HomeMy WebLinkAbout2016-09-07 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
SEPTEMBER 7, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council member so requests,
in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
1. Kenai Peninsula Borough Mayor Mike Navarre – Presentation of the Two Tax
Propositions that will be on the October 4, 2016 Borough-Wide General
Election Ballot: 1) Raising the Taxable Transaction Cap for Borough Sales Tax
to $1,000; and 20 Phasing in a Reduction in the Borough’s Senior Citizen
Property Tax Exemption. ................................................................ Pg. 5
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 2908-2016 – Approving and Adopting a Revised 2030
Comprehensive Plan Updated in 2016 for the City of Kenai and
Recommending Adoption by the Kenai Peninsula Borough. ........... Pg. 27
2. Ordinance No. 2912–2016 – Accepting and Appropriating a Grant from the
Federal Aviation Administration for the 2016 Improved Airport Drainage Project
and Awarding a Construction Contract to Peninsula Construction, Inc.
....................................................................................................... Pg. 213
3. Ordinance No. 2913-2016 – Accepting and Appropriating a Grant from the
State of Alaska for the Purchase of Library Books. ......................... Pg. 219
4. Ordinance No. 2914-2016 – Increasing Estimated Revenues and
Appropriations by $8,000 in the Senior Citizen Fund, for Supplemental
Nutrition, Transportation, And Support Services Grant Funding Received For
Fiscal Year 2017. ............................................................................ Pg. 221
5. Ordinance No. 2915-2016 – Amending KMC Section 4.32.15-Local
Amendments to the 2012 International Residential Code, by Making Local
Amendments to the 2012 Edition of the International Residential Code
Regarding Smoke Alarms in Crawl Spaces..................................... Pg. 225
6. Ordinance No. 2916-2016 – Amending KMC Chapter 12.10-Nuisances In
General, to Include Abandoned Structures, Change the Enforcement Process,
and Make Other Material and Housekeeping Changes. .................. Pg. 235
7. Resolution No. 2016-38 – Declaring Equipment, Supplies, and Materials
Surplus 0r Obsolete, and to be Sold as Allowed in Kenai Municipal Code
7.15.060 and 7.15.070. ................................................................... Pg. 245
8. Resolution No. 2016-39 – Accepting a Donation of a Parcel of Property
Described as Lots One (1) and Two (2), Block One (1) Bush Lanes Subdivision,
Kenai, Alaska from Gene E. Lynn, for the Public Purpose of Future Water and
Sewer Utility Expansion and Determining that the Public Interest will not be
Served by an Appraisal. .................................................................. Pg. 249
9. Resolution No. 2016-40 – Approving the Purchase of a 2016 F-150 XL 4x4
Supercrew Cab Pickup Truck through the State of Alaska Equipment Fleet
Contract Pricing. ............................................................................. Pg. 253
10. Resolution No. 2016-41 – Consenting to the Vacation of a Right-of-Way,
Approximately 104 Feet in Length and 20 to 30 Feet in Width, between Lot 16A
Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite Of
Kenai, And Consenting To The Acceptance Of The Right-Of-Way Affecting A
Portion Of Lot 17, Block 5, Townsite Of Kenai, Located At The Intersection Of
Mission Avenue And Upland Street As Set Forth On The Plat Of Townsite Of
Kenai 2016 Addition, Which Is Attached Hereto As Exhibit “A”. ...... Pg. 255
E. MINUTES
1.*Regular Meeting of August 17, 2016 ................................................ Pg. 273
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ......................................... Pg. 281
2. *Action/Approval – Purchase Orders Exceeding $15,000. ............ Pg. 283
Kenai City Council Meeting Page 2 of 4
September 7, 2016
3. *Ordinance No. 2917-2016 – Amending Kenai Municipal Code Section
3.10.020 – Control and Confinement of Animals, to Require Cats in the City to
be Restrained at all Times. ............................................................. Pg. 285
4. *Ordinance No. 2918-2016 – Waiving Certain Lease Provisions Imposed by
Kenai Municipal Code Chapter 21.10 – Leasing of Airport Reserve Lands, and
Approving a Non-Standard Form of Lease for the Lease of Lot 5, FBO
Subdivision No. 8, According to Plat No. 2004-85, Located within the Airport
Reserve, to Soar International Ministries, Inc. ................................. Pg. 289
5. *Ordinance No. 2919-2016 – Determining that Lot 3A, Block 1, Spur
Subdivision No. 1, 1983 Addition, City-Owned Airport Property Located
Outside the Airport Reserve, is Not Needed for a Public Purpose and
Authorizing the Sale of the Property to Dean You, or His Assignee.
....................................................................................................... Pg. 341
6. *Ordinance No. 2920-2016 – Increasing Estimated Revenues and
Appropriations by $4,206 in the Airport Fund, by $62,981 in the General Fund,
and Amending KMC 23.50.010 for the Creation of a Fulltime Human Resource
Director Position. ........................................................................... Pg. 347
7. *Ordinance No. 2921-2016 – Appropriating Funds in the General and City
Dock Capital Project Funds for Engineering and Design Services to Repair
Damage to the Kenai City Dock Caused by Age and the January 2016, 7.1
Magnitude Earthquake that Shook the Cook Inlet Region. .............. Pg. 355
8. *Ordinance No. 2922-2016 – Accepting and Appropriating a Grant from the
Rasmuson Foundation for Restoration of a Historic City of Kenai Fire Truck.
....................................................................................................... Pg. 359
9. *Ordinance No. 2923-2016 – Amending Kenai Municipal Code Section
21.05.020 – Airport Reserve Boundary Map, to Relocate the Airport Reserve
Boundary from the Kenai Spur Highway to the North Side of Cohoe Avenue
and to Replace the Airport Reserve Boundary Map in Appendix I of Chapter
21.05 – Airport Administration and Operation with a New Updated Map.
....................................................................................................... Pg. 363
10. Action/Approval – Consent to Assignment of Lease of Airport Reserve Lands
for Property Described as Lot 1A, Block 2, General Aviation Apron Subdivision
No. 3 located at 135 Granite Point Court, from SOAR International Ministries,
Inc. (Assignor) to Schilling Rentals, LLC (Assignee). ...................... Pg. 369
11. Action/Approval – Assignment of Non-Exclusive On-Airport Automobile
Rental Concession Agreement from Corporate Sales & Leasing, Inc., d/b/a
Budget Rent A Car to Copper River Rentals, LLC........................... Pg. 379
12. Action/Approval – Approving a Special Use Permit for an Oktoberfest Event
at Millennium Square. ..................................................................... Pg. 385
Kenai City Council Meeting Page 3 of 4
September 7, 2016
13. Discussion/Action – Schedule a Meeting to Interview Candidates that
Submitted Applications for the City Manager Position. .................... Pg. 393
14. Discussion/Action – Kenai Peninsula Borough Substitute Ordinance 2016-
25, An Ordinance Reducing the Planning Commission Membership.
....................................................................................................... Pg. 395
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission ........................................................................ Pg. 401
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission .................................................. Pg. 403
6. Beautification Committee
7. 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
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. August 2016 Kenai Historical Society Newsletter.
3. Kenai Visitor and Cultural Center Report, 2nd Quarter, April-June 2016.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. 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 4 of 4
September 7, 2016
Page 5 of 420
Page 6 of 420
Page 7 of 420
Page 8 of 420
Page 9 of 420
Page 10 of 420
Page 11 of 420
Page 12 of 420
Page 13 of 420
Page 14 of 420
Page 15 of 420
Page 16 of 420
Page 17 of 420
Page 18 of 420
Page 19 of 420
Page 20 of 420
Page 21 of 420
Page 22 of 420
Page 23 of 420
Page 24 of 420
Page 25 of 420
Page 26 of 420
Sponsored by: City Manager
CITY OF KENAI
ORDINANCE NO. 2908-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING AND
ADOPTING A REVISED 2030 COMPREHENSIVE PLAN UPDATED IN 2016 FOR THE
CITY OF KENAI AND RECOMMENDING ADOPTION BY THE KENAI PENINSULA
BOROUGH.
WHEREAS, the Kenai Peninsula Borough as a Second-Class Borough provides for
planning on an area wide-basis in accordance with Chapter 29.40 of the Alaska
Statutes; and,
WHEREAS, the Kenai Peninsula Borough has delegated authority to the City of Kenai
to enact land use plan amendment to the Kenai Comprehensive Plan in accordance with
Kenai Peninsula Borough Code 21.01.025; and,
WHEREAS, Kenai Peninsula Borough Code 21.01.025 requires Kenai Peninsula
Borough adoption by ordinance of amendments to the City’s Comprehensive Plan for all
amendments other than land use plan amendments; and,
WHEREAS, the City of Kenai, as a Home Rule City inside a Second-Class Borough, has
updated its Comprehensive Plan; and,
WHEREAS, the revised 2030 Comprehensive Plan was updated using the draft 2030
Comprehensive Plan approved by the Council of the City of Kenai on April 17, 2013 and
the 2003 Comprehensive Plan which was adopted by the Council of the City of Kenai on
November 5, 2003
WHEREAS, the revised 2030 Comprehensive Plan was created with extensive public
outreach and participation including Town Hall Meetings, agency outreach, meetings
with business leaders, and a “Facebook” page; and,
WHEREAS, the Planning and Zoning Commission of the City of Kenai and Planning Staff
has received numerous comments and input regarding the updating of the revised 2030
Comprehensive Plan; and,
WHEREAS, the Planning and Zoning Commission of the City of Kenai considered public
comments and made changes to the draft revised 2030 Comprehensive Plan based on
those comments; and,
WHEREAS, Planning Staff held Town Hall meetings on March 23, 2016, April 16, 2016,
April 21, 2016 and May 10, 2016 and the Planning and Zoning Commission held Work
Sessions on May 17, 2016, May 31, 2016 and June 23, 2016 to receive public comments
and discuss the revised 2030 Comprehensive Plan; and,
Page 27 of 420
Ordinance No. 2908-2016
Page 2 of 2
WHEREAS, the Planning and Zoning Commission held a Public Hearing on July 13,
2016 and unanimously recommended that the Council of the City of Kenai approve the
revised 2030 Comprehensive Plan, updated in 2016.
WHEREAS, the Council of the City of Kenai on August 3, 2016 held a Public Hearing
and reviewed the final draft of the revised 2030 Comprehensive Plan, updated in 2016
and recommended approval of the Plan to the Kenai Peninsula Borough.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that,
Section 1. Form: That this is a non-code ordinance.
Section 2. The Final Draft of the revised 2030 Comprehensive Plan prepared by
Benson Planning Associates, Glenn Gray and Associates, Bechtol Planning
and Development, and Alaska Map Company is hereby approved and
adopted as the Comprehensive Plan of the City of Kenai.
Section 3. This Plan is hereby recommended to the Kenai Peninsula Borough for
adoption as the official Borough Comprehensive Plan within he City of
Kenai planning area of the Borough.
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 4. Effective Date: That pursuant to Kenai Municipal Code Section 1.15.070(f),
this Ordinance shall take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of September,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk Introduced: August 3, 2016
First Reading: August 24, 2016
Second Reading: September 7, 2016
Effective: October 7, 2016
Page 28 of 420
Page 29 of 420
Page 30 of 420
MEMORANDUM:
TO: Rick Koch, City Manager
FROM: Matt Kelley, City Planner
DATE: August 10, 2016
SUBJECT: Proposed Amendments to the Revised 2013 Comprehensive Plan
The purpose of this communication is to introduce proposed amendments that were discussed
by the City Council at their Work Session on August 9, 2016. The proposed amendments are
summarized below:
1. Staff has updated the Table of Contents and with additional call outs for Figures, Maps,
Tables. Staff would like to ask the City Council to please replace the existing Table of
Contents with the revised Table of Contents which is attached.
2. Staff has updated the Acknowledgments page with a revised page, Staff would like to
ask the City Council to please replace the existing page with the revised page which is
been attached.
3. Staff would like to recommend that the following language regarding to Chapter 4,
Section 4.1: Captain James Cook, the famous English mariner, who in 1778 explored
what is now known as Cook Inlet. At that time the area was occupied by Taniana Indians
who harvested seasonal runs of salmon and other wild foods. Remains of Taniana
house pits are evidence of the Indians' earlier presence. In recent years the beach area
has been used for commercial fishing with beach set-nets.
4. Staff would like to replace the first paragraph on page 33 with the following revised
language: The rapid growth of the Kenai River personal use dipnet fishery has added a
250,000-400,000 sockeye fish harvest in a short time period to the management mix.
The City provides a number of services to support this fishery including parking and
camping on the beaches, restrooms and trash collection, police patrols and a boat dock
with a 4 ramp boat launch. The City works collaboratively with agencies and the fishing
industry to support sustainable fisheries harvests. In 2014 the City instituted a tide
dependent no wake zone for a 6,000-foot segment of the south river bank to reduce
erosion; eliminated an access and improved another, and is constructing a new access
at the Kenai River mouth; maintained solid waste and pit toilets, and provided police foot
and boat patrols. Revenue was generated from municipal boat launch and parking fees.
The costs for management equal revenue derived from the boat launch and parking fees
collected during the fishery (KPEDD 2016).
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
Page 31 of 420
5. Staff would like to recommend that following two additional bullet items be added to
Section 4.5: - City Dock and Airport
6. Staff would like to recommend that Section 6.3, Goal 2 – Economic Development be
amended to add Objective ED-8 – Capitalize on the tourism industry by marketing Kenai
as a destination for recreational activities, conventions, festivals, arts, cultural, and other
events.
7. Staff would like recommend that Section 6.6, Goal 5 - Transportation be amended to
include the following additional Action Item: Continue to work with the Kenai Peninsula
Borough to continue implementation of the Coordinated Public Transit-Human Services
Transportation Plan.
8. Staff would like to recommend that Section 4.5.4 Parks and Recreation be amended to
include the following paragraph: In 2015 the City Council established the Kenai Outdoor
Opportunity Location (KOOL) Subcommittee. The subcommittee was given the task of
putting together a Feasibility Study to look at the opportunities and costs to expand
and/or create a new park designed to host current and future public events. In March of
2016 the KOOL Subcommittee presented its findings to the City Council at a Work
Session. The KOOL Subcommittee recommended that a portion of Millennium Square
(see Section 5.4.1.1) be constructed to house the proposed event park. The
Subcommittee also further recommended that this park could be constructed over four
phases. For further information, please see the 2016 KOOL Subcommittee Feasibility
Report (http://www.kenai.city/KOOL_Committee).
9. Staff would also like to recommend that the Land Use Designation for the 5 lots located
along First Avenue be designated Mixed Use rather than Central Commercial. These
subject lots are zoned General Commercial and are a mixed of residents and
commercial uses. Please see the attached email from Mr. and Mrs. Wiles with
reasoning as to why they would like to have their parcels designated as Mixed Use. The
Mixed Use Land Use designation would be appropriate for these 5 lots, considering their
location along First Avenue. Staff would recommend the consideration of rezoning these
lots to Mixed use in the future. Staff will present a GIS map to the Council to show the
location the detailed location of these subject lots.
Thank you for your consideration.
Page 32 of 420
MEMORANDUM:
TO: Rick Koch, City Manager
FROM: Matt Kelley, City Planner
DATE: September 7, 2016
SUBJECT: Proposed Amendments to the 2016 Imagine Kenai 2030 Comprehensive
Plan
The purpose of this communication is to introduce proposed amendments that were discussed
by the City Council at their Work Session on August 9, 2016 and at their regular meeting of
August 24, 2016. Staff would like to suggest the following amendments be added to the 2016
Imagine Kenai Comprehensive Plan. For the benefit of the City Council, staff has placed new
text to be added in “quotes”.
1. Staff has updated the Table of Contents and with additional call outs for Figures, Maps,
Tables. Staff would like to ask the City Council to please replace the existing Table of
Contents with the revised Table of Contents which is attached.
2. Staff has updated the Acknowledgments page with a revised page, Staff would like to
ask the City Council to please replace the existing page with the revised page which is
been attached.
3. Staff would like to update Chapter 3: Kenai’s Native Community with revisions from the
Kenaitze Indian Tribe. Under the Section titled Kenaitze Indian Tribe, staff would like to
replace the three paragraphs contained in this section with the following new three
paragraphs:
“Kenaitze Indian Tribe:
The Kenaitze Indian Tribe was federally recognized as a sovereign, independent nation in 1971 under the Indian Reorganization Act as amended for Alaska. Today, the tribe has more than 1,600 tribal members who live across the Kenai Peninsula and beyond. It is one of the largest employers in the region with approximately 300 full-time and part-time employees. The tribe delivers a variety of programs and services that promote the wellness of its people as well as the broader community. In 2014, it opened the Dena’ina Wellness Center, a 52,000-square-foot fully integrated health care facility in Old Town Kenai. The tribe also operates a tribal court, early childhood center, Elders program, youth program, family and social services programs, and housing program, among others.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
Page 33 of 420
It’s been thousands of years since the tribe’s people, the Kahtnuht’ana Dena’ina, first inhabited the area. Today, the tribe’s mission is to assure the Kahtnuht’ana Dena’ina thrive forever.”
4. Staff would like to recommend that the following language be placed after the second
paragraph in Section 4.1:
"Captain James Cook, one of most ambitious explorers of all time, sailed into what is now known as Cook Inlet in 1778 aboard the HMS Resolution, accompanied with the HMS Discovery in search of the fabled Northwest Passage. Cook preceded Russian explorers in upper Cook Inlet, and many current place names from his 1778 voyage remain in use today."
