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HomeMy WebLinkAbout2014-11-05 Council PacketCITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE NOVEMBER 5, 2014 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. Ordinance No. 2797 -2014 — Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine for Violations of KMC 13.30.030 -Night Parking Prohibited. 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. QV ��_ Sandr q di , CMC, ity Jerk Posted: November 6, 2014 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING NOVEMBER 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. Administer Oaths of Office 4. Agenda Approval 5. 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 1. ENACTED UNANIMOUSLY. Ordinance No. 2797 -2014 — Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine for Violations of KMC 13.30.030 -Night Parking Prohibited. E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of October 15, 2014 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action /Approval — Bills to be Ratified 2. APPROVED BY THE CONSENT AGENDA. *Action /Approval — Purchase Orders Exceeding $15,000 H. 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON 11119. *Ordinance No. 2798 -2014 — Increasing Estimated Revenues and Appropriations by $16,515 in the Senior Citizen Fund, for Supplemental Nutrition, Transportation, and Support Services Grant Funding Received for Fiscal Year 2015. 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON 11119. *Ordinance No. 2799 -2014 — Consenting to the Vacation of Certain Rights -of -Ways within the Shoreline Heights 2014 Addition Subdivision. 5. Action /Approval — Schedule the Following: 1214 AT 6PM. Joint Work Session with the Parks & Recreation Commission to Discuss Municipal Park Improvements 11120 AT 6PM. Work Session to Review the 2014 Dip Net Report 6. POSTPONED TO THE 1213 MEETING. Action /Approval — Special Use Permit Between the City Of Kenai and Hilcorp Alaska, LLC for Parking of 37 Non - Commercial Passenger Vehicles in Designated Areas at the Kenai Municipal Airport. 7. POSTPONED TO THE 1213 MEETING. Action /Approval — Consent to Sublease between Dan O. Pitts and Hilcorp Alaska for Lot 2A1, FBO Subdivision. South Addition No. 2. 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 I. 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 Kenai City Council Meeting Page 2 of 3 November 5, 2014 L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None. N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Celebrating Hero's Event Sponsored by the Kenai Senior Center. The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.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. Kenai City Council Meeting Page 3 of 3 November 5, 2014 NOVEMBER 5, 2014 CITY COUNCIL MEETING REQUESTED REVISIONS TO THE AGENDA: ITEM: D.1 Ordinance No. 2797 -2014 Remove from the Consent Agenda REQUESTED ADDITIONS TO THE PACKET: G.2 Approval of Purchase Orders Exceeding $15,000 Supporting Memorandum G.6 & G.7 Special Use Permit & Consent to Sublease Request to Postpone Memorandum REQUESTED BY: City Clerk City Manager City Manager "Villaye with a Past, C# with a Future fl 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 OF Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 MEMORANDUM ilzea of KENAI, ALASKA TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director s/u�✓ DATE: November 5, 2014 SUBJECT: Recommend approval of amendments one and two to Nelson Engineering Rick, The purpose of this memo is to recommend approval and explain the scope of amendments one and two to Nelson Engineering. Amendment one is for the design and permitting of improvements to an existing observation well at the water treatment facility to allow it to be used for seasonal water production. The City of Kenai would like the ability to draw more water from the Well #2 site during peak summertime water usage. The lower aquifer monitoring well located approximately 45' south of Well #2 is a 6" well casing that extends down approximately 240'. This well has been test pumped previously while Well #2 is in production. Water quality testing has been performed and submitted to ADEC. We expect to draw up to 200 gpm from this well. Amendment two is for the design and permitting of a sand separator and geotechnical /future production well. The geotechnical well is necessary to design the sand separator. It will be used as a production well in the future. The sand separator is required to protect the water treatment filters from sand produced from existing and future wells. Thank you for your attention to this matter. u "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I I II 199] MEMO: TO: City Council IJ �j� FROM: Rick Koch (1 DATE: November 5, 2014 SUBJECT: Request to Postpone Agenda Items G6 and G7 The purpose of this correspondence is to request that Council postpone the above two referenced items until the regularly scheduled Council Meeting of December 3, 2014. Mr. Dan Pitts the leaseholder requesting approval of a sublease is unable to meet with the City Manager and /or address Council on these items as he is out of State on family business. I have spoken with Mr. Pitts and he agrees with this postponement. Thank you for your attention in this matter. AGENDA KENAI CITY COUNCIL — REGULAR MEETING NOVEMBER 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. Administer Oaths of Office 4. Agenda Approval 5. 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 1. *Ordinance No. 2797 -2014 — Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine for Violations of KMC 13.30.030 - Night Parking Prohibited . ...................................................................... Pg. 5 E. MINUTES 1. *Regular Meeting of October 15, 2014 ......................... ............................Pg. 11 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified .................... ............................Pg. 19 2. *Action /Approval — Purchase Orders Exceeding $15,000 ...................Pg. 21 3. *Ordinance No. 2798 -2014 — Increasing Estimated Revenues and Appropriations by $16,515 in the Senior Citizen Fund, for Supplemental H J. K. L. M. N. Nutrition, Transportation, and Support Services Grant Funding Received for Fiscal Year 2015 ....................................................... ............................Pg. 23 4. "Ordinance No. 2799-2014— Consenting to the Vacation of Certain Rights -of- Ways within the Shoreline Heights 2014 Addition Subdivision ..............Pg. 27 5. Action /Approval — Schedule the Following: ......................................... Pg. 61 • Joint Work Session with the Parks & Recreation Commission to Discuss Municipal Park Improvements • Work Session to Review the 2014 Dip Net Report 6. Action /Approval — Special Use Permit Between the City Of Kenai and Hilcorp Alaska, LLC for Parking of 37 Non - Commercial Passenger Vehicles in Designated Areas at the Kenai Municipal Airport ...... ............................Pg. 67 7. Action /Approval — Consent to Sublease between Dan O. Pitts and Hilcorp Alaska for Lot 2A1, FBO Subdivision, South Addition No. 2 ..................Pg. 75 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 ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ADDITIONAL PUBLIC COMMENT ..................... ............................Pg. 77 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION — None Scheduled. PENDING ITEMS — None. ADJOURNMENT Kenai City Council Meeting Page 2 of 3 November 5, 2014 INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review . .......... Pg. 81 2. Celebrating Hero's Event Sponsored by the Kenai Senior Center ..............Pg. 83 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us. Copies ofresolutions 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. Kenai City Council Meeting Page 3 of 3 November 5, 2014 [PAGE LEFT BLANK INTENTIONALLY] U Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2797 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE CODE VIOLATION FINE SCHEDULE IN KMC 13.10.015 TO INCLUDE A STANDARD FINE FOR VIOLATIONS OF KMC 13.30.030 -NIGHT PARKING PROHIBITED. WHEREAS, KMC 13.30.030 prohibits leaving any vehicle unattended on any city street between the hours of 4 a.m. and 8 a.m. after October 1 and until May 1 each year to allow for safe snow plowing operations; and, WHEREAS, under KMC 13.05. 10 the maximum penalty for violating KMC 13.30.030 is $500.00; and, WHEREAS, a standard fine in the amount of $50.00 is recommended by the Police Chief for violations of KMC 13.30.030 and is fair and reasonable; and, WHEREAS, establishing a standard fine eliminates the need for a mandatory arraignment and saves administrative and public resources. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form; That this is a code ordinance. Section 2. Amendment of Section 13.10.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.10.015 -Minor offenses amendable to disposition without court appearance by payment of a fine, is hereby amended as follows: 13.10.015 Minor offenses amendable to disposition without court appearance by payment of a fine. In accordance with AS 28.05.151, a citation issued for violation of any of the following sections of this title shall be subject to disposition with payment of a fine in lieu of a court appearance or as otherwise prescribed. Violations committed within highway work zones shall be subject to double the fine amount indicated. New Text Underlined; IDELETED TEXT BRACKETED) Page 5 of 83 Ordinance No. 2797 -2014 Page 2 of 4 CODE VIOLATION FINE SCHEDULE New Text Underlined; ]DELETED TEXT BRACKETED] Page 6 of 83 CITE RULE /OFFENSE FINE RULES OF ROAD 1 13 AAC 02.050(a) Driving on right required $ 75.00 2 13 AAC 02.050(6) Slower traffic to keep right 75.00 3 13 AAC 02.055(a) Overtaking on right 150.00 4 13 AAC 02.060(c) Restrictions on driving left of center 150.00 5 13 AAC 02.065(a) Overtaking on left 150.00 6 13 AAC 02.070 Passing vehicle proceeding in opposite direction 100.00 7 13 AAC 02.075(b) No passing zone I SOHO 8 13 AAC 02.090 Following too closely 100.00 9 13 AAC 02.080(b -c) Wrong way on one -way street 150.00 10 13 AAC 02.085(a) Driving on roadways laned for traffic / Improper lane change 75.00 11 13 AAC 02.095(a) Vehicles restricted from controlled access roadway 100.00 12 13 AAC 02.095(c) Controlled access roadway, entering or exiting 75.00 13 13 AAC 02.545(b) Driver to exercise due care 150.00 14 AS 28.35.410(a) Negligent driving 300.00 RIGHT -OF -WAY 15 13 AAC 02.0 1 0(a)(3)(A) Failure to stop for steady red tragic signal $ 150.00 16 13 AAC 02.120(a) Vehicle approaching intersection 90.00 17 13 AAC 02.125 Vehicle tuming left 150.00 is 13 AAC 02.130(b) Failure to obey stop signs 100.00 19 13 AAC 02.130(6 -c) Failure to yield after stopping or at yield sign 150.00 20 13 AAC 02.135(6) Stop and yield from private road or driveway 100.00 21 13 AAC 02.140(a -b) Failure to yield to emergency vehicle 150.00 PEDESTRIAN RIGHTS AND DUTIES 22 13 AAC 02.150 Pedestrian to obey control devices and regulations $ 40.00 23 13 AAC 01155(a) Driver to yield to pedestrian in crosswalk 100.00 24 13 AAC 02.155(b) Pedestrians to use due care 50.00 25 13 AAC 02.155(c) Driver not to pass vehicle stopped for pedestrian 75.00 26 13 AAC 02.155(d) Pedestrians to use right half of crosswalk 25.00 27 13 AAC 02.155(e) Driving through safety zone 75.00 28 13 AAC 02.160(a -f) Pedestrian crossing not in crosswalk to yield 40.00 29 13 AAC 02.160(e) Prohibited pedestrian crossing 40.00 30 13 AAC 02.160(d) Pedestrian crossing at other than right angle 25.00 New Text Underlined; ]DELETED TEXT BRACKETED] Page 6 of 83 Ordinance No. 2797 -2014 Page 3 of 4 31 13 AAC 02.175 Illegal walking on roadway 40.00 32 13 AAC 02.180 Pedestrians soliciting rides or business 50.00 33 13 AAC 02.190 Driver to yield right -of -way to blind pedestrians 150.00 TURNING AND STARTING 34 13 AAC 02.200(a -c) Turning movement prohibited or restricted $75.00 35 13 AAC 02.205(a -b) Improper U -turn 75.00 36 13 AAC 02.210 Improper start from parked position 75.00 37 13 AAC 02.215(a -0 Turning movements mid required signals 75.00 SPECIAL STOPS REQUIRED 38 13 AAC 02.257 Emerging from alley, driveway or building $100.00 39 13 AAC 02.265 Stop required when traffic obstructed 750 40 13 AAC 02.325(e) Overtaking and passing school bus 3 -19 over $ 8.00 per mile 41 20 or more over 12.00 per mile SPEED RESTRICTIONS 42 13 AAC 02.275(x) Safe speed under certain hazardous conditions (BASIC SPEED) $90.00 43 13 AAC 02.275(b) Speed violations- Designated limits 3 -19 over 8.00 per mile 44 20 or more over 12.00 per mile 45 13 AAC 02.280(a -d) Speed violations - Altered limits 3 -19 over 8.00 per mile 46 20 or more over 12.00 per mile 47 Minimum speed violation; impeding traffic 60.00 48 13 AAC 02.325(d) Speed violations - School zones 3 -9 over 12.00 per mile 49 10 -19 over 14.00 per mile 50 20 or more over 16.00 per mile OFF -ROAD VEHICLES 51 KMC 13.40.020(a -t) Off -road vehicle operation $100.00 52 KMC 1340.030 Special stops required 90.00 53 KMC 13.40.050 Helmet required 100.00 54 KMC 13.30.080 Operating vehicle in a prohibited area 100.00 ANIMALS 55 KMC 3. 