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HomeMy WebLinkAbout2014-02-12 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 12, 2014 - 7:00 p.m. Work Session — On Transitional Housing immediately following regular meeting. 1. CALL TO ORDER: • Pledge of Allegiance • Roll Call • Agenda Approval • Consent Agenda • *Excused Absence *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. 2. *APPROVAL OF MINUTES: a) *January 22, 2014 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a) PZ14 -01 — A resolution of the Kenai Planning and Zoning Commission recommending the Kenai City Council enact changes to KMC Chapter 14.05 Planning and Zoning Commission, to provide for limited telephonic participation by Planning and Zoning Commissioners at Planning and Zoning Commission meetings. (Clerk's Note: Motion to reconsider was made at the Planning and Zoning Commission meeting held on January 22, 2014 and postponed to the February 12, 2014 Planning and Zoning Commission meeting. Motion to approve is on the floor.) 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: a) Storefront Improvement Program 9. REPORTS: a) City Council b) Borough Planning c) Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a) 2013 Annual Gravel Pit Report 12. NEXT MEETING ATTENDANCE NOTIFICATION: February 26, 2014 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION JANUARY 22, 2014 — 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. c. Agenda Approval Chair J. Twait, H. Knackstedt, K. Peterson, D. Fikes, P. Bryson J. Arness (excused) City Manager R. Koch, Planning Assistant N.Carver, Council Liaison T. Navarre, Deputy City Clerk C. Hall Commissioner Knackstedt requested the following additions to the packet: ADD TO: 1 -e. Excused Absences — J. Arness 6 -a. Reconsideration of PZ14 -01 MOTION: Commissioner Knackstedt MOVED to approve the agenda and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections. SO ORDERED. e. *Excused Absences Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES —January 8, 2014 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT— None. 4. CONSIDERATION OF PLATS — None. 5. PUBLIC HEARINGS a. PZ14 -03 — Conditional Use Permit for a Funeral home, crematory and mortuary for the properties known as Lot 1A and 22A, Thompson Park Subdivision O'Neil Addition (5743 Kenai Spur Highway and 145 Fireweed Lane) application submitted by Legacy Funeral Homes, Anchorage, Alaska. City Manager Koch reviewed the staff report included in the packet, recommending approval with the following requirements: • Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. • Remove existing lot line to eliminate any possible zoning violations. • Submit a landscape /site plan showing parking spaces. No building permits can be issued without an approved landscape /site plan. • A sight - obscuring fence is required for all outside storage. • Register with the Kenai Peninsula Borough to collect sales tax. • All plans requiring building permits must be submitted by a licensed design professional. MOTION: Commissioner Knackstedt MOVED to approve PZ14 -03, Conditional Use Permit for a Funeral home, crematory and mortuary for the properties known as Lot 1A and 22A, Thompson Park Subdivision O'Neil Addition (5743 Kenai Spur Highway and 145 Fireweed Lane) application submitted by Legacy Funeral Homes, Anchorage, Alaska; including staff recommendations. Commissioner Fikes SECONDED the motion. Twait read the rules of public hearing and opened the meeting to public comment. Jeremy Netterton, renter of property — Mr. Netterton had questions about the sale of the property and his lease. Steve Novakovich, applicant — Mr. Novakovich reassured Mr. Netterton that he would honor the lease. He also answered questions regarding emissions and possible pollution. PLANNING AND ZONING COMMISSION MEETING JANUARY 22, 2014 PAGE 2 VOTE: YEA: Knackstedt, Peterson, Fikes, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. Twait read the rules regarding the 15 day appeals process. 6. UNFINISHED BUSINESS Chair Twait passed the gavel to Vice Chair Knackstedt. MOTION: Commissioner Twait MOVED to reconsider Resolution No. PZ14 -01 and Commissioner Peterson SECONDED the motion. Knackstedt opened the hearing to public comment. There being no one wishing to speak the public hearing was closed. VOTE: YEA: Knackstedt, Peterson, Fikes, Twait NAY: Bryson MOTION PASSED. MOTION TO POSTPONE: Commissioner Twait MOVED to postpone Resolution No. PZ14 -01 to the February 12, 2014 meeting and Commissioner Fikes SECONDED the motion. VOTE: YEA: Knackstedt, Peterson, Fikes, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. Vice Chair Knackstedt passed the gavel back to Chair Twait. 