5. Under Section 4.3.2 Education, staff would like to suggest that the second paragraph be
replaced with the following paragraph:
“In addition, the citizens of Kenai have access to college courses at the Alaska Vocational Technical Center (AVTEC) which is located in Seward as well as Kenai Peninsula College (KPC) which is located within the unincorporated area of Soldotna. Students can take courses though the University of Alaska, Anchorage, Fairbanks or South East while attending KPC to earn a Bachelor’s Degree in a number of different subjects including but not limited to Anthropology, Elementary Education and Biology. Furthermore, KPC offers a number of Associate of Arts and Certificate programs. AVTEC offers programs in offers short term and long term programs including the Alaska Culinary Academy, the Alaska Maritime Training Center, and courses in information technology, nursing, applied technology and power plant operations.”
6. Under Section 4.4.2 Business Indicators, staff would like to remove “retail space” from
the introductory sentence.
7. Under Section 4.4.4 Fisheries and Seafood Processing, staff would like to replace the
last paragraph with the following revised language:
“The rapid growth of the Kenai River personal use dipnet fishery has added a 250,000-400,000 sockeye fish harvest in a short time period to the management mix. The City provides a number of services to support this fishery including parking and camping on the beaches, restrooms and trash collection, police patrols and a boat dock with a 4 ramp boat launch. The City works collaboratively with agencies and the fishing industry to support sustainable fisheries harvests. In 2014 the City instituted a tide dependent no wake zone for a 6,000-foot segment of the south river bank to reduce erosion; eliminated an access and improved another, and is constructing a new access at the Kenai River mouth; maintained solid waste and pit toilets, and provided police foot and boat patrols. Revenue was generated from municipal boat launch and parking fees. The costs for management equal revenue derived from the boat launch and parking fees collected during the fishery (KPEDD 2016).”
8. Staff would like to recommend that following two additional bullet items be added to
Section 4.5: - City Dock and Airport
9. Under Section 4.5.3 Transportation, Kenai Municipal Airport, staff would like to amend
the 10th paragraph by revising the last sentence as follows:
“These leases provide funding for airport operations and maintenance from both lease holders and from the City General Fund.”
Page 34 of 420
10. Under Table 14, staff would like to amend “Bird Viewing Platform Area” to “Wildlife
Viewing Platform Area”.
11. Staff would like to recommend that Section 4.5.4 Parks and Recreation be amended to
include the following paragraph at the end of the section
“In 2015 the City Council established the Kenai Outdoor Opportunity Location (KOOL) Subcommittee. The subcommittee was given the task of putting together a Feasibility Study to look at the opportunities and costs to expand and/or create a new park designed to host current and future public events. In March of 2016 the KOOL Subcommittee presented its findings to the City Council at a Work Session. The KOOL Subcommittee recommended that a portion of Millennium Square (see Section 5.4.1.1) be constructed to house the proposed event park. The Subcommittee also further recommended that this park could be constructed over four phases. For further information, please see the 2016 KOOL Subcommittee Feasibility Report (http://www.ci.kenai.ak.us/sites/default/files/commissions_committees/KOOL_Presentation.pdf).Staff would like to recommend that Section 6.3, Goal 2 – Economic Development be amended to add Objective ED-8 – Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural, and other events.”
12. In Section 4.5.5 Senior Citizen Facilities and Services, staff would like to replace the last
paragraph with the following:
“In 2013 Charis Place, developed by Hall Quality Builders opened on Forest Drive as a new assisted living facility in Kenai. The new facility consists of 21 apartment suites, each 320 square feet in size. As of 2016, a second addition to the Charis Place assisted living facility is currently being constructed, consisting of an additional 21 apartment suites. The development by Hall Quality Builders in Kenai, further demonstrates the importance of Kenai’s seniors.”
13. Under Section 4.5.7 Other Services, staff would like to remove “Central Area Rural
Transit System (CARTS)” from the second sentence of the fourth paragraph.
14. Under Section 6.3, Goal 2 – Economic Development, staff would like to add Objective
ED-9
“Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural, and other events.”
15. Under Section 6.6, Goal 5 - Transportation, staff would like to add the following Action
Item:
“Continue to work with the Kenai Peninsula Borough to continue implementation of the Coordinated Public Transit-Human Services Transportation Plan.”
16. Staff would also like to recommend that the Land Use Designation for the following lots
be amended from Central Commercial to Mixed Use:
a. KPB Parcel Number: 04317029, Lot 2, Letzring 1985 Sub of Govt. Lot 169.
b. KPB Parcel Number: 04317030, Lot 3, Letzring 1985 Sub of Govt. Lot 169.
c. KPB Parcel Number: 04317028, Lot 1, Letzring 1985 Sub of Govt. Lot 169.
d. KPB Parcel Number: 04317013, Govt. Lot 170
Page 35 of 420
These subject lots are zoned General Commercial and are a mixed of residents and
commercial uses. Please see the attached email from Mr. and Mrs. Wiles with
reasoning as to why they would like to have their parcels designated as Mixed Use. The
Mixed Use Land Use designation would be appropriate for these 4 lots, considering their
location along First Avenue. Staff would recommend the consideration of rezoning these
lots to Mixed use in the future. Staff will present a GIS map to the Council to show the
detailed location of these subject lots.
17. Staff would like to recommend that a portion of the land use designation for Tract 1A
Sprucewood Glen Sub No. 2 be amended from General Commercial to Parks,
Recreation & Open Space. The subject parcel would contain a split land use
designation with General Commercial being located on that portion which fronts the
Kenai Spur Highway to the access easement location on Walker Lane. The remaining
portion of subject lot would be designated as Parks, Recreation & Open Space. At the
August 24, 2016 City Council meeting this was requested as part of the public comments
received.
18. Staff would like to amend the 2016 Imagine Kenai 2030 Comprehensive Plan by
replacing the 26 pictures along with the cover picture with new pictures submitted by
Mark Pierson as appropriate. The pictures are attached.
Thank you for your consideration.
Page 36 of 420
Imagine Kenai 2030
City of Kenai Comprehensive Plan
Table of Contents
Chapter 1: Introduction ................................................................................................................... 1
1.1 Purpose of Comprehensive Planning ................................................................................... 2
1.2 Goals of the Plan .......................................................................................................................... 2
1.3 How to Use this Plan ................................................................................................................... 3
Chapter 2: City of Kenai – Mission, Powers, Identity ............................................................. 5
2.1 Powers of the City ....................................................................................................................... 5
2.2 Planning and Zoning Commission ......................................................................................... 6
2.3 Context for Planning .................................................................................................................. 7
2.4 Kenai’s Identity ............................................................................................................................ 9
Chapter 3: Kenai’s Native Community ...................................................................................... 10
Chapter 4: Background Information ......................................................................................... 13
4.1 Settlement History .................................................................................................................... 13
4.2 Setting ........................................................................................................................................... 15
4.2.1 Climate and Environment ................................................................................................... 15
4.2.2 Natural Hazards ..................................................................................................................... 15
4.3 Population, Education and Housing ................................................................................... 21
4.3.1 Population ................................................................................................................................ 21
4.3.2 Education .................................................................................................................................. 23
4.3.3 Housing ..................................................................................................................................... 24
4.3.4 Energy Costs ............................................................................................................................ 25
4.4 Economy ....................................................................................................................................... 26
4.4.1 Employment and Income .................................................................................................... 27
4.4.2 Business Indicators............................................................................................................... 28
4.4.3 Oil and Gas Industry ............................................................................................................. 30
4.4.4 Fisheries and Seafood Processing ................................................................................... 32
4.4.5 Visitor Industry ...................................................................................................................... 33
4.5 Public Facilities and Services ................................................................................................ 34
4.5.1 Water and Sewer Systems .................................................................................................. 37
4.5.2 Public Safety ............................................................................................................................ 37
4.5.3 Transportation ....................................................................................................................... 37
4.5.4 Parks and Recreation ........................................................................................................... 47
4.5.5 Senior Citizen Facilities and Services ............................................................................. 50
Page 37 of 420
4.5.6 Kenai Community Library .................................................................................................. 52
4.5.7 Other Services ......................................................................................................................... 53
4.6 City of Kenai Finances .............................................................................................................. 54
4.6.1 Expenditures ........................................................................................................................... 54
4.6.2 Revenues .................................................................................................................................. 55
4.7 Forecast of Economy, Population and Housing Demand ............................................ 55
Chapter 5: Land Use Plan ............................................................................................................... 57
5.1 Land Use Classifications and Land Use Maps .................................................................. 57
5.2 Existing Land Use and Ownership Patterns ..................................................................... 60
5.2.1 Challenges and Opportunities ........................................................................................... 61
5.3 Land Ownership ........................................................................................................................ 64
5.3.1 Suitability for Development .............................................................................................. 64
5.4 Land Use Classifications ......................................................................................................... 66
5.1.1 Commercial Land Uses ......................................................................................................... 66
5.4.1.1 Millennium Square ............................................................................................................ 67
5.4.1.2 Kenai Townsite Historic District .................................................................................. 67
5.4.2 Mixed Use ................................................................................................................................. 69
5.4.3 Residential Land Uses .......................................................................................................... 69
5.4.4 Industrial Land Use ............................................................................................................... 70
5.4.5 Institutional Land Uses ........................................................................................................ 72
5.4.6 Parks, Recreation and Open Space Land Uses ............................................................. 72
Chapter 6: Goals, Objectives, and Implementation .............................................................. 74
6.1 Introduction and Framework for the Future .................................................................. 74
6.2 Goal 1 – Quality of Life ............................................................................................................. 75
6.3 Goal 2 – Economic Development .......................................................................................... 76
6.4 Goal 3 – Land Use ....................................................................................................................... 77
6.5 Goal 4 – Public Improvements and Services .................................................................... 79
6.6 Goal 5 – Transportation .......................................................................................................... 80
6.7 Goal 6 – Parks and Recreation .............................................................................................. 81
6.8 Goal 7 – Natural Hazards ........................................................................................................ 82
6.9 Goal 8 Environmental Resources ........................................................................................ 83
6.10 Implementation ...................................................................................................................... 84
References ......................................................................................................................................... 85
Appendix A: 2013 Draft Comprehensive Plan ....................................................................... 90
Appendix B: 2016 Kenai Comprehensive Plan Update Community Outreach ........... 91
Page 38 of 420
Maps
Map 1: Location Map ......................................................................................................................... 1
Map 2: City of Kenai Water System ............................................................................................ 35
Map 3: City of Kenai Sewer System ............................................................................................ 36
Map 4: City of Kenai Maintained Roads .................................................................................... 41
Map 5: Kenai Municipal Airport Existing Land Use Map .................................................... 45
Map 6: Kenai Municipal Airport 2011 Noise Exposure Map ............................................. 46
Map 7: Land Use Plan ...................................................................................................................... 59
Map 8: Land Ownership ................................................................................................................. 63
Map 9: Wetlands and Floodplains .............................................................................................. 65
Map 10: Business District .............................................................................................................. 66
Map 11: Millennium Square ......................................................................................................... 67
Map 12: Townsite Historic District ............................................................................................ 67
Tables
Table 1: Previous Comprehensive Plans .................................................................................... 7
Table 2: Documents Related to the Comprehensive Plan .................................................... 8
Table 3: Hazard Identification & Risk Matrix ......................................................................... 16
Table 4: Age, Sex and % Change April 2010 – July 2015..................................................... 22
Table 5: Household Size Comparison ........................................................................................ 23
Table 6: Educational Attainment ................................................................................................ 24
Table 7: Housing Units 2009 – 2014, City of Kenai ............................................................... 25
Table 8: City of Kenai Employment 2009 – 2014 .................................................................. 27
Table 9: Major Occupations, City of Kenai, 2015 ................................................................... 27
Table 10: City of Kenai Income & Benefits 2009 – 2014 ..................................................... 28
Table 11: City of Kenai Construction Valuation 2010 – 2015 ........................................... 29
Table 12: Average Annual Daily Traffic ................................................................................... 40
Table 13: Kenai Municipal Airport Historical Enplanement Data .................................. 44
Table 14: City of Kenai Parks and Open Space ....................................................................... 49
Table 15: Current & Future Land Use Demand ...................................................................... 56
Table 16: Land Use Plan Classifications ................................................................................... 58
Table 17: City of Kenai Land Ownership .................................................................................. 64
Figures
Figure 1: Past & Future Projected Erosion Rates .................................................................. 18
Figure 2: Kenai Spur Permanent Traffic Recorder Data .................................................... 39
Page 39 of 420
Acknowledgements
Kenai City Council
Pat Porter, Mayor Brian Gabriel, Vice Mayor
Bob Molloy Tim Navarre
Henry Knackstedt Mike Boyle
Terry Bookey Ryan Marquis*
Student Representatives: Mackenzie Landerman Hannah Drury*
Planning and Zoning Commission
Jeff Twait, Chair Diane Fikes, Vice Chair
Robert Springer Glenese Pettey
James Glendening Patrick “Jack” Focose
Kenneth Peterson
Consultants
Benson Planning Associates Alaska Map Company
601 Bounty Drive P.O. Box 2292
Anchorage, Alaska 99515 Kenai, Alaska 99611
(907) 244‐3274 (907) 283‐4627
Citizens of Kenai
The contribution of Kenai citizens who provided input to this plan at public meetings, by completing surveys and
submitting comments is gratefully acknowledged. Special thanks to Dr. Alan Boraas for his additions to the
settlement history and to Joe Moore for his review of the fisheries section.
City Administration
Rick Koch, City Manager
Christine Cunningham, Assistant to the City Manager
Matthew Kelley, City Planner
Willie Anderson, Planning and Zoning Assistant
Sandra Modigh, City Clerk
Scott Bloom, City Attorney
Sean Wedemeyer, Capital Projects, Public Works Director
Terry Eubank, Finance Director
Dave Ross, Chief, Police Department
Jeff Tucker, Chief, Fire Department
Mary Bondurant, Airport Manager
Mary Jo Joiner, Kenai Community Library
Rachel Craig, Kenai Senior Center
Bob Frates, Parks and Recreation Director
Marilyn Kebschull, City Planner *
Nancy Carver, Planning and Zoning Assistant*
Corene Hall, Deputy City Clerk*
Krista Stearns, City Attorney*
Gus Sandahl, Chief, Police Department*
Mike Tilly, Chief, Fire Department*
*Kevin Lyon, Manager Capital Projects, Public Works Director*
*Former Council Members and Staff
Page 40 of 420
Copies Available from:
City of Kenai Planning Administration, 210 Fidalgo Avenue, Kenai, AK 99611‐7794 Phone: (907) 283‐8237
Online: http://www.kenai.city
Photo credits: Mark Pierson
Page 41 of 420
Kenai Comprehensive Plan Comparison 1 8‐17‐16
City Council Submittal
Comprehensive Plan Comparison
Kenai 2003 Plan & Proposed 2016 Update
A comparison of the 2003 Kenai Comprehensive Plan with the proposed 2016 Update is outlined below. Both
plans are organized very similarly and include the typical comprehensive plan topics such as: an introduction;
a description of the city’s planning powers; background information on the existing socioeconomic and
physical setting; definitions of land uses and a land use map; planning goals and objectives (note: 2003 plan
had policies); and, implementation recommendations.
Organizational and Background Data Changes
There are some basic changes to the document organization and the background data that occurred as a
result of the update process.
Document Organization: There are a few minor organizational differences such as:
1. 2003 Plan – (a) layout is landscape; (b) goals listed in second chapter; and, (c) city powers described in
the “Framework for the Future” chapter (i.e. the land use plan).
2. 2016 Update – (a) layout is portrait; (b) goals listed in the second chapter and described in “Goals,
Objectives, and Implementation” chapter; and, (c) city powers described at the beginning of the
document in “City of Kenai Mission, Powers, and Identity”. In addition, photographs have been
updated in the 2016 update.
Background Data: The following information was updated and new maps or charts created, where
applicable.
1. Socioeconomic information: population, economy, housing, energy – used information from KPEDD,
DLWD and US Census
2. Created a separate chapter on the Kenai Native community.
3. Natural hazards ‐ used recently developed 2016 KPB Local All‐Hazard Mitigation Plan –Kenai Annex
4. Public facilities – used information on roads, dock, airport, sewer and water , senior center, library,
parks and recreation from city departments, airport, and DOT&PF
5. Oil and gas industry – used information from the ADNR Division of Oil and Gas and KPB websites
Page 42 of 420
Kenai Comprehensive Plan Comparison 2 8‐17‐16
City Council Submittal
Goals, Land Use Classifications, and Land Use Map Changes
The major difference between the 2003 Plan and the proposed 2016 update are found in the Goals and Land
Use chapters.
Goals
2003 Plan – Goals and Policies 2016 Update – Goals, Objectives, Action Items
No objectives.
Policies serve as the operational guidance for
decision‐makers.
Policies are listed with implementation
measures in the Implementation Chapter.
Goals and vision statements came from draft 2013
plan; confirmed during 2016 outreach.
Objectives used instead of policies to guide
decision‐makers.
Action items identified for each objective.
1. Create an attractive, vital, city center, with a
mix of private and public facilities and activities
to benefit residents and visitors.
2. Protect and rejuvenate the livability of
residential neighborhoods.
3. Meet the needs of Kenai’s growing senior
population.
4. Promote residential and commercial
development.
5. Provide appropriate city facilities and levels of
service.
6. Protect the city’s natural areas and scenic
views.
7. Develop a local system of trails and appropriate
access to public lands, and regional trails along
arterials that traverse the city.
8. Maintain public safety resources at a level
commensurate with growth.
9. Expand existing or provide new public facilities
that increase the quality of life for Kenai’s
citizens and visitors.
1. Quality of Life: Promote and encourage quality of
life in Kenai.
2. Economic Development: Provide economic
development to support the fiscal health of Kenai
3. Land Use: Develop land use strategies to
implement a forward‐looking approach to
community growth.
4. Public Improvements and Services: Provide
adequate public improvements and services in
Kenai.
5. Transportation: Provide transportation systems
that are efficient and adequate to serve the
regional needs of the community.
