required by Real Estate Commission) 37 38 22) Additional Terms and Conditions: 1) This proposed site is to be used for the construction of an Assisted Living facility. 2) Buyers would want a closing date for the purchase of this property to be after the Buyers obtain approval from the Planning and Zoning Commission and approval from the State for the proposed Assisted Living facility, with the provision fora 60 day extension if needed. P. 39 3) Buyers request a response to this offer within two weeks, if p Form 70753. Originated 11104. Revised 04/09. c 2008 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 5 of 7 186 l r auyer(s) Initials r Seller(s) Initials Rug 08 11 08:06a Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As Address: Legal {the Property): This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing SeMce, Inc, 1 23) Entire Agreement: 2 This Purchase Agreement, the Residential Real Property Transfer Disclosure Statement, and any attached addenda 3 constitute the whole agreement between the parties. No warranties, including any warranty of habitability, agreements 4 or representations have.been made or shall be binding upon either party unless herein set forth. This document may 5 not be modified except in writing and signed by the Parties. 6 a) Buyer agrees to purchase and pay for the above•described Properly on the terms and condllibns herein stated. 7 Receipt of a copy of this Purchase Agreement is hereby acknowledged. Buyer understands this is a legally binding 8 contract. 9 b) Buyer agrees that closing of the sale will constitute an acknowledgment that the premises and its systems 10 are acceptable at the time the sale is closed. 11 12 In the event Seller or Seller's Licensee has not notified Bayer or Buyer's Licensee of Seller's signed acceptance 13 prior to see oage five , (date) a.m 5:00 , p.m. (time), this offer shall tennlnate. 14 15 This Purchase Agreement has significant legal and financial consequences. You are advised to seek independent legal and 16 financial counsel, including fax advice from a tax attomey or CPA, before signing. The Brokers and Licensees cannot give P. 6 17 legal, tax or financial advice. 19 Buyer Signature(s) 2: 3: 20 21 %\Print names) to be on documents 22 ail Address 24 25 Physical Address / / IG S 26 27 Name of Selling Brokers Office 28 29 Licensee Signature j/.L.L.f.�GW.O(� Licensee Signature 30 Shan 31 32 Brokerage Fee: 33 A real estate broker may be compensated by any party to a real estate transaction, by a third party, or by one or more of the 34 parties to the transaction splitting or sharing the compensation. Seller andfor Buyer agree to pay forthwith at closing a bro- 35 kerage fee in cash as stated in the Personal Services Agreement. fie. Listing Agreement, Buyer's Agreement) 36 Time: am. _ p.m. E-mail Address Office Ph(s) Celt Ph(s) Horne Ph(s) Fax Ph(s) Zoe r s (A! /7`iy ter` ra ( ,c,/ 5 e TO Form T0750 Originated 11104, Revised 04/08. © 2008 Alaska Muflipla Listing Service, Inc. (AK MLS) All rights reserved. 187 J ! I Page 6 of 7 Buyer(s) Initials Sartorial Initials Rug OB 11 OB:08a Kenai Peninsula Purchase and Sale Agreement. Regarding Property Described As: Address' 225 Sour View Dr, Kenai Legal (the Property): Spur Sub Senior Citizen Addn FAA Tract This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multi p(e tasting Service, Inc. P.7 2 Seller Response: (sign only one!) 3 4 m Seller accepts the foregoing offer as written. Seller agrees to sell and convey the Prop- s erty described on the terms and conditions herein stated. Seller understands this is a 6 legally binding contract. 7 Seller Signature(s) 1: 2. Date Time: a.m. _ p.m. 9 • Seller makes the attached Counter Offer 10 Seller Signature(s) 1: 2. Date Time: a.m. _ p.m. 11 12 a Seller hereby rejects the foregoing offer and declines to make a Counter Offer 13 Seller Signature(s) 1: 2. 3. Date Time: .m p.m. 14 Pnnt name(s) 15 16 Mail Address 17 18 Physical Address 19 20 Phone 21 22 E -Mail 23 24 Name of Listing Broker's Office 25 26 Licensee Signature Licensee Signature Fonn 70753. Originated 11104. Revised 04108. @ 2008 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved, 188 Page 7 of 7 uyer(s) Initials Seger(s) Initials Five Star Realty 170 E. Corral Street Suite 1 Soldotna, AK 99669 Phone: (907) 262 -2445 or 262 -5711 Fax (907) 260 -2624 ONE TIME SHOWING AGREEMENT This listing agreement is hereby made between: Seller (U- -7 a ken cu and Five Star Realty, concerning the real property described as: Cis Spite UNew 7r alai ( Tar S s4� in the Often nrtdn FA-A- l c {- Seller hereby certifies that he is the owner of record of the above described property. This agreement allows for a one -time showing for the Broker to attempt to affect a sale of the property to a prospective Buyer. If Broker procures a Buyer, Seller will be liable for the commission if sold to that within 180 days after date of this agreement between the parties. All references to Broker in this agreement refer to Broker or agent of the Broker. Sale for purpose of this agreement shall include all forms of tenancy, or any vested interest whatever, including lease, ase with option to purchase, first right of refusal, or option to purchase. Buyer for purposes of this agreement shall include any individual, or agent of any group, such as a partnership, member of the group which results in ultimate sale would apply, even if the person working with the Broker is not a party to the eventual purchase. Seller agrees to inform Broker immediately upon receiving contracts from Buyer whose name has been provide by the Broker. Should a sale result from this showing, a commission shall be due the Broker in the arnotint of ° of the sale price. The name of the prospective Buyer being shown the property is: {it r' Le percent) Address: rl i1�, i�hkaut(i4c £ni sie t 4> The Realtor agent representing FIVE STAR REALTY is: Price quoted to prospective Buyer is: assesspc4 uctita ? 