7. NEW BUSINESS a. PZ14 -02 — Transfer of Conditional Use Permit — Purchased condominium interest in property known as Kenai Landing — 2101 Bowpicker Lane Units 1 — 4. Transfer requested by Great Pacific Seafoods, Inc. C/O Roger Stiles, Seattle, WA. PLANNING AND ZONING COMMISSION MEETING JANUARY 22, 2014 PAGE 3 City Manager Koch reviewed the staff report included in the packet, recommending approval with the following requirements: • Comply with all state, local and federal regulations. • Submit State of Alaska, Department of Environmental Conservation documentation of approval for septic systems and water systems for the conditional uses. • Provide landscape /site plans for review and approval when applications for building permits are submitted. • Provide landscape /site plan for the recreational vehicle park for review and approval. • If the recreational vehicle sites are increased in the future, submit landscape /site plan for approval. • Mark all buildings with proper unit number not less than 4" tall. • Provide copy of current State of Alaska business license. • Provide verification of sales tax registration with the Kenai Peninsula Borough. • Submit copy of recorded condominium declaration. • Review of 2014 annual report to verify that all uses were operated; otherwise the Conditional Use Permit must be amended to remove the uses not operated. MOTION: Commissioner Peterson MOVED to approve PZ14 -02, Transfer of Conditional Use Permit — Purchased condominium interest in property known as Kenai Landing — 2101 Bowpicker Lane Units 1 — 4. Transfer requested by Great Pacific Seafoods, Inc. C/O Roger Stiles, Seattle, WA with all staff recommendations. Commissioner Fikes SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: YEA: Knackstedt, Peterson, Fikes, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. 8. PENDING ITEMS a. Storefront Improvement Program 9. REPORTS a. City Council — Council Member Navarre reviewed the January 15 Council meeting. b. Borough Planning — Commissioner Bryson reported there had been no meeting since the Commission had last met. PLANNING AND ZONING COMMISSION MEETING JANUARY 22, 2014 PAGE 4 c. Administration — City Manager Koch reported the City Planner should arrive on the 24th of January and noted Ms. Carver's last day; thanking her for her years of service. 10. PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash Avenue — Ms. Schmidt thanked Carver for her work with the Commission and suggested creating standards for addressing emissions in zoning codes. 11. INFORMATION ITEMS a. 2013 Annual Code Enforcement Report b. 2013 Annual Resolution Report c. 2013 Building Permit Report 12. NEXT MEETING ATTENDANCE NOTIFICATION — February 12, 2014 No commissioners requested an excused absence from the February 12 meeting. 13. COMMISSION COMMENTS & QUESTIONS — None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:53 p. M. Minutes prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JANUARY 22, 2014 PAGE 5 5a, "'Villaye with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIII1 then 1992 KENAI, ALASKA �� MEMO: TO: Planning & Zoning Commission THRU: Frances Krizmanich, City Planner FROM: Wilma Anderson, Planning & Zoning Assistant DATE: February 3, 2014 SUBJECT: Reconsideration PZ14 -01 — Resolution Recommending Limited telephonic participation by Planning & Zoning Commissioners At the January 15, 2014, City Council meeting the Council amended and referred the attached amendment back to the Planning Commission for reconsideration. The attached resolution recommends the Kenai City Council enact changes to KMC 14.05 that will provide for limited telephonic participation by Planning and Zoning Commissioners at Planning and Zoning Commission meetings. Administration is in favor of the recommendation. Suggested by: Mayor Porter CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -01 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL ENACT CHANGES TO KENAI MUNICIPAL CODE CHAPTER 14.05 PLANNING AND ZONING COMMISSION, TO PROVIDE FOR LIMITED TELEPHONIC PARTICIPATION BY PLANNING AND ZONING COMMISSIONERS AT PLANNING AND ZONING COMMISSION MEETINGS. WHEREAS, City Council Members may participate telephonically at Council Meetings pursuant to KMC 1. 15.130 Telephonic participation; and, WHEREAS, the Planning and Zoning Commission is the only body of the City other than the City Council that regularly meets twice a month; and, WHEREAS, allowing Planning and Zoning Commissioners to participate telephonically at Planning and Zoning Commission Meetings similar to what is allowed for Council Members may ease the burden of service for Commissioners and encourage greater participation at meetings without detracting materially from the process. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: That the City of Kenai Planning and Zoning Commission recommends Council enact amendments to Kenai Municipal Code Chapter 14.05, Planning and Zoning Commission, as provided in Ordinance No. 2734 -2014, to provide for limited telephonic participation by Planning and Zoning Commissioners at Planning and Zoning Commission Meetings. PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 12th day of February, 2014. ' ' M I ATTEST: Introduced/Failed: January S, 2014 Amended: January 22, 2014 Reintroduced: February 12, 2014 1101'11aye with a Past, Cl� wN a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 bftd Telephone: 907 - 283 -7535 f FAX: 907 -283 -3014 '111 1992 MEMORANDUM TO: Planning & Zoning Commission FROM: Sandra Modigh, City Cleih� DATE: January 16, 2014 SUBJECT: City Council Ordinance No. 2734 -2014 At its meeting on January 15, 2014 City Council amended and referred to the Planning & Zoning Commission