6. Parks and Recreation: Ensure that Kenai has
excellent parks and recreational facilities and
opportunities.
7. Natural Hazards and Disasters: Prepare and
protect the citizens of Kenai from natural hazards
and disasters
8. Environmental Resources: Protect and enhance the
natural resources and environment of the
community.
Page 43 of 420
Kenai Comprehensive Plan Comparison 3 8‐17‐16
City Council Submittal
Land Use
The land use classifications in the 2003 Plan (and ones from the draft 2013 Plan) were used to create the 2016
classifications and to create the proposed Land Use Map for the 2016 Comprehensive Plan (see Map 7
attached). Classifications define the intent of each land use category described on the Land Use Map.
2003 Plan – Land Use
Classifications
2016 Update – Land
Use Classifications
Comparison
Neighborhood
Residential
Suburban Residential Similar intent as 2003; minor rewording.
Rural Residential Low‐Density
Residential
Similar intent as 2003; changed name to avoid confusion
with zoning term RR.
Central Commercial Central Commercial Similar intent as 2003; supporting historic townsite, MS;
focus on “downtown” and commercial centers as they
evolve
Neighborhood
Commercial
General Commercial Serves local and regional demand; located along major
roadways; design considerations recommended for future
to address linear development
Mixed Use Mixed Use Redefines to support inclusion of residential uses; specifies
compatibility to be addressed by site design standards
Industrial Industrial Similar intent; mix of heavy and light
Airport Industrial Airport Industrial Acknowledges airport industrial uses; supports Airport
Master Plan
Institutional Not in 2003 but recommended in draft 2013
Conservation Parks, Recreation,
and Open Space
Changed name; specifies classification limited to publicly‐
owned lands
Page 44 of 420
2003 and 2016 Kenai Comprehensive Plan
Land Use Plan Classifications Comparison
2003 & 2016 Kenai Comprehensive Plan 1 8‐17‐16
Land Use Classifications
2003 Land Use Classifications Draft 2016 Land Use Classifications
Neighborhood Residential Suburban Residential
The Neighborhood Residential district consists of single‐
family and multi‐ family residential areas that are urban or
suburban in character. Typically, public water and sewer
services are in place or planned for installation. This land use
district may include both single‐family and multi‐family
dwellings subject to reasonable density transitions and/or
design compatibility. Formal public outdoor spaces (parks)
are a critical feature in this district. Small home‐based
businesses may be accommodated within certain design
guidelines. Neighborhood institutional uses such as churches,
schools, and day care facilities may be intermixed if they
comply with neighborhood design guidelines.
Suburban Residential is intended for single‐family and multi‐
family residential uses that are urban or suburban in
character. The area will typically be developed at a higher
density; lots are typically smaller; and, public water and
sewer services are required or planned. Some developments
may be required to construct streets to a paved standard and
larger subdivisions may be required to provide sidewalks and
public areas. Parks and open space land uses may be
considered appropriate. Term “neighborhood” reflects
existing pattern of development and local perspective.
Rural Residential Low-Density Residential
The Rural Residential district includes areas that, due to
location or site conditions, are best suited for large‐lot single‐
family residential development. Homes in this district
typically rely on individual on‐site water supply and
wastewater disposal systems. Compatible institutional uses
such as churches, schools, and daycare facilities may be
intermixed if they comply with zoning design guidelines.
Small home‐ based businesses may be accommodated within
certain design guidelines.
Low Density Residential because of location or poor site
conditions is intended for large‐lot single‐family low‐density
residential development. The area will typically be developed
with individual on‐site water supply and wastewater disposal
systems. Streets will typically be constructed to rural street
standards (i.e., gravel) and sidewalks will not be typically
included in the subdivision design.
Changed from RR to avoid confusion with Zoning Ordinance.
Central Commercial Central Commercial
The Central Commercial district supports retail, service, and
office businesses that serve all of Kenai and the larger region.
It is the Kenai sub‐region’s main commercial district. Retail,
service, office, and public uses predominate. Non‐commercial
uses, such as public offices, institutional uses, and dwellings
may be appropriate among commercial uses within mixed
use areas.
Central Commercial is intended for retail, service, and office
businesses at a more compact and denser scale; locations are
accessible and convenient to both motorists and pedestrians.
Central Commercial‐type development is particularly
desirable in the Townsite Historic District and adjacent core
area. Residences may be appropriate among commercial
uses in these central areas. Non‐commercial uses such as
public offices, institutional uses and residences may be
appropriate among commercial uses. Central Commercial
may also apply at locations that have evolved into new Kenai
commercial “centers” that are developed at a small to
medium scale.
Neighborhood Commercial There was not a Neighborhood Commercial classification in
2016 Plan. Incorporated the 2003 Neighborhood Commercial
definition into General Commercial.
The Neighborhood Commercial district applies to areas along
the arterial road system that are suitable for small‐scale
neighborhood‐serving retail, service, and office uses.
Page 45 of 420
2003 and 2016 Kenai Comprehensive Plan
Land Use Plan Classifications Comparison
2003 & 2016 Kenai Comprehensive Plan 2 8‐17‐16
Land Use Classifications
2003 Land Use Classifications Draft 2016 Land Use Classifications
Mixed Use Mixed Use
The Mixed Use district fosters a compatible mix of retail,
service, office, public, institutional recreational and multi‐
family residential uses. The district does not prescribe
specific proportions for these uses, only that all these uses
are desirable within the district. Mixed uses are particularly
desirable in the Townsite Historic District and City Center
overlay zone.
Mixed Use is intended for a compatible mix of residential,
retail, service, office, public, institutional and recreational
uses. Uses are co‐located in an integrated way that supports
sustainable forms of transport such as public transport,
walking and biking, and increases neighborhood amenities.
Compatibility issues are addressed through careful site layout
and building design.
There was no Institutional classification in the 2003 Plan.
Institutional land uses were identified as potentially
acceptable in residential and commercial classifications
provided they are compatible and meet design standards.
Institutional
Institutional is intended to provide an area in which
government and tax exempt institutions can offer social and
cultural amenities to the citizens of the community. The
primary use is public, non‐profit, and quasi‐public uses
including government offices and facilities, schools, churches,
and other community‐service oriented facilities.
Industrial Industrial
The Industrial district identifies areas reserved for
manufacturing, warehousing, trucking, marine‐related
industry and storage, and similar industrial activities. City
utilities and safe, convenient vehicular access is critical.
Buffers between industrial uses and adjacent non‐industrial
uses are desirable.
Industrial is intended for a variety of light and heavy
industrial uses such as: warehousing, trucking, packaging,
distribution, production, manufacturing, processing, marine‐
related industry and storage, and similar industrial activities.
Public water and sewer; utilities; and safe, convenient
vehicular access are required or planned. Because uses
generate noise, odors and emissions typically at a higher level
than other land uses, measures should be taken to minimize
conflicts with adjacent non‐industrial uses. Buffers between
industrial uses and adjacent non‐industrial uses are
desirable.
Airport Industrial Airport Industrial
The Airport Industrial district identifies airport lands
reserved for the Kenai Municipal Airport and its future
expansion, and tracts needed for present and future aviation‐
related uses and activities.
Airport Industrial is intended to support continued
development at the Kenai Municipal Airport. It is intended
for those lands reserved for the airport and its future
expansion are included in this classification. Residential uses
may be considered appropriate provided the residential use
is associated with and secondary to the primary industrial
use.
Conservation Parks, Recreation, and Open Space
The Conservation district applies to public lands whose
primary use is open space, recreation, fish and wildlife
habitat, drainage ways, floodplain, and wetlands. Some public
improvements may be appropriate within appropriate design
guidelines.
Parks, Recreation and Open Space is intended for those public
recreation facilities, as well as undeveloped lands that
provide for the conservation of natural or scenic resources.
These areas can be used for a variety of passive and active
outdoor and indoor sports and recreational activities. Areas
that may be suitable for future natural resource development
may be included in this category.
Page 46 of 420
1
Matthew Kelley
From:Nancy Wiles <nlwiles@icloud.com>
Sent:Tuesday, August 2, 2016 3:22 PM
To:Matthew Kelley
Subject:Comprehensive Plan - First Avenue
Dear Mr. Kelley,
Thank you for agreeing to present our written statement to the City Council during a planning session. We truly
appreciate your help in attempting to get our property under the Mixed Use designation.
Mike and Nancy Wiles
To Whom It May Concern:
Our names are Mike and Nancy Wiles and we live at 1206 First Avenue. We have lived here for more than 34
years and own three lots at this location.
We are asking for our properties to be considered Mix Use instead of Commercial. In the 2013 Land Use Plan
we petitioned, and the City agreed, for the property to be mixed use. Unfortunately, this plan was not approved
by the voters in 2013 and we are having to again petition for a change. One half of our block is residential (on
Second Avenue) and one half is commercial. There is both a commercial business, Moncla Drilling, and our
home on the First Avenue side. The corner lot along Birch Street would be ideal for housing as it faces the
houses across the street, and abuts the houses on the back half of the block. Mixed used would allow for either
housing or another business.
When speaking with Matt Kelley of the Planning and Zoning Department, he agreed that this would be good
for the City and for homeowners and that this property is a part of the original “Old Town” which has seen man
different uses.
Please consider our request to have this half block along First Avenue returned to mixed use as it was in 2013.
Thank you,
Mike and Nancy Wiles
1206 First Avenue
Kenai, AK 99611
Page 47 of 420
2016 Kenai Comprehensive Plan Land Use Map – Key to Proposed Map Changes
Land Use Map Changes 1 6-27-16 rev1
Map
Location
#
2016 Proposals Changes by P&Z at
6-23-16
Worksession
Discussion Points Previous
Classifications in 2003 & 2013
1. Low Density Residential
on E side of KSH; Parks,
Rec. Open Space on W
side with some Central
Commercial towards W
Mixed Use Matches 2013 Plan
recommendation
Zoning is Suburban
Residential on SW side,
Recreation on NW side and
General Commercial along
parts of the KSH
2003 –Neighborhood Residential both
sides; changes to Neighborhood
Commercial as move west
2013 – Mixed Use on SW; Mixed Use
and Inst on NW
2. Suburban Residential Mixed Use Uses more consistent with
Mixed Use type uses and
would be more consistent
with current Central
Commercial zoning.
2003 – Neighborhood Commercial
2013 – Mixed Use
3. Low Density Residential Low Density
Residential
Airport Industrial
Zoning Rural Residential;
adjacent to existing
residential area
2003- Rural Residential
2013 – Parks, Rec., Open Space on E;
Industrial on W
4. Mixed Use Parks, Recreation,
Open Space
Land subsiding into the
Inlet; will eventually
become part of tidelands
Zoning is currently
Conservation
2003 – Conservation/Open Space
2013 - Conservation
5. Central Commercial
Suburban Residential
Central Commercial Expands area appropriate
for central commercial uses
Zoning is Central Mixed Use
2003 – Neighborhood Commercial by
road; Neighborhood Residential behind
2013 – commercial
Pa
g
e
48
of
42
0
2016 Kenai Comprehensive Plan Land Use Map – Key to Proposed Map Changes
Land Use Map Changes 2 6-27-16 rev1
Map
Location
#
2016 Proposals Changes by P&Z at
6-23-16
Worksession
Discussion Points Previous
Classifications in 2003 & 2013
6. Suburban Residential Mixed Use Matches 2013 Plan
recommendation
Zoning is Urban Residential
2003 – Neighborhood Residential
2013 – Mixed Use
7. PROS/Industrial Industrial Uses currently industrial.
Addresses splitting lot with
different classifications and
zoning
2003-Industrial/Conservation/Open
Space split
2013-Industrial/Conservation split
8. General Commercial both
sides along road; LDR for
lots behind
General Commercial
with expansion to
tract of previous
LDR land
Matched existing 2003 Plan
with some expansion along
road.
Change expands
commercial beyond current
2003 plan 2013 plan
Existing residential uses.
2003 – NC along road; RR behind
2013 – MU along road; SR behind
9. Mixed Use Mixed Use Matches 2013 Plan
recommendation.
2003 – Rural Residential
2013 – Mixed Use
10. PROS PROS Keeps intent as PROS for
now.
2003 – Conservation/Open Space
2013 – Mixed Use
11. Suburban Residential Suburban
Residential
Keeps intent as residential. 2003 – Neighborhood Residential
2013 – Suburban Residential with
Mixed Use for some lots along KSH
12. General Commercial General Commercial Expands 2003 existing
designation to 2-lots deep
2003 – Neighborhood Commercial on
frontage lots only (except one behind)
Pa
g
e
49
of
42
0
2016 Kenai Comprehensive Plan Land Use Map – Key to Proposed Map Changes
Land Use Map Changes 3 6-27-16 rev1
Map
Location
#
2016 Proposals Changes by P&Z at
6-23-16
Worksession
Discussion Points Previous
Classifications in 2003 & 2013
with the exception of one
lot on SW corner of KSH and
Beaver Loop
2013 – Commercial both sides, two lots
deep
13. Mixed Use Mixed Use but
removes residential
area on both sides
of KSH south of
Strawberry Rd.
Mixed use designation
reduced south of Roes and
Strawberry to city limits.
Zoning currently Limited
Commercial along KSH and
Rural Residential
2003 – Neighborhood Commercial for
lots along KSH; Rural Residential
behind; no commercial south of
Strawberry Rd. either side
2013 – Mixed Use along KSH to city
limits.
14. See #13 above
15. General Commercial General Commercial 2003 – Neighborhood Commercial
2013 – Commercial – both sides with
Mixed Use on West side
16. Mixed Use Mixed Use Consistent with current
2003 Plan for Neighborhood
Commercial.
2003 – Neighborhood Commercial
2013 – Mixed Use
17. Low Density Residential Low Density
Residential
Applies LDR to
neighborhood including lots
along K-Beach Road.
2003 – Rural Residential
2013 – Rural Residential and Mixed Use
along K-Beach Road
18. PROS PROS Racetrack leasing KBP land.
Keep as “recreational” use
for now.
2003 – Rural Residential
2013 – Conservation
19. Low Density Residential Low Density
Residential
Privately owned; adjacent
to golf course.
2003 – Rural Residential
2013 – Conservation
Pa
g
e
50
of
42
0
2016 Kenai Comprehensive Plan Land Use Map – Key to Proposed Map Changes
Land Use Map Changes 4 6-27-16 rev1
Pa
g
e
51
of
42
0
C
o
o
k
Inlet
K e nai
Riv e r
Ac
c
e
s
s
Beaver Loop Rd
Kenai Spur
Hwy
Redoubt Dr
Fo
r
e
s
t
D
r
Strawberry
Rd
Bri
d
g
e
City of Kenai
Corporate Boundary
Map 7. Land Use Plan
0 1 20.5
Miles
2016
Data Source: City of Kenai Path: M:\Maps\CompPlan2016\KCP_Map07_FutureLandUsePlan_PZ Edits.mxd
Legend
Date: 7/8/2016
Suburban Residential
General Commercial
Central Commercial
Low Density Residential
Airport Industrial
Mixed Use
Industrial
Institutional
Parks, Recreation & Open Space
#1
#2
#3
#4
#5
#6
#7
#8
#9
#10
#11
#12
#13
#14
#15
#16
#17
#18
#19
Pa
g
e
52
of
42
0
Page 53 of 420
Page 54 of 420
Page 55 of 420
Page 56 of 420
Page 57 of 420
Page 58 of 420
Page 59 of 420
Page 60 of 420
Page 61 of 420
Page 62 of 420
Page 63 of 420
Page 64 of 420
Page 65 of 420
Page 66 of 420
Page 67 of 420
Page 68 of 420
Page 69 of 420
Page 70 of 420
Page 71 of 420
Page 72 of 420
Page 73 of 420
Page 74 of 420
Page 75 of 420
Page 76 of 420
Page 77 of 420
Page 78 of 420
Page 79 of 420
Page 80 of 420
Page 81 of 420
Page 82 of 420
Page 83 of 420
Imagine Kenai 2030
City of Kenai Comprehensive Plan
July 2016
City Council Public Hearing Draft
Page 84 of 420
Dear Citizens of Kenai:
On behalf of the Council of the City of Kenai, I am pleased to present to
you Imagine Kenai 2030, the 2016 update to the City of Kenai
Comprehensive Plan. This plan will guide Kenai in future years as we
strive to improve the quality of life, enhance the economic health of the
community, and continue to provide critical public services.
During recent years, Kenai has seen many changes, including new retail
outlets, improvements to water and sewer facilities, and an increase in
resource development. The Comprehensive Plan provides a guide for
future decisions that will help Kenai take advantage of future economic
opportunities while maintaining the high standard of life that we enjoy.
I would like to thank everyone who contributed in the effort to update the 2030 Imagine Kenai
Comprehensive Plan. Your input helped make the plan a relevant document that addresses current
and future needs of our community.
As part of the 2016 update process, there were seven opportunities between March and June 2016
to review the plan elements and to provide input to be considered in the update. In addition, the
2016 update utilized the draft 2013 Imagine Kenai, 2030 Comprehensive Plan as the basis for the
update. This update utilized the vision and direction of community residents which is reflected in
the goals and objectives including those carried forward from the draft 2013 plan. The plan also
acknowledges and addresses the importance of maintain livable existing residential neighborhoods
and vital commercial centers so that Kenai continues to be a great place to live, play, work and do
business. Economic development and the implementation of business‐friendly regulations and
incentives have also been incorporated into the update to, create a stable, positive climate for
private investment. The interest and involvement of our citizens in planning our future truly makes
Kenai a rewarding place to live.
The plan is organized into six chapters. The first four chapters provide background information
about comprehensive planning and the community. Chapter 5 provides the land use plan, and
Chapter 6 outlines the goals, objectives and action items of the plan. The objectives and action items
are included in a table format so that the implementation of the plan can be tracked in the future.