10-010 Interference with peace or privacy (1st offense) $ 50.00 56 KMC 3.10.010 Interference with peace or privacy (2nd offense) 100.00 57 KMC 3.10.020(a, b and d) Control and confinement of animals (1st offense) 50.00 58 KMC 3.10.020(a, b and d) Control and confinement of animals (2nd offense) 100.00 59 KMC 3.20.0 10 Failure to license a dog 25.00 60 KMC 3.10.080 Failure to properly dispose of dog waste 50.00 PARKING New Text Underlined; [DELETED TEXT BRACKETED] Page 7 of 83 Ordinance No. 2797 -2014 Page 4 of 4 61 KMC 13.10.060 Camping on private property $50.00 62 KMC 13.30.030 Ni-ht Parking Prohibited 50.00 6[213 KMC 13.30.035 Paid parking 50.00 6[314 KMC 13.30.095 Parking prohibited on Kenai Avenue 50.00 6[4)5 KMC 18.35,010 Overnight camping 50.00 6[5)6 13 AAC 02.340 Parking, stopping on highway 50.00 6[617 AR 6.05.010 -030 Parking at Airport First offense 25.00 6[7]¢ Second offense 50.00 ABANDONED / JUNK VEHICLES / LITTERING 6[819 KMC 12.20.010 Deposit of refuse (littering) See KMC 12.20.010 for applicable fine amount $500.00 or $150.00 [69)lq KMC 12.25.020 Abandonment of vehicle 100.00 7[0]1 KMC 12.25.030 Junk vehicle 100.00 7[112 KMC 13.20.030 Protection of North and South Shore —No physical damage 150.00 7[2]3 KMC 13.20.030 Protection of North raid South Shore — Physical damage 500.00 7[3]4 Any offense under Title 13 of the Alaska Administrative Code which has been incorporated by reference under KMC 13.30.010 and is not listed on this fine schedule shall have a fine amount as provided by the State in Administrative Rule 43.1. 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 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: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of November, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: October 15, 2014 Adopted: November 5, 2014 Effective: December 5, 2014 New Test Underlined; [DELETED TEXT BRACKETED] Page 8 of 83 << tke city of / KENAI, ALASKA "Villme with a Past, City 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 DATE: 10/3/14 SUBJECT: Request Ordinance Amending Fine Schedule to Include Night Parking Prohibited KMC 13.30.030 Night Parking Prohibited states: After October 1 st of each fall and until May 1 st of the following year, no person shall leave any vehicle unattended on any City street between the hours of 4:00 a.m. and 8:00 a.m. of any day." Each Winter, nightshift police officers try to clear vehicles off of City streets so that City plow vehicles are unimpeded as they clear snow. Nightshift officers currently utilize three options upon seeing these violations: 1. Place a warning tag on the vehicle. 2. Knock on the door to wake up residents to move the vehicle. 3. Tow the vehicle. Officers regularly utilize options 1 and 2. Option 3 is a last resort, when the first 2 options don't work. I am requesting an ordinance which places a fine of $50 on the City bail schedule for this offense. With approval of the ordinance officers can still try to warn violators, but when a warning doesn't resolve the situation they can place a citation on the vehicle. llll'l 1991 Page 9 of 83 [PAGE LEFT BLANK INTENTIONALLY] Page 10 of 83 KENAI CITY COUNCIL — REGULAR MEETING OCTOBER 15, 2014 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on October 15, 2014, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Mayor Pat Porter Robert Molloy Mike Boyle Absent: Brian Gabriel A quorum was present. Also in attendance were: "Allison Ostrander, Student Representative Gus Sandahl, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Certification of Election MOTION: Ryan Marquis Terry Bookey Tim Navarre Council Member Navarre MOVED to certify the election of October 7, 2014. Council Member Marquis SECONDED the motion. VOTE: YEA: Porter, Bookey, Marquis, Molloy, Navarre NAY: Boyle "Student Representative Ostrander:YEA Page 11 of 83 4. Agenda Approval Mayor Porter noted the following requested additions to the packet: A.3. Certification of Election • Election Certificate G.9 Airport Mural Location • Supporting Documentation It was requested to have this item considered as G.5 MOTION: Council Member Navarre MOVED to approve the agenda with the requested amendments proposed by Mayor Porter and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 5. Consent Agenda MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items; there being no one wishing to be heard, public comment was closed. 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 — None C. UNSCHEDULED PUBLIC COMMENTS — None D. PUBLIC HEARINGS 1. Resolution No. 2014 -63 — Adopting the City of Kenai Capital Improvements Plan Priority Lists for State Funding Requests for State Fiscal Year 2016. Mayor Porter opened public hearing; there being no one wishing to be heard, the public hearing was closed. City of Kenai Council Meeting Page 2 of 7 October 15, 2014 Page 12 of 83 MOTION: Council Member Navarre MOVED to adopt Resolution No. 2014 -63 and requested UNANIMOUS CONSENT; the motion was SECONDED by Molloy. VOTE: There being no objections, SO ORDERED. 2. Resolution No. 2014 -64 — Adopting the City of Kenai Recommendations for State -Wide Projects. Mayor Porter opened public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION: Navarre MOVED to adopt Resolution No. 2014 -64 and requested UNANIMOUS CONSENT; the motion was SECONDED by Vice Mayor Marquis. VOTE: There being no objections, SO ORDERED. 3. Resolution No. 2014 -65 — Approving the Purchase of One Fire Vehicle Through State of Alaska Equipment Fleet Contract Pricing Contract. Mayor Porter opened public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -65 and requested UNANIMOUS CONSENT; the motion was SECONDED by Vice Mayor Marquis. Molloy noted there were several citizens unhappy with the City's current purchasing policy and requested to have this item on the agenda after organization of the Council. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.'Regular Meeting of October 1, 2014 2.`Work Session of October 6. 2014 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified. Bills were approved by the consent agenda. City of Kenai Council Meeting Page 3 of 7 October 15, 2014 Page 13 of 83 *Action /Approval — Purchase Orders Exceeding $15,000 Approved by the consent agenda. *Action /Approval — Non- Objection of Kenai Joes Liquor License Transfer. Approved by the consent agenda. 4. *Ordinance No. 2797 -2014 —Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine for Violations of KMC 13.30.030 - Night Parking Prohibited. Introduced by the consent agenda and set for public hearing on November 5, 2014. 5. Action /Approval — Airport Mural Location Council discussed whether the previous non objection was legitimate action of the body to move forward with the project and whether further direction was necessary. Attorney Bloom clarified that Council did not take action by not objecting as this was an administrative matter that Council was not objecting to administration moving forward. MOTION: Council Member Bookey MOVED to approve the mural location as recommended by the Airport Commission and makes a recommendation that the tree in question be removed; the motion was SECONDED by Vice Mayor Marquis. VOTE: YEA: Porter, Bookey, Marquis, Molloy, Navarre NAY: Boyle "Student Representative Ostrander: YEA MOTION PASSED. Marcus Muller addressed Council to provide a brief update on the project including frame work with the design of a canopy and lightening. The design will be brought to Administration with an agreement. 6. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Christine Hutchison to the Library Commission. MOTION: Vice Mayor Marquis MOVED to confirm the Mayor's nomination of appointing Christine Hutchison to the Library Commission; the motion was SECONDED by Bookey. October 15, 2014 Meeting Page 4 of 7 Page 14 of 83 VOTE: YEA: Boyle, Porter NAY: Bookey, Marquis, Molloy, Navarre "Student Representative Ostrander: YEA MOTION FAILED. 7. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Virginia L. Hallmark to the Council on Aging. MOTION: Vice Mayor Marquis MOVED to confirm the Mayor's nomination of appointing Virginia L. Hallmark to the Council on Aging and requested UNANIMOUS CONSENT; the motion was SECONDED by Bookey. VOTE: There being no objections, SO ORDERED. 8. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Shelly Peterson to the Beautification Commission. MOTION: Council Member Bookey MOVED to confirm the Mayor's nomination of appointing Shelly Peterson to the Beautification Commission and requested UNANIMOUS CONSENT; the motion was SECONDED by Molloy. VOTE: There being no objections, SO ORDERED. 9. Action /Approval — Rescheduling the November 19, 2014 City Council Meeting to Accommodate Council Members Attending the Alaska Municipal League Annual Local Government Conference being held November 17 -21, 2014. No action was taken. 10. Discussion — Permanent Protection for the Field of Flowers. Council and Administration discussed improvements to the field of flowers including protection of the field, possible parking, and proper signage; any improvements would be before Council at a later date. Concern was expressed about placing protection and parking whereby eliminating the field's simplicity. H. 1. Council on Aging — October meeting as cancelled. 2. Airport Commission — October meeting was cancelled. City of Kenai Council Meeting Page 5 of 7 October 15, 2014 Page 15 of 83 3. Harbor Commission — October meeting was cancelled. 4. Library Commission — October meeting was cancelled. 5. Parks and Recreation Commission — Bookey requested a joint work session with Council and the Commission to discuss the Municipal Park Improvements. Council concurred to have it placed on an upcoming agenda. 6. Planning and Zoning Commission —First meeting in October was cancelled. 7. Beautification Committee —Mayor noted no quorum. 8. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Porter reported on the following: • Great attendance at Coffee with the Mayor • Participated in mock council meetings with students from Kaleidoscope • Attended the presentation at Kaleidoscope regarding the City ADMINISTRATION REPORTS 1. City Manager— Acting City Manager Sandahl noted the Police Department had been placing notices on vehicles advising of the upcoming violation of night parking on streets during winter months. Council Member Bookey requested a report from the City Manager upon his return regarding the funding request noted in the public works monthly report. 2. City Attorney — No Report. 3. City Clerk — Modigh introduced the new Deputy Clerk Amber McGlasson and remind al of upcoming General Election. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) — None 2. Council Comments Mayor Porter thanked Council Member Boyle for his services to the community and wished him well. Council Member Boyle thanked the citizens for allowing him to sit on Council and be part of the process; thanked the Clerk and the Attorney for their assistance and the other councilors, especially Molloy. City of Kenai Council Meeting Page 6 of 7 October 15, 2014 Page 16 of 83 Council Member Molloy thanked Boyle for his service, persistence and his desire to provide assistance to the community; noted he appreciated the opportunity to serve together; congratulated Navarre and Knackstedt on the elections; congratulated Allie for State Championship. Council Member Marquis welcomed Amber; congratulated all candidates; thanked Boyle and apologized for throwing eggs at his house when he was 13. Student Representative Allie reported on Breast Cancer Awareness Month fundraisers; provided an update on the State Track event. Council Member Bookey thanked Boyle for his services and congratulated the newly elected. Mayor Porter noted Allie is #1 in the US in girls track. Council Member Navarre congratulated Allie; thanked Boyle and wished him luck; thanked all that voted for him; noted he will be out of town for the November 5th meeting. L. EXECUTIVE SESSION — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:59 p.m. Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk * *The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Page 7 of 7 October 15, 2014 Page 17 of 83 [PAGE LEFT BLANK INTENTIONALLY] Page 18 of 83 k / 2 k ( § k 2 ( § § \ § \ ] / a _ § ) § \ G S of k ( ( Page 3ea 00 \w 2 , k ( ~ m S 2 j ( ± ± \ k § ' g § ? g Q CL a \ \ \ § / K § / \ \ § 2 = / a & / F- � y ° / d > j § § a = 2 3/ co n � LU \ \) \ \ �( \§ ) { F- § §e k w \ \ z � } \ a § ƒ a = k / 2 k ( § k 2 ( § § \ § \ ] / a _ § ) § \ G S of k ( ( Page 3ea [PAGE LEFT BLANK INTENTIONALLY] Page 20 of 83 J O a a a J U z 7 O U W W Z 2 U O N O W C) o W o° CO N � r W fA O W z O a (1) O W O W z D F- w O W c a J = U U Z a � F Z m 0 a a w Page 21 0 z F N x w c 4 Q f Q H H a w 0 rn o 0 co 0 0 1- r N (7) M co O 0) Cl) I- N m � T Cl) Vl v o It O O o 6 o N I- N 7 0o N N 7 V T N M N :E H O�z O W F-w2 (o gw Lu 0 W F O Z 0 w =0Q U3a 9 rn 0 CN O U Z O N U H U Z O v x O z O a J Z J W Z F~_- Q W00 a W F U U_COp 0U-aa CL a U 0 v O Z z W 0 z K w w z z z w z O J w z O LL w >¢ J J } W F.. U r a Hz ai a d U 0 v v 0 T O Z 0 z w C7 Z of w w z 0 z w z O J W z [PAGE LEFT BLANK INTENTIONALLY] Page 22 of 83 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2798 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $16,515 IN THE SENIOR CITIZEN FUND, FOR SUPPLEMENTAL NUTRITION, TRANSPORTAION, AND SUPPORT SERVICES GRANT FUNDING RECIVED FOR FISCAL YEAR 2015. WHEREAS, Annually the City receives a grant from the State of Alaska Department of Health and Social Services to provide Senior Citizen, Nutrition, Transportation, and Support Services (NTS); and, WHEREAS, the FY2015 adopted budget estimated grant funding for the NTS program in the amount of $169,584; and, WHEREAS, the City has received notice the actual amount of the FY2015 grant will be $186,099, an increase of $16,515 over budgeted amounts; and, WHEREAS, the additional grant funds will be used for additional utilities and supplies in support of the City's Senior Nutrition, Transportation, and Support Services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1: Form: That this is a non -code ordinance. Section 2: That estimated revenues and appropriations be increased as follows: Senior Citizen Fund Increase Estimated Revenues: State Grants Increase Appropriations: Congregate Meals - Utilities Congregate Meals - Operating & Repair Supplies Home Delivered Meals - Operating & Repair Supplies New Text Underlined; [DELETED TEXT BRACKETED] Page 23 of 83 $16,5 1 $ 2,515 2,000 12.000 $I wu Ordinance No. 2798 -2014 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: November 5„ 2014 Adopted: November 19, 2014 Effective: November 19, 2014 New Text Underlined; [DELETED TEXT BRACKETED Page 24 of 83 u "Villa9e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 *.T*d Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1111F 1992 MEMO: TO: Rick Koch, City Manager FROM: Rachael Craig, Senior Center Director DATE: October 28, 2014 SUBJECT: Nutrition, Transportation, Meals Grant Increase We received notification of an increase of $16,515 to the Nutrition, Transportation, Meals (NTS) Grant. This brings total grant amount to be $186,099. Upon approval of the ordinance I would recommend we divide the funds in the following way: 019 - 471 -4537 Utilities: $ 2,515 019 -471 -2022 Supplies: $ 2,000 (Food) 019 - 472 -2022 Supplies: $12,000 (Food, Paper Products) Total Increase: $16,515 [PAGE LEFT BLANK INTENTIONALLY] Page 26 of 83 Suggested by: Administration CITY OF KENAI NO. 2799 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONSENTING TO THE VACATION OF CERTAIN RIGHT -OF -WAYS WITHIN THE PROPOSED SHORELINE HEIGHTS 2014 ADDITION SUBDIVISION. WHEREAS, on September 24, 2014, by Resolution PZ14 -21, the City of Kenai's Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve Shoreline Heights 2014 Addition Subdivision subject to certain conditions; and, WHEREAS, in conjunction with the recommendation for approval of the preliminary plat, the City's Planning and Zoning Commission recommended the vacation of certain utility easements and right -of -ways no longer needed, consistent with the subdivision plans; and, WHEREAS, on October 27, 2014, the Kenai Peninsula Borough Planning Commission met and approved the vacation of the right -of -ways and utility easements consistent with the City's Planning and Zoning Commission recommendation; and WHEREAS, on October 30, 2014, the City received notice from the Borough that consistent with State Statute and Borough code, the City has 30 days from October 27, 2014 to consent to or veto the vacation of these right -of -ways; and, WHEREAS, Kenai Municipal Code 22.05.110- Determination as to Need for Public Use, provides that City lands previously dedicated to public use can only be relinquished by an ordinance declaring such lands are no longer needed for public use; and, WHEREAS, the right -of -ways and easements listed below are no longer needed for public use as alternative public right -of -ways and easements are provided for consistent with the development of Shoreline Heights 2014 Addition Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a non -code ordinance. Section 2. That the following right -of -ways and easements within the Shoreline Heights 2014 Addition Subdivision all within Section 26, Township 6 North, Range 12 West, Seward Meridian, Alaska within the City of Kenai are no longer needed for public use: New Text Underlined; DELETED TEXT BRACKETED Page 27 of 83 Ordinance No. 2799 -2014 Page 2 of 2 1) Vacate Dation Drive, a 30 -foot right of way, dedicated by Shoreline Heights Subdivision No. 2 (Plat KN 93 -26); and 2) Vacate a portion of Ninilchik Drive, the southwest 575 feet of the remaining 30- feet of the (60 -foot right of way) dedicated by Radar Subdivision (Plat K 706); and 3) Vacate south 10 -feet of the remaining 40 -foot Ninilchik Drive adjacent to Tract A, originally dedicated by Shoreline Heights Subdivision (Plat KN 85 -184); and modified by R.M. Thompson Subdivision Henderson Replat (Plat KN 87 -51); 4) Vacate the 20 -foot and 30 -foot right of way and right of way access easement along with the associated utility easements granted by Right of Way Amendment for ADL 63572 within Book 307 Page 179; and 5) Vacate Anchor Way, which varies from a 30 -foot right of way to a 50 -foot; and all utility easements within Block 1 and 2 of Radar Subdivision (Plat K 706). Section 3. That a copy this Ordinance shall be forwarded to the Kenai Peninsula Borough upon adoption. Section 4. 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 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 S. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: November 5, 2014 Adopted: November 19, 2014 Effective: December 19, 2014 New Text Underhned;[DELETED TEXT BRACKETED] Page 28 of 83 "'Klla9e with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 ,VIII 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matt Kelley, City Planner DATE: October 31, 2014 SUBJECT: Ordinance Number 2799 -2014 — Vacation of Certain Right -of -Ways within the Proposed Shoreline Heights Subdivision The purpose of this communication is to introduce Ordinance No. 2799 -2014; Vacation of Certain Right -of -Ways within the proposed Shoreline Heights 2014 Addition Subdivision. On September 24, 2014 the City of Kenai Planning and Zoning Commission by resolution approved PZ14 -21; a Preliminary Plat of Shoreline Heights 2014. This Preliminary Plat had been previously heard and approved by Resolution PZ14 -19 by the Planning and Zoning Commission at their meeting of August 27, 2014. The Kenai Peninsula Borough asked to have this item brought back before the City to make revision to the Preliminary Plat. The Plat subdivides two parcels containing approximately 48 acres into a subdivision containing 48 lots. The subdivision is located with the Rural Residential Zone. The parcel is accessed off the Kenai Spur Highway which is a State maintained paved road. City water lines are located within the right -of -way of Wells Way and can be extended into the subdivision. Individual septic systems are to be installed on each lot in accordance with the Alaska Department of Environmental Conservation regulations. In conjunction with the review and approval process, the City of Kenai Planning and Zoning Commission approved the vacation of the right -of -ways and utility easements as they are no longer needed. These right -of -ways are shown on the Preliminary Plat of Shoreline Heights Subdivision as a portion of Block One (1) and Two (2) within the Radar Subdivision (Plat No. K- 706) and had not been previously vacated. The vacation of these right -of -ways and utility easements along with approval of the Preliminary Plat was forwarded to the Kenai Peninsula Borough Planning Department as Resolution Number PZ14 -21 thereby resending Resolution Number PZ14 -19. At their meeting on October 27, 2014 the Kenai Peninsula Borough Planning Commission met and approved the vacation of the right -of -ways and utility easements consistent with the City's Planning and Zoning Commission recommendation. This approval was then forwarded to the City of Kenai in the form of a notice from the Borough on October 30, 2014. Page 1 Page 29 of 83 This approval was then forwarded to the City of Kenai in the form of a notice from the Borough on October 30, 2014. Pursuant to Kenai Municipal Code 22.05.110— Determination as to Need for Public Use, the vacation of City lands previously dedicated to a public use can only be relinquished by an Ordinance. The Ordinance must declare that such lands are no longer needed for a public use and that the right -of -ways and easements are no longer needed for public use. Thank you for your consideration. Attachment: Kenai Peninsula Borough Right -of -Way and Utility Easement Petition Request Kenai Peninsula Borough Planning Commission Notice of Decision City of Kenai Planning and Zoning Commission Resolution No. PZ14 -21 City of Kenai Planning and Zoning Commission Resolution No. PZ14 -19 City of Kenai Planning and Zoning Commission PZ14 -21 Staff Report Preliminary Plat Shoreline Heights 2014 Addition Page 2 Page 30 of 83 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2200 • FAX: (907) 714 -2378 Toll -free within the Borough 1- 800 - 478 -4441, Ext 2200 www.borough.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR October 30, 2014 Kenai City Council 210 Fidalgo Avenue Kenai. AK 99611 -7794 RE: Right -of -way and Utility Easement Petition Request; 1) Vacate Dation Drive, a 30 -foot right of way, dedicated by Shoreline Heights Subdivision No. 2 (Plat KN 93 -26); and 2) Vacate a portion of Ninilchik Drive, the southwest 575 feet of the remaining 30 -feet of the (60 -foot right of way) dedicated by Radar Subdivision (Plat K 706); and 3) Vacate south 10 -feet of the remaining 40 -foot Ninilchik Drive adjacent to Tract A, originally dedicated by Shoreline Heights Subdivision (Plat KN 85 -184), and modified by R.M. Thompson Subdivision Henderson Replat (Plat KN 87 -51); 4) Vacate the 20 -foot and 30 -foot right of way and right of way access easement along with the associated utility easements granted by Right of Way Amendment for ADL 63572 Within Book 307 Page 179, and 5) Vacate Anchor Way, which varies from a 30 -foot right of way to a 50 -foot; and all utility easements within Block 1 and 2 of Radar Subdivision (Plat K 706). All in Section 26, Township 6 North, Range 12 West; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2014 -133. Note: 60 -foot right of way dedications and utility easements are proposed to be dedicated on the preliminary plat Shoreline Heights 2014 Addition; KPB File 2014 -133 Dear Kenai City Council Members. In accordance with AS 29.40.140, no vacation of a city right -of -way and /or easement may be made without the consent of the city council Based on the following findings of fact, the Planning Commission approved the referenced vacation during their regularly scheduled meeting of October 27, 2014. Findings 1. Sufficient rights -of -way exist to serve the surrounding properties 2. No surrounding properties will be denied access 3. Per the submittal, the rights -of -way proposed for vacation are not in use for access. 4. Per the submittal, the rights -of -way proposed for vacation have not been constructed 5 The revised preliminary plat dedicates alternative rights -of -way and grants new utility easements that appropriately correspond with the new right-of-way designs 6 The revised preliminary plat dedicates 10 feet for Wells Way, bringing it to a full 60 -foot right -of- way per KPB 20.30.120. 7. The revised preliminary plat dedicates a 60 -foot extension for the northern portion of Ninilchik Drive which connects with Pey Drive and Bree Avenue providing the block with a looped access back to the Kenai Spur Highway. 8 The rights -of -way proposed to be vacated do not appear to be in use for utilities 9 All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. Page 31 of 83 10. ACS, ENSTAR, GCI, and Homer Electric Association submitted statements of conditional approval to the revised preliminary plat. 11. By adoption of PZ14 -21, the Kenai Planning and Zoning Commission granted conditional approval to the revised preliminary plat, which will finalize the proposed vacations 12. The KPB Plat Committee granted conditional approval to the preliminary plat on September 22, 2014. This petition is being sent to you for your consideration and action. The City Council has 30 days from October 27, 2014 in which to veto the decision of the Planning Commission If no veto is received from the Council within the 30-day period, the decision of the Planning Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. r e -- Attachments a erely, t Planning Director Page 32 of 83 KENAI PENINSULA BOROUGH jr\ PLANNING DEPARTMENT III "'��� \ \\ 144 North Binkley Street • Soldotna, Alaska 99669 -7520 -- PHONE: (907) 714 -2200 a FAX (907) 714 -2378 Toll -free within the Borough: 1- 800 -478 -4441, Ext. 2200 Q www.borouah.