Ordinance No. 2734 -2014, which would enact a section within the Kenai Municipal Code to allow for a limited telephonic participation at P &Z commission meetings by commissioners. The Ordinance was referred to the Commission for review and a recommendation to Council. It was requested to have the recommendation to Council by its February 5`h meeting; however, after discussion with the Planning Department, it was determined this was not a realistic time frame as the packet for the commissions last January meeting had already been compiled /distributed. I recommended not placing this item as a lay down without the proper notice /advertising since there was public input at the commission's last meeting regarding this topic. This item should be placed on the commission's first meeting in February. Please let me know if you have any questions. Mayor Porter opened the floor for public comment on consent agenda items, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. *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. B. SCHEDULED PUBLIC COMMENTS William Lierman & Brandy Niclai, Alaska Permanent Capital Management Company — 2013 Investment Performance. [Clerk's Note: Twenty minutes has been requested for this presentation.] Mr. Lierman reviewed the City's account summary advising the City's investment returns have exceeded what was originally projected. Ms. Niclai provided a 2013 Market Recap, reviewed the City's portfolio, and the 2014 economic and market outlook and long term expected return. C. UNSCHEDULED PUBLIC COMMENTS — There was no one in attendance wishing to speak. D. PUBLIC HEARINGS Ordinance No. 2734 -2014 — Enacting Kenai Municipal Code 14.25.025 Telephonic Participation at Planning and Zoning Meetings, to Allow for Limited Telephonic Participation at Planning and Zoning Commission Meetings by Commissioners. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2734 -2014, Enacting Kenai Municipal Code 14.25.025 Telephonic Participation at Planning and Zoning Meetings, to Allow for Limited Telephonic Participation at Planning and Zoning Commission Meetings by Commissioners. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Jeff Twait, Chair of the Planning and Zoning Commission, advised the resolution failed by a 3/2 vote, him being on the prevailing side. Mr. Twait offered possible amendments spoke in favor of the concept. Council Member Molloy recommended all Commissioners be present in attendance for any quasi-judicial proceedings. City of Kenai Council Meeting Minutes January 15, 2014 Page 2 of 16 MOTION TO AMEND: Vice Mayor Marquis MOVED to amend Ordinance No. 2734 -2014, by deleting Section Q in its entirety. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: "Student Representative Stroh: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION: Council Member Bookey MOVED to postpone Ordinance No. 2734 -2014 and refer it to the Planning & Zoning Commission for a recommendation to be brought back to Council at its February 5 meeting. Council Member Boyle SECONDED the motion. VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: * "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2735 -2014 — Amending Kenai Municipal Code 1.90.010 - Creation, to Provide for Mayoral Nomination with Council Confirmation Instead of Elections for Assignments of Council Member Ex- Officios to Boards Commissions and Committees of the City and Clarifying the Time for Such Nominations and Confirmation. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2735 -2014, Amending Kenai Municipal Code 1.90.010- Creation, to Provide for Mayoral Nomination with Council Confirmation Instead of Elections for Assignments of Council Member Ex- Officios to Boards Commissions and Committees of the City and Clarifying the Time for Such Nominations and Confirmation. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing. Carol Freas, Kenai resident, spoke in opposition of Ordinance No. 2735 -2014 There being no one else wishing to speak, the public hearing was closed. City of Kenai Council Meeting Minutes January 15, 2014 Page 3 of 16 COUNCIL REFERRED TO: P-1-2 Qb�&jj'm Date: 1 -1 S- t 4 Sv'A Retum By., a --5 -14 Suggested by Mayor Porter CITY OF KENAI ORDINANCE NO. 2734 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 14.25.025- TELEPHONIC PARTICIPATION AT PLANNING AND ZONING MEETINGS, TO ALLOW FOR LIMITED TELEPHONIC PARTICIPATION AT PLANNING AND ZONING COMMISSION MEETINGS BY COMMISSIONERS. WHEREAS, City Council Members may participate telephonically at Council Meetings pursuant to KMC 1.15.130- Telephonic participation; and, WHEREAS, the Planning and Zoning Commission is the only body of the City other than the City Council that regularly meets twice a month; and, WHEREAS, allowing Planning and Zoning Commissioners to participate telephonically at Planning and Zoning Commission Meetings similar to what is allowed for Council Members may ease the burden of service for Commissioners and encourage g reater participation at meetings without detracting materially from the process; and, WHEREAS, at the regular Planning and Zoning Commission meeting of January 8, 2014, the Planning and Zoning Commission recommended the City Council Ordinance 2734 -2014. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA Section 1. Form: That this is a Code ordinance. Section 2. Enactment of Section 14.05 025 of the Kenai Munici al Code: That Kenai Municipal Code, Section 14.05.025- Telephonic Participation at Planning and Zoning Commission Meetings, is hereby enacted as follows: Meetings. telephone at any one (1) meeting. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2734 -2014 Page 2 of 3 (c) The commissioner shall notify the Clerk's office in writing as soon as reasonably practical, but not less than six (6) hours prior to the start of the Commission meeting that the member proposes to attend by telephone Such notification shall state whether such telephonic Participation is Pursuant to subsection n or o and shall provide the physical address of the location the telephone number, and any available facsimile email or other document transmission service. Failure to Provide the notification within the period of time provided herein shall result in the member's exclusion from attendance of a Commission meeting through telephonic Participation. The Clerk or designee shall notify all Commission members of the request (d) At the meeting, the Clerk or designee shall establish the telephone connection when the call to order is imminent (e) A commissioner participating by telephone shall be counted as present for purposes of discussion and voting (fl The commissioner participating by telephone shall make every effort to participate in the entire meeting. From time to time during the ,meeting the presiding officer shall confirm the connection. (g) The commissioner participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable the Clerk or designee shall provide backup materials to commissioners PgAicipating by telephone at the commissioner's expense. (i) If the telephone connection cannot be made or is made and then lost the meeting shall commence or continue as scheduled and the Clerk or designee shall attempt to establish or restore the connection Meeting times shall be expressed in Alaska time regardless of the time at the location of any commissioner participating by telephone (k) Participation by telephone shall be allowed for regular , special and work session meetings of the Commission. (I) Remarks by commissioners participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, Provided that in executive session the remarks shall be audible OP—ly to those included in the executive session. (m) As used in these rules "telephone" means any system for synchronous two (21 way voice communication. Chao includes the Vice -Chair or anv other commissioner serving as chair pro tempore. (n) Each commissioner may attend a maximum of four (4) meetings by teleconference during the twelve (12) month period starting November 1st of each year. (o) A commissioner may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each year if the member declares that he or she is Physically unable to attend the meeting due to the need for extended medical care and treatment of the member or member's immediate family. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2734 -2014 Page 3 of 3 Section 3. Severability: That 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 p art, 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: That pursuant to KMC 1.15.070(fl, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of January, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, 1LAYOR Introduced: January 2, 2014 Adopted: t—• •• Effective: I`eHx,— New Text Underlined; DELETED TEXT BRACKETED] "tlillaye with a Past, Cl� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Scott Bloom, City Attorney DATE: December 23, 2013 SUBJECT: Ordinance No. 2734 -2014, P & Z Telephonic Participation The Planning and Zoning Commission is the only body of the City aside from Council that regularly meets twice a month. Members of the Planning and Zoning Commission have requested the ability to participate in Planning and Zoning meetings telephonically. This Ordinance would allow the Commission to participate telephonically similar to what is permitted for Council. Your consideration is appreciated. YAOrdinances & Resolutions \Ordinances \Ordinance No, 2734 -2014 P &Z Telephonic Participation MEMO.docx " 'l�a9e tvit� a Past Ci� with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 11 1991 TO: Sandra Modigh, City Clerk THRU: Rick Koch, City Manager /Acting City Planner FROM Nancy Carver, Planning & Zoning Assistant I DATE: January 9, 2014 SUBJECT: Planning Commission Resolution PZ14 -01— Limited Telephonic Participation for Planning and Zoning Commissioners At their meeting on January 8, 2014, the Planning & Zoning Commission failed to pass Resolution PZ14 -01 recommending limited telephonic participation for Planning and Zoning Commissioners at Planning and Zoning meetings. Attached to this memo are the draft Council ordinance No. 2734 -2014 and the Commission's failed resolution. Let me know if anything else is needed to submit this information for Council's consideration. Thanks. Attachments: I. Planning & Zoning Resolution PZ14 -01 2. Council Ordinance No. 2734 -2014 Suggested by: Mayor Porter CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -01 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL ENACT CHANGES TO KENAI M COMMCOMM PLANNING AND ZONING COMMISSION, TO PROVIDE F ODE CHAPTER 14.05 PARTICIPATION BY PLANNING AND ZONING COMMISSI IMITED TELEPHONIC ZONING COMMISSION MEETINGS. AT PLANNING AND WHEREAS, City Council Members may participate 1. 