We look forward to working with agencies, organizations and Kenai citizens as we strive to make
the Comprehensive Plan a living document that responds to change and takes advantage of new
opportunities.
Pat Porter
Mayor of Kenai
Page 85 of 420
Imagine Kenai 2030
City of Kenai Comprehensive Plan
Table of Contents
Chapter 1: Introduction ................................................................................................................... 1
1.1 Purpose of Comprehensive Planning ................................................................................... 2
1.2 Goals of the Plan .......................................................................................................................... 2
1.3 How to Use this Plan ................................................................................................................... 3
Chapter 2: City of Kenai – Mission, Powers, Identity ............................................................. 5
2.1 Powers of the City ....................................................................................................................... 5
2.2 Planning and Zoning Commission ......................................................................................... 6
2.3 Context for Planning .................................................................................................................. 7
2.4 Kenai’s Identity ............................................................................................................................ 9
Chapter 3: Kenai’s Native Community ...................................................................................... 10
Chapter 4: Background Information ......................................................................................... 13
4.1 Settlement History .................................................................................................................... 13
4.2 Setting ........................................................................................................................................... 15
4.2.1 Climate and Environment ................................................................................................... 15
4.2.2 Natural Hazards ..................................................................................................................... 15
4.3 Population, Education and Housing ................................................................................... 21
4.3.1 Population ................................................................................................................................ 21
4.3.2 Education .................................................................................................................................. 23
4.3.3 Housing ..................................................................................................................................... 24
4.3.4 Energy Costs ............................................................................................................................ 25
4.4 Economy ....................................................................................................................................... 26
4.4.1 Employment and Income .................................................................................................... 27
4.4.2 Business Indicators............................................................................................................... 28
4.4.3 Oil and Gas Industry ............................................................................................................. 30
4.4.4 Fisheries and Seafood Processing ................................................................................... 32
4.4.5 Visitor Industry ...................................................................................................................... 33
4.5 Public Facilities and Services ................................................................................................ 34
4.5.1 Water and Sewer Systems .................................................................................................. 37
4.5.2 Public Safety ............................................................................................................................ 37
4.5.3 Transportation ....................................................................................................................... 37
Page 86 of 420
4.5.4 Parks and Recreation ........................................................................................................... 47
4.5.5 Senior Citizen Facilities and Services ............................................................................. 50
4.5.6 Kenai Community Library .................................................................................................. 52
4.5.7 Other Services ......................................................................................................................... 53
4.6 City of Kenai Finances .............................................................................................................. 54
4.6.1 Expenditures ........................................................................................................................... 54
4.6.2 Revenues .................................................................................................................................. 55
4.7 Forecast of Economy, Population and Housing Demand ............................................ 55
Chapter 5: Land Use Plan ............................................................................................................... 57
5.1 Land Use Classifications and Land Use Maps .................................................................. 57
5.2 Existing Land Use and Ownership Patterns ..................................................................... 60
5.2.1 Challenges and Opportunities ........................................................................................... 61
5.3 Land Ownership ........................................................................................................................ 64
5.3.1 Suitability for Development .............................................................................................. 64
5.4 Land Use Classifications ......................................................................................................... 66
5.1.1 Commercial Land Uses ......................................................................................................... 66
5.4.1.1 Millennium Square ............................................................................................................ 67
5.4.1.2 Kenai Townsite Historic District .................................................................................. 67
5.4.2 Mixed Use ................................................................................................................................. 69
5.4.3 Residential Land Uses .......................................................................................................... 69
5.4.4 Industrial Land Use ............................................................................................................... 70
5.4.5 Institutional Land Uses ........................................................................................................ 72
5.4.6 Parks, Recreation and Open Space Land Uses ............................................................. 72
Chapter 6: Goals, Objectives, and Implementation .............................................................. 74
6.1 Introduction and Framework for the Future .................................................................. 74
6.2 Goal 1 – Quality of Life ............................................................................................................. 75
6.3 Goal 2 – Economic Development .......................................................................................... 76
6.4 Goal 3 – Land Use ....................................................................................................................... 77
6.5 Goal 4 – Public Improvements and Services .................................................................... 79
6.6 Goal 5 – Transportation .......................................................................................................... 80
6.7 Goal 6 – Parks and Recreation .............................................................................................. 81
6.8 Goal 7 – Natural Hazards ........................................................................................................ 82
6.9 Goal 8 Environmental Resources ........................................................................................ 83
6.10 Implementation ...................................................................................................................... 84
References ......................................................................................................................................... 85
Page 87 of 420
Appendix A: 2013 Draft Comprehensive Plan ....................................................................... 90
Appendix B: 2016 Kenai Comprehensive Plan Update Community Outreach ........... 91
Page 88 of 420
Acknowledgements
Kenai City Council
Pat Porter, Mayor Ryan Marquis*
Robert Molloy Tim Navarre
Brian Gabriel, Vice Mayor Terry Bookey
Mike Boyle Joe Moore*
Student Representatives: Hannah Drury Austin Daly* Hannah Coffman*
Planning and Zoning Commission
Jeff Twait, Chair Henry Knackstedt*
Diane Fikes, Vice Chair Robert Springer
Glenese Pettey James Glendening
Patrick “Jack” Focose Kenneth Peterson
Clifford Smith* Jake Arness* Brendyn Shiflea*
Phil Bryson* James Rowell*
Karen Koester* Kurt Rogers*
Tim Navarre* Scott Romain*
Consultants
Benson Planning Associates
Glenn Gray & Associates Bechtol Planning & Development
Alaska Map Company
Citizens of Kenai
The contribution of Kenai citizens who provided input to this plan at public meetings, by completing surveys and
submitting comments is gratefully acknowledged. Special thanks to Dr. Alan Boraas for his additions to the
settlement history and to Joe Moore for his review of the fisheries section.
*Former council members, commission members and staff
Page 89 of 420
City Administration
Rick Koch, City Manager
Christine Cunningham, Assistant to the City Manager
Marilyn Kebschull*
Matthew Kelley, City Planner
Nancy Carver, Planning and Zoning Assistant
Sandra Modigh, City Clerk
Corene Hall, Deputy City Clerk
Scott Bloom, City Attorney
Krista Stearns, former City Attorney*
Sean Wedemeyer, Capital Projects, Public Works Director
Terry Eubank, Finance Director
Gus Sandahl, Chief, Police Department
Mike Tilly, Chief, Fire Department
Mary Bondurant, Airport Manager
Mary Jo Joiner, Kenai Community Library
Rachel Craig, Kenai Senior Center
Bob Frates, Parks and Recreation Director
Kevin Lyon, Manager Capital Projects, Public Works Director*
Copies Available from:
City of Kenai Planning Administration, 210 Fidalgo Avenue, Kenai, AK 99611‐7794 Phone: (907) 283‐8235
Online: http://www.ci.kenai.ak.us
Photo credits: Nancy Carver, Glenn Gray and Eileen Bechtol
Page 90 of 420
2016 City Kenai Comprehensive Plan 1 July 2016
Public Hearing Draft
Chapter 1: Introduction
The 2016 City of Kenai Comprehensive Plan (Plan) updates the City’s 2003 Plan, includes revisions adopted from 2011-2013 and incorporates much of the information developed during the Draft
2013 Your City, Your Plan effort. The Plan guides development in the community and provides important information about the population, environment, economy, transportation, and land use. The City of Kenai 1 is located within the Kenai Peninsula Borough on the west side of the Kenai Peninsula (Map 1). The City shares planning functions with the Kenai Peninsula Borough (Borough). While the Borough retains authority for ultimate planning powers, it has delegated authority to the City to adopt land use plans and to enact and enforce zoning and land use regulations. Zoning involves designation of different types of land use districts that govern how land can be used. The Plan must be adopted by both the City of Kenai and the Borough. The Kenai Peninsula Borough retains platting authority and record keeping, which includes approval of plats that indicate the location, boundaries and ownership of properties. The remainder of this introduction explains the purpose of comprehensive planning followed by a description of how the 2016 Comprehensive Plan is organized.
1 Throughout the plan, the City of Kenai is referred to as Kenai or the City.
Page 91 of 420
2016 City Kenai Comprehensive Plan 2 July 2016
Public Hearing Draft
1.1 Purpose of Comprehensive Planning The comprehensive plan serves several purposes. Fulfills Legal Obligations. Alaskan communities must have an adopted comprehensive plan before they may adopt land use regulations such as a zoning ordinance. Increasingly, state and federal agencies require a plan as a condition of receiving grants. Provides a Vision of the Future. The plan contains long-range goals, objectives, and policies that describe how, where, and in what manner physical development of the community will occur. The plan contains a map depicting intended land use by both type and location. The plan also links together physical development with considerations about social needs and economic development. Serves as a Decision-Making Tool. The plan is a guide for decision-making by both appointed and elected officials. Promotes and Supports Economic Development. The process for creating, adopting, and implementing the comprehensive plan allows Kenai residents and decision-makers to examine alternatives and choose courses of action that can promote employment and economic well-being. Serves a Coordinating Function. The plan provides an opportunity to coordinate a wide range of municipal activities, such as land use, utilities, recreation, and transportation.
1.2 Goals of the Plan This section presents the 8 general goals of the plan that have been carried forward from the Draft 2013 Plan. Chapter 6 includes the details on goals and objectives. Goals are broad statements of the City’s long-term desired outcomes. Objectives are “operational” guidelines used to determine whether a proposed project or program advances community values expressed in the goals.
Goal 1 - Quality of Life: Promote and encourage quality of life elements in Kenai.
Goal 2 - Economic Development:
Kenai City Hall
Page 92 of 420
2016 City Kenai Comprehensive Plan 3 July 2016
Public Hearing Draft
Provide economic development elements to support the fiscal health of the community.
Goal 3 - Land Use: Use land use strategies to implement a forward-looking approach to community growth and development.
Goal 4 - Public Improvements and Services: Provide adequate public improvements and services in Kenai.
Goal 5 – Transportation: Provide transportation systems that are efficient and adequate to serve the regional needs of the community.
Goal 6 – Parks and Recreation: Ensure that Kenai has excellent parks and recreational facilities and opportunities.
Goal 7 - Natural Hazards and Disasters: Prepare and protect the citizens of Kenai from natural hazards and disasters.
Goal 8 – Environmental Resources: Protect and enhance the natural resources and environment of the community. Public participation in 2013 helped shape these original goals to reflect the vision and direction of the community’s residents. Information from the 2013 plan process was reviewed and incorporated as appropriate in the 2016 update. Appendix A, includes the link to the City of Kenai Website which contains the draft 2013 2013 City of Kenai Comprehensive Plan. As part of the 2016 update process, there were multiple opportunities between March and June 2016 to review the goals as well as all the other plan elements and to provide input to be considered in the update. See Appendix B for the 2016 public outreach town hall meeting information.
Page 93 of 420
2016 City Kenai Comprehensive Plan 4 July 2016
Public Hearing Draft
1.3 How to Use this Plan This plan provides a guide for implementation of the City of Kenai’s planning and zoning responsibilities and its role in improving the quality of life for its citizens. Flexibility in implementation of the plan is necessary to take advantage of new opportunities and unforeseen circumstances. Plan implementation means to take action to realize the proposed planning goals and objectives. Implementation measures can range from revised city land ordinances and regulations to broad policy initiatives to capital improvements and upgraded city services. The Plan is organized into six chapters.
• Chapters 1 – 4 provide introductory material and the context for the goals and objectives.
• Chapter 5 describes the land use classifications and includes the land use map.
• Chapter 6 describes the goals and objectives that form the basis for the land use plan and implementation. The references at the end of the plan identify studies, reports and other sources of information, and the appendices provide useful additional information.
Kenai’s Community Identity
The City of Kenai’s name and City logo signify a unique and distinctive
community with Dena’ina and Russian roots, world-class recreational
fishing, offshore energy resources, and spectacular mountain vistas.
Kenai earned status as an All-America City in 1992 and 2011.
Kenai’s motto – “Village with a past – City with a future” – affirms the
community’s appreciation for its colorful history and its ambitions for tomorrow.
Page 94 of 420
2016 City Kenai Comprehensive Plan 5 July 2016
Public Hearing Draft
Chapter 2: City of Kenai – Mission, Powers, Identity Kenai is located at the mouth of the Kenai River on the west side of the Kenai Peninsula. Kenai incorporated as a home rule city in 1960, and it became part of the Kenai Peninsula Borough when the Borough incorporated in 1964. The City of Kenai adopted the council-manager form of government in 1963 and has been operating under this form since that time. The Council sets the overall policy for the City. The City Manager provides day-to-day management. The Council, which consists of the Mayor and six council members, is elected at large and on a non-partisan basis. A Kenai Central High School student serves in an advisory capacity and casts an advisory vote. In addition to the City Manager’s office, other departments include Finance, Legal, Clerk, Public Works, Airport, Police, Fire, Animal Control, Parks and Recreation, Library, Senior Services, and Planning. The remainder of this Chapter provides information on city powers, the Planning and Zoning Commission, and the context for planning.
2.1 Powers of the City As a home-rule city, Kenai may exercise all legislative powers not prohibited by law or charter as provided by Title 29 of the Alaska Statutes. Except as otherwise provided in the city’s Charter, all powers of the City, including determination of all matters of policy, are vested in the City Council. The City of Kenai provides a variety of services to its residents, including road construction and maintenance, port and harbor facilities, police and fire protection, emergency medical services, water and sewer utilities, airport, parks and recreation, library, senior services, and animal control. As a second-class borough under Title 29 of the Alaska statutes, the Kenai Peninsula Borough provides for planning, platting, and land use regulation. Title 29 provides that the Borough may delegate any of its powers and duties to a city. In June 1984,2 the Kenai Peninsula Borough delegated zoning powers to the City of Kenai and in May 1990,3 the Borough delegated authority to the City to enact land use plan amendments to the comprehensive plan. 2 Kenai Peninsula Borough Ordinance 84-40. 3 Kenai Peninsula Borough Ordinance 90-31.
City of Kenai Mission Statement
To serve the citizens of Kenai through listening and
leading; to promote growth and continually improve
services by balancing the wishes of the community with
responsible management.
Page 95 of 420
2016 City Kenai Comprehensive Plan 6 July 2016
Public Hearing Draft
With this delegation, the City of Kenai assumed the authority to enact and enforce zoning and land use regulations and to adopt a comprehensive plan. The Borough must adopt the city’s comprehensive plan and any major amendments to it. The Borough retains ultimate planning and platting authority (i.e., the approval of land subdivisions) after review and recommendation by the City of Kenai Planning and Zoning Commission.
2.2 Planning and Zoning Commission Title 14 of the Kenai Municipal Code assigns several key planning functions to the 7-member Planning and Zoning Commission. Planning and Zoning Commission duties are to:
• Assist with preparation of, reviewing, and approving the City’s comprehensive plan and other local plans; and,
• Interpret and administer the zoning and subdivision code, which includes the approval/disapproval of conditional use permit and variance applications. The Commission advises the City Council on:
• Recommendations on plan adoption, plan amendments, and rezones to the City Council;
• Amendments to the Zoning Code and Map;
• Capital Improvement Plans;
• Petitions for lease or sale of city and airport land; and
• Propose plans for rehabilitation or redevelopment of areas within the city. The Commission advises the Kenai Peninsula Borough Planning Commission on:
• City of Kenai Comprehensive Plan amendments;
• Rezones of land;
• Proposed subdivision plats; and,
• Petitions for right-of-way and easement vacations. City staff supports the Planning and Zoning Commission by providing services in the areas of planning, zoning, historic preservation, code enforcement, land management, and geographic information services (GIS). Staff also acts as liaison to the Planning and Zoning Commission.
April 2011 Public Meeting on Comprehensive Plan
Page 96 of 420
2016 City Kenai Comprehensive Plan 7 July 2016
Public Hearing Draft
2.3 Context for Planning The City of Kenai has a long history of planning its future development. The first Comprehensive Plan developed in 1962 has been updated or revised six times including the 2011-2013 revision. Table 1 lists each plan revision since 1962, including efforts that were not adopted.
Table 1: Previous Comprehensive Plans
Year Main Features of the Plan 1962 Kenai’s first plan was prepared shortly after the City incorporated in 1960 with 778 residents. At that time, most development was clustered around Old Kenai. The oil and gas industry was in its infancy and optimism abounded. The City was growing rapidly, and population was forecast to reach 13,350 by 1980. The plan stressed land development and basic infrastructure and proposed Kenai’s first planning ordinances. 1965 The transfer of the airport from the federal government to City ownership in 1963 prompted an update of the 1962 plan. The new plan proposed development of a major new public office and commercial district on surplus airport property in central Kenai, creation of a historic district for Old Kenai, a Kenai River bridge, a new regional jetport south of the river, and a Northwest Coastal Highway to a Turnagain Arm Crossing. This plan assumed a scaled-down forecast of 5,275 residents by 1980. 1980 Kenai saw several boom-bust cycles during the 1960s and 1970s. The 1980s plan was prepared after the Trans-Alaska Pipeline System (TAPS) construction boom and after several offshore oil and gas lease sales in Cook Inlet. It forecast 6,140 residents by 1990, plus another 4,530 persons if there were significant new oil and gas discoveries. In response to Kenai’s sprawling growth, the plan emphasized central business district development and the emergence of distinctive residential neighborhoods. Reflecting the spirit of its time, this plan presupposed an activist city government and stressed environmental considerations. 1992 (rev 1996) After the mid-1980s recession, Kenai geared down its growth and development expectations. This plan assumed a year 2000 population of 8,150 persons. Reviving the local economy was a major planning goal. Ambitious development projects gave way to incremental improvements to city infrastructure, better planning administration and management of the City’s land base. 2003 The 2003 plan responded to a changing economy characterized by a period of slow growth, a diminishing role of commercial fisheries and a declining oil and gas industry. The plan included provisions to revitalize the city center and develop the Millennium Square property. The plan included an estimated growth rate of 25% by 2025. 2013 Draft Imagine Kenai 2030 prepared as an update to the 2003 plan. Plan included updated socioeconomic information, revised goals and objectives, and new land use recommendations. The plan was approved by the P&Z Commission and City council but was defeated by voters in a ballot measure in 2014.
