Introduced by: Mayor Thompson Introduction Date: Public Hearing: Adoption Date: Vote: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 HOUSTON, ALASKA ORDINANCE 18-08 AN ORDINANCE OF THE HOUSTON CITY COUNCIL AMENDING HOUSTON MUNICIPAL CODE (HMC) 11.06 PARKS AND RECREATIONAL FACILITIES BY ADDING LITTLE SUSITNA RIVER CAMPGROUND AND DAY USE AREA BY ACCEPTING LIMITED DELEGATION OF PARKS AND RECREATION POWERS FROM THE MATANUSKA-SUSITNA BOROUGH FOR CERTAIN RECREATIONAL FACILITIES IN THE LITTLE SUSITNA RIVER CAMPGROUND AND DAY USE AREA LOCATED WITHIN CITY BOUNDARIES BE IT ORDAINED AND ENACTED BY THE CITY OF HOUSTON, ALASKA: SECTION I: CLASSIFICATION: This ordinance is of a general and permanent nature and shall become part of code. SECTION II: SEVERABILITY: If the provisions of this ordinance, or any application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application to another person or circumstances shall not be affected thereby. SECTION III: PURPOSE: The purpose of Ordinance 18-08 is to: Provide for the acceptance of limited delegation of Parks and Recreational Powers for the Little Susitna River Campground Day and Day Use Area provided by Matanuska-Susitna Borough Ordinance Serial No. 18-029 adopted on May 15, 2018. Amend HMC 11.06.015 by adding Little Susitna River Campground Day and Day Use Area and removing the definition of a firearm. Amend HMC 11.06.030 by updating Park Use Permits. WHEREAS, the City of Houston has managed the Little Susitna River Campground and Day Use Area Park since 1994 which contains seven adjoining parcels inside city limits; and WHEREAS, in 2005 the city council adopted Ordinance 05-12 which established regulations for parks managed or administered by the City including the Little Susitna River Campground; and WHEREAS, in 2017 the city council approved Resolution 17-06 approving the Mayor to request conveyance of the park s seven parcels to the City; and WHEREAS, Matanuska Susitna Borough Ordinance Serial No. 17-147 authorized said conveyance with reversionary rights reserved by the Borough; and Bold and Underline, added. Strike through, deleted. City of Houston Ordinance No. 18-08
41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 WHEREAS, five of the seven parcels included in Ordinance 17-147 were identified as the phase one Parcels and were conveyed to the city by quitclaim deed on February 2, 2018; and WHEREAS, the two remaining parcels, identified in ordinance 17-147 as the phase Two Parcels are restricted by Land and Water Conservation Fund rules, and required additional approval from the National Park Service prior to transfer of ownership; and WHEREAS, one of the National Park Service requirements is that the city must have the legal authority to provide public recreation services; and WHEREAS, Alaska Statute 29.35.250 authorizes a city to exercise parks and recreational activities notwithstanding the borough s acquisition of the area wide power MSB 1.10.120(E) provides for such a delegation ; and WHEREAS, the borough granted authority and delegation by MSB Ordinance No. 18-029 on May 15, 2018; and WHEREAS, MSB ordinance No.18-029 also contains amendment to Borough Code addressing relinquishment of parks powers in the event the city no longer desires to carry out the delegation of power or if the borough decides to withdraw the delegated power; and WHEREAS, pursuant to MSB 1.10.120(E) the city must by ordinance accept the borough s delegation or parks and recreation power; and WHEREAS, the City accepts the limited delegation of parks and recreation powers for certain recreational facilities in the