15.130 Telephonic participation; and, WHEREAS, the Planning and Zoning Commission is Council that regularly meets twice a month; and, WHEREAS, allowing Planning and Zoning Cc Zoning Commission Meetings similar to what service for Commissioners and encourage gry+�a from the process. ' Council Meetings pursuant to KMC only body of the City other than the City ,ncipate telephonically at Planning and ncil Members may ease the burden of meetings without detracting materially NOW, THEREFORE, BE IT RESO D BY 011176 AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKAI That the City of Kenji PI tng and Zon g o fission recommends Council enact amendments to Kenai Municipal Co r Chater 14:05, Pla 'ng and Zoning Commission, as provided in Ordinance No. 2734 -2014, to provj$e for limited telephoni participation by Planning and Zoning Commissioners at Planning and Zom g Commission M etings. PASSED BY T E' ?L G Z G COMMISSION OF THE CITY OF KENAI, ALASKA this 8th day of Jan 2014 / ATTEST: " V, 11455 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 and Counciers FROM: Scott Bloom, City Attorne �g BATE: January 9, 2014 SUBJECT: Amendment Memo for Ordinance No. 2734 -2014, P & Z Telephonic Participation for Planning and Zoning Commissioners At the regular Planning and Zoning Commission Meeting of January 8, 2014, the Planning and Zoning Commission considered a motion to recommend Council Adopt Ord. No. 2734 -2014 an Ordinance providing for telephonic participation by Planning and Zoning Commissioners at meetings. The motion did not pass. The last WHEREAS clause of Ordinance No. 2734 -2014 should be amended to read: WHEREAS, at the regular Planning and Zoning Commission meeting of January 8, 2014, the Planning and Zoning Commission considered but did not pass Planning and Zoning Commission Resolution No. PZ14 -01, A Resolution Recommending the Kenai City Council Enact Changes to Kenai Municipal Code Chapter 14.05 Planning and Zoning Commission, to Provide for Limited Telephonic Participation by Planning and Zoning Commissioners at Planning and Zoning Commission Meetings. Y: \Ordinances & Resolutions \Ordinances \Ordinance No. 2734 -2014 P &Z Telephonic Participation MEMO II.docx q0 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 5, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us 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, thirty (30) minutes aggregated) '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. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. ENACTED UNANIMOUSLY. Ordinance No. 2737 -2014 — Reappropriating State Grant Funds in the Municipal Roadway Improvements Capital Project Fund to the Senior Center Improvement Capital Project Fund. 2. ENACTED UNANIMOUSLY. Ordinance No. 2738 -2014 — Increasing Appropriations in the Airport Land Sales Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the Airport's Operating Fund. 3. ENACTED UNANIMOUSLY. Ordinance No. 2739 -2014 — Increasing Appropriations in the General Land Sales Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City's General Fund. 4. REMOVED FROM AGENDA/NO ACTION. Resolution No. 2014 -17 — Approving a Policy for Council Member Ex- Officios to City Boards, Commissions, and Committees. E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 15, 2014 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action /Approval — Bills to be Ratified 2. REMOVED FROM CONSENT AGENDA/ APPROVED UNANIMOUSLY *Action /Approval — Purchase Orders Exceeding $15,000 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON 2119. *Ordinance No. 2740 -2014 — Amending Kenai Municipal Code 7.15.060 - Sales, Surplus, Competitive Bidding, to Provide an Exception for the Disposal of Library Materials Removed from the City's Collection. 4. MAYOR NOMINATED GLENESE PETTY /COUNCIL TO CONFIRM AT 2119 MEETING. Action /Approval — Mayoral Nomination and Council Confirmation of an Applicant to the Planning and Zoning Commission. 5. APPROVED UNANIMOUSLY. Action /Approval — Mayoral Nomination and Council Confirmation of Mr. Foster Walters to the Council on Aging. 6. APPROVED UNANIMOUSLY. Action /Approval — Authorizing the City Manager to Draft a Letter of Support for House Bill 141. 7. APPROVED UNANIMOUSLY. Action /Approval — Non Objection of Liquor License Renewals: • Schillings Alaska Inc., D /B /A Uptown Motel /Back Door Lounge • Schilling Alaska Inc., D /B /A Uptown Motel Louie's • Upper Deck LLC., The Upper Deck • Fraternal Order of Eagles #3525 • Wal -Mart Stores Inc., Wal -Mart 4474 8. CITY ATTORNEY & CLERK SCHEDULED ON 316 AT 6P / CITY MANAGER SCHEDULED ON 3120 AT 6P. Action /Discussion — Schedule Annual Evaluations for the City Manager, City Attorney, and City Clerk, 9. SCHEDULED ON 3124 AT 6P. Action /Discussion —Schedule Work Session on Snow Removal. 