The 2016 plan builds upon information gathered from previous planning efforts by the city and borough (Table 2). To the extent feasible and appropriate, the 2016 plan uses the relevant information from the 2013 draft plan and existing 2003 plan. A full citation for the plans listed in Table 2 can be found in the references section.
Page 97 of 420
2016 City Kenai Comprehensive Plan 8 July 2016
Public Hearing Draft
Table 2: Documents Related to the Comprehensive Plan
Planning Document Year Entity Kenai Municipal Airport Master Plan 2016 City of Kenai & Airport Commission Draft City of Kenai All Hazards Mitigation Plan 2016 City of Kenai Draft Parks and Recreation Study 2011 City of Kenai Draft City of Kenai Trails Plan 2011 City of Kenai, Casey Planning & Design City of Kenai Annex to the Kenai Peninsula Borough Local All Hazard Mitigation Plan 2010 City of Kenai Kenai Peninsula Borough Comprehensive Economic Development Strategy 2010 Kenai Peninsula Economic Development District Kenai Peninsula Borough Coastal Management Plan* 2008 Kenai Peninsula Borough Kenai Municipal Airport Supplemental Planning Assessment 2007 City of Kenai Kenai Economic Development Strategy 2006 City of Kenai with AmeriCorps VISTA Kenai Peninsula Borough Comprehensive Plan 2005 Kenai Peninsula Borough Kenai Wastewater Facility Master Plan 2004 City of Kenai Kenai Comprehensive Plan 2003 City of Kenai with Kevin Waring Associates Kenai Peninsula Borough Transportation Plan 2003 HDR Alaska, Inc. in association with Kittelson & Associates Kenai Area Plan 2001 Alaska Department of Natural Resources Kenai Peninsula Borough Trail Plan 1998 Kenai Peninsula Borough Kenai River Comprehensive Management Plan 1998 Alaska Department of Natural Resources Kenai Municipal Airport Master Plan 1997 City of Kenai Kenai Municipal Airport Master Plan Update ** 2016 City of Kenai City of Kenai All Hazard Mitigation Plan 2016 In-progress Kenai Outdoor Opportunity Location Committee Feasibility Report 2016 City of Kenai *The Kenai Peninsula Borough Coastal Management Plan is no longer enforceable because the Alaska Coastal Management Plan terminated on July 1, 2011. **An update of the Airport Master Plan began in 2011. There are a number of social, economic and geographic characteristics that make the city a desirable place to live, work and play.
• The City of Kenai lies within a rich natural setting above the Kenai River overlooking Cook Inlet, with views of Redoubt and Iliamna volcanoes and the distant Chigmit Mountains.
• Physical development patterns are logical, given physical constraints such as undevelopable wetlands.
• A variety of land types is available for future growth.
• The local economy is diversified, there is a well-qualified work force, and wages are competitive.
• The city government is in excellent financial condition.
• Residents enjoy a choice of residential neighborhoods and lifestyles.
Page 98 of 420
2016 City Kenai Comprehensive Plan 9 July 2016
Public Hearing Draft
• Basic public facilities and services are in good condition and provided at levels acceptable to most residents. A variety of world-class outdoor recreation opportunities are available to residents and visitors, including the Kenai River, Cook Inlet, State lands, and Kenai National Wildlife Refuge.
2.4 Kenai’s Identity The City of Kenai’s name and City logo signify a unique and distinctive community with Dena’ina and Russian roots, world-class recreational fishing, offshore energy resource development, and spectacular mountain vistas. Kenai earned status as an All-America City in 1992 and 2011.
Kenai’s motto – “Village with a past – City with a future” – affirms
the community’s appreciation for its colorful history and its
ambitions for tomorrow. As the City of Kenai has matured, its challenges have changed. In the 1960s, 1970s, and early 1980s, Kenai struggled to keep pace with headlong growth as it became the Kenai Peninsula’s most populous city. The development priority then was to develop new subdivisions and basic infrastructure for new residents. Today, more moderate growth of the population and economy provides an opportunity for the City to continue improving the quality of life for its citizens and a positive experience for its visitors. Following a national trend, the community’s demographics have resulted in a decrease in students and an increase in the numbers of senior citizens. An increase in education attainment and reasonable wages make Kenai a desirable location for new businesses. In recent years, the community has continued its role as a center for commerce with the addition of several large retail stores. While the local economy was affected by the closure of the Agrium fertilizer plant in 2008 and Lowes in 2011, the City is well-positioned to take advantage of new opportunities that arise from the significant increases in the estimated reserves for oil and gas in the region. As well, the City’s location and services provide opportunities for growth as a center for the visitor industry.
Page 99 of 420
2016 City Kenai Comprehensive Plan 10 July 2016
Public Hearing Draft
Chapter 3: Kenai’s Native Community Alaska Natives have lived on the Kenai Peninsula long before written history. Today, Alaskan Native people continue to practice their rich cultural traditions and provide considerable economic and social benefits to the region. The federally-recognized Kenaitze and Salamatof tribes are governed by separate Tribal Councils, and both Tribes maintain offices in the City of Kenai. In addition to the Tribes, the Kenai Natives Association and the Salamatof Native Corporation, organized under the 1971 Alaska Native Claims Settlement Act (ANCSA), operate in the City. Both the Salamatof and Kenaitze people are Dena’ina, a branch of Athabascan Indians that occupy Southcentral Alaska. Unlike other Athabascans, the Dena’ina traditionally lived close to marine waters, and their name for Cook Inlet is Tikahtnu ("Big Water River") or Nuti ("Saltwater"). The traditional language, also called Dena’ina, is one of eleven Athabascan languages in Alaska. Today the Kenaitze Tribe is undertaking efforts to revitalize the Dena’ina language.
Kenaitze Indian Tribe: The Kenaitze Indian Tribe is recognized by the federal government under the Indian Reorganization Act (IRA) of 1934 (as amended for Alaska in 1936).4 Many of the Tribe’s 1,236 members live on the Kenai Peninsula. An elected Executive Council governs the Tribe in accordance with the Tribe’s constitution, bylaws, ordinances, and resolutions. As the tenth largest employer in the region, with over 100 employees, the Tribe generates a significant part of the local economy. It manages environmental, health, social, cultural, and educational programs. It manages the Dena’ina Health Clinic, the Dena’ina Dental Clinic and the Nakenu Family Center in Kenai. During 2012, the Tribe began construction of a health and wellness center in Old Town that will consolidate health programs at one site. In addition to health, educational and cultural programs, the Kenaitze Tribe operates a subsistence fishing net and distributes salmon among tribal members. 4 The Kenaitze Indian Tribe is on the list of federally-recognized tribes which means it is recognized as having a government-to-government relationship with the United States and that it is eligible to receive funding and services from the Bureau of Indian Affairs (Bureau of Indian Affairs 2010 and 2012).
Page 100 of 420
2016 City Kenai Comprehensive Plan 11 July 2016
Public Hearing Draft
The Kenaitze Indian Tribe operates a Tribal Court under its sovereign authority and under the oversight of the elected Tribal Council. The Court consists of a panel of judges appointed by the Tribal Council, and the Court selects a Chief Judge. The Tribal Court Code outlines the structure and procedures of the Court. During meetings on the Comprehensive Plan revision, representatives from the Kenaitze Indian Tribe expressed an interest in developing maps and signage to reflect traditional place names. The Kenaitze Indian Tribe is investigating ways to fund this initiative.
Salamatof Tribe: The Salamatof Tribal Council maintains an office in Kenai. The Council represents the federally-recognized Salamatof Tribe. The unincorporated village of Salamatof is located just north of the City of Kenai.
Native Corporations: The Alaska Native Claims Settlement Act (ANCSA) of 1971 established regional and local Native Corporations which received entitlement to 44 million acres of land and $963 million. The Cook Inlet Regional Corporation (CIRI) is one of the 12 land-based regional Native corporations established by ANCSA.5 CIRI has over 7,300 shareholders and has business operations and investments in energy and resource development, oilfield and construction services, environmental and remediation services, real estate, tourism, telecommunications, and private equity and venture capital investments. The Corporation manages land granted under ANCSA, and it retains subsurface rights for lands granted to local corporations in the region. The Kenai Natives Association (KNA), designated as an urban Native corporation under ANCSA, had 560 members in February 2012. KNA received entitlement to 23,000 acres of land which included 4,000 acres of land at the former Wildwood Air Force Base and land within the Kenai National Wildlife Refuge. About 400 acres of land were sold to the State of Alaska in 1992 for the Wildwood Correctional Center. In the late 1990s, KNA received 5 acres in Old Town Kenai which was the site of the original headquarters for the Kenai National Moose Range.6 Also in the late 1990s, the Exxon Valdez Oil Spill Trustee Council purchased land along the Kenai River for protection, and the boundaries of the Kenai Wildlife Refuge were moved to exclude KNA lands. 5 A 13th corporation exists for Alaska Native people living outside of Alaska when ANCSA was passed. 6 The Kenai National Moose Range eventually became the Kenai National Wildlife Refuge.
Page 101 of 420
2016 City Kenai Comprehensive Plan 12 July 2016
Public Hearing Draft
Amendments to the refuge boundaries allowed KNA land to be developed. Today, KNA sells sand and gravel and manages its real estate. The Salamatof Native Corporation is the village corporation for the Salamatof people established under ANCSA. The majority of shareholders of the corporation reside on the Kenai Peninsula including in the unincorporated village of Salamatof. The corporation received money under ANCSA but no land. Today, its business ventures consist of real estate and land development.
Native Allotments: The Alaska Native Allotment Act of 1906 provided Alaska Natives with the ability to obtain title of land up to 160 acres. There are a few Native allotments in the City of Kenai, and uses within these allotments are generally not subject to the City’s land use regulations and zoning.
Page 102 of 420
2016 City Kenai Comprehensive Plan 13 July 2016
Public Hearing Draft
Chapter 4: Background Information
The information in this chapter provides background for the land use plan (Chapter 5) and the goals and objectives (Chapter 6). The chapter begins with a summary of the community’s history and setting. It continues with information about socioeconomic conditions and city facilities and services. The chapter concludes with a forecast of future population and demands for housing and services.
4.1 Settlement History Kenai’s motto, “Village with a past, City with a future,” reflects the link between the community’s long and rich history and its opportunities for sustainable growth and development. Kenai’s past has shaped its present. Its settlement history provides a strong cultural foundation and the physical pattern of growth that remains today.
Buildings at Historic Townsite from the Early Community Building Era The Dena’ina people lived in the region long before the first Russian explorers arrived in Alaska in 1741. While they do not measure their history in years, the Dena’ina people say they have lived in the area since time immemorial, a period that is beyond the reach of memory or record. When the first Russians arrived, there was a thriving Dena’ina Athabascan Indian Village on the high bluff overlooking Cook Inlet near the mouth of the Kenai River. At that time, about 1,500 Dena’ina lived in the Kenai River drainage with several hundred in the village of Shk’ituk’t on the bluff above the Kenai River mouth. The local Dena’ina people originally called themselves Kahtnuht’ana - “People of the Kenai River” (Kahtnu). The Russians, however, called them Kenaitze from the Dena’ina stem “ken,” which refers to flat land meaning the wave cut terrace Kenai is built on, and the Russian “-itze,” which means “people of.” So, Kenaitze means “people of the flat land.”
Page 103 of 420
2016 City Kenai Comprehensive Plan 14 July 2016
Public Hearing Draft
The Dena’ina called the Russians “Tahdna” which means “underwater people” from the image of their ships coming up Cook Inlet which, viewed from afar, looked like the ship was emerging from underwater. The Russians built Fort (Redoubt) St. Nicholas at Kenai in 1791, the fifth Russian post in Alaska. The fort was an outpost for trading fish and furs. The log walls and blockhouses were built by the Russians as part of Redoubt St. Nicholas. By the time British Explorer Captain George Vancouver visited in 1794, about 40 Russians occupied the outpost. The Russian Orthodox religion took root, and Kenai’s oldest buildings are Orthodox-related: A log rectory (1886), the Holy Assumption of the Virgin Mary Russian Orthodox Church (1895), and the nearby log chapel (1906). The United States established Fort Kenay in 1869 two years after the Alaska purchase. Most of the Russian buildings were in disrepair by the time the American Army took over, and the post was abandoned in 1871. Commercial salmon canneries became a significant economic factor in the late 1800s. The first cannery at Kenai, the Northern Packing Company, was established in 1888. From then on at least one and often two or three canneries operated at the Kenai River mouth. As the community evolved, residents constructed new infrastructure and adapted to a changing economy. A post office was established in 1899. During the 1920s, commercial fishing and fish processing became important local industries. Opportunities for homesteading in the 1940s led to further development. The first road connecting Anchorage and Kenai, opened in 1951, provided access that helped expand the community. The Wildwood Army Base, built north of Kenai in 1953, was later converted to an Air Force base. During the Cold War, it served as a communications and Russian surveillance base. With Alaska’s first major oil strike in 1957 at the nearby Swanson River, a new economy took root. The City of Kenai incorporated in 1960, and offshore oil was discovered in Cook Inlet in 1965. Today’s economy reflects the importance of the fishing, oil and gas, tourism, and service industries.
Assumption of the Virgin Mary Russian Orthodox Church
Page 104 of 420
2016 City Kenai Comprehensive Plan 15 July 2016
Public Hearing Draft
4.2 Setting Kenai is centrally located on the western Kenai Peninsula in Southcentral Alaska, about 65 air miles (160 miles by road) southwest of Anchorage and 1,350 miles northwest of Seattle. Kenai is as far west as Hawaii and about the same latitude as Oslo, Norway or Stockholm, Sweden. The original community has expanded with commercial development along the Kenai Spur Highway and residential neighborhoods throughout the developable areas of the City. The city center is located about 11 miles west of Soldotna and the Sterling Highway, Kenai’s overland link to Anchorage and Homer. Most persons and goods travel to and from Kenai over these two state-maintained highways. The Kenai Municipal Airport, the Kenai Peninsula’s only major airport, provides regional passenger and air cargo service with connecting service through Anchorage to other cities in Alaska and beyond. Kenai’s scenic setting amid diverse natural resources is a pervasive part of local daily life and an important economic and recreational asset. The Kenai River is a world-famous sport fishing destination that is especially known for its king salmon and river recreation opportunities. The Kenai River estuary, wetlands, and nearby uplands provide vital habitat for diverse fish and wildlife. A number of rivers in the City support anadromous fish (Alaska Department of Fish and Game 2012).7 Cook Inlet also supports important recreational and commercial fisheries, abundant marine life, and important oil and gas resources. The nearby Kenai National Wildlife Refuge offers year-round recreational opportunities.
4.2.1 Climate and Environment Kenai’s northern climate is tempered by Cook Inlet to the west and the Kenai Mountain Range to the south and east. Summer temperatures typically range from 46 to 65 degrees Fahrenheit (°F), and winter temperatures from 4 to 22 °F. Average annual precipitation is 20 inches. A drying trend has accelerated since the 1970’s resulting in some drying of wetlands and muskegs and the disappearance of kettle ponds and lower lake levels (U.S. Fish and Wildlife Service 2012a and 2012b). In addition, trees are now growing at higher altitudes.
4.2.2 Natural Hazards Natural hazards are natural events that could cause injury, property damage, business disruption, or environmental impact. They can include geological and meteorological phenomena such as earthquakes, coastal erosion, and volcanic eruption. Biological hazards can refer to a diverse array 7 The Anadromous Fish Catalog may be viewed at the following website: http://www.adfg.alaska.gov/sf/SARR/AWC/index.cfm?adfg=maps.interactive
Page 105 of 420
2016 City Kenai Comprehensive Plan 16 July 2016
Public Hearing Draft
of disease and infestation. Other natural hazards such as floods and wildfires can result from a combination of geological, hydrological, and climatic factors. There are natural hazards that may affect the City of Kenai to various degrees. In 2010, the City of Kenai completed an Annex to the Kenai Peninsula Borough Local All Hazard Mitigation Plan. This plan was approved by the Federal Emergency Management Agency in 2011.8 In March-April 2016, the City of Kenai administration made revisions to the plan and submitted the updated version for review to the Planning & Zoning Commission and was approved the plan by Resolution PZ16-06 on April 13, 2016. The 2016 Kenai Peninsula Borough All-Hazard Mitigation Plan – Annex C (2016 KPBHMP-AnnexC) describes risks of hazards, facilities vulnerable to a disaster and a mitigation strategy to reduce potential losses. Hazards with high risks include flooding, wildfire, earthquake, weather, and erosion. Hazards with medium risks include volcanoes, and hazards with low risks include tsunamis. The plan includes a vulnerability assessment for city facilities and infrastructure. Table 3 lists whether or not the hazard is present in Kenai (identification) and gives a probability of occurrence (risk).
Table 3: Hazard Identification & Risk Matrix
Flood Wildland Fire Earthquake Volcano Snow Avalanche Tsunami &
Seiche Y/H Y/H Y/H Y/M N Y/L
Weather Landslide Erosion Drought Technological Economic Y/H N/L Y/H U/L U/L U/L
Hazard Identification: Y: Hazard is present in jurisdiction but probability unknown N: Hazard is not present U: Unknown if the hazard occurs in the jurisdiction Risk: L: Hazard is present with a low probability of occurrence M: Hazard is present with a moderate probability of occurrence H: Hazard is present with a high probability of occurrence
8 The Disaster Mitigation Act of 2000 requires local governments to adopt a hazard mitigation plans as a condition for receiving federal disaster mitigation funds including elevation, acquisition, and relocation of hazard threatened structures.