7b 13 Seller Seller Date Date 189 Nash & Associates Date: August 5, 2011 Re: Kenai Assisted Living- Site Proposal- LOI Dear Mr. Koch (Kenai City Manager), Over the past year or so, our management and executive team has been researching the opportunities and benefits associated with a proposed assisted living facility within the Kenai and Soldotna communities. They are both great towns, but we have focused our attention specifically on Kenai. With over 20 years of senior care ownership and management experience, our own assessment of the senior market in the greater Kenai area has led us to the conclusion that a viable need exists for a comprehensive assisted living development, We have been uniquely impressed by the beautiful complex at Vintage Point, the Senior Center and the vacant property adjacent to it. In accordance with that favorable impression, we feel that the highest and best use of that vacant property, in serving the needs of the local seniors, would be through the construction of an assisted living facility. Our proposed build would include 40 ( + / -) units with an activity center, family gathering area, formal dining and recreation and basic therapy room. Limited nursing services and assistance with the activities of daily living (bathing, dressing, meals, mobility, bathroom & medications assistance) are the hallmarks of assisted living, in addition to providing a warm, fun and inviting atmosphere. This type of comprehensive care requires significant staffing and resources. Phase 1. of the project will initially include the construction of a 16,000 to 20,000 square foot facility with a cost approaching $3,000,000 or more and will use local. qualified contractors, architects, supply houses, landscaping, engineers, attorneys, banking /financing, bookkeeping, accountants, etc. Upon completion, the proposed assisted living business will provide local, direct employment to approximately 30 employees. In addition, once in operation, the facility will require supportive services from many other local businesses, such as a bakery, supermarket, medical supplies, janitorial, inspection services, electric, plumbing, transportation services, furniture and decor, and associated professional ( bookkeeping /accounting/banking), legal, and medical /physician services. Because assisted living provides such a wide array of services, these types of facilities are a great economic boost to any community. Projected routine expenses (local stimulus) through the above services should be in excess of $100,000 per month. It is our belief that many small to mid -sized Alaskan communities are constantly faced with census attrition issues dealing from seniors and retirees deciding to leave their home towns in search of retirement, medical and other health service availability. This can be a huge drain on small communities, because retirees generally spend income instead of taking jobs, so their loss is felt deeply from an economic standpoint. With a good senior services sector, shall communities can greatly benefit by creating a draw for these services and consequently keeping a smaller percentage of seniors and retirees from moving away to larger cities such as Anchorage (or even out of state). The emotional 190 challenges of having to leave, or sending a parent out of the area for senior care is also very difficult. Our hope would be to minor the excellent quality of design and ambience that exists at the Kenai Senior Center/Vmtage Point, and to augment those services as an extension or continuum of care. Many local retirees that we have spoken with have expressed a desire to see an assisted living facility developed next to the Senior Center, so that spouses, family or close friends needing both independent senior living (Vintage Point) and assisted living, can easily transit between the two. Having the assisted living facility in close proximity to the Senior Center would also allow for continued use of the daytime services provided at the Senior Center and would ensure that the census -based revenue from state /federal grants would not be affected, and to the contrary, would most likely increase with the additional influx of non - Peninsula seniors who will inevitably be attracted. We have identified the following site within Kenai city limits, of interest to us for assisted Living purposes: Millennium Square/FAA Tracts along Spur View Drive. Approximate ground needed is 3 acres. The concept of being located immediately