10. COUNCIL CONCURRED TO HAVE CITY MANAGER PROCEED. Discussion — Municipal Park Playground Expansion (2 -5 Year -Old Play 5, 2014 Page H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. 1. Discussion — Review of the City Manager's Employment Agreement which may be Considered a Subject that Tends to Prejudice the Reputation and Character of the City Manager [AS44.62.310(c)(2)]. Ordinance No. 2734 -2014 — Enacting Kenai Municipal Code 14.25.025 Telephonic Participation at Planning and Zoning Meetings, to Allow for Limited Telephonic Participation at Planning and Zoning Commission Meetings by Commissioners. [Clerk's Note: Ordinance was postponed and referred to the Planning & Zoning Commission to be brought back to Council at its February 5, 2014 meeting.] N. ADJOURNMENT 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Correspondence from the State of Alaska regarding the Fiscal Year 2015 Population Determination for the City of Kenai. City of Kenai Council Meeting Agenda Page 3 of 4 February 5, 2014 3. Correspondence from Kenai Peninsula Borough River Center regarding the Borough's Anadromous Waters Habitat Protection Ordinance. The agenda and supporting documents are posted on the City's website at www.ci.kenaLak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -8231. City of Kenai Council Meeting Agenda Page 4 of 4 February 5, 2014 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 7:00 p.m. January 27, 2014 Final Agenda MEMBERS: A. CALL TO ORDER Paulette Bokenko- Carluccio B. ROLL CALL City of Seldovia Term Expires 2015 C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES Sandra Holsten East Peninsula 1. Agenda Term Expires 2016 2. Member /Alternate Excused Absences Harry Lockwood (February &March) Ridgeway a. Sandra Holsten, East Peninsula Term Expires 2016 3. Minutes Robert Ruffner Clam Expires 201 f Term Expires 2015 a. January 6, 2014 Plat Committee Minutes n! D. PUBLIC COMMENT ALTERNATES: (Items other than those appearing on the agenda. Limited to five minutes per speaker Mari Anne Gross unless previous arrangements are made.) Southwest Borough Term Expires 2014 E. SUBDIVISION PLAT PUBLIC HEARINGS James [sham 1. Ralph Harris Sub 2013 Replat Sterling Term Expires 2015 KPB File 2014 -006 Johnson /Cessnun, Clemson [ ] Location: Bean Creek Road Jason Tauriainen Cooper Landing APC Northwest Borough Term Expires 2014 2. Tiet]en Sub 2013 Addn. KPB File 2014 -007 [Johnson /Udelhoven] Location: City of Homer 3. Paradise Heights Sub 2013 Replat KPB File 2014 -008 [Johnson /Stark] Location: City of Homer 4. Strawberry Acres Sub Roser Addn. KPB File 2014 -011 [Segesser / Roser] Location: On Frogberry Street in Kenai Surveyor requested Postponement. 5. Damon Plaza Sub Nettles Replat KPB File 2014 -012 [Segesser /Byler] Location: On Damon Avenue in Soldotna F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER/ NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, February 10, 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2215 Fax: 907-714-2378 Phone: toll free within the Borough 1 -800- 478 -4441, extension 2215 e -mail address: planning(dborough.kenai.ak us web site: www.borough.kenai.ak.us/planningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 January 27, 2014 - 7:30 P.M. Final Agenda Philip Bryson Chairman A. CALL TO ORDER Kenai City Term Expires 2016 B. ROLL CALL Paulette Bokenko- Carluccio PC Member C. APPROVAL OF CONSENT AND REGULAR AGENDA City of All items marked with an asterisk are consent agenda items. Consent agenda items are Term Expires 2015 Expires 2 considered routine and non-controversial ti the Planning Commission and will be approved b one motion. There will be no separate discussion of consent agenda items unless a Planning Alice Joanne Collins Commissioner so requests in which case the item will be removed from the consent agenda and PC Member considered in its normal sequence on the regular agenda. Anchor Point/ IVinilchik Term Expires 2016 If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Cindy Ecklund Chairman of your wish to comment. PC Member City of Seward *1. Time Extension Request - None Term Expires 2014 Dr. Rick Foster -2. Planning Commission Resolutions - None Parliamentarian Homer City *3. Plats Granted Administrative Approval Term Expires 2016 Mari Anne cross '4. Plats Granted Final Approval (20.04.070) - None PC Member Southwest Borough 'S. Plat Amendment Request- None Term Expires 2014 Sandra Key Holsten `6. Commissioner Excused Absences PC Member East Peninsula a. JoAnne Collins, Anchor Point / Ninilchik Term Expires 2016 James Isham b. Sandra Holsten, East Peninsula PC Member Sterling C. Blair Martin, Kalifornsky Beach Term Expires 2015 Harry Lockwood "7. Minutes PC Member Ridgeway a. January 6, 2014 Plat Committee Minutes Term Expires 2016 Blair Martin b. January 6, 2014 Planning Commission Minutes Vice Chairman Kalifornsky Beach D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS Term Expires 2015 (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous . arrangements are made. Paul Whitney PC Member City of Soldotna E. UNFINISHED BUSINESS Term Expires 2014 F. PUBLIC HEARINGS Robert Ruffner PC Member Clam Gulch 1. Ordinance 2014- 01, Authorizing the Release of a Correctional Facility Ter Term E m Expires 2015 Use Deed Restriction with Reversionary Rights on a Parcel of Land in the City of Seward that was Deeded to the City of Seward by the Kenai Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor Peninsula Borough. Description of Property: Parcel A, Spring Creek Correctional Facility site, according to Plat No. 84 -12, Seward Recording District, Third Judicial District, State of Alaska containing 262 acres more or less, Parcel No. 145- 320 -08. 