Kenai’s high-risk hazards include: Floods, wildfire, earthquakes, weather, and erosion.
Page 106 of 420
2016 City Kenai Comprehensive Plan 17 July 2016
Public Hearing Draft
Flooding: Like other communities in the Kenai Peninsula Borough, the city is susceptible to different types of flood hazards. With about 2,840 acres of the Kenai River basin considered as floodplain, low lying areas within the City are susceptible to flood and erosion hazards. Floodplain is defined by the Federal Emergency Management Agency (FEMA) as land adjacent to a lake, river, stream, estuary, or other water body that is subject to flooding. There are parcels inside the city limits that have been designated by the FEMA Flood Insurance Rate Maps (FIRM) in zones A and V. FIRM refers to the official maps adopted by the FEMA on which the flood insurance administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. The City does not regulate development in the floodplain and does not participate in the National Flood Insurance Program (NFIP). Lands inside the city are primarily located within the HMP North Zone and Central Zone. Critical areas and facilities susceptible to flooding in North Zone communities include docking facilities and bridges, such as the City Dock, the North Kenai refinery dock, private mooring facilities, and the Warren Ames Bridge (Kenai River Mile 5) and Swanson River Bridge (Mile 38.4 Kenai Spur Highway). There are a total of 296 (tax) parcels (approximately 4,011 acres) valued at over $70million, which are within or intersect the lower 12.5 miles of the Kenai River’s mapped 100-year floodplain located inside the city. The total assessed value of homes and other improvements on the 137 developed parcels is over $33million (2016 KPBHMP-Annex C). The City continues to cooperate with the KPB, landowners, and developers to enact and enforce a 50-foot setback of items on property adjacent to waterways. Kenai River Overlay mandates a 50 foot building setback from the mean high water line of the Kenai River. KPB regulations for development in this area meet the objective to minimize damage in the event of a flood.
Erosion: In addition to riverine flood hazards, property located adjacent to Cook Inlet is susceptible to erosion, high tides, and storm surge-wave run up. Riverine and coastal erosion occur in Kenai. Coastal erosion encompasses bluff and beach erosion while riverine erosion will be considered synonymous for stream erosion, stream bank erosion and riverbank erosion. The 2016 KPBHMP-Annex C discusses the differences between erosion and coastal erosion in more detail. Eroding bluffs along the Kenai River and Cook Inlet pose the greatest erosion risk to the community (City of Kenai 2010). Bluff erosion above the Kenai River threatens housing and facilities such as the Kenai Senior Center and Congregate Housing (Vintage Pointe Manor). These facilities and the Wastewater Treatment Plant are more vulnerable to erosion damage than the remainder of City facilities. An average erosion rate of 3 feet per year has been estimated after comparing aerial photographs over a 50-year period. Figure 1 illustrates erosion rates as of 2011.
Page 107 of 420
2016 City Kenai Comprehensive Plan 18 July 2016
Public Hearing Draft
Figure 1: Past & Future Projected Erosion Rates
Source: U.S. Army Corps of Engineers 2011 After years of studies, the City of Kenai is planning a Bluff Stabilization Project that will stop the erosion process along the Kenai River in the downtown area. The US Army Corps of Engineers (Corps) is completing a multi-million-dollar study and the engineering for this project. The City of Kenai has received appropriations in the amount approximately $4,000,000 from the State of Alaska for this project. On May 4th and 5th, 2016 the Corps held a two-day Planning Charrette to reevaluate the scope and costs of the proposed Kenai Bluffs Stabilization Section 116 Feasibility Study. The City has appropriated $585,000 thus far for the project in funding to the Corps to complete the study. It is anticipated that the Corps will finish the final feasibility study by August 2017. Other forms of erosion such as natural bank erosion can be found in Kenai. Natural bank erosion along the Kenai River is aggravated by boat wakes. A 1997 study found that areas of the river without boat traffic resulted in about 75% less erosion than in areas of the river with high boat traffic (Dorava and Moore 1997). The Kenai Peninsula Borough Don E. Gilman River Center (River Center) houses multiple agencies that regulate activities and development in and along the Kenai River. Working together, these agencies have made great strides towards addressing erosion. Publications by the River Center provide guidance for addressing riverine erosion (Czarnezki and Yaeger 2007) and coastal erosion (Smith and Williams 2010). Plus, the 2008 Kenai Peninsula Borough Coastal Management Plan included designations for erosion-prone areas in the City of Kenai along the river (Kenai Peninsula Borough 2008a).
Coastal Storms: From the fall through the spring, low pressure systems either develop in the Bering Sea or Gulf of Alaska or are brought to the region by wind systems in the upper atmosphere that tend to steer storms in the north Pacific Ocean toward Alaska. When these storms impact the coastal areas and shoreline, they often bring wide swathes of high winds and occasionally cause coastal flooding and erosion.
Page 108 of 420
2016 City Kenai Comprehensive Plan 19 July 2016
Public Hearing Draft
Fierce storm conditions do not have to be present to cause damage. According to the 2016 HMP, the City of Kenai community suffers from “Silent Storms” where high-water storm surges erode and undercut river and shoreline banks, melting the permafrost. This “wearing away” of land results in the loss of beach, shoreline, and dunes. Coastal erosion occurs over the area roughly from the top of the bluff out into the near-shore region to about the 30-foot water depth. It is measured as the rate of change in the position or horizontal displacement of a shoreline over a period of time. Bluff recession is the most visible aspect of coastal erosion because of the dramatic change it causes in the landscape. As a result, this aspect of coastal erosion usually receives the most attention. Coastal erosion also may be from multi-year impacts and long-term climatic change such as sea-level rise, lack of sediment supply, subsidence or long-term human factors such as the construction of shore protection structures and dams or aquifer depletion. Attempts to control erosion through shoreline protective measures such as groins, jetties, seawalls, or revetments, can actually lead to increased erosion activity. These shoreline structures can eliminate the natural wave run-up and sand deposition processes and can increase reflected wave action and currents at the waterline. The increased wave action can cause localized scour both in front of and behind structures and prevent the settlement of suspended sediment. Fortunately, in Alaska, erosion is hindered by bottomfast ice, which is present on much of the Arctic coastline during the winter. These areas are fairly vulnerable while the ice is forming. The winds from a fall storm can push sea ice into the shorefast ice, driving it onto the beach. The ice will then gouge the beach and cause other damage. In 2009, the City of Kenai added permanent fencing to the north beach dunes to help ensure this natural barrier will adequately prevent bluff erosion. The fencing will help ensure that man-made destruction of vegetation does not compromise the integrity of the dunes. A similar fencing project was completed in the summer of 2010 on the south beach. The dunes were at risk of destruction from the annual personal use dipnet fishery if the fencing was not installed. In 2014, a subdivision consisting of multiple phases and 48 lots at full build-out has recently been recorded within the City of Kenai. The subdivision is located along the bluffs has bluff-top lots which overlook the Cook Inlet. To further combat erosion the City of Kenai and the Kenai Peninsula Borough required the identification of a setback of 50 feet from the top of the slop for septic systems. This setback will help to ensure that effluent does not discharge into Cook Inlet in the event of further bluff erosion in this area.
Page 109 of 420
2016 City Kenai Comprehensive Plan 20 July 2016
Public Hearing Draft
Wildland Fires: Wildland fires pose a risk to the community, especially as a result of an increase in dead spruce trees resulting from the spruce bark beetle infestation (City of Kenai 2010, Parson et al. 2009). The City annually experiences small wildland fires throughout the summer months. The City of Kenai Fire Department and State Forestry responded to cooperatively to these fires. According to the 2016 HMP, all areas within the City of Kenai have equal risk of Wildland fires. The City maintains a defensible space around all City facilities as a preventative measure for wildland fires. This risk has been greatly reduced by the City of Kenai’s initiative to proactively pursue a fire mitigation plan that resulted in the clearing of dead and dying spruce from approximately 700 acres of public and private land. Funding for these projects was facilitated through the Kenai Peninsula Borough Spruce Bark Beetle Mitigation program. The Kenai Peninsula Borough and the City of Kenai worked cooperatively to identify high hazard areas. Local contractors provided hazard mitigation under the Borough funded program (which is no longer active). Logistically, the reduction in fuels within the City has enabled State Forestry resources to free themselves to patrol other nearby communities, and has reduced wildfire activity within the City. The City in cooperation with the KPB and State Forestry continue to provide Firewise Communities educational material to homeowners to enable them to prepare their homes in the event of a wildfire. Damage from fallen trees during heavy wind storms has dropped drastically within the City. Homer Electric Association has attributed this reduction directly to the City’s pro Firewise actions. Historically significant fires within the City included the 1969 Swanson River Fire and the Swires Road fire in the mid1980’s. More recently, the Central Kenai Peninsula experienced significant wildfires in 2014 and 2015; however, neither of these fires burned inside the City limits of Kenai. City of Kenai Firefighters provided mutual aid to Central Emergency Services (CES).
Volcanoes and Fallout: There are five active volcanoes located on the west side of Cook Inlet that lie within the KPB boundaries: Fourpeaked, Augustine, Iliamna, Redoubt, and Mount Spurr. Eruptions from volcanoes on the west side of Cook Inlet can result in the deposition of ash, which can cause damage to structures and equipment. Fresh volcanic ash fallout may be harsh, acidic, gritty and smell like sulfur. Heavy ash-fall may reduce sunlight, causing a sudden demand and possibly brownout of electrical power. Ash can clog watercourses, sewage plants, and all kinds of machinery.
Page 110 of 420
2016 City Kenai Comprehensive Plan 21 July 2016
Public Hearing Draft
According to the 2016 HMP, all areas within the City of Kenai have equal risk of effects from volcanic activity. One of the most vulnerable sectors is the aviation industry, which is at risk from the effects of airborne volcanic ash. The City continues to participate in cooperative effort with Borough OEM, local media to provide the public with preparedness information prior to and during periods of increased volcano seismic activity.
Earthquakes: Alaska is one of the most seismically active regions in the world. Three of the ten largest earthquakes ever recorded have been in Alaska. Earthquakes of magnitude 7 or greater occur in Alaska on average of about once a year; magnitude 8 earthquakes average about 13 years between events. Although southcentral Alaska is in a high seismic risk zone, Kenai is relatively well protected from earthquake-generated tsunami danger due to the high bluffs; and the relatively shallow depth of upper Cook Inlet results in a low tsunami risk. Kenai was relatively undamaged in the1964 earthquake; however, the potential for seismic events remains high. More recently, on January 24, 2016 at 1:30am a 7.1 magnitude quake occurred 53 miles west of Anchor Point. The City of Kenai felt the greatest impact when a gas line broke on Lilac Lane. There were two house explosions, and a total of four homes on Lilac Lane were completely destroyed. The dangers associated with earthquakes include ground shaking, surface faulting, ground failures, snow avalanches, seiches and tsunamis. The City will continue to cooperate with the KPB, OEM, local media and local emergency responders to collectively notify the public of evacuation procedures. The extent of damage from an earthquake is dependent on the magnitude of the quake, the geology of the area, the nature of the earthquake (surface faulting, ground failure, liquefaction, etc.), distance from the epicenter and structure design and construction. The city continues to enforce building codes and construction standards.
4.3 Population, Education and Housing The purpose of this section is to provide background information about population, education and housing trends that may influence private and public investment decisions and public policy decisions at the local and regional levels.
4.3.1 Population For the first half of the 1900s, the community of Kenai’s population stayed around 300 people. After discovery of the Swanson River oil field in 1957, Kenai grew eight-fold from 778 people in 1960 to 6,327 in 1990 becoming the Kenai Peninsula’s most populous city. During the statewide economic slowdown in the 1990s, Kenai’s population grew from 6,327 (1990) to 6,942 (2000) or about 9.7%, adding fewer residents than in any decade since the 1950s.
Page 111 of 420
2016 City Kenai Comprehensive Plan 22 July 2016
Public Hearing Draft
Between 1990 and 2000, nearby small rural settlements (Cohoe, Clam Gulch, Kasilof, Nikiski, Ridgeway, and Salamatof) grew by an average of 34%. This trend may reflect the preference to work, shop, and recreate in the cities but live in the rural countryside. Kenai’s population growth slowed between 2000 and 2010 with an increase of about 2.3%. This slowing trend continued between 2010 and 2015. By 2015, Kenai’s population grew from 7,112 (2010) to 7,229 (2015) or about 0.8% (DLWFD, 2015). Using this same assumption for future population change, Kenai could reach 8,385 by 2035. Between 2010 and 2015, the distribution of males and females shifted slightly with an increase in the female population. This is particularly noteworthy in the age group 65+. While the Kenai Peninsula is less ethnically diverse than the state as a whole and the growth rate of the non-white population is among the lowest at 3.2%, this sector’s share of the population is expected to continue to increase over the next 5 years (KPEDD CEDS, 2016). Of particular note for Kenai is the growing increase in people older than 65 and the decline of people under that age between 2010 and 2015. The median age of Kenai’s residents rose from 28.6 years in 1990 to 32.3 years in 2000, 34.7 years in 2010 and 34.8 years in 2015. Kenai’s median age in 2010 was lower than the national median age and slightly higher than that of Alaska. The aging of Kenai’s population is consistent with local trends on the Peninsula and with national trends as the “baby boomers” reach retirement age. According to the KPEDD 2015 Report-Industry Trends and Outlook, 8,100 people (14%) on the Kenai Peninsula are 65 or older; by 2027 it is projected that 14,800 people (23%) will be over 65. The number over age 85 is expected to increase four-fold over 30 years, from about 670 in 2014 to 3,270 in 2042. Table 4 illustrates the change by age (and includes sex) between 2010 and 2015.
Table 4. Age, Sex, and % Change April 2010-July 2015
Age
Group
April 2010 Estimate July 2015 Estimate %
Change Total Male Female Total Male Female Under 19 2,219 1124 1095 2,202 1,120 1,082 -1% Age 20-44 2,277 1136 1141 2,270 1,133 1,137 -1% Age 45-64 1,921 941 980 1,872 890 982 -1% Age 65-79 572 287 285 721 347 374 +26% Age 80+ 123 45 78 164 70 94 +33% Median Age 34.7 33.6 35.6 34.8 33.9 35.9 +1% Total 7,112 3,533 3,579 7,229 3,560 3,669 +1.06% Source: Alaska Dept. Labor & Workforce Development, 2015
Page 112 of 420
2016 City Kenai Comprehensive Plan 23 July 2016
Public Hearing Draft
The increase in the senior population is an important consideration when planning for transportation systems, housing location and types (assisted living), location and the availability and accessibility of commerce (stores, entertainment), facilities such as the senior center, library, and recreation center, and services such as health care and related services, and government services. Since 1990, the average household size in Kenai has continued to decline. As shown in Table 5, Kenai’s average household size continues to be smaller than the Alaska and national average. Over the long run, these trends signify slower population growth, a steadily aging population with more seniors, a shift in housing demand mix, and a shift in local priorities for public facilities and services to meet changing needs of a changing population.
Table 5. Household Size Comparison: City of Kenai, State of Alaska, and the U.S.
Subject Kenai Alaska U.S. Median Age 36.9 33.8 37.2 Household Size 2.51 2.79 2.63 Source: U.S. Census 2016
4.3.2 Education The City of Kenai schools are administered by the Kenai Peninsula Borough School District. There are 7 schools in Kenai with a population for school year 2015-2016 of 1,885 students. The schools are:
• Aurora Borealis Charter School – 181 students
• Kaleidoscope School of Arts & Science – 256 students
• Kenai Alternative High School – 78 students
• Kenai Central High School – 523 students
• Kenai Middle School – 382 students
• Marathon School – 11 students
• Mt. View Elementary – 454 students In addition, the Alaska Vocational Technical Center (AVTEC) is located in Kenai and offers short term and long term programs including the Alaska Culinary Academy, the Alaska Maritime Training Center, and courses in information technology, nursing, applied technology and power plant operations. Overall school enrollment in Kenai Peninsula schools has steadily declined over the last ten years. Student enrollment during the 2003-2004 school year was 9,645 students and has since decreased to 9, 132 students in 2015-2016. Public school enrollment appears to be decreasing at the same time the school-age population also decreases. School-age population age groups 5-9, 10-14, and 15-19 years old combined total about 19% of the Kenai Peninsula Borough’s population (KPEDD
Page 113 of 420
2016 City Kenai Comprehensive Plan 24 July 2016
Public Hearing Draft
CEDS, 2016). The U.S. Census information on educational trends in Kenai before 2009 indicates there was decreased enrollment in high school and younger and increased enrollment in college.9 It is projected that through 2042, the share of students will remain essentially flat at both the borough and state level. The state projects the number of school aged children on the Peninsula will begin increasing around 2020 (KPEDD 2016 Situations & Prospects). Tracking and assessing the changes in school-age population groups provides important information to the school district and the City of Kenai when planning for the design, construction, and operation of educational facilities and programs that serve residents. Table 6 describes the level of educational attainment (percent of total) for the City of Kenai population 25 years and older.
Table 6. Educational Attainment 2009– 2014, Kenai
Educational Attainment 2009-2013 2010-2014 Population 25 years and over 4,662 % of Total 4,766 % of Total Less than 9th grade - 1.8% - 1.8% 9th to 12th grade, no diploma - 5.1% - 6.4% High school graduate (includes equivalency) - 35.6% - 35.2% Some college, no degree - 27.4% - 26.4% Associate’s degree - 7.9% - 7.0% Bachelor’s degree - 12.8% - 13.3% Graduate or professional degree - 9.4% - 9.9% Source: KPEDD 2016 Draft Situations & Prospects Report, May 2016 (US Census American Community Survey, 5-Year Estimates 2009-2013, 2010-2014) Among adults aged 25 and older in the Kenai Peninsula Borough, 93% have a high school diploma or greater compared to 92% statewide. The number of college graduates on the Kenai Peninsula at 24% is slightly lower than the state’s average of 28%.