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR October 30, 2014 KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF OCTOBER 27, 2014 RE. Right -of -way and Utility Easement Petition Request 1) Vacate Dation Drive, a 30 -foot right of way, dedicated by Shoreline Heights Subdivision No. 2 (Plat KN 93 -26); and 2) Vacate a portion of Ninilchik Drive, the southwest 575 feet of the remaining 30 -feet of the (60 -foot right of way) dedicated by Radar Subdivision (Plat K 706); and 3) Vacate south 10 -feet of the remaining 40 -foot Ninilchik Drive adjacent to Tract A, originally dedicated by Shoreline Heights Subdivision (Plat KN 85 -184), and modified by R.M Thompson Subdivision Henderson Replat (Plat KN 87 -51); 4) Vacate the 20 -foot and 30 -foot right of way and right of way access easement along with the associated utility easements granted by Right of Way Amendment for ADL 63572 within Book 307 Page 179; and 5) Vacate Anchor Way, which varies from a 30 -foot right of way to a 50 -foot: and all utility easements within Block 1 and 2 of Radar Subdivision (Plat K 706). All in Section 26, Township 6 North, Range 12 West: Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough, KPB File No. 2014 -133. Note: 60 -foot right of way dedications and utility easements are proposed to be dedicated on the preliminary plat Shoreline Heights 2014 Addition; KPB File 2014 -133 The Kenai Peninsula Borough Planning Commission approved the proposed vacations based on the following findings and conditions during their regularly scheduled meeting of October 27, 2014. Findings 1. Sufficient rights -of -way exist to serve the surrounding properties 2. No surrounding properties will be denied access. 3. Per the submittal the rights -of -way proposed for vacation are not in use for access. 4. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 5. The revised preliminary plat dedicates alternative rights -of -way and grants new utility easements that appropriately correspond with the new right -of -way designs. 6 The revised preliminary plat dedicates 10 feet for Wells Way, bringing it to a full 66 -foot right -of- way per KPB 20.30.120. 7. The revised preliminary plat dedicates a 60 -foot extension for the northern portion of Ninilchik Drive which connects with Pey Drive and Bree Avenue providing the block with a looped access back to the Kenai Spur Highway 8. The rights -of -way proposed to be vacated do not appear to be in use for utilities 9. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements 10. ACS, ENSTAR, GCI, and Homer Electric Association submitted statements of conditional approval to the revised preliminary plat. 11. By adoption of PZ14 -21, the Kenai Planning and Zoning Commission granted conditional approval to the revised preliminary plat, which will finalize the proposed vacations 12. The KPB Plat Committee granted conditional approval to the preliminary plat on September 22, 2014. Page 33 of 83 In accordance with AS 29.40.140, no vacation of a city right -of -way and/or easement may be made Without the consent of the city council. The proposed vacation has been forwarded to the Kenai City Council. The City Council has 30 days from October 27, 2014 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Commission will stand. Please contact the Kenai City Office to verify the date the subject vacation will be reviewed by the Council. This notice and unapproved minutes of the subject portion of the meeting were sent October 30, 2014 to. Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 Bryan Lowe 12231 N. Cherry Hills Dr, W. Sun City, AZ 85351 Integrity Surveys 820 Set Net Drive Kenai, AK 99611 City of Kenai 210 Fidalgo Street Kenai, AK 99611 -7794 John R. Lowe Family Trust 1205 50" Ct. Kenai, AK 99611 Page 34 of 83 AGENDA ITEM F. PUBLIC HEARINGS 1. Right -of -way and Utility Easement Petition Request: 1) Vacate Dation Drive, a 30 -foot right of way, dedicated by Shoreline Heights Subdivision No. 2 (Plat KN 93 -26); and 2) Vacate a portion of Ninilchik Drive, the southwest 575 feet of the remaining 30 -feet of the (60- foot right of way) dedicated by Radar Subdivision (Plat K 706); and 3) Vacate south 10 -feet of the remaining 40 -foot Ninilchik Drive adjacent to Tract A, originally dedicated by Shoreline Heights Subdivision (Plat KN 85 -184); and modified by R.M. Thompson Subdivision Henderson Replat (Plat KN 87 -51); 4) Vacate the 20 -foot and 30 -foot right of way and right of way access easement along with the associated utility easements granted by Right of Way Amendment for ADL 63572 within Book 307 Page 179; and 5) Vacate Anchor Way, which varies from a 30 -foot right of way to a 50 -foot; and all utility easements within Block 1 and 2 of Radar Subdivision (Plat K 706). All in Section 26, Township 6 North, Range 12 West; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough KPB File No. 2014 -133 Note; 60 -foot right of way dedications and utility easements are proposed to be dedicated on the preliminary plat Shoreline Heights 2014 Addition; KPB File 2014 -133 Staff Report given by Max Best PC Meeting: 10/27/14 Purpose as stated in petition: Tract Al -A and Blocks land 2 of Radar Subdivision are being combined into one. The new parcel will be subdivided into house lots with dedicated rights of way providing access to all lots and also to all neighboring parcels. The ROWS that are requested to be vacated are not in use and do not serve access to any existing structures. By vacating the ROWS and the associated utility easements. it will allow for building lots that will not be encumbered with public ROWS crossing through. Petitioners Bryon R. Lowe of Sun City, Arizona and John R. Lowe Family Trust of Kenai, Alaska Notification Public notice appeared in the October 16, 2014 issue of the Peninsula Clarion The public notice was published in the October 23, 2014 issues of the Peninsula Clarion. Homer News, and Seward Journal as part of the tentative agenda Twenty-seven certified mailings were sent to owners of property within 300 feet of the parcels. Fifteen receipts have been returned Sixteen regular mailings were sent to agencies and interested parties. Five notices were sent to KPB Departments Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough bulletin board and Planning Department public hearing notice web site. Staff Discussion; August27.2014 Kenai Planning and Zoning Commission conditionally approved the preliminary plat. which would finalize the vacation of Dation Drive, portion of Ninilchik Drive, public access easement, utility easements, right -of -way access easement, and a right -of -way easement The preliminary plat provided a 60 -foot extension for the northern portion of Ninilchik Drive and dedicated a half cul-de -sac adjoining Lot 41 Rights -of -way within the proposed plat provided a looped access back to the Kenai Spur Highway for the block. KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 27 2014 MEETING MINUTES PAGE 11 UNAPPROVED MINUTES Page 35 of 83 September 22, 2014 The KPB Plat Committee reviewed the preliminary plat on September 22. The Committee approved exceptions to the 3:1 depth to width ratio (20,30. 190) and block length (20.30.170) and granted conditional approval to the preliminary plat The staff report noted that a recorded plat combining the lots created by Radar Subdivision and vacating Anchor Way could not be found. Staff noted that if the plat that vacated Anchor Way could not be found, a revised vacation petition would need to be brought back to the Kenai Planning and Zoning Commission for review and comments. A recorded plat finalizing the vacation of Anchor Way, Radar Subdivision's utility easements, and lot line removals could not be found. September 24, 2014 Kenai Planning and Zoning Commission reviewed the revised preliminary plat that would finalize the vacation of Dation Drive, portion of Ninilchik Drive, public access easement, utility easements, right-of-way access easement, a right -of -way easement, and Anchor Way. The revised preliminary plat provides a 10 -foot dedication for Wells Way, which brings the right-of-way to a full 60 -foot width per KPB 20.30.120. The revised preliminary plat decreases the lots being created from 49 to 48. All lots within the revised preliminary plat comply with the City of Kenai's minimum lot size. PZ14 -21 contained a few changes from PZ14 -19: • The utility easement fronting rights-of-way was changed from 15 to 10 feet in Condition c. All underground utilities must be installed perpendicular to the rights-of-way. Borough Staff Comments.' Condition c in PZ14 -21 complies with KPB 20.30.060 except for the additional requirement that all underground utilities must be installed perpendicular to the nghtsof- way. HEA, ACS, GCI, and ENSTAR conditionally agreed with the new utility plat note. • Covenants addressing bluff side building setbacks will be recorded in the Kenai Recording District per Condition g. Borough Staff Comments: KPB Shore Zone photography indicates the bluff is actively eroding. Developmentprecautions related to bluff erosion maybe prudent However, KP821.44.080prohibffs KPB from enforcing private covenants, easements, or deed restrictions. KPB cannot compel the owners to record private restrictive covenants. • Condition h was revised to clarity that rip for t0 water mains being extended into the subdivision; the plans must be approved by the Alaska Department of Environmental Conservation and City of Kenai. As with the preliminary plat, the owners plan to develop the revised preliminary subdivision plan in phases. Kenai Planning and Zoning Commission adopted PZ14 -21. An installation agreement is required. October 27, 2014 The proposed vacation petition vacates several utility easements, right-of-way easements, Anchor Way, a portion of Ninilchik Drive, and Cation Drive. The vacation petition, if approved as shown on the revised preliminary plat, allows redesign of the subdivision lots and dedication of full 60 -foot rights -of -way with utility easements granted in locations appropriately corresponding with the new lot and right -of -way designs. The KPB Plat Committee has not reviewed the revised preliminary plat; however, the differences between the preliminary plat and revised preliminary plat are minimal: • The utility easement fronting rights-of-way has been changed from 15 feet to 10 feet, which complies with KPB 20.30.060. In addition, underground utilities must be installed perpendicular to the rights-of- way. Perpendicular installation is not a requirement of KPB Code; however, since affected utility providers conditionally agreed to these changes, the additional requirement is consistent with 20.30.060. • The revised plat is providing a 10 -foot dedication for Wells Way, bringing the right-of-way to a full 60- foot width per KPB 20.30.120. KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 27. 2014 MEETING MINUTES PAGE 12 UNAPPROVED MINUTES Page 36 of 83 The revised preliminary plat creates one less lot (48) than the preliminary plat (49). This revision brought all lots into compliance with the City of Kenai's minimum lot size, which was a condition of preliminary plat approval by the KPB Plat Committee. Block 1 and 2 Radar Subdivision, Anchor Way, and the subdivision's associated utility easements were not depicted on the preliminary plat. At some point in the past, KPB combined Block 1 and 2 Radar Subdivision, which contained 30 residential lots, one park lot, and utility easements, into one parcel and assigned one parcel number (039 - 141 -01). Reconfiguration and assignment of one parcel number for 31 lots, a right -of -way, and utility easements implied the property had been replatted and vacations finalized; however, a recorded plat finalizing the vacations and lot line removals was not found. The revised plat formalizes vacation of Anchor Way, utility easements, and lot line removals of Block 1 and 2 Radar Subdivision, which during preliminary plat review the KPB Plat Committee and platting staff believed had taken place years ago. Comments Received: ACS: ACS agrees to reduce 15 feet to 10 feet and add the following: This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of -way. This consent applies to this case only and does not indicate that ACS would be agreeable to this arrangement on any future developments within the Kenai Peninsula Borough Planning Board's jurisdiction. ENSTAR: ENSTAR agreed to reduce the utility easement fronting rights -of -way from 15 to 10 feet The utility easement is for above - ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of -way. This consent applies to this case only and does not indicate the ENSTAR Natural Gas Company would be agreeable to this arrangement on any future developments within the Kenai Peninsula Borough Planning Board's jurisdiction. GCI: No objection to reduce 15 feet to 10 feet and add the following: This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights-of-way. Homer Electric Association: HEA has no objection to reduce 15 feet to 10 feet and add the following: This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of -way. HEA has no objection given that this consent applies to this case only. HEA asks that further discussion of this matter take place prior to approval of this language on future plats filed with the Kenai Peninsula Borough Planning Commission as it has the potential to create future implications on HEA's standard design practices for placement of underground facilities Findings: 1. Sufficient rights-of-way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the rights -of -way proposed for vacation are not in use for access. 4. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 5. The revised preliminary plat dedicates alternative rights -of -way and grants new utility easements that appropriately correspond with the new right- of-way designs. 6. The revised preliminary plat dedicates 10 feet for Wells Way, bringing it to a full 60 -foot right -of -way Per KPB 20.30.120. T The revised preliminary plat dedicates a 60 -foot extension for the northern portion of Ninilchik Drive which connects with Pey Drive and Bree Avenue providing the block with a looped access back to the Kenai Spur Highway. 8. The rights-of-way proposed to be vacated do not appear to be in use for utilities. 9. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 10. ACS, ENSTAR, GCI, and Homer Electric Association submitted statements of conditional approval to the revised preliminary plat 11. By adoption of PZ14 -21, the Kenai Planning and Zoning Commission granted conditional approval to KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 27.2014 MEETING MINUTES PAGE 13 UNAPPROVED MINUTES Page 37 of 83 the revised preliminary plat, which will finalize the proposed vacations. 12. The KPB Plat Committee granted conditional approval to the preliminary piston September 22, 2014. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacation of rights -of -way, right -of -way easements, and utility easements as petitioned, subject to: Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval. If the vacation is approved, the Kenai City Council has thirty days In which they may veto Planning Commission approval of the vacation. Per KPB 20.70.120: A. Denial of a vacation petition Is a final act for which no further consideration shall be given by the Kenai Peninsula Borough. B. Upon denial by the planning commission, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. END OF STAFF REPORT Vice Chairman Martin opened the meeting for public comment Seeing and hearing no one wishing to speak, Vice Chairman Martin closed the public comment period and opened discussion among the Commission. MOTION: Commissioner Ruffner moved, seconded by Commissioner Isham to grant approval of the vacation of rights -of -way, right -of -way easement and utility easements as petitioned based on the following findings and subject to the plat being recorded within one year of vacation approval. Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the rights -of -way proposed for vacation are not in use for access. 4. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 5. The revised preliminary plat dedicates altemative rights -of -way and grants new utility easements that appropriately correspond with the new right-of-way designs. 6. The revised preliminary plat dedicates 10 feet for Wells Way, bringing it to a full 60 -foot right -of -way per KPB 20.30.120. 7. The revised preliminary plat dedicates a 60 -foot extension for the northern portion of Ninilchik Drive which connects with Pay Drive and Bree Avenue providing the block with a looped access back to the Kenai Spur Highway, 6. The rights -of -way proposed to be vacated do not appear to be in use for utilities. 9. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 10. ACS, ENSTAR, GCI, and Homer Electric Association submitted statements of conditional approval to the revised preliminary plat. 11. By adoption of PZ14 -21, the Kenai Planning and Zoning Commission granted conditional approval to the revised preliminary plat, which will finalize the proposed vacations. 12. The KPB Plat Committee granted conditional approval to the preliminary plat on September 22, 2014. VOTE: The motion passed by unanimous consent FRYSON CARLUCCIO COLUNS ECKLUND FOSTER HOLSTEN ISHAM ABSENT YES YES YES YES YES YES LOCKWOOD MARTIN RUFFNER TAURIAINEN VENUTI WHITNEY 11 YES YES I YES YES YES ABSENT YES 2A85ENT AGENDA ITEM F. PUBLIC HEARING KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 27, 2014 MEETING MINUTES PAGE 14 UNAPPROVED MINUTES Page 38 of 83 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -21 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS AND RECINDING RESOLUTION PZ14 -19: WHEREAS, Resolution No. PZ14 -19 was passed by the Planning and Zoning Commission on August 27, 2014, recommending the Kenai Peninsula Borough Planning Commission approve the plat of SHORELINE HEIGHTS 2014 ADDITION. WHEREAS, Integrity Surveys, Inc. submitted the preliminary plat of SHORELINE HEIGHTS 2014 ADDITION to the Kenai Peninsula Borough for review and approval by the Kenai Peninsula Borough Planning Commission. WHEREAS, the Kenai Peninsula Borough requested that Integrity Surveys make revisions to the preliminary plat of SHORELINE HEIGHTS 2014 ADDITION, as follows: 1. An additional ten foot be dedicated to increase the width of the right -of -way for Wells Way from fifty (50) feet to sixty (60) feet, pursuant to KMC 14.10.070(b)(2). 2. A portion of SHORELINE HEIGHTS 2014 ADDITION is a subdivision of Block One (1) and Two (2), Radar Subdivision. During the review by the Kenai Peninsula Borough of the plat, it was discovered that the utility easements and right -of -way (street shown as Anchor Way on the plat of Radar Subdivision, Plat No. K -706) had not been vacated; therefore, the Borough requested that the plat of SHORELINE HEIGHTS 2014 ADDITION be revised to vacate this right -of -way and utility easements. WHEREAS, the revised plat of SHORELINE HEIGHTS 2014 ADDITION was referred to the City of Kenai Planning and Zoning Commission on September 24, 2014, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Rural Residential (RR) and therefore subject to said zone conditions. 2. City Water is available. The developer will extend city water to serve each lot. 3. City Sewer is not available. Individual septic systems will be required on each lot. 4. Plat does not subdivide property within a public improvement district subject to special assessments. 5. An installation agreement or construction of improvements are required. 6. The status of surrounding land is shown on the plat. Page 39 of 83 7. Utility easements, if required, shall be shown. 8. Surveyor shall verify that no encroachments exist. If an encroachment exists; plat will not create nor increase the encroachment. 9. Street names designated on the plat are not correct. The street names will be changed prior to approval of the final plat. 10. Lots 1 through 21, inclusive, are subject to bluff erosion. 11. CONDITIONS: a. It is the intent of the owner to develop this project in phases. The City of Kenai and the developer will enter into an installation agreement pursuant to KMC 14.10.080(b) for each phase and the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be required until the final phase of development of the subdivision. b. When streets are constructed, they must meet the minimum requirements as set forth in KMC 14.10.080. c. The utility easement as noted under plat note number 3 shall be changed from fifteen (15) feet to ten (10) feet adjacent to the rights -of -way. The plat note shall be amended to read as follows: 3) Front 10 feet adjacent to the rights -of -way is a utility easement. This easement is for above ground transformers and pedestals only. All underground utilities within the easement must be installed perpendicular to the rights -of -way. No permanent structure shall be constructed or placed within a utility easement which would interfere with the ability of a utility to use the easement. d. The access easements for the cul -de -sacs located at the north and south end of "Pey Drive" should be executed and recorded concurrently with the recorded plat. e. Road design must be stamped by an engineer licensed in the State of Alaska. f. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet with City and Borough regulations. g. A note should be added to the preliminary plat, as follows: "Lots 1 through 21, inclusive, are subject to bluff erosion. Covenants addressing bluff side building setbacks will be recorded in the Kenai Recording District. h. Prior to water mains being extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation and the City of Kenai. i. The septic systems must be installed in accordance with the Alaska Department of Environmental Conservation rWllet' of 83 j. An engineering plan is required to show fire hydrant locations and line sizes for flow rates per the Kenai (MOA) standard. k. Installation of signs including, but not limited to, stop signs, speed limit signs and street signs. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE SHORELINE HEIGHTS 2014 ADDITION SUBJECT TO THE CONDITIONS OF APPROVAL LISTED ABOVE AND THAT RESOLUTION PZ14 -19 IS RECINDED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SEPTEMBER 24, 2014. i � 4CHAIRPERSON:ice, `I 1 %{ ATTEST: ait, Chairman Sa n ra odrgh, City Jerk Page 41 of 83 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat of SHORELINE HEIGHTS 2014 ADDITION was r Jerre o tIleJCity of Kenai Planning and Zoning Commission on August 27, 2014, and r ive fr ntegrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Rural Residential (RR) and therefof ®subject to said zone conditions. 2. City Water is available. 3. City Sewer is not available. Property owned will inste11, individual septic systems to each lot. /� 4. Plat does not subdivide property within assessments. 5. An installation agreement or construction lic improvement district subject to special 6. The status of surroundipg land is shown on the plat. 7. Utility easements, ifuid, shall be shown. nts are required. 8. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase;the encroachment. 9. Street names designated on the plat are not correct. The street names will be changed prior,to approval of the final plat. 10. Lots through 21, inclusive, are subject to bluff erosion. 11.'CON DITIONS: a. The lots on the preliminary plat must be reconfigured so that lot 47 meets the minimum lot size of 20,000 square feet. b. If lots are sold prior to construction of all required improvements, an installation agreement will be required pursuant to KMC 14.10.080(b). c. It is the intent of the owner to develop this project in phases. The City of Kenai and the developer will enter into an installation agreement for each phase and the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be Page 42 of 83 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -19 \~ ( rkrc a NEN A5NA SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat of SHORELINE HEIGHTS 2014 ADDITION was r Jerre o tIleJCity of Kenai Planning and Zoning Commission on August 27, 2014, and r ive fr ntegrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Rural Residential (RR) and therefof ®subject to said zone conditions. 2. City Water is available. 3. City Sewer is not available. Property owned will inste11, individual septic systems to each lot. /� 4. Plat does not subdivide property within assessments. 5. An installation agreement or construction lic improvement district subject to special 6. The status of surroundipg land is shown on the plat. 7. Utility easements, ifuid, shall be shown. nts are required. 8. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase;the encroachment. 9. Street names designated on the plat are not correct. The street names will be changed prior,to approval of the final plat. 10. Lots through 21, inclusive, are subject to bluff erosion. 