Little Susitna River Campground and Day Use Area as provided by MSB Ordinance No. 18-029. SECTION IV: ENACTMENT: HMC 11.06.015, Definitions, and HMC 11.06.030 Park Use Permits is hereby amended to read as follows: The following words or phrases, when used in this chapter, shall have the meanings set forth in this section: Camp means using an outdoor area or motor vehicle for sleeping or temporary living quarters, including without limitation erecting a tent or other temporary shelter. Firearm means a weapon, including a pistol, revolver, rifle, shotgun, pellet gun, b.b. gun or dart gun, whether loaded or unloaded, operable or inoperable, designed for discharging a shot capable of causing death or serious physical injury. Bold and Underline, added. Strike through, deleted. City of Houston Ordinance No. 18-08
81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Park means each of the following park or recreation areas managed or administered by the City: A. Little Susitna Campground Little Susitna River Campground and Day Use Area; B. Prator Lake day use area; C. Houston/Willow Creek Multi-Use Sled Trailhead. Park use permits for alcohol dispensing, vendors, special uses, use of motor vehicles, firearms, fireworks, animals and camping will be issued by the Mayor or his or her designee and will address such issues as litter, sanitary facilities, damage, crowd control, traffic control, noise, hours of use, insurance and public notice. Permit conditions and fees will be established by Council resolution and revised from time to time.in accordance with the published City of Houston Fee Schedule. SECTION VI: EFFECTIVE DATE: This ordinance shall take effect immediately upon adoption of the Houston City Council. ADOPTED by the Houston City Council on. THE CITY OF HOUSTON, ALASKA Virgie Thompson, Mayor ATTEST: Sonya Dukes CMC, City Clerk Bold and Underline, added. Strike through, deleted. City of Houston Ordinance No. 18-08
N RAINEE ST D10 A1 D3 11 5 1213 1 2 3 4 6 7 8 9 10 (6049) W MARGINAL ACCESS RD TR A (6629) 3 2 1 (2) 2 (6902) TRACT B (3742) (1) 2 1 1 TELSITNA ST N C18 C21 C15 C14 C19 TRACT B C20 B1 (1424) C15 D8 D12 D2 D13 D10 D14 5 6 1 (6393) (7) 2 1 (8) 1 3 PARK 1 2 4 C6 C3 (7100) C12 7 6 5 6 7 8 9 (6050) 10 11 1 2 3 4 5 121314 16 15 17 181920 (6544) (6564) 10 98 TR A TR A 21 22 22 23 28 B2 A1 27 B2 TRACT C (6100) (6617) TRACT B LITTLE (1) 1 SUSITNA (6617) PUBLIC PARK 1 TRACT TRACT B3 B4 12 2 A-2A A-2B 8 (4536) (3) 3 (3) 4 (3538) 11 1 10 9 8 2 7 6 5 9 3 (4) (3) 7 4 3 4 5 8 (9) SHERWOOD 6 2 5 (5) B5 4A (5) (4) FOREST 1 3 (3538) 7 5 6 3 2 1 1 2 4 5 6 PUBLIC PARK 7 4 14 13 12 8 MSB/PORT (2) (1) 3 (3) 1 9 14 1 2 3 MAC RAIL 7 8 9 10 11 12 13 15 7 8 9 2 10 41 40 (1207) 39 EXT 1 2 3 Phase One Parcels: 3 2 1 5 4 9 6 5 4 3 2 1 6 5 4 8 A2 B2, B4, C12, D5 and (2) Tract C (1) 6 7 (6617) 25 24 23 22 MSB/PORT Houston MACKENZIE MSB/PORT RAIL EXT C4 D5 D9 D8 C7 C8 C5 C9 C11 C12 C13 C14 1 1 Palmer MACKENZIE Wasilla RAIL EXT 2 2 MSB/PORT 3 3 MSB/PORT MACKENZIE 4 4 48 MAC RAIL RAIL EXT D11 5 49 EXT D10 5 MSB/PORT Knik (2) 6 6 MACKENZIE 7 53 C2 RAIL EXT 7 54 VICINITY MAP 8 8 4 55 5 9 9 6 D4 (3) (2931) C2 56 7 10 10 57 kw PA R KS HWY W HOLLYWOOD RD S GLENNHWY Phase Two Parcels (LWCF): C14 and D2 NGLE NN HWY W PARKS HWY W JOHNATHON CIR D15 A2 D16 D6 D5 D18 D20 D19 C2 C1 W ARMSTRONG RD W KING ARTHUR DR MSB #007293 Proposed MSB Land Transfer to 2 City of Houston W PAY DIRT RD 2 (1) S T18N R03W Secs. 22, 1 26, 27 MSB Tax Map HO 06 MSB/LRMD September, 2017 3 Little Susitna Riv er 4 1 W BENCH LAKE DR (3) 2 1 Feeṫ W MERLIN DR N 1 (6) 2 (2) (4) 2 0 1,000 1 2 MAJORS DR 2 3 8 7 6