4.3.3 Housing The number of houses constructed in the Kenai Peninsula Borough varies by year and by community. On average 45.3 percent of the houses are built in Homer, 26.8 percent in Kenai and about 23 percent in Soldotna. Although Kenai is one of Alaska’s oldest settlements its housing stock is relatively new and in good condition because most homes were built after 1980 (KPEDD CEDS, 2016).
9 For cities with a population the size of Kenai, the American Community Survey uses five year averages for some survey data such as education.
Page 114 of 420
2016 City Kenai Comprehensive Plan 25 July 2016
Public Hearing Draft
Housing affordability is described in terms of “cost-burden” or the percent spent on housing costs, including rent, utilities, and energy costs. For Kenai the cost-burden is about 30.7% while borough-wide is 34% and the state-wide level is 31% (KPEDD 2016). According to Alaska Housing Finance Corporation (AHFC), the average home loan amount in the Kenai Peninsula Borough in 2015 year was $214,885. For the city, the average value of a single-family home was $193,900 in 2014. The average price of single family homes has been, steadily rising
over the last 11 years (KPEDD 2016). Between 2010 and 2014, the total number of housing units in Kenai increased from 3,108 to 3,221. The number of new dwelling units constructed in Kenai increased from 20 in 2010 to 36 in 2015. Most homes are on public water supply and sewage disposal systems and use natural gas. Table 7 provides an overview of housing units, values, and monthly rents.
Table 7. Housing Units 2009-2014, City of Kenai
Housing
In
Kenai
2009-2013 2010-2014 % of Total % of Total Total housing units 3,108 - 3,221 - Occupied housing units 2,820 90.7% 2,896 89.9% Vacant housing units 288 9.3% 325 10.1% Median value of owner-occupied units $184,800 - $193,900 - Median monthly rent (for renters) $885 - $910 - Source: KPEDD 2016 Draft Situations & Prospects Report, May 2016
4.3.4 Energy Costs Based on the 2009-2012 data used in the 2014 Alaska Housing Finance Corporation (AHFC) Assessment, the average annual energy cost for homes in the Kenai Peninsula Borough is $4,510, 60% higher than the cost in Anchorage ($2,786) and twice as high than the national average ($2,129), but low compared with more rural places in the state. According to this AHFC assessment, the lowest average annual energy costs were found in Tyonek, where residents pay $2,600 each year, and the highest average annual energy costs are in Seldovia where residents pay $7,300 annually (KPEDD 2016). The 2015 ADLWD Residential Rental Market Survey reported that the rental market on the Kenai Peninsula is healthy with an overall 6.8% vacancy rate. Average rent prices increased by only 3% from 2014-2015 (2015 ADLWD Annual Rental Market Survey).10 10 The survey includes Anchorage, Fairbanks North Star Borough, City and Borough of Juneau, Kenai Peninsula Borough, Ketchikan Gateway Borough, Kodiak Island Borough, City and Borough of Sitka, Valdez-Cordova Census Area, and the Wrangell Borough-Petersburg Census Area.
Page 115 of 420
2016 City Kenai Comprehensive Plan 26 July 2016
Public Hearing Draft
4.4 Economy Recent trends and prospects in several key industries, suggest Kenai will continue to experience modest economic growth for the foreseeable future. Events, such as significant new oil and gas discoveries in Cook Inlet and the Alaska LNG Project, could lead to more rapid growth of the economy than estimated. Since the 2003 Comprehensive Plan, the City of Kenai has expanded its role as a regional commercial center. Despite the closure of the Kmart store in 2003 and Lowes Improvement Center in 2011, a number of new box stores opened in Kenai, including Home Depot (2004) and WalMart Supercenter (2010).11 In 2008, the 78-room Aspen Extended Stay Suites opened for business. In addition to providing local jobs, these businesses generate tax revenue for the City. This section provides a snapshot of the some of the most important sectors of the economy from information available in May 2016. It includes information from the U.S. Census Bureau, the Kenai Peninsula Borough, the 2006 Kenai Economic Development Strategy, and the Kenai Peninsula Economic Development District (KPEDD).12 In 2016, KPEDD updated its Comprehensive Economic
Development Strategy and Gap Analysis. The 2006 Kenai Economic Development Strategy (KEDS) work plan was considered when developing the Draft 2013 Plan and that information has been used and updated with KPEDD information for the 2016 revision. Unlike the rest of the country, Alaska did not experience a sharp recession in 2009. The KPEDD found that the Kenai Peninsula’s resource-based economy slowly weakened as a result of fewer tourists, a decline in oil drilling, poor fish prices, and a decrease in consumer confidence (KPEDD 2010). Because the Kenai Peninsula Borough has one of the most diverse economies in Alaska, this diversity softened negative impacts to the regional economy. The City of Kenai’s economic well-being is closely tied to general economic conditions in the Kenai/Soldotna area. This area continues to be the trade and service center for the western Kenai Peninsula and a local government center. The area has an industrial base and a healthy visitor industry centered on the recreational fisheries of the Kenai River and Cook Inlet. Oil and gas, seafood, and tourism are the basic economic sectors that drive the Kenai economy. Basic sector means that these are the businesses that bring new money into the economy. Retail and the service sectors, in contrast, rely on business drawn from local residents. The remainder of this section provides more details about economic indicators, including employment and income, sales, retail trade, retail space, permits, and business licenses.
11 In August 2011, the Lowes Improvement Center closed unexpectedly. 12 KPEDD now publishes the annual Situation and Prospects report.
Page 116 of 420
2016 City Kenai Comprehensive Plan 27 July 2016
Public Hearing Draft
4.4.1 Employment and Income The City of Kenai has a diverse economy and an educated and mobile workforce. The community has competitive wages placing the community’s residents in a good position for access to the region’s job pool. Table 8 describes employment status between 2009 and 2014.
Table 8. City of Kenai Employment 2009-2014
Employment Status 2009-2013 2010-2014 Population % of Total Population % of Total Population 16 years and over 5,608 - 5,705 - In civilian labor force 3,915 69.8% 3,834 67.2% Unemployed 437 7.8% 404 7.1% Working 3,478 62.0% 3,430 60.1% Private wage & salary workers 2,664 76.6% 2,674 78.0% Government workers 561 16.1% 554 16.2% Self-employed in own, not-incorporated business 253 7.3% 202 5.9% Unpaid family workers 0 0.0% 0 0.0% In Armed Forces 0 0.0% 0 0.0% Not in labor force 1,693 30.2% 1,871 32.80% Source: KPEDD Socioeconomic Data, City of Kenai, 2016 Between 2009 and 2013, 76% of the workforce was in the private sector with 2,664 in wage and salary positions, 253 self-employed, and 0 unpaid family workers. Government workers included 569 people or 16.1% of the workforce. In contrast between 2010 and 2014, the number in the workforce decreased slightly from 69.8% to 67.2% and the unemployment decreased as well from 7.8% to 7.1% (KPEDD 2016). Table 9 describes the major occupations (age 16+) in Kenai.
Table 9. Major Occupations, City of Kenai, 2015
Industry
2015
Number
of
Workers
%
of
Total Natural Resources & Mining 483 14.1 Construction 172 5.0 Manufacturing 139 4.1 Trade, Transportation, Warehousing & Utilities 685 20.0 Information 46 1.3 Finance & Insurance & Real Estate Renting/Leasing 110 3.2 Professional, Scientific, & Management Administrative & Waste Mgt. Services 183 5.3 Educational Services; Health Care & Social Services 550 16.0 Arts, Entertainment, Recreation, Accommodation & Food Services 356 10.4 Other Services (except Public Administration) 114 3.3 Public Administration (State – 167; Local - 142) 591 17.3 Source: U.S. Census
Page 117 of 420
2016 City Kenai Comprehensive Plan 28 July 2016
Public Hearing Draft
Kenai is a relatively low-cost labor area. Table 10 describes income and benefits by household and by family in the City of Kenai. In 2009, the average household income was $78,137 and the average family income was $89,140. By 2014, the average household income had only increased slightly to $78,824 but the average family income had increased to $92,768.
Table 10. City of Kenai Income & Benefits 2009-2014
Income and Benefits
(in 2013 and 2014 inflation-adjusted dollars)
2009-2013 2010-2014 % of Total % of Total Total households 2,820 - 2,896 - Median household income $63,019 - $62,088 - Average (mean) household income $78,137 - $78,824 - Total Families 1,870 - 1,833 - Median family income $76,815 - $76,445 - Average (mean) family income $89,140 - $92,768 - Per capita income $31,710 - $32,471 - Source: KPEDD Socioeconomic Data, City of Kenai, 2016
4.4.2 Business Indicators This section provides a brief overview of some of the local business indicators – sales, retail space, and business licenses.
Sales: The amount of annual sales can fluctuate from year-to-year. For 2015, taxable sales were $238.6 million (City of Kenai, 2016). The retail trade business category in 2015 represented over 68% of all sales followed by restaurant/bar (City of Kenai, 2016).
Building Permits: While the Kenai Peninsula Borough does not issue building permits, the communities of Kenai, Homer, Seldovia, Seward, and Soldotna issue permits. For the five-year period between 2005 and 2009, the average annual value of all types of construction permits issued by the City of Kenai was $19.0M with a high of $46.5M in 2008. Between 2010 and 2015, the average annual value of all types of construction permits issued by the City was $86M with a high of over $29M in 2012 (City of Kenai, 2016). Table 11 illustrates commercial and residential construction valuations for the years 2010 through 2015.
Page 118 of 420
2016 City Kenai Comprehensive Plan 29 July 2016
Public Hearing Draft
Table 11. City of Kenai Construction Valuation 2010-2015
Year Construction Type Valuation ($)
2010 Commercial $7,535,700.00 Residential $3,367,100.00 Total 2010 Valuation $10,902,800.00
2011 Commercial $7,149,981.00 Residential $5,284,784.96 Total 2011 Valuation $12,434,765.96
2012 Commercial $25,137,400.00 Residential $4,848,156.00 Total 2012 Valuation $29,985,556.00
2013 Commercial $12,312,200.00 Residential $5,484,900.00 Total 2013 Valuation $17,797,100.00
2014 Commercial $1,392,000.00 Residential $446,500.00 Total 2014 Valuation $1,838,500.00
2015 Commercial $6,671,000.00 Residential $6,592,011.00 Total 2015 Valuation $13,263,011.00
2010-2015 Commercial $60,153,281.00 Residential $26,023,451.96
Total Construction Valuation 2010-2015 $86,221,732.96
Average Yearly Construction Valuation Source: City of Kenai, 2016 Between 2010 and 2015, there were seven major construction projects issued building permits with valuations of over $1M and over ten projects with valuations between $500,000 and $1M. Projects included the Den'ina Wellness Center, CINGSA, Baker Hughs Oilfield Development, ACS-Walmart, Kenaitze Indian Tribe, Homer Electric Association, Clint-Hall Assisted Living Facility, multiple private commercial developments and single family homes, and multiple City of Kenai projects including the library, water treatment facility and combined facility.
Business Licenses: There were 7,270 businesses registered to report sales and potentially pay sales taxes in the Kenai Peninsula Borough in January 2016. Also at that time, there were 6,195 individuals that had an Alaska State business license with a physical location on the Kenai Peninsula. Of those licenses, 1,032 were registered to businesses in the City of Kenai (KPEDD 2016).
Page 119 of 420
2016 City Kenai Comprehensive Plan 30 July 2016
Public Hearing Draft
4.4.3 Oil and Gas Industry The Cook Inlet area has been one of the nation’s most productive oil and natural gas regions. While considerable challenges exist in the short term, a significant increase in the estimate of undiscovered reserves in the region provides reason to be optimistic about the future for this industry. While the easiest to develop oil and gas resources have been found, considerable resources are estimated to remain in the region. In 2009, the Alaska Department of Natural Resources, Division of Oil and Gas (ADNR DOG) estimated there were 109 million barrels of oil and 1.56 trillion cubic feet of gas from known accumulations. In 2011, however, new geologic information boosted the estimates of undiscovered technically recoverable reserves for the Cook Inlet region to include 19 trillion cubic feet of natural gas, 600 million barrels of oil and 46 million barrels of natural gas liquids (USGS 2011). Cook Inlet gas production fell by almost half from 2001 to 2011 (KPEDD 2016). According to the KPEDD 2016 Situations and Prospects report, the Kenai Peninsula oil and gas industry has been declining since the 1970s and since the gas production peak in 2001. In 2015, ADNR DOG, reported that the Cook Inlet basin produced 8,308 billion cubic feet (BCF) of gas and 1.350 Bbbls of oil as of December 31, 2014, with approximately 1,183 BCF of proved and probable remaining gas reserves (ADNR DOG, 2015). A total of 43 new gas wells were drilled and completed from 2010 through 2014. This was a 22 percent decrease from the 55 wells drilled during the period from 2005 to 2009 (ADNR DOG, 2015). However, Cook Inlet oil and gas resources and interest in these resources will likely continue to be an important economic influence for the region. Recent historical interest in oil and gas in and near Kenai between 2010 and 2016 (May 2016) can be illustrated by the following activities:
• 2010: The LNG plant at Nikiski evaluated the renewal of export authorization to beyond 2011. CINGSA (Semco/Enstar) planned a 3rd party gas storage facility in the Sterling C sands at Cannery Loop.
Drill Rig near Kenai September 2012
Page 120 of 420
2016 City Kenai Comprehensive Plan 31 July 2016
Public Hearing Draft
• 2011: CINGSA (Enstar) DNR issued a gas storage lease for Sterling C sands in the Cannery Loop field. Buccaneer permitted and drilled Kenai Loop No. 1 well and signed supply contract with Enstar to provide gas starting in 2012. ConocoPhillips- Marathon’s LNG export license was issued a 2-year extension through 2013 by the Department of Energy; the LNG plant’s last shipment was November 2011; and the plant shut down and preserved for future use.
• 2012: Buccaneer signed a supply contract with Enstar to provide gas; drilled third well; and planned additional wells for 2013. CINGSA (Enstar) drilled 5 wells for gas storage. Nordaq Energy permitting and EIS for wells, road, and development facilities in progress for potential project at Shadura. Enstar-Chugach-ML&P Utilities foresee gas imports in 2014-2015 will meet peak seasonal demand swings; evaluating liquefied and compressed natural gas options.
• 2013: Nordaq Energy received state and federal permissions for Shadura project. Agrium considered restarting the Nikiski fertilizer plant and applied for new air quality permits. ConocoPhillips applied for LNG export license to ship from Nikiski facility.
• 2014: Buccaneers Kenai Loop Field production escrowed pending agreements with Mental Health Trust, CIRI, and DNR as operator’s bankruptcy proceedings continued. Cook Inlet Tesoro entered into a pipeline development agreement to build 8-inch oil line from the west side of Cook Inlet to the Tesoro refinery at Nikiski (2015). ConocoPhillips LNG export license reauthorized by DOE for the shipment of up to 40 BCF from the restarted Nikiski facility. Alaska LNG Project submitted permit applications to export up to 20 million metric tons of LNG per year for 30 years. US Army Corps of Engineers preparing draft of Supplemental EIS for the Alaska Stand Alone Pipeline Project. Agrium asked AIDEA for financing to restart Nikiski fertilizer plant using Cook Inlet natural gas feedstock.
• 2015: Hilcorp permitted seven gas production wells at Beaver Creek Unit. The Regulatory Commission of Alaska approved consolidation of Hilcorp’s Beluga Pipeline, Kenai Kachemak Pipeline, Cook Inlet Gas Gathering System, and Kenai Nikiski Pipeline into one system named the Kenai Beluga Pipeline. CINGSA discovered additional native gas in presumed depleted gas storage reservoir in its Cannery Loop field. Alaska LNG Project received conditional authorization from the DOE to export up to 20 million metric tons of LNG per year for 30 years to non-Free Trade Agreement countries. The Federal Energy Regulatory Commission is preparing an EIS for the AKLNG project. Over 600 acres were purchased in Nikiski for an LNG plant and marine terminal. Work continues on the marine facility design and operations; geotechnical assessments; and design and testing of pipeline materials.
Page 121 of 420
2016 City Kenai Comprehensive Plan 32 July 2016
Public Hearing Draft
• 2016: SAE Exploration conducted 2D and 3D seismic surveys and Apache Alaska Corporation suspended seismic acquisition and exploration activities in Alaska. Construction of a North Slope natural gas pipeline with a spur pipeline to Cook Inlet, or a stand-alone natural gas pipeline, could revitalize the role of local gas-based industrial facilities. At the date of this Comprehensive Plan, plans for a natural gas pipeline were not finalized. In February 2016, AKLNG reported project delays (KDLL, 2-28-16) that could also mean delays on decisions that would have major impacts to the Kenai Peninsula, including rerouting the Kenai Spur Highway to accommodate the new plant and associated traffic increase. The highway reroute is currently penciled in to be completed by the end of 2018, with construction of the LNG plant estimated to begin in 2019. If BP, ConocoPhillips, ExxonMobil, and the State of Alaska continue to move forward with the Alaska LNG Project through the front-end engineering and design stage, oil and gas extraction and support activities will grow, which in turn, brings additional employment in industries such as transportation, warehousing and wholesale trade, healthcare. As the job sector grows, so does the demand for houses, healthcare, and educational services among others (KPEDD CEDS2016).