11.'CON DITIONS: a. The lots on the preliminary plat must be reconfigured so that lot 47 meets the minimum lot size of 20,000 square feet. b. If lots are sold prior to construction of all required improvements, an installation agreement will be required pursuant to KMC 14.10.080(b). c. It is the intent of the owner to develop this project in phases. The City of Kenai and the developer will enter into an installation agreement for each phase and the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be Page 42 of 83 required until the final phase of development of the subdivision. When streets are constructed, they must meet the minimum requirements as set forth in KMC 14.10.080. e. The access easements for the cul -de -sacs located at the north and south end of "New Street Drive" should be executed and recorded concurrently with the recorded plat. f. Road design must be stamped by an engineer licensed in the State of Alaska. g. Surveyor and property owner must work with the City of Kenai and Peninsula Borough when designating street names to ensure n e, and Borough regulations. h. A note should be added to the preliminary plat, as foll : "Lo thlyh 21, inclusive, are subject to bluff erosion. I. When water mains are extended into the subdi ns�nust be approved by the Alaska Department of Environmental Convati j. The septic systems must meet the regulatory requi ents of the Kenai Peninsula Borough and be approved by the AI _skja. partm °nt of Conservation. k. An engineering plan is required to tl4v iirb hydrant locations and line sizes for flow rates per the Kenai (MOA) tan ard. x" I. Installation of signs i cluding, no limited to, stop signs, speed limit signs and street signs. S NOW, THEREFORE, BE IT RESOkVED)THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOIyiMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE SHORELINE HEIGHTS 2014 ADDITION SUBJECT TO THE CONDiTJONS OF APPROVAL LISTED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 27,2014: CHAIRPERSON: ATTEST: Jeff Twait, Chairman Sandra Modigh, City Clerk Page 43 of 83 STAFF REPORT To: Planning & Zoning Commission Date: September 18, 2014 Res: PZ14 -21 GENERAL INFORMATION Applicant: Integrity Surveys 283 -9047 820 Set Net Drive Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat — Shoreline Heights 2014 Addition (A Subdivision of Block 1 and 2 Radar Subdivision, Plat No. K -706, and Tract Al -A, Shoreline Heights Subd., No. 3, Plat No. 99 -5) Existing Legal Description: Blocks 1 and 2, Radar Subdivision and Tract AS -A, Shoreline Heights Subd., No. 3 Proposed Legal Description: Lots 1 through 48, inclusive, Shoreline Heights 2014 Addition Street Address: 14551 Kenai Spur Highway and 1517 Ninilchik Drive KPB Parcel No.: 03901055 and 03914101 Existing Zoning: Rural Residential Current Land Use: Vacant Land Use Plan: Rural Residential ANALYSIS This plat subdivides two parcels containing approximately 48 acres into a subdivision containing 48 lots. The subdivision is located in the Rural Residential zone, which requires a minimum lot size of 20,000 square feet. The lots range in size from 24,200 square feet to 50,685 square feet; therefore, all the lots meet the minimum lot size requirement for the zone. The minimum lot width for the Residential Zone is ninety feet with the exception of corner lots which require an additional ten feet as set forth in KMC 14.10.70(e)(4). The lots within the subdivision meet the minimum lot width requirement. The plat also dedicates a 60 foot right of way for Ninilchik Street, "Pey Drive" and "Bree Avenue ". An additional ten foot is being dedicated to increase the width of the right -of- way for Wells Way from fifty (50) feet to sixty (60) feet, pursuant to KMC 14.10.070(b)(2). The southeasterly portion of Ninilchik Street indicates a 30 foot right - of -way which does not meet the minimum width required in KMC 14.10.070(b)(2). The Page 44 of 83 PZ14 -21 Page 2 Planning and Zoning Commission, may, in its discretion by majority vote of its members, lessen this distance to not less than 50 feet. The Planning & Zoning Administration has no objection to the 30 foot right -of -way. It is likely that this right -of -way will be vacated in the future by the owner of Lotl -A2, R. M. Thompson Subd., 2012 Addn., Amended. Dead end streets over 150 feet in length must provide a vehicle turn around 100 feet in diameter. The City of Kenai has requested that temporary cul -de -sacs be placed at the north and south end of "Pey Drive "; however, the Kenai Peninsula Borough has asked that a public access easement be dedicated through a separate document and not by the plat. This would allow the Kenai Peninsula Borough to release the easement when, and if it was no longer needed without going through the platting procedure to remove the cul -de -sacs, while allowing for the construction of temporary cul -de -sacs until further development occurs on adjacent properties to the north and south. When streets are constructed, they must meet the minimum requirements set forth in KMC 14.10.080. The City will require an installation agreement for development of the rights -of -way within the subdivision. City water lines are located within the right of way of Wells Way and can be extended to the subdivision. The water mains being extended into the subdivision must be approved by the Alaska Department of Environmental Conservation. The City will require an installation agreement for installation of City water. The City sewer line is greater than a distance of 200 feet from the subdivision; therefore, the developer has elected to install individual septic systems to each lot. The septic systems must meet the regulatory requirements of the Kenai Peninsula Borough and be approved by the Alaska Department of Conservation. The right -of -way access easement and utility easements which were dedicated on the plat of Tract Al -A Shoreline Heights No. 3 are being vacated by the plat of Shoreline Heights 2014 Addition (refer to notes 6 & 7 of preliminary plat). The plat of Shoreline Heights 2014 Addition also vacates the 30 foot right -of -way for Dation Drive; the 20 foot alleyway adjacent to Lot 1A -2 R. M. Thompson Subd., 2012 Addition Amended; and a ten foot portion of Ninilchik Drive (southern entrance). A portion of SHORELINE HEIGHTS 2014 ADDITION is a subdivision of Block One (1) and Two (2), Radar Subdivision. During the review by the Kenai Peninsula Borough of the plat of SHORELINE HEIGHTS 2014 ADDITION, it was discovered that the utility easements and right -of -way (street shown as Anchor Way on the plat of Radar Subdivision, Plat No. K -706) had not been vacated; therefore, the Borough requested that plat of SHORELINE HEIGHTS 2014 ADDITION be revised to vacate this right -of -way and utility easements (refer to notes 6 & 7 of preliminary plat). RECOMMENDATIONS This is a preliminary plat that subdivides two parcels into a 48 lot subdivision. The property is located in the Rural Residential zone, which requires a minimum lot size of Page 45 of 83 PZ14 -21 20,000 square feet. Page 3 The plat dedicates rights -of -way in the subdivision and will require an installation agreement to construct the roads to City of Kenai standards. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. The access easements for the cul -de -sacs located at the north and south end of "New Street Drive" must be executed and recorded concurrently with the recording of the plat. The developer plans to connect to City water. When the water mains are extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation. The City will require an installation agreement for installation of City water. Individual septic systems will be installed on the lots by the developer. The septic systems must be approved by the Alaska Department of Environmental Conservation. It is the intent of the owner to develop this project in phases. The City of Kenai and the developer will enter into an installation agreement for each phase and the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be required until the final phase of development of the subdivision. Recommend approval with the following conditions: a. If lots are sold prior to construction of all required improvements, an installation agreement will be required pursuant to KMC 14.10.080(6). b. It is the intent of the owner to develop this project in phases. The City of Kenai and the developer will enter into an installation agreement for each phase and the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be required until the final phase of development of the subdivision. c. When streets are constructed, they must meet the minimum requirements as set forth in KMC 14.10.080. d. The access easements for the cul -de -sacs located at the north and south end of "Pey Drive" must be executed and recorded concurrently with the recorded plat. e. Road design must be stamped by an engineer licensed in the State of Alaska. f. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet with Page 46 of 83 PZ14 -21 Page 4 City and Borough regulations. g. When water mains are extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation. h. The septic systems must be approved by the Alaska Department of Environmental Conservation. i. An engineering plan is required to show fire hydrant locations and line sizes for flow rates per the Kenai (MOA) standard. j. Installation of signs including, but not limited to, stop signs, speed limit signs and street signs. ATTACHMENTS: 1. Resolution No. PZ14 -21 2. Resolution No. PZ14 -19 3. Staff Report dated August 19, 2014 4. Revised Preliminary Plat 5. Drawing Page 47 of 83 STAFF REPORT To: Planning & Zoning Commission Date: August 19, 2014 Res: PZ14 -19 GENERAL INFORMATION Applicant: Integrity Surveys 820 Set Net Drive Kenai, AK 99611 283 -9Q47\ Requested Action: Preliminary Subdivision Plat — Shote Sne H�ijhts 2014 Addition (A Subdivision of Block 1 and 2 , J'r'pubdivision, Plat No. K -706, and Tract Al -A, Shoreline Feights,�ubd., No. 3, Plat No. 99 -5) Existing Legal 1 \� Description: Blocks 1 and 2, R�At, Subdivision and Tract Al -A, Shoreline Heights Subd., No._3 ' Proposed Legal � Description: Lots 1 through 49; Incl sive, Shoreline Heights 2014 Addition Street Address: 14551 Ker al Spur H ghway and 1517 Ninilchik Drive KPB Parcel No.: 03901055'and 03914101 Existing Zoning: Rural,Residential Current Land Use: racant Land Use Plan: Rur�t Residential ANALYSIS \ v\ This plat subdi 'vides two parcels containing approximately 48 acres into a subdivision containing 49 lots. The subdivision is located in the Rural Residential zone, which requii'es,1 miriimum lot size of 20,000 square feet. The lots range in size from 18,907 square feet to 56,694 square feet; therefore, all the lots with the exception of Lot 47 meet the minimum lot size for the zone. The lots on the preliminary plat should be reconfigured so that lot 47 meets the minimum lot size of 20,000 square feet. The minimum lot width for the Residential Zone is ninety feet with the exception of corner lots which require an additional ten feet as set forth in KMC 14.10.70(e)(4). The lots within the subdivision meet the minimum lot width requirement. The plat also dedicates a 60 foot right of way for Ninilchik Street, "New Street Drive" and "New Name Avenue ". The southeasterly portion of Ninilchik Street indicates a 30 foot right -of -way which does not meet the minimum width required in KMC 14.10.070(b)(2). The Planning and Zoning Commission, may, in its discretion by majority Page 48 of 83 PZ14 -19 Paget vote of its members, lessen this distance to not less than 50 feet. The Planning & Zoning Administration has no objection to the 30 foot right -of -way. Dead end streets over 150 feet in length must provide a vehicle turn around 100 feet in diameter. The City of Kenai has requested that temporary cul -de -sacs be placed at the north and south end of "New Street Drive "; however, the Kenai Peninsula Borough has asked that a public access easement be dedicated through a separate document and not by the plat. This would allow the Kenai Peninsula Borough to release the easement when, and if it was no longer needed without going through the platting procedure to remove the cul -de -sacs, while allowing for the construction of temporary cur sacs until further development occurs on adjacent properties to the north and spate When streets are constructed, they must meet the minimum requires'�efforth in KMC 14.10.080. The City will require an installation agreement forwdeyelo ment of the rights -of -way within the subdivision. City water lines are located within the right of way of Wells Way'and can be extended to the subdivision. The water mains being extended into he`subdivision must be approved by the Alaska Department of Environmental Consvation. The City will require an installation agreement for installation of City wad?R% The City sewer line is greater than a st� ce of 200 feet from the subdivision; therefore, the developer has elected to,a stalj i'n vidual septic systems to each lot. The septic systems must meet the regulafo requirements of the Kenai Peninsula Borough and be approved by the Alaska DgNrtmenr6f Conservation. The right -of -way access eas ment_an`d utility easements which were dedicated on the plat of Tract Al -A Shoreline %eights No. 3 are being vacated by the plat of Shoreline Heights 2014 Addition (refer to note 6 of preliminary plat). The plat of Shoreline Heights 2014 Addition also, vacates the 30 foot right -of -way for Dation Drive; the 20 foot alleyway adjacent tolot 1A -2 R. M. Thompson Subd., 2012 Addition Amended; and a ten foot porti+of,Ninilchik Drive (southern entrance). RECOMMENDATIONS This is a, preliminary plat that subdivides two parcels into a 49 lot subdivision. The property 'islocated in the Rural Residential zone, which requires a minimum lot size of 20,000 square feet. Lot 47 does not meet the minimum lot size of 20,000 square feet. The lots on the preliminary plat should be reconfigured so that lot 47 meets the minimum lot size of the zone. The plat dedicates rights -of -way in the subdivision and will require an installation agreement to construct the roads to City of Kenai standards. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. Page 49 of 83 PZ14 -19 Page 3 The access easements for the cul -de -sacs located at the north and south end of "New Street Drive" must be executed and recorded concurrently with the recording of the plat. The developer plans to connect to City water. When the water mains are extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation. The City will require an installation agreement for installation of City water. Individual septic systems will be installed on the lots by the developer. Jhe septic systems must meet the regulatory requirements of the Kenai Peninsula Bo ,a* and be approved by the Alaska Department of Conservation. It is the intent of the owner to develop this project in phases. The City of enai and the developer will enter into an installation agreement for each phase'and' the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will riot be required until the final phase of development of the subdivision. f ` Recommend approval with the following conditipis '! L a. The lots on the preliminary plat must!b&reconligured so that lot 47 meets the minimum lot size of 20,000 squared et b. If lots are sold prior to construction)of all required improvements, an installation agreement will be requled pu`r�uant to KMC 14.10.080(b). c. It is the intent of the own�r,to develop this project in phases. The City of Kenai and the developerwill enter into an installation agreement for each phase and the developer�will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be required until the final phase of development of the subdivision. d. When' Streets are constructed, they must meet the minimum requirements as set forth in KMC 14.10.080. e. The access easements for the cul -de -sacs located at the north and south end of "New Street Drive" must be executed and recorded concurrently with the recorded plat. f. Road design must be stamped by an engineer licensed in the State of Alaska. g. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet with City and Borough regulations. Page 50 of 83 PZ14 -19 Page 4 h. When water mains are extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation. i. The septic systems must meet the regulatory requirements of the Kenai Peninsula Borough and be approved by the Alaska Department of Conservation. j. An engineering plan is required to show fire hydrant locations and line sizes for flow rates per the Kenai (MOA) standard. k. Installation of signs including, but not limited to, stop signs, speed limit' itns.and street signs. ATTACHMENTS: 1. Resolution No. PZ14 -19 2. Preliminary Plat 3. Drawing l � i rr l 1 } Page 51 of 83 IlVillaye with a Past, IC# with aFuture' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �I 1992 MEMORANDUM: TO: Planning and Zoning Commission FROM: Matthew Kelley, City Planner DATE: September 24, 2014 SUBJECT: Shoreline Heights — PZ14 -21 The purpose of this correspondence is to convey comments received by the City of Kenai, Public Works Department. In a review of the revised Preliminary Plat, submitted for the proposed project, "Note 3" states: "Front 15 feet adjacent to the rights -of -way is a utility easement. No permanent structure shall be constructed or placed within a utility easement which would interfere with the ability of a utility to use the easement." Pursuant to KMC 14.10.070(c) utility easements shall be limited to a width of 10 feet. Thus, staff recommends that this note be changed to allow for a 10 -foot wide utility easement instead of a 15 -foot wide utility easement. Page 52 of 83 "Villaye with a Past, Ci� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �IIIIt 1991 MEMORANDUM: TO: Planning and Zoning Commission FROM: Matthew Kelley, City Planner DATE: September 24, 2014 SUBJECT: Shoreline Heights — PZ14 -21 The purpose of this correspondence is to convey comments received by the City of Kenai, Public Works Department. In a discussion with the Applicant and the Department of Public Works, staff is also recommending that "Note 3" be revised to state 'This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." As of this writing, letters of non - objection have been received from HEA, GCI, Enstar Natural Gas, and ACS. This additional language may be added at the pleasure of the Planning and Zoning Commission. Page 53 of 83 Wilma Anderson From: Jennifer Diederich ( Jennifer. Diederich@enstarnaturalges.com] Sent: Wednesday, September 24, 2014 3:21 PM To: Sean Wedemeyer Cc: bryanlowe123 @yahoo.com; Robin L. Leighty Subject: Re: 15' easement on Shoreline Heights > To Whom it May Concern: > In the case of Shoreline Heights 2014 Addition, ENSTAR Natural Gas > Company agrees to the following; > Amend note 3) as follows: Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." > This consent applies to this case only, and does not indicate that ENSTAR Natural Gas Company would be agreeable to this arrangement on any future developments within the Kenai Peninsula Borough Planning Board's jurisdiction. Thank you, Jennifer Diederich Sent from my iPhone On Sep 24, 2014, at 2:55 PM, "Sean Wedemeyer" <swedemeverQci.kenai.ak.us> wrote: > Nice talking with you Jennifer. Thanks in advance for the quick turnaround, sorry about dropping this on you just hours before our PnZ meeting. Attached is the plat. Below you can see my recommended amendments and how ACS responded in the affirmative. Have a safe flight! > Regards, > Sean Wedemeyer > Public Works Director > City of Kenai > (907) 283 -8240 Office > (907) 599 -0025 Mobile > bpd > From: "Jackson, Byron" > <Byron.Jackson(laacsalaska. com< mailto:BVron.Jackson(@acsalaska com>> > Date: September 24, 2014 at 9:48:07 AM AKDT > To: 'Bryan' <bryanlowel23(@ yahoo. com<mailto:brvanlowel23(olvahoo com» > Subject: RE: 15' easement on Shoreline Heights To Whom it May Concern: > In the case of Shoreline Heights 2014 Addition, Alaska Communications > (ACS) agrees to the following; > Amend note 3) as follows: Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." > This consent applies to this case only, and does not indicate that ACS would be agreeable to this arrangement on any future developments within the Kenai Peninsula Borough Planning Board's jurisdiction. i Page 54 of 83 > Thank You, > Byron T. Jackson > From: Bryan [_ mailto:brvanlowe123(dvahoo.com] > Sent: Wednesday, September 24, 2014 9:35 AM > To: Jackson, Byron > Cc: > Patrick. lawrencefa enstarnaturaleas .com<mailto•oatrick lawrence(@enstarna > turalgas.com> > Subject: Fwd: 15' easement on Shoreline Heights > Hi > Byron & Patrick could I please get a email from both of you before > tonight's Kenai city meeting. Agreeing on These easement for shoreline > Heights subdivision > Thank you > Bryanlowe > 907 - 398 -1999 > Sent from my iPhone > Begin forwarded message: > From: Sean Wedemeyer > <swedemever(@ci.kenai.ak.us< mailto :swedemever(ci.kenai.ak.us>> > Date: September 24, 2014 at 9:07:59 AM AKDT > To: Bryan Lowe < brvanlowe1230vahoo .com<mailto:brvanlowel23@yahoo com>> > Cc: Matthew Kelley > <mkelley(0ci.kenai.ak.us< mailto:mkelley(ci.kenai.ak.us>>, Wilma > Anderson <wanderson(@ci.kenai.ak.us< mailto :wanderson(@ci.kenai.ak.us>>, > Bill Nelson <bnelson(@alaska. net <mailto:bnelson(a)alaska.net>>, "Scott > Huff - Integrity Surveys Inc." > <integritvsurveys()alaska.net< mailto :inteeritvsurvevs(aalaska.net>>, > Larry Floyd <lfloyd(dci. kenai. ak .us <mailto:lflovd(dci.kenai.ak us», > Scott Bloom <sbloom(dci. kenai .ak.us<mailto:sbloonX@ci.kenai ak us» > Subject: RE: 15' easement on Shoreline Heights Bryan, as we discussed, > the utilities do not have any official authority but if they do not agree with the plat the borough planning and zoning commission is unlikely to approve it. The following is going to be recommended by the city, and to avoid delays it is in your best interest to get all the utilities on board before tonight's PnZ meeting. > Amend note 3) as follows: Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." > Regards, > Sean Wedemeyer > Public Works Director > City of Kenai > (907) 283 -8240 Office > (907) 599 -0025 Mobile V z Page 55 of 83 > This transmittal may cont.ln confidential information intenoed solely > for the addressee. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this communication in error, please notify us immediately by reply or by telephone at 907 - 297 -3000 and ask to speak with the message sender. In addition, please immediately delete this message and all attachments. Thank you. Alaska Communications <Shoreline Heights 2014 Addn.pdf> 3 Page 56 of 83 Wilma Anderson From: Bradley Beck [bbeck @gci.comj Sent: Wednesday, September 24, 2014 3:54 PM To: Bryan Cc: Sean Wedemeyer Subject: Re: 15' easement on Shoreline Heights GCI has no objection to the proposed amendment to the plat. On Sep 24, 2014, at 10:14 AM, "Bryan" <bryanlowe123 @yahoo.com> wrote: Hi Bradley Could I get a email from you agreeing to these easements for shoreline Heights subdivision before the city of Kenai meeting today. Thank you Bryan 907- 398 -1999 Sent from my iPhone Begin forwarded message: From: Sean Wedemeyer <swedemever @ci. ken ai.ak.us> Date: September 24, 2014 at 9:07:59 AM AKDT To: Bryan Lowe <bryanlowe123(c@vahoo.com> Cc: Matthew Kelley <mkeilev @ci.kenai.ak.us >, Wilma Anderson <wanderson @ci.kenai.ak.us >, Bill Nelson <bne [son @alaska.net >, "Scott Huff - Integrity Surveys Inc." <inteeritysurveys @alaska.net >, Larry Floyd <Ifloyd @ci.kenai.ak.us >, Scott Bloom <sbloom @ci.kenai.ak.us> Subject: RE: 15' easement on Shoreline Heights Bryan, as we discussed, the utilities do not have any official authority but if they do not agree with the plat the borough planning and zoning commission is unlikely to approve it. The following is going to be recommended by the city, and to avoid delays it is in your best interest to get all the utilities on board before tonight's PnZ meeting. Amend note 3) as follows: Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." Regards, Sean Wedemeyer Public Works Director City of Kenai (907) 283 -8240 Office (907) 599 -0025 Mobile Page 57 of 83 Wilma Anderson From: Sean Wedemeyer Sent: Wednesday, September 24, 2014 5:04 PM To: Matthew Kelley; Wilma Anderson Cc: Larry Floyd; Scott Huff - Integrity Surveys Inc.; Bryan Subject: FW: Shoreline Heights PUE note amendment non - objection letters 4 for 4. Regards, Sean Wedemeyer Public Works Director City of Kenai (907) 283 -8240 office (907) 599 -0025 Mobile From: Neuendorf, Cody fmailto :CNeuendorf@HomerElectric.com] Sent: Wednesday, September 24, 2014 4:41 PM To: Sean Wedemeyer Cc: McDonough, Kathy Subject: RE: Shoreline Heights PUE note amendment non - objection letters Sean, I have completed the review of the proposed amendment to Note 3 of Shoreline Heights 2014 Addition. The proposed amendment to Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." Similar to the sentiments of Enstar Natural Gas Company, HEA has no objection to this amendment given that this consent applies to this case only. HEA asks that further discussion of this matter take place prior to approval of this language on future plats filed with the Kenai Peninsula Borough Planning Commission as it has the potential to create future implications on HEA's standard design practices for placement of underground facilities. Thanks, Cody Neuewdorf RWA Land Management Officer Homer Electric Association, Inc. 280 Airport Way Kenai, AK 99611 907.335.6209 - Office 907.398.6170 - Mobile cneu endorWhomerelectric.com From: Sean Wedemeyer [ mailto :swedemeyer(cDci.kenai.ak.us] Sent: Wednesday, September 24, 2014 4:02 PM 1 Page 58 of 83 To: Neuendorf, Cody Cc: Matthew Kelley; Bryan; Wilma Anderson; Scott Huff - Integrity Surveys Inc. Subject: Shoreline Heights PUE note amendment non - objection letters Cody, I've got 3 out of four in writing. Any luck with the brass at HEA? Regards, Sean Wedemeyer Public Works Director City of Kenai (907) 283 -8240 Office (907) 599 -0025 Mobile bpd Page 59 of 83 ��^^ 8[� 3 �S m � *r.` SA! R _ id :i _ k /BASIS I) C PUT ° ; 59092'SYE 1981.54' / 50097 660. 880.37' 680. TE IX z ]56.67 30: -� - - -; - F WELLS WAY (saov: 1d) yy 294.8 g m ^n,rv..8'3'aii ----------- / gnu `zy'p +.� _ sooty• Y � 3w3 wt / xis y� +j� n + 291.8 @Y$ u ^m�'_n^ N �i9�n�iiz � / � o � SOOVI•T2E n � ��29139 394.84' j 8 .:' g 294.S o B R88 88d p / K ^304.79 S99D3Y �i L•+5 `I u S00'91'22•E " 294.9 �3a.73 Qc ^ �,�A\ d � � � 50091'22'E 3 509'402YE 509% v V 6_ \3' '� `y'15 ,'.' °h \5P �� a s11yp5e b Ir � G \/ 6 . • d,. Ub. m °!t � y \ +,/P +6 09 P� ,' a4 +� Qpy 36 i ."' .. y� gN / /\ d1 \ /PO6 •On '` +6• Ub �}�f A. �� gY � ✓' 111' e't b °. L. % � � °o � bi »ta�cP. N �• ` p'L O • _� •mn..j 7� i ID g � 1�✓ / _ Z \ . p {DIIYR IDf WF 9B. / ,99' Q3 fy C ui E 45• ,a53: �i;. -_�,.8 Z ...;: J', : '1 . .. -3 - ': � �'m. y�.: .'f' S (n 8 J+ S" '"C` 4 n AJ i+ • 55y E A885.r 5� ,Og g '�+. bi 4 w = f✓ i S. ppE � °� \�rm 42ad �e� � � 5 k :.'r. � b� � .N- � W =' »gym / � 5'��Q `�• lybd N Aa �,5 1W 03 g 9 5� •. .� �Q�'i � � qNS mac' /mac' / !/ ,HJ� •P'4' /. '8q $ n � w z �Ij y 3 " "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 G4 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlllll the uty of / 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: October 30, 2014 SUBJECT: Agenda Item G4, Joint Work Session with the Parks & Recreation Commission to Discuss Municipal Park Improvements The purpose of this correspondence is to discuss the above referenced topic. Administration recommends that a work session be held by the Parks and Recreation Commission immediately following their regularly scheduled meeting of December 4' 2014 to discuss the proposed improvements to the Municipal Park Playground to be constructed during the 2015 construction season. Since this topic was last discussed, Administration has researched and received cost quotations for equipment that was identified by the Parks & Recreation Commission as appropriate for installation at the Park. I suggest the following Parks & Recreation Commission work session agenda: I. Call to Order II. Administration presentation of timeline of project to date, and proposed future schedule. III. Administration presentation of playground equipment and design which has been considered /recommended by the Parks & Recreation Commission to date. A. 2 -5 year -old play area. B. 5 -12 year -old play area. IV. Public Comment V. Discussion and Selection of playground design and equipment. A. 2 -5 year -old play area. J Page 61 of 83 B. 5 -12 year -old play area. VI. Closing Comments. VII. Adjournment In the event the Parks and Recreation Commission requires additional work sessions to complete their work we can schedule those closely following the December 4th meeting to facilitate bringing this before the Council, if that is the desire of the Council, and ordering equipment. If Council agrees with Administration's recommended process, the City will mail out notification cards to property owners in Redoubt Subdivision, and advertise in the newspaper. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Page 62 of 83 "'IKllaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 iI„ Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 it �I 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE. October 30, 2014 SUBJECT: Agenda Item G4, Work Session to Review the 2014 Dip Net Report The purpose of this correspondence is to recommend the proposed work session be held on one of two dates and times. Prior to the regularly scheduled Council meeting on November 19, 2014 from 5:30 PM to 6:45 PM, or on the following day, November 20, 2014 beginning at 6:00 PM. Depending on the amount of public comment received and questions of Council, a work session in advance of the regularly scheduled meeting could be of insufficient time. Administration recommends the following agenda: I. Call to Order H. Administration Presentation of the 2014 Report III. Public Comments IV. Council Discussion /Questions for Administration V. Closing Comments VI. Adjournment. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. 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L g +1 «Prev Nexta 2 3 9 10 16 17 23 24 30 31 City of Kenai o Disclaimer 210 Fidalgo Ave. o Site Credits Kenai, AK 99611 o Staff Webmail 1IIII� (907) 283 -7535 Page 66 of 83 Mlp : //www.ci.kenai.ak.us/calendar /month 1/1 "Villa9e with a Past, Ct� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIII�I 1991 MEMOO TO: City Council FROM: Rick Koch, City Manager DATE: October 30, 2014 SUBJECT: Agenda Item G4, Action /Approval, Special Use Permit between the City of Kenai and Hilcorp Alaska, LLC for parking of 37 non- commercial passenger vehicles in designated areas at the Kenai Municipal Airport The purpose of this correspondence is to recommend Council approval of the above referenced special use permit. Representatives from Hilcorp Alaska, LLC, (hereafter Hilcorp) met with the Administration to discuss tenancy at the Kenai Municipal Airport Terminal Building and other support services. The specific scope of Terminal tenancy remains an ongoing discussion, and in the interim Hilcorp has been utilizing the Terminal to support multiple aircraft operations each day. Hilcorp is in the process of determining if other Terminal tenants may provide ground support services or whether Hilcorp will undertake ground support services themselves. Hilcorp requested a proposal from the City to provide adequate parking spaces to accommodate their personnel whom are engaged primarily in shift work on platforms and the west side of Cook Inlet. I have worked with Hilcorp Director of Aviation to develop the mutually agreed upon Special Use Permit. Page 67 of 83 Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Page 68 of 83 r-- SPECIAL USE PERMIT The CITY OF KENAI (City) grants to Hilcorp Alaska, LLC ( Permittee), whose address is P.O. Box 244027, Anchorage, Alaska 99524 -4027 a Special Use Permit for Parking at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the exclusive right to use those areas shown in the attached diagram (Exhibit A) for the uses identified in this Permit. 2. Term. The term of this Permit shall be for one year commencing on November 1, 2014, and ending on October 31, 2015. Regardless of the date of signature, this Permit shall be effective as of November 1, 2014. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $4,000 for 37 parking spaces, plus applicable sales tax. The Permitte may use additional parking spaces in the same general area during employee "change outs." B. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent (10 %) per annum, and penalty of ten percent (10 %) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. 4. Use. City authorizes Permittee's exclusive use of the Premises for the following purpose(s): Parking of 37 non - commercial passenger vehicles in the designated areas shown in Exhibit A. with larger numbers of vehicles only during personnel "changeouts " Additional parking may be provided as needed and available. Special Use Permit — Hilcorp (Parking) Pagel of4 Page 69 of 83 Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of!Q t 5. Assumption of Risk Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 6. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities "), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises, Permittee's access to the Kenai Municipal Airport, and/or Permittee's exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 7. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 8. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Special Use Permit — Hilcorp (Parking) Page 70 of 83 Page 2 of 4 9. Compliance with Law /Grant Assurances. This Permit, and Permittee's activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. 10. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 11. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 12. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 13. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 14. Personal Property. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personal property of Permittee or of its customers. 15. Termination; Default. This Permit may be terminated by either party hereto by giving ninety (90) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than ninety (90) days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. Special Use Permit— Hilcotp (Parking) Page 71 of 83 Page 3 of 4 CITY OF KENAI By: Rick R. Koch Date STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) HILCORP ALASKA, LLC. THIS IS TO CERTIFY that on this _ day of , 2014, the foregoing instrument was acknowledged before me by RICK R. KOCH, City Manager, of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2014, the foregoing instrument was acknowledged before me by, on behalf of Hilcorp Alaska, LLC. Approved as to form: Scott Bloom City Attorney Y:\Dept - Airport\SUP\2014 1024 Hilcorp Parking SUP.docx Special Use Pennit— Hilcorp (Parking) Notary Public for Alaska My Commission Expires: Page 72 of 83 Page 4 of 4 Exhibit A 77'ml ZWWYCC PA;M;= a4) 1 0' i I �) t I CAR PARK= o• IoV,ss/t PAMOC (n) C P'• (t) r, 1G' —a- -o— _ _ WUNGE/RMMURARr PAfM=G IB UCH 0 P' 30 0 30 00 GRAPHIC SCALE FEET �!L,—HAOWC PAR=G .�j I= (Y) c to' tter. p) r -. 046, T� i►71+a M Page 73 of 83 [PAGE LEFT BLANK INTENTIONALLY] Page 74 of 83 M "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111. 1991 MEMO* TO: City Council FROM: Rick Koch, City Manager DATE: October 30, 2014 SUBJECT: Agenda Item G6, Action /Approval, Consent to Sublease between Dan O. Pitts and Hilcorp Alaska for Lot 2A1, FBO Subdivision, South Addition No. 2 The purpose of this correspondence is to recommend postponement of Council consideration of the above referenced consent to sublease. Amendment number nine to the lease agreement between the City and Mr. Pitts states in part, 'The purpose for which the lease is issued is: Freight Facility and Parking and Storage. The rate charged for vehicle parking shall not be less than the rates charged by the City for airport parking." I have reviewed the proposed sublease and the use of the sublease is "...for parking through the Kenai Municipal Airport, and any legal uses related thereto." It is not clear what amount of the proposed rent is attributable to parking, and what amount of the proposed rent is attributable to any legal uses related hereto. In any case, the proposed rent for this sublease is less than what the City and Hilcorp have negotiated for 37 dedicated, exclusive use parking spaces. In the event the purpose of the sublease was for freight forwarding and /or storage, Administration would recommend approval of the sublease Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Page 75 of 83 [PAGE LEFT BLANK INTENTIONALLY] Page 76 of 83 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 22, 2014 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Commissioner Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: G. Pettey, H. Knackstedt, K. Peterson, N. Kiel, J. Twait, P. Bryson Absent: D. Fikes Staff /Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Planning Assistant W. Anderson A quorum was present. c. Agenda Approval MOTION: Commissioner Knackstedt MOVED to approve the agenda including additional items provided by Administration as a laydown; 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 Bryson SECONDED the motion. There were no objections; SO ORDERED. `Excused Absences — Commissioner Fikes '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. Page 77 of 83 2. "APPROVAL OF MINUTES —September 24, 2014 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: a. PZ14 -22 — Preliminary Original "Triple C' Subdivision, Submitted by Ability Surveys, 152 Dehel Ave., Homer, AK 99603 MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ14 -22. Commissioner Peterson SECONDED the motion. Chairman Twait opened the public hearing; there being no one wishing to speak, public hearing was closed. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend Resolution No. PZ14 -22 by substitution and Commissioner Bryson SECONDED the motion. City Planner Kelley reviewed the staff report provided in the packet and outlined the revised conditions of the substitute resolution. VOTE ON AMENDMENT: YEA: Kiel, Pettey, Peterson, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AS AMENDED: YEA: Kiel, Pettey, Peterson, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None 7. UNFINISHED BUSINESS: None Page 78 of 83 Planning and Zoning Commission Meeting October 22, 2014 Page 2 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council — Knackstedt reviewed the action agenda of the October 151h council meeting and noted a work session was held on October 6th to determine state and federal capital improvement priorities for FY2016. b. Borough Planning — Bryson reported the last meeting was cancelled due to lack of a quorum. c. Administration — Memorandum Regarding Future Presentation on Site Visits. Commission concurred to have the City Attorney provide more information on the topic; Kelley reported on the upcoming APA training and travel. 11. INFORMATIONAL ITEMS: a. Code Enforcement Action — 3'd Quarter Report b. Building Permit Report — 31 Quarter c. Planning & Zoning Resolutions Report — 3'd Quarter 12. NEXT MEETING ATTENDANCE NOTIFICATION: November 12, 2014 13. COMMISSION COMMENTS & QUESTIONS Commissioner Kiel congratulated Commissioner Knackstedt for being elected to city council. Commissioner Knackstedt said he thoroughly enjoyed participating on the commission and recommended commissioners become familiar with the code. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:28p p. M. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk Page 79 of 83 Planning and Zoning Commission Meeting October 22, 2014 Page 3 [PAGE LEFT BLANK INTENTIONALLY] Page 80 of 83 q LLJ a k \ § CD LO in \ \ LO \M /� ) z w o § / A uj } \ } / j 2 a CD LO Page eya 3 @ \ F- \ § z 2 / m [ ) § } § § \ ( j § ( ( k \ = e z = E / [ § R G 4 G e _ } Of z 5 \ \ / ( ) } LU z % J 3 \ ( \ $ ( } ) \ \ ( } j \ / \ ) [ \ \ } [ ± Z) J F- j \ / \ / 2 \ + E _ \ / m © / z § / LU / \ z \ LLI / 2 z o $ \ Cl) LU § 0 � \ \ \ z ( Page eya [PAGE LEFT BLANK INTENTIONALLY] Page 82 of 83 ang 0 The Community is invited to join together 4W at the Kenai Senior Center for a special evenilgi of remembrance and celebration of our Veterans. When: Where: Time: Monday, November 10, 2014 Kenai Senior Center Doors Open at 3:00 p.m. Program: 3:30 p.m. - 4 -6:00 p.m. - 6:00 p.m. - 6:15 p.m. - 6:30 p.m. - Posting of the Colors Live interviews with Veterans on air during KSRM's Tall Dark & Handsome Show Potluck Dinner A Patriotic Concert by Mt. View Choir "A Bit of History" by Former KPB Mayor Dave Carey The Kenai Senior Center will provide roast beef for the potluck. Please bring a side dish to share and stay to visit with our heroes. The public is invited to be part of our studio audience. We ask that you com( and go quietly as needed. Thank you! 907 - 283 -8211 Page 83 of 83 NOTICE OF PUBLIC HEARING NOVEMBER 5, 2014 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. 2797 -2014 — Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine for Violations of KMC 13.30.030 -Night Parking Prohibited. 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. 1� Sandra odigh, CMC, City Clerk Posted: October 31, 2014