adjacent to the Senior Center has been shown to have the greatest advantage and most desirability to local seniors. With the higher costs associated with land and new construction in Alaska, we are asking the City of Kenai to help us bring a much needed service to the senior citizens of Kenai and its surrounding community. We look forward, with great pleasure, in working closely with the City of Kenai to find a meaningful and productive relationship for the many seniors of this area for years to come. Due to certain time constraints, we would appreciate your immediate attention to this matter. Sincerely, Rob Nash & Associates Rob Nash 208 - 861 -4966 rob.r.nash@grnaiLeorn Cory Castagneto Associate/ Representative 208 - 867 -6600 c_rv_ca3t4gpeto4arpga , qtr, Sharilyn Erickson Local Realtor Five Star Realty 170 East Corral Ave, Ste #1 Soldotna, AK 99669 907 - 252 -3163 ske(a;acsalaska.net 191 L n i Municipal 8tirport Airport Improvement Program: August2011 Airport Manager's Report Apron Rehabilitation: Project is essentially complete outside of some punch list items. Close out documents are being prepared. Float Plane Basin Facility Improvement Project: Due to the recent events with Congress, the FAA has bumped this project to 2012 due to the unavailability of discretionary funds. Master Plan — City Administration has reviewed the scope, City Administration changes have been made and this project will be moving forward. Obstruction Clearing EA - The obstruction mapping and base maps are complete. Wince- Corthell -Bryson is finalizing the agency scoping document and has completed the private and public parcel exhibits. The completed scoping document has been reviewed by the City and is now at the FAA for review. After FM review the scoping document will be mailed to the agencies for a 30 day comment period. In the middle of this 30 day review, an agency scoping meeting will be held and the project will be added to a Airport Commission meeting agenda for a public meeting. The FAA has bumped the obstruction clearing to 2012 because the Environmental Assessment is not yet complete. Compass Rose Painting: The Mat -Su Valley Chapter of the 99's will be painting the new compass rose on Saturday, August 13, The Ninety -Nines is an international organization of women pilots that promote aviation through education, scholarships, and mutual support who fly "for the fun of it ". The Airport supplied the brushes and Alaska Sure Seal donated 12 gallons of blue, white and yellow paint. Thank you! RSAT August Meeting — The Runway Safety Action Team will be in Kenai on August 16th. This is an annual FAA review of the airport and its operations in efforts to improve efficiency and increase operational safety at the Kenai Airport and other airports worldwide. It should be noted that there were no runway incursions at the Kenai Airport in the last 5 years! 2011 -08 192 Municipal Fairport 78.41% 21.59% 2,305 July 2011 10,676 ERA GRANT Change KENAI Combined Month AVIATION AVIATION Total 2010 from AVIATION 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 4.941 2,030 6,971 6,478 493 186 7,157 June 5,521 2,138 7,659 7,005 654 i 286 7,945 July I 8,371 2,305 10,676 10,292 384 414 11,090 August 9,853 September 7,109 October 7,613 November 7,371 December 6,435 Totals 38,441 14,147 52,588 87,589 3,380 1,550 54,138 Terminal - Vehicle Parking Revenues July 2010 $12,292 2011 $13,131 Vehicle Parking Revenues • 25000 22500 - - -- 20000 17500 15000 12500 10000 7500 5000 2500 0 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun It FY11 FY12 193 FLOAT PLANE BASIN ACTIVITY 2007 - 2011 OPERATIONS Month APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER 1St <:;'. 2011 2010 2009 2008 2007 0 0 0 0 0 49 109 118 66 0 135 170 190 118 72 162 228 242 242 178 192 278 192 221 83 146 119 173 20 68 48 30 Closed Closed Closed Closed 7$s *not reported FUEL SALES Month 2011 1 2010 2009 2008 ( 2007 MAY $150 JUNE $2,558 JULY $4,421 AUGUST SEPTEMBER OCTOBER Total $521 $368 $561 $0 $2,027 $2,714 $3,443 $988 83,870 $2,815 $3,252 $2,660 $2,497 $3,390 83,506 $2,721 $1,447 $2,498 $1,735 $2,493 $43 $642 $100 $162 —94024,- Slips Rented Private Commerical 12 0 194 Rev 6/2008 STRAY ANIMAL CONTROL MID-MONTH REPORT July 2011 2011 2010 2011 2010 73 61 ADOPTED 56 51 Dogs 43 23 Dogs 31 25 Cats 28 36 Cats 25 21 Other Species 1 5 Other Species 0 5 RELEASED BY OWNER 56 49 CLAIMED 26 5 Dogs 31 29 Dogs 25 5 Cats 25 17 Cats 1 0 Other Species 0 0 Other Species 0 0 D.O.A. Dogs Cats Other Species 14 7 EUTHANIZE.D 47 52 8 6 Dogs 19 22 2 1 Cats 27 30 4 0 Other Species 1 0 TOTAL ANIMALS 143 117 Other Disposition 0 2 Borough Animals Total Dogs Total Cats Total Other Species 26 44 Field Investigations 79 71 83 58 Volunteer hours 164 84.5 55 54 Total phone 602 480 5 5 Kennel Permits 0 0 Community Involvement Projects: 7/20/2011 Peninsula Central Health Services children's field trip 7/21/2011 Peninsula Central Health Services youth working field trip 195 POLICE DEPARTMENT MID- MONTI-I REPORT July 2011 TO: Rick Koch — City Manager FROM; Gus Sandahl — Police Chief /'14 DATE: 8/10/11 SUBJECT: Police & Communications Department Activity — Month of July 2011 July was a very busy month. Police handled 1101 calls for