4.4.4 Fisheries and Seafood Processing Four different fisheries take place within the City’s boundaries: commercial, sport, personal use, and educational fisheries. In 2014, 673 vessels landed 4.5 million pounds of halibut at three ports in the KPB: Homer, Seward, and Kenai, with over half the effort at Homer (KPEDD 2016). Sablefish fishery brought in 5.48 million pounds to KPB ports on 407 reported landings in 2014. This is 26% of the state’s total commercial sablefish harvest (KPEDD 2016). In that same year Kenai was ranked as one of the top 50 U.S. ports for volume of seafood deliveries with a landed value of $11.5 million (NOAA Commercial Fisheries Statistics, 2016). According to KPEDD, during fiscal year 2015 the state shared $1.2 million with the Kenai region from commercial fishery taxes. Totals shared in FY 2015 were $644,000 to the borough, $349,000 to Seward, $196,000 to Kenai, $21,000 to Homer, and $2,800 to Soldotna. The more fish that are processed locally and the more value per fish that processors can add, the higher will be the revenue that circulates through the region from commercial fishing (KPEDD 2016). While the seafood industry in Cook Inlet originally focused on production of high quantities of canned salmon, Kenai no longer has a true “salmon cannery.” Local seafood processors now focus on predominantly fresh, high-quality seafood delivered across the United States during the salmon and halibut season as well as fresh frozen products that are distributed to markets worldwide after the season. The largest plants are Icicle Seafoods in Seward, and the Inlet Fish plants in Kenai and
Page 122 of 420
2016 City Kenai Comprehensive Plan 33 July 2016
Public Hearing Draft
Kasilof. Processing industries also rely on local hardware and auto retailers and on local repair shops for vessel maintenance and upgrades. The rapid growth of the Kenai River personal use dipnet fishery has added a 250,000-400,000 sockeye fish harvest in a short time period to the management mix. The personal use dipnet fishery has grown rapidly. The City is responsible for the management of the fishery: administering the no-wake zone and access controls at the beach and dock, police patrols, and waste management (solid and pit toilets). The City works collaboratively with agencies and the fishing industry to support sustainable fisheries harvests. In 2014 the City instituted a tide dependent no wake zone for a 6,000-foot segment of the south river bank to reduce erosion; eliminated an access and improved another, and is constructing a new access at the Kenai River mouth; maintained solid waste and pit toilets, and provided police foot and boat patrols. Revenue was generated from municipal boat launch and parking fees. The costs for management equal revenue derived from the boat launch and parking fees collected during the fishery (KPEDD 2016).
4.4.5 Visitor Industry The Alaska Department of Commerce, Community and Economic Development estimate that about 500,000 people visit the Kenai Peninsula each summer. While tourism has been one of the fastest growing sectors in the Borough, the number of visits has declined since 2007, a peak year. Visitor patterns are highly seasonal with outdoor recreation and sport fishing representing the major visitor activities, and the historic Kenai Old Town is an important attraction. The Kenai River provides a major recreation destination for both residents and visitors. The charter fishing industry provides economic benefits to the City of Kenai through employment and through local spending by clients. Alaska residents represent the largest group of visitors to the Kenai Peninsula. The period June-August of each year accounts for over two-thirds of annual visits. The visitor industry directly supports a number of local businesses in Kenai – accommodations, food and beverage sales – all of which contribute to the sales tax revenues generated.
Kenai Visitors and Cultural Center
Page 123 of 420
2016 City Kenai Comprehensive Plan 34 July 2016
Public Hearing Draft
Visitor levels were mixed among Chamber of Commerce-operated visitor centers in Kenai, Homer, and Soldotna. According to KPEDD, the Kenai Peninsula’s tourism industry is recovering from the 2008-2009 US recession and reduction in visitor travel and related spending. Employment numbers are back to pre-recession levels, but average monthly wages in the tourism sector have declined compared to 2008 (KPEDD Situations & Prospects 2016). The Kenai Chamber of Commerce and Visitors Center promotes Kenai as a destination, and it operates the Kenai Visitors and Cultural Center. The Center provides information to visitors and it includes exhibits and a gift shop. The Kenai Peninsula Tourism Marketing Council markets the peninsula as a tourist destination.
4.5 Public Facilities and Services The City of Kenai provides a variety of facilities and services to its residents, local businesses and industries. These include:
• water and sewer
• public safety
• fire and EMS
• library
• seniors
• transportation
• parks and recreation The areas of Kenai now served by city roads and water and sewer utilities are shown in Maps 2 and 3. These services are funded locally by the City of Kenai and with the support from other funding sources (grants, etc.).
The popular Dipnet Fishery occures each July
Page 124 of 420
2016 City Kenai Comprehensive Plan 35 July 2016
Public Hearing Draft
Page 125 of 420
2016 City Kenai Comprehensive Plan 36 July 2016
Public Hearing Draft
Page 126 of 420
2016 City Kenai Comprehensive Plan 37 July 2016
Public Hearing Draft
4.5.1 Water and Sewer Systems About 1,680 homes and businesses (4,000-5,000 users), or 70% of the city’s population, are connected to the water and sewer system. Kenai currently has 4 operational well houses located near the intersection of Kenai Spur Highway and Beaver Loop Road on Shotgun Road. A water treatment facility that removes harmless color began operating in 2012. A new 1,000,000-gallon reservoir is under construction in 2016. Once completed the existing 3,000,000-gallon reservoir will have the interior coatings removed and replaced. The wastewater treatment plant, constructed in 1982, was designed for a population of 11,650 people and an average wastewater flow of 1.3 million gallons per day, and operates between 50% and 70% total capacity. The updated 2004 Wastewater Facility Master Plan identified a number of improvements that could increase the plant’s efficiency. A project is in the funding and design phase to reduce the levels of ammonia in the effluent and increase the energy efficiency of the plant.
4.5.2 Public Safety The Police, Fire and Emergency Medical Services (EMS) departments are housed in the Public Safety Building on Main Street Loop and Willow Street. The police department facility was expanded and renovated in 1984-85. The fire department serves approximately 7,100 people within the boundaries of the community. The fire department is responsible for all fire suppression, airport crash fire rescue, hazardous materials, EMS, fire prevention programs, enforcement of city and state fire safety and prevention codes, and fire investigations. The City has a mutual aid and automatic aid agreements with Central Emergency Services and the Nikiski Fire Department.
4.5.3 Transportation A safe, affordable, accessible, and efficient road, trail, marine, and aviation transportation system is essential for community development and expansion in Kenai. While Kenai’s road system is adequate in many respects, as the community grows, improvements to connectivity between where people live, shop and work will continue to be an important consideration when reviewing development proposals. Coordinated transportation and land use policies reduce congestion, improve safety, and help move people, vehicles, and goods more efficiently. Limited public transportation is available through CARTS (Central Area Rural Transit System).
Page 127 of 420
2016 City Kenai Comprehensive Plan 38 July 2016
Public Hearing Draft
Roads: Of the 99 miles of roads in Kenai, the City of Kenai maintains approximately 60 miles, including approximately 15 miles of gravel surfaced roads (Map 4). About 31% of city roadways are unpaved, and many roads are 20-30 years old. The City of Kenai Public Works Department maintains these roads year-round and is responsible for snow plowing and road grading, shoulder maintenance, drainage ditches and culverts, and rights-of-way and easements (City of Kenai, 2016). City road construction is funded with municipal revenue, state-shared revenue, and by property owners in Local Improvement Districts (LIDs). Maintenance is funded on an annual basis using revenue from sales tax and property taxes. The City requires road rights-of-way dedications in new subdivisions. The construction of the Bridge Access Road, residential growth at Kalifornsky Beach Road area and employment growth in the vicinity of Willow Street and Main Street Loop have funneled more traffic into the central area. These trends are positive for the long-term commercial viability of the city center and for future development of Millennium Square. Declines in traffic occurred in Nikiski on the Kenai Spur Highway where traffic declined by about 5000 vehicles per day on average. Travel along the Kenai Spur Highway in Nikiski immediately spiked upwards by over 1,300 average vehicles per day in 2012, following renewed investment in the oil and gas industry and speculative investment, partly in connection with the proposed LNG pipeline to a Nikiski gas liquefaction plant and terminal. By 2015, however, traffic along this highway segment had once again reduced to levels similar to 2007 (KPEDD 2016). There is a Kenai Spur Permanent Traffic Recorder (PTR) that records all of the data points between 2000 and 2015. See Figure 2 which shows ADOT’s calculations and applying linear regression to arrive at the growth rate of 0.76%. Using actual traffic counts and adding a trendline using linear regression, ADOT estimates that traffic should grow approximately 0.76% per year along the highway. The local and state road system plays an important role in the growth and expansion of residential, commercial and industrial development in Kenai. The proper location of future roads and trails necessary to meet the demand of residents and commercial developers will be important to managing the flow of people and goods within Kenai, addressing potential growth in the region and minimizing maintenance costs to the city. Road improvements such as paving more streets, constructing sidewalks, creating trail linkages and expanding road shoulders could go a long way in attracting more traffic within the city center and improving the convenience and safety of doing business along parts of the Kenai Spur Highway corridor.
Page 128 of 420
2016 City Kenai Comprehensive Plan 39 July 2016
Public Hearing Draft
Figure 2. Kenai Spur Permanent Traffic Recorder Data, 2000-2015
Source: ADOT Traffic Engineering Kenai Spur Permanent Traffic Recorder 117600 Kenai Spur Highway 2000 - 2015 Table 12 describes the annual average daily traffic counts (AADT) between 2000 and 2015 along major roads that serve Kenai – both locally and regionally (ADOT&PF Traffic Division, 2016). Traffic counts are collected on road segments between intersections, not at intersections. Years with actual traffic counts are highlighted in red. Years where traffic counts were only estimated are in black. Years with a change in traffic greater than 15% are highlighted in grey. Using actual counts (red cells), the percent change for that segment of Swires Road to Airport Way was 5%; the percent change for the segment Airport Way to Bridge Access was 15%; and the percent change Main Street to Forest Drive was 3%.
y = 68.304x + 8493.6
R² = 0.8267
7800
8000
8200
8400
8600
8800
9000
9200
9400
9600
9800
20
0
0
20
0
1
20
0
2
20
0
3
20
0
4
20
0
5
20
0
6
20
0
7
20
0
8
20
0
9
20
1
0
20
1
1
20
1
2
20
1
3
20
1
4
20
1
5
AA
D
T
Kenai Spur Permanent Traffic
Recorder
Page 129 of 420
2016 City Kenai Comprehensive Plan 40 July 2016
Public Hearing Draft
Table 12. Average Annual Daily Traffic, 2000-2015, Kenai Roads
Source: ADOT Traffic Engineering Average Annual Daily Traffic Counts for 117600 Kenai Spur Highway 2000 – 2015
Black numbers = estimated traffic counts
Red numbers= actual traffic counts
Gray shaded cells = years where counts were greater than 15%
Start MiPt Start Feature End MiPt End Feature Stn #20002001200220032004200520062007200820092010201120122013201420150.000 Sterling Highway 1.024 Knight Drive 517335001105011410 14269 1424014470 13255 1340013540 1580913519 1386013590 13130 1340013268 110861.024 Knight Drive 1.313 Frontier Avenue 517350001105011360 13170 1314013350 13149 132901337012800 12905 13320 14378 1436014550 14734 149571.313 Frontier Avenue 1.784 Big Eddy Road 51738000 10406 1070010740 14776 15010 1256412540 1262012080 14158 1461014270 12093 1225012220 107091.784 Big Eddy Road 2.391 Sports Lake Road 517410009220 100779701 9680 1131310753 10870 10992 1052010800 10876 1062010610 10956 11021 97492.391 Sports Lake Road 6.216 Beaver Loop Road 5175000088109060 9859 984010000 9869 9980100409610 11141 11500 1066410413 10550 10774 110606.216 Beaver Loop Road 8.017 Swires Drive 11760021 84338668870486838825879392679324892291579449923192189339958795878.017 Swires Drive 10.214 Airport Way 517565009130 9644 9680 9451985110688 10810 9057 86708900 11474 1121011190 107849382 963210.214 Airport Way 10.575 Bridge Access Road 5176000011030 11537 115901157011760117101184011910 12329 126501305012750 13947 1413014112 1357210.575 Bridge Access Road 10.951 Willow Street 517620001354013920159461591016170 12476 126101269012140 15696 16200 16035 1601016220 15217 1562210.951 Willow Street 11.251 Main Street Loop 5176600013490 1513714260 14230 1583214754 14920 13976 1338013730 14828 1449014470 1441613689 1405411.251 Main Street Loop 12.000 Forest Drive 51773000 11439 1176011810 13515 13730 1264914047 1413013520 13956 14400 1313313430 1361013589 1208312.000 Forest Drive 13.912 Wildwood Drive 5177750074807690 8675 86608800 8185 828083307970 803883098556 8540 87348705 8936
Page 130 of 420
2016 City Kenai Comprehensive Plan 41 July 2016
Public Hearing Draft
Page 131 of 420
2016 City Kenai Comprehensive Plan 42 July 2016
Public Hearing Draft
Kenai Municipal Airport: The Kenai Municipal Airport (Airport) is the largest of nine airports in the region and serves as the primary collection and distribution center for scheduled passengers, cargo, and mail service (KPEDDCEDS 2016). The primary mission of the Airport is to be the commercial air transportation gateway to the Kenai Peninsula Borough and West Cook Inlet. The city-owned and operated airport is centrally located on approximately 1,458 acres of land near downtown Kenai. The airport property encompasses the airport, a major portion of central Kenai, and several undeveloped areas. The U.S. Government transferred the original airport tract to the City in 1963. Today, the Airport and related airport properties are a major economic and land asset for the City. The Airport supports a variety of economic activities with potential for growth. The City is currently developing a 42-acre industrial park to the northeast along Marathon Road which will provide a center for future industrial activity. Additionally, the Airport is developing hangar lease lots with associated taxiways and roads adjacent to the floatplane taxiway/slip area at the southern end of the water taxiway. These lots will be suitable for commercial hangars as well as T-hangars. The FAA classifies the airport as a Commercial Service-Primary Airport; commercial service airports are defined as those airports having 2, 500 or more annual passenger enplanements with primary airports defined as commercial service airports having 10,000 or more annual passenger enplanements. The designated role of the Kenai Airport is to serve short-haul air carrier routes of less than 500 miles. The Airport consists of three runways; grooved 7,855-foot asphalt runway, 2,000-foot gravel runway, and 4,600-foot water runway, two helipads, and numerous taxiways. The asphalt runway is equipped with an instrument landing system (ILS). Southwest of the terminal building are 40 long-term paved tiedowns of which 10 have electricity.
Plane Displayed at the Kenai Municipal Airport
Page 132 of 420
2016 City Kenai Comprehensive Plan 43 July 2016
Public Hearing Draft
At the float plane basin there are 25 long-term tie down slips and 10 transient slips which can accommodate aircraft with up to a 48-foot wing span. There are 5 commercial slips which can accommodate aircraft with a wingspan up to 65 feet. Both long-term and transient tie downs are available at the gravel runway. Fly-in camp sites are available at the float plane basin and gravel runway apron. Fuel is available for both wheeled and float planes with 24-hour credit card machines. Two commuter airlines offer scheduled service between Kenai and Anchorage. Charter services are also available. An FAA Regional Flight Service Station is located at the Kenai Municipal Airport and is open 24 hours a day. An Air Traffic Control Tower is operated at the airport. A restaurant, lounge, car rentals, and taxis are available in the terminal. Short and long-term vehicle parking is available at the terminal. Hotel accommodations are located nearby. The 1963 deed for the airport requires airport lands to be managed for use and support of the airport. Airport lands are identified on the Airport Layout Plan (ALP). Title 21 of the Kenai Municipal Code provides guidance for lease, sale, and use of airport-owned properties to ensure there is an adequate supply of land to support operation of the airport and to reduce incompatible uses on the airport proper. In 2016, the City rezoned the lands within the Airport Reserve Boundary to Airport Light Industrial to provide for development to highest and best uses for the airport. Such uses include support for airport-related services, revenue-generating leases, other private development, or public improvements. Map 5 illustrates current land use at the airport. The airport leases a number of developed parcels including the Beacon Occupational Health and Safety Services, City Animal Control Shelter, City shop, the Flight Service Station, and numerous aviation and non-aviation properties. These leases provide funding for airport operations. The most recent Kenai Municipal Airport Master Plan was developed in 1997, and a Supplemental Planning Assessment was completed in 2007. Funding for a new airport master plan was secured in 2010 and the update to the Airport Master Plan started in 2011 and will be completed in 2016. An updated noise study was completed as part of the 2011 update and Map 6 illustrates the forecast 2030 noise exposure contours. Table 13 describes the passenger enplanements reported to the City and the FAA between 2005 and 2015 with the high year in 2013 with 103,835 passenger enplanements and the low year in 2009 with 80, 958. There are enplanements that are not necessarily reported to the City but are reported to the FAA and vice versa.
Page 133 of 420
2016 City Kenai Comprehensive Plan 44 July 2016
Public Hearing Draft
Table 13. Kenai Municipal Airport Historical Enplanement Data, 2000-2011
Total Enplanements by Year
2005 83,523
2006 94,163
2007 96,446
2008 99,884
2009 80,958
2010 89,897
2011 97,041
2012 101,995
2013 103,835
2014 94,877
2015 102,126 Source: Kenai Municipal Airport
Page 134 of 420
2016 City Kenai Comprehensive Plan 45 July 2016
Public Hearing Draft
Page 135 of 420
2016 City Kenai Comprehensive Plan 46 July 2016
Public Hearing Draft
Page 136 of 420
2016 City Kenai Comprehensive Plan 47 July 2016
Public Hearing Draft
A study completed in association with the 2005 Kenai Municipal Airport Supplemental Planning Assessment found that the airport had a considerable impact on the local economy (City of Kenai 2005b). This study estimated that the airport generated 533 full time jobs in 2004, including 318 direct jobs and 215