2. Vacation of a portion of Cannonball Circle right of way; Vacation of a portion of the 10 -foot utility easement along the northwestern property line of Lot 2; Vacation of the platted section line easement and an exception to the 20 foot building setback. All portions of requested vacations are located within Section 32, Township 5 South, Range 12 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2014 -005. Petitioners: Jason G. and Tammy D. Neher of Fritz Creek, Alaska. Location: On Cannonball Circle in Homer area a. Vacate an approximate 10 -foot by 23 -foot area of a 50 -foot public right -of -way (a portion of the cul -de -sac) at the north end of Cannonball Circle to accommodate a building encroachment, as dedicated by Timberline Three Subdivision (Plat HM 83 -94). b. Vacate the 10 -foot utility easement along the northwestern property line of Lot 2 Timberline Three Subdivision that the structure occupies also created by said Plat HM 83 -94. C. Vacate that portion of the 33 -foot section line occupied by new structure as shown on the As -Built Survey drawing. Said section line easement was created by Timberline Subdivision Addition No. 1 (Plat HM 79 -24); carried forward to Timberline Three Subdivision (Plat HM 83 -94). d. Building setback exception request for a portion of the 20 foot building setback area that the structure occupies, the northwestern 20 feet of the building setback are within said Lot 2 more or less. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) - None H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None I. SPECIAL CONSIDERATIONS Damon Plaza Sub No. 2 Lots 6 & 7 Blk 3 Bldg. Setback Exception KPB File 2014 -013 Petitioner: Dennis Byler for Byler Contracting Location: On Damon Avenue in Soldotna J. SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 5 preliminary plats K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Kenai Planning Commission Meeting Minutes - December 11, 2013 2. Seward Planning Commission Meeting Minutes - November 7, 2013 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, February 10, 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce January 21, 2014 7:00 p.m. Cooper Landing Cooper Landing Community Hall January 21, 2014 6:00 p.m. Hope / Sunrise Hope Social Hall February 6, 2014 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907 - 714 -2200 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 Fax: 907 - 714 -2378 e -mail address: planning(cDborough.kenai.ak us web site: www, borough kenai ak us /p Ian ningdept KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. February 10, 2014 Tentative Agenda MEMBERS: A. CALL TO ORDER Paulette Bokenko- Carluccio B. ROLL CALL City of Seldovia Term Expires 2015 C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES Sandra Holsten East Peninsula 1. Agenda Term Expires 2016 2. Member /Alternate Excused Absences Harry Lockwood Ridgeway Term Expires 2016 a. Paulette Bokenko - Carluccio, City y of Seldovia Robert Ruffner b. Mari Anne Gross, Southwest Borough Clam Gulch /Kasilof Term Expires 2015 3. Minutes ALTERNATES: a. January 27, 2014 Plat Committee Minutes Mari Anne Gross Southwest Borough D D. PUBLIC COMMENT Term Expires 2014 (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) James Isham Sterling E. SUBDIVISION PLAT PUBLIC HEARINGS Term Expires 2015 Jason Tauhainen 1. Peninsula Center Sub SRH Replat Northwest Borough KPB File 2014 -015 [McLane /SQX Co., Stenga] Term Expires 2014 Location: City of Soldotna 2. Barnett's South Slope Sub Quiet Creek Park KPB File 2014 -016 [Seabright /Neal] Location: City of Homer 3. Lake Hills Sub 2014 Addn. KPB File 2014 -017 [Johnson /Hall] Location: On Chirikof Drive in Nikiski 4. Los Altos Sub 2013 Addn, KPB File 2014 -018 [Johnson /Neill] Location: On Hall Road in Sterling 5. Kee's Tern Subdivision (Revised Preliminary) KPB File 2013 -023 [Segesser /Martin] Location: City of Kenai F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS Mountain Ridge Hts. Part 2 Lot 11 Blk 4 Bldg. Setback Exception KPB File 2014 -014 Resolution No. 2014 -01 Petitioners: James and Patricia Deuter Location: Mountain Ridge Road in Sterling H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, February 24, 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5;30 p.m. PLANNING DEPARTMENT Phone: 907-714-2215 Fax: 907-714-2378 Phone: toll free within the Borough 1 -800- 478 -4441, extension 2215 e -mail address: plannino(a).borouoh . kenai ak us web site: www. borough. kenai ak us /planninadept M MEMO: O I a. "Xlla9e with a Past, Git with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �IIII� 1992 TO: Planning & Zoning Commission FROM: Francis Krizmanich , Planning Administration DATE: February 5, 2014 SUBJECT: Annual Reports — Extraction of Natural