service (up from 986 in July 2010). The Communications Center received 392 emergency 9 -1 -1 calls (312 from cell phones), Communications personnel handled 4,209 administrative phone calls during the month of May. Officers made 72 arrests and wrote 270 reports. Traffic enforcement resulted in 177 warnings, 40 speeding tickets, 28 seatbelt tickets, 25 citations for equipment violations, and 109 citations for "other" traffic violations. There were 10 DUI arrests (one felony). Police investigated 13 vehicle crashes. Two of the crashes involved moose, None of the crashes were DUI - related. One of the crashes resulted in the death of a 53 year -old Soldotna woman. On the evening of July 26, she had pulled onto the Spur Highway from N. Silver Salmon Dr.: and was struck by a Kenai bound Ford Expedition. The Kenai Police Department took the lead on the investigation, with investigative assistance provided by the Bureau of Highway Patrol. On July 4, eleven officers and two SEO's provided traffic control at the annual 4th of July parade. From July 10 to July 31, officers and SEC's dedicated a significant amount of time to dipnet operations. Personnel worked busy shifts, and put in extra hours, I am very appreciative of the hard work and professionalism demonstrated by Police and Communications personnel. We are in the process of completing the Police draft of the annual dipnet report. In July, Dispatchers Danielle Thompson and Naomi Hagelund attended basic life support for healthcare providers recertification training through the Kenai Fire Department. Officer Mitch Langseth retired on August 1. The Police Department advertised for the vacancy during the month of July. Officer Alex Prins will be the new School Resource Officer for this coming school year. 196 the eifrof KENAI. ALASKA KENAI COMMUNITY LIBRARY MONTHLY REPORT AUGUST 2011 June and July Circulation Figures Adult Fiction Adult Non - Fiction Young Adult Fiction Periodicals Juvenile Fiction Juvenile Non - Fiction Easy Fiction Easy Non - Fiction Interlibrary Loan JUNE 2,038 1,152 290 156 704 256 1,463 75 35 JULY 1,828 1,319 325 119 634 342 1,379 238 27 Internet Access Music DVDs Audio books Miscellaneous Computer Programs JUNE JULY 1,040 1,186 63 121 2,164 2,006 206 179 62 51 5 9 Total Print 6,169 6,211 Total Non -Print 3,540 3,552 Total Circulation. Library Door Count 9,709 9,76 8,648 In -House circulation Downloadable Audio Downloadable ERooks 45 1.55 178 276 119 105 Income Fines Xerox Lost/Damaged Test Proctoring Fee Printing Total income 06/11 Interlibrary Loans Ordered Received Returned Loaned by us JUNE $ 1,203 A2 89.50 167.82 20.00 316.25 $ 1,796.99 June July 43 27 36 31 36 27 20 9 JULY 680.65 23.50 289.23 20.00 174.05 $1,187.43 ihrnry Cards Issued June Internet Only Kasilof Kenai Nikiski Ninllchik Soldotna Sterling Non - Resident Organization & Other July 38 37 6 4 88 74 20 13 1 2 24 23 7 5 9 17 16 17 Total 209 192 JUNE JULY Children's & Family Programs.... 10 15 Attendees 197 301 This chart shows circulation over the Last six fiscal years. FY2011 was lower than the previous years due to the three closures during construction. Circulation 197 the of KENAAASKA Public Works Operations: PUBLIC WORKS DEPARTMENT 1 CAPITAL PROJECT MANAGER MID -MONTH REPORT August 2011 Streets and Dock Department has been busy retrieving the toll booths, barricades and signs from the Dip Net Fishery and grading roads. Water and Sewer has been busy as they are down one position; we have yet to receive qualified applicants to fill the Forman position. The Building department is beginning the pre - winter HVAC service for City Facilities. The status of the projects is as follows: LED Streetlight Installation — 2011 — Project closeout underway. Kenai Community Library Expansion Protect — Punch list items are remaining to be completed and fumiture is still arriving. Water Treatment Facility (Arsenic Ground Water Study) — The tank is currently under construction, and building excavation and yard piping installation are under way. A buried pit was discovered between the test borings and is currently being excavated. Togiak to Beaver Loop Water Extension Project —The substantial completion inspection was completed on August 10, with only minor punch list Items remaining. An EPA STAG grant inspection is scheduled for August 22, 2011. Interim approval to operate submittals are scheduled to be complete by August 19, 2011 Personal Use Fisheries Capital Proiect —The restroom construction is complete and currently in use, minor punch list Items will be completed following the dip net fishery. The replacement bridge for the trail is on site, Ordinance 2554 -2011 appropriated $25,000 from US Fish and Wildlife on May 18. Bridge is scheduled for winter installation to meet permit requirements. Vintage Pointe Water Damage Project — contract close out is under way. Baron Park Drive (Kenai: Various Road Improvements) — Substantial Completion inspection was completed on August 2, with only minor punch list items remaining. Main Street Reconstruction — Bids were opened on August g" and three bids were received. The contract is scheduled for council award to North Star Construction on August 17th. The schedule has construction