Resources There are currently seven active gravel pits operating in the City under Conditional Use Permits. The operators have submitted yearly reports as required by code. The following is a brief synopsis of the 2013 operations: The Cone pit operates under grandfather status. Mrs. Cone completed the reporting requirements for the operation. There are several parcels included in this extraction operation. Mrs. Cone reported approximately 1,720 cubic yards of pit run material and approximately 2,327 cubic yards of peat was used to process 50/50 mix materials extracted from this site this past year. No reclamation activity was reported. Meeks Sand and Gravel continue to lease and operate the pit. 2. Foster Construction holds permits to excavate from two areas. The oldest gravel pit is located off Beaver Loop Road in the Angler Acres area. This pit is now owned by Angler Enterprises, a corporation formed by the Fosters. This site is being reclaimed for a future Planned Unit Residential Development. The Fosters are continuing to work with legal representation to complete the documents required for the development. Mr. Foster reported that no material was extracted from the site during 2013. Foster Construction was notified that Kenai Municipal Code 14.20.157 (a) provides for revocation of permits if the pit is unused for a period of three (3) years. "If the administrative official determines based on his yearly review or any other investigation undertaken by him, that the conduct of the operation is not in compliance with the provisions of this chapter, he may revoke the permit. He shall not revoke the permit, however, unless and until the permit holder has been notified of the violation and given a reasonable opportunity to correct it. In the event that a pit is unused for a period of three (3) years, the administrative official may revoke the conditional use permit." Foster Construction reports that there has been no activity for the Planned Unit Development this year. Annual Report Extraction of Natural Resources Page 2 The second pit permit that Foster Construction operates is located off Beaver Loop Road between the Krogseng and Doyle pits. This pit is now owned by Twin Rivers Resources with Mr. Foster being the main contact. The report for this pit notes approximately 36,600 cubic yards of material excavated this past year. Permit holder reports that sand, gravel and peat were extracted from the pit. The report noted that the majority of this material was used at the City Maintenance Shop and Kenaitze Tribe medical facility in Old Town Kenai. No reclamation was conducted this past year. The report noted that the all of the material was extracted from the center of the pit. 3. Pat Doyle, Beaver Loop Sand & Gravel, operates off Beaver Loop Road next to Foster Construction. This pit is operated under grandfather status. The yearly report noted approximately 2,437 cubic yards of gravel was extracted and sold this year. No reclamation activity was reported. There is also a storage yard at the site for Doyle Construction. 4. Daniel Krogseng, AA Dan's Construction operates off Beaver Loop Road next to Foster Construction. Mr. Krogseng reported approximately 2,500 cubic yards of gravel was extracted this past year. No reclamation activity was reported. 5. Zubeck, Inc. operates from two parcels located in Hollier Subdivision. The pits are behind Cone's property. This site is operated under grandfather status. The yearly report notes that there was no activity during the year. No reclamation activities took place in 2013. The permit holder was notified that Kenai Municipal Code 14.20.157 (a) provides for revocation of permits if the pit is unused for a period of three (3) years. "If the administrative official determines based on his yearly review or any other investigation undertaken by him, that the conduct of the operation is not in compliance with the provisions of this chapter, he may revoke the permit. He shall not revoke the permit, however, unless and until the permit holder has been notified of the violation and given a reasonable opportunity to correct it. In the event that a pit is unused for a period of three (3) years, the administrative official may revoke the conditional use permit." 6. Michael Pelch operates a pit located off Beaver Loop Road across from the Foster's Angler Acres pit. Mr. Pelch reports no material was excavated during 2013 due to the high water table. The report notes reclamation activities included side slope work and tree planting. Mr. Pelch was notified that Kenai Municipal Code 14.20.157 (a) provides for revocation of permits if the pit is unused for a period of three (3) years. "If the administrative official determines based on his yearly review or any other investigation undertaken by him, that the conduct of the operation is not in compliance with the provisions of this chapter, he may revoke the permit. He shall not revoke the permit, however, unless and until the permit holder has been notified of the violation and given a reasonable opportunity to correct it. In the event that a pit is unused for a period of three (3) years, the administrative official may revoke the conditional use permit."