beginning in late August with completion in Mid to Late September. The City Manager is managing this project. Central Heights Roadway Lighting & Storm Water Improvements — Work on the geo -tech report is complete. Marathon Park Restrcom (Daubenspeck Family Park) — Construction is complete and project close out is underway. Marathon Park Phase One - Parking Lot Improvements -2011- The project is to improve the parking lot at Marathon Park. Construction is under way. The City Manager is managing this project. Kenai Municipal Airport Rehabilitate Apron — 2009 -2010 — The Contract is complete with a final adjusting change order in the works. Project Closeout is beginning. Kenai Municipal Airport Master Plan — Work is underway to complete a Professional Services Agreement between the City and Wince - Corthell -Bryson a resolution is included in the August 17 packet. Kenai Municipal Airport Floatplane Basin Development - Phase 1 — WCB is working on the relocation of the fence and gate on this project. The design study report, specifications and drawing have been reviewed and were returned to WCB on July 13. Work is beginning on front end documents. Recreation Center— Project Closeout is underway. Courtney Drive Sewer — This is a small project funded during the budget process to resolve a recurring line freeze problem; Bid Documents are complete and are out for quotes. The Sewer Department is managing this project. 198 the ccyof KENAI. ALASKA PARKS & RECREATION MID - MONTH REPORT August 2011 July was a typical challenging and busy month for the Parks & Recreation Department. Preparation and setup for the Personal Use Fishery along with staffing for operational procedures was significant. This was primarily due to various maintenance demands placed on the department as a result of the popularity of the fishery. Work included staffing the overflow parking lot and fee shacks, restroom cleaning, beach patrols and cleanup, raking fish waste, fence mending and trash pickup and hauling. Routine and non - routine maintenance efforts continued concurrently throughout the fishery. Additionally, there were a total of 14 shelter reservations compared to 7 last year during this same time. The following is a list of various maintenance activities that occurred throughout July and into early August: 1. Wkly mowing /trimming, flowerbed, park maintenance operations and inspections. 2. Removed the parkstrip volleyball court and reseeded area. 3. Reseeded soccer fietds. 4. Removed several beetle kill trees and raised canopy at Bernie Huss Trails, 5. Met with Nancy Casey and discussed trail plans on several occasions. 6. New landscaping at the Animal control Facility. 7. invasive weed trimming /removal along Spur Hwy. 8. Reseeded base paths on LL Field #1. 9. Tree planting at sports complex. 10. Litter and debris removal throughout town. 11. Structural painting at the adult softball complex. 12. Brush clearing at Walker and Spur Hwy. 13. Plaque installation at LH Memorial Park (4 total). 14. Seeding along new sidewalks at LH Memorial Park. 15. New electrical work feeding LH Memorial Park water fountain, 16. Supervised 55 hours of Community Service work (miscellaneous weeding and painting projects). 17. Weed removal at soccer complex. 18. Setting monuments at the cemetery. 19. Repair work to LH Park Sprinkler system. 20. Edging at Eric Hansen Scout Park. 21. Applied weed preventer to all flowerbeds. 22. Added shrubbery to Airport Triangle. 23, Mowed ROW from Forest Dr. to Redoubt and along Bridge Access Road. 24. Brush clearing at the Kenai Eagle Disc Golf Course, 25. Line locates at Bernie Huss Trail for installation of bollards. 26. Added and removed temporary approach ramps to beach walkways. 27. Removed wind damaged tree at LH Memorial Park. 28. Raked and seeded area along Spur Highway. 29. Installed protective covers on water spigots at sports complex. 30. Repaired damaged fence at sports complex. 31. Added picnic tables to the scenic bluff overlook area (Eagle Scout Project) 32. Relocated furniture at City Hall. 33. Installed new street pole transformers along Spur Hwy. 34. Planted two Canada Red Cherry trees along Willow St. 35. Miscellaneous city maintenance yard clean up. 199 he u'' y of KENAI. FIRE DEPARTMENT MID -MONTH REPORT August 2011 Operations at the Fire Department have been busy over the last month. Historically July is our busiest month and this July was no different. We responded to 148 calls for service in the month of July. This is an average of almost 4.8 calls a day or 1,752 calls a year. Presently we are at 800 call for service through August 11th and well on our way to exceeding last year's totals by almost 20 %. We expect a slight slow down during the fall but only time will tell, On August 6th the Fire Department participated in the "Head Back Healthy" program that was sponsored by Peninsula Community Health Services and many other local businesses. It featured a host of different health and safety vendors for families and children that are heading back to school. The Fire Department, along with the Kenai Emergency Services taught "CPR Anytime" to adults and children. This is a new program that can be aught to almost anyone in a short amount of time. We were able to teach 36 people that day a life saving skill. In the month of September we will be in the schools teaching ALL 7th graders this same program and are looking forward to it. In the latter half of July, two department members attended a user's conference for the records management system "image Trend ". This was our first time attending but gathered fantastic amounts of knowledge that will help with department efficiency, We continue to stay involved with Safe Kids by doing child car scat inspection and are still involved with the Paramedic ride a long program at KPC. 200 the u of KENA ALASKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: August 1 I, 201 1 Total July Meal Count 2011 Served: Total Congregate Meals Served: 1,136 Total Home Meals Served: 1,962 Total July Meal Count 2010 Served: Total Congregate Meals Served: 1,516 Total Home Meals Served: 1,724 We had four rentals in July. There were 1,115 hours of volunteer service in July. Most ofJuly was in preparation for state and borough grant reports. KENAI SENIOR CENTER AUGUST REPORT e 40th Celebration, the 4th ofJuly pie booth fundraiser and finishing year end On July 21, the senior center celebrated their 4001 Celebration. 180 seniors came and celebrated. Numerous seniors volunteered throughout the month with various tasks to make this event successful. The 4`h of July Pie Booth was a great success. Seniors baked 100 pies and sold them at Kenai's 4th of July Celebration. Senior Connection members had other obligations, so we enlisted 12 of Lowes employees to volunteer. We sold all the pies and raffled a quilt. Bill Osborn, Gini Poore and director, Rachael Craig were there to supervise and assist where needed.. Lowes's crew was awesome and commented they had a great time! They would Like to do it again. The Line Dancers participated in the parade and the senior center sponsored a float. A Tong -time employee, Herb Stealer retired after 15 years of service with the senior center. He began his employment as a MASST worker and then was hired as a permanent part-time City employee. He will be sorely missed by the seniors as well as the staff. He was an outstanding City employee. We have seen an increasing number of older generation "Alaskan Kids" who are moving their parents to Alaska and making inquires about resources that are available in the area. It appears from inquiring seniors there is much concern and "crisis mode" regarding Medicare and SSA benefits. Vintage Pointe Apartments are currently filled except for one apartment. We have had much interest and have shown the empty apartment. Vintage Pointe residents completed a satisfaction survey of the on -site manager. A report will be completed shortly. From a quick overview of the completed surveys, the report is positive and we ill move forward to approve his contract for another year. 201 PURCHASE ORDERS BETWEEN $2/SUV,OV AND $i5/8OO,OD FOR COUNCIL REVIEW COUNCIL METING OF: AUGUST 17, 2011 VENDOR DESCRIPTION 8EPT, MCKINLEY SERVICES MCKINLEY SERVICES KACHEMAKE!sCTR|C CASEY PLANNING DAVID FR&Z|En&8SSOC ED0CBALASK4 MACSVVAIN ASSOCIATES W NELSON ENGINEERING PRECIOUS JANITORIAL SERV FY12 PROFESSIONAL SERVICES FY12 PROFESSIONAL SERVICES REPAIR EL EC. OUTLETS ' CAR RENTAL LOT LH MEMORIAL PARK DESIGN 'FL8VV6RBEDS FY12 HEALTH BENEFITS CONSULTING LASER0CME30F TYVKRE RENEWAL APPRAISAL WILDWOOD DR/COOK INLET DR. LID JAMES STREET PAVING WATER VVVVTP TERMINAL BEAUTIFICATION NON-DEPT. CLERK VV|LDYVQ0DDK|VE RECONST ACCOUNT PROFESSIONAL SERVICES PROFESSIONAL SERVICES REPAIR & MAINTENANCE PROFESSIONAL SERVICES INSURANCE SOFTWARE CONSTRUCTION MUNICIPAL ROADWAY PAVING CONSTRUCTION AMOUNT 3,000.00 3,000 AV 4,845.00 5,000.00 10,000 08 6.503,00 7,000.00 13,410.00 VISITOR CENTER REPAIR & MAINTENANCE 11,394.00 heedyof KENAI,AALASKA "village with a Past, Gi% with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO' TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager 4 DATE: August 11, 2011 SUBJECT: Janitorial Contract — Kenai Visitor and Cultural Center On the basis of bids submitted in response to the Request for Bids issued by the City for janitorial services at the Kenai Visitor and Cultural Center for one year, Precious Janitorial is the lowest responsible bid and award to this bidder would be in the best interest of the City. Sufficient monies are appropriated. The following bids were received on August 10, 2011: BIDDER TOTAL BASIC BID • Arestad Industrial Maintenance $11,605.00 Bruce Wolf $24,265.00 Sylvia Trevino/Precious Janitorial $11,394.00 Michael Olender/ Coastal Painting $21,100.00 1992 "Village with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us Interoffice Memo Date: August 12, 2011 To: Mayor Pat Porter, City Council Members From: Corey Hall, Deputy City Clerk (_`,.i..` -�' RE: Report to Council - Destruction of Records In accordance with the City of Kenai Records Retention Schedule. approved and adopted under Resolution No. 2008 -58, the Records Management Division of the City Clerks Office disposed of certain City Records on August 11, 2011, which were subject to disposal under the Schedule. Animal Control 7 boxes City Manager 1 box Clerk 9 boxes Finance Department 39 boxes Fire Department 5 boxes Library 3 boxes Planning & Zoning Dept. 1 box Public Works Department 5 boxes The records were authorized for destruction by the respective department managers and the city attorney, as per KMC10.30. A complete list of the above referenced obsolete records is available for review in the Clerk's Office. 204 COMMITTEE ON ARMED SERVICES MARK BEGICH COMMITTEE ON VETERANS' AFFAIRS ALASKA COMMITTEE ON COMMITTEE ON THE BUDGET COMMERCE, SCIENCE, AND TRANSPORTATION ldnitrd *tares enate WASHINGTON, DC 20510 July 18, 2011 . The Honorable Pat Porter Mayor City of Kenai 210 Fidalgo Avenue Kenai, AK 99611. Dear Mayor Porter: Congratulations to the City of Kenai on being selected as one of the ten communities named in the National Civic League's 2011 All - America City Awards. So much can be accomplished when people work together to address difficult challenges. Community- driven projects, such as many in Kenai, affect not just local communities, but make a positive impact on our country. Under your leadership, Kenai is now acknowledged among the top cities in the country. Congratulations, again, on winning your second All- America City award. This is an incredible achievement. SUITE 750 510 L STREET ANCHORAGE, AK 99601 SUITE 206 101 12TH AVENUE FAIRBANKS, AK 99701 1907) 271 -6915 19071456-0261 Mark Beg United States Senator SUITE 308 SUITE 101 ONE SEALASKA PLAZA 805 FRONTAGE ROAD JUNEAU, AK 99801 KENAI, AK 99611 1907) 586 -7700 205 (907) 253 -4000 SUITE 230 1900 FIRST AVENUE KETCHIKAN, AK 99901 SUITE 511-144 RUSSELL BUILDING WASHINGTON, DC 20510 (907I 225 -3000 (202) 224 -3004 STATE CAPITOL PO Box 110001 luncau. Alaska 99811-0001 907 -465 -3500 fax: 907 - 465 -3532 August 4, 2011 The Honorable Pat Porter Mayor City of Kenai 310 Rogers Road Kenai, AK 99611 DeMayor Porter, Governor Sean Parnell STATE OF ALASKA 550 West 7th Avenue #1700 Anchorage, Alaska 99501 907-269-7450 fax 907 -269 -7463 wrvvw.GovAlaska.Gov Governor @Alaska. Gov Congratulations to the City- of Kenai on being named a winner in the All America City Award competition! This is a remarkable accomplishment, and I am pleased to see an .Alaskan community honored in this manner. Long known as an attraction for its beauty, history, and wildlife, Kenai now stands among our nation's most exemplary cities — those recognized as "All- American" cities for their outstanding demonstration of civic - mindedness. I appreciate Kenai's example of community, collaboration through the efforts to clean up the Kenai River, bear -proof neighborhoods, and especially involving Kenai's youth in service to others through the "Caring for the Kenai" contest. Through roug h the efforts of its citens, Kenai has highlighted the uniquely Alaskan spirit of community. It is my pleasure the state in hono an Parnell Governor with the National Civic League, the residents of Kenai, and Alaskans across .s accoanplishment. I wish you continued success in the years to come. 206 NOTICE OF PUBLIC HEARING AUGUST 17, 2011 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 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 Peiniitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) 1 -a. Substitute 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 Zoning District. 2. Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." (Clerk's Note: At its July 20, 2011 meeting, the City Council postponed Ordinance No. 2560 -2011 until the second meeting in August (August 17, 2011) at the request of Vice Mayor Boyle. The motion to adopt is active.) 3. Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. (Clerk's Note: At its June 15, 2011 meeting, the City Council amended Ordinance No. 2564 -2011 and subsequently postponed it until the second meeting in August (August 17, 2011) with direction for the Code Enforcement Officer, Planning and the City Manager to review the code enforcement aspect of it relative to real property.) 4. Ordinance No. 2575 -2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. 5. Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. 6. Resolution No. 2011 -63 -- Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled Main Street Reconstruction 2011 for the Total Amount of $157,131.00 7. Resolution No. 2011 -64 -- Awarding a Contract for Engineering Services for the Project Entitled Kenai Municipal Airport Master Plan 2010 to Wince - Corthell- Bryson for the Total Amount of $483,715.00. 8. *Liquor License Renewal -- Transfer of Ownership -- Upper Deck, LLC The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Corene Hall, Deputy City Clerk Posted: August 12, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF AUGUST 17, 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. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." 2. Ordinance No. 2575 -2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. 3. Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. 4. Resolution No. 2011 -63 -- Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled Main Street Reconstruction 2011 for the Total Amount of $157,131.00 5. Resolution No. 2011 -64 -- Awarding a Contract for Engineering Services for the Project Entitled Kenai Municipal Airport Master Plan 2010 to Wince - Corthell -Bryson for the Total Amount of $483,715.00. 6. Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. 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. ...0 Corene Hall, Deputy City Clerk Posted: August 18, 2011 BIAS AGENDA KENAI CITY COUNCIL — REGULAR MEETING AUGUST 17, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto://www.ci.kenal.ak.us 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: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) 1 -a. Substitute 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 Zoning District. 2 Ordinance No. 2560-2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." (Clerk's Note: At its July 20, 2011 meeting, the City Council postponed Ordinance No. 2560 -2011 until the second meeting in August (August 17, 2011) at the request of Vice Mayor Boyle. The motion to adopt is active.) 3. Ordinance No. 2564.2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. (Clerk's Note: At its June 15, 2011 meeting, the City Council amended Ordinance No. 2564 -2011 and subsequently postponed it until the second meeting in August (August 17, 2011) with direction for the Code Enforcement Officer, Planning and the City Manager to review the code enforcement aspect of it relative to real property.) 4. Ordinance No. 2575 -2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. 5. Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. 6. Resolution No. 2011.63 -- Awarding a Contract to North Star Paving and Construction. Inc. for the Proiect Entitled Main Street F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2577 -2011 -- Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by $89,053 in the Airport Improvement Capital Project Fund for Capital Improvements. 4. Action /Approval — Utility Easement to Homer Electric Association, Inc. for an area of land embracing 69 square feet, more or less within a portion of Alaska State Land Survey ASLS No. 76 -118 according to plat number 79 -169 Kenai Recording District situated in the SE 1/4 Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska, City of Kenai. 5. Discussion -- Set Special Meeting /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 Administration: CINGSA -- Mineral Rights, Easements and Pore Space. EXECUTIVE SESSION — None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: / /www.ci.kenai.ak.us. Corene Hall, Deputy City Clerk D /211 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA 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 #96546 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: August 15, 2011 X SUBSCRIBED AND SWORN to me before 18th da of August 2011 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 17, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www,ci.kenai.ak.us 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: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) 1 -a. Substitute 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 Zoning District. 2 Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." (Clerk's Note: At its July 20, 2011 meeting, the City Council postponed Ordinance No. 2560 -2011 until the second meeting in August (August 17, 2011) at the request of Vice Mayor Boyle. The motion to adopt is active.) 3. Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30. "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. (Clerk's Note: At its June 15, 2011 meeting, the City Council amended Ordinance Na 2564 -2011 and subsequently postponed it until the second meeting in August (August 17, 2011) with direction for the Code Enforcement Officer, Planning and the City Manager to review the code enforcement aspect of it relative to real property.) 4. Ordinance No. 2575-2011 - Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. 5. Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off-Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate. Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. 6. Resolution No. 2011 -63 -- Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled Main Street Reconstruction 2011 for the Total Amount of $157,131.00 7. Resolution No. 2011 -64 - Awarding a Contract for Engineering Services for the Project Entitled Kenai Municipal. Airport Master Plan 2010 to Wince - Corthell -Bryson for the Total Amount of $483,715.00. - 8. *Liquor License Renewal - Transfer of Ownership - Upper Deck, LLC F: UNFINISHED BUSINESS ITEM G- NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3, *Ordinance No. 2577 -2011 -- Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by $69,053 in the Airport Improvement Capital Project Fund for Capital Improvements. 4. Action /Approval - Utility Easement to Homer Electric Association, Inc. for an area of land embracing 69 square feet, more or less within a portion of Alaska State Land Survey ASLS No. 76 -118 according to plat number 79 -169 Kenai Recording District situated in the SE Y. Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska, City of Kenai. 5. Discussion -- Set Special Meeting /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 Administration: CINGSA -- Mineral Rights, Easements and Pore Space. EXECUTIVE SESSION -- None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: / /www.ci.kenai.ak.us. Corene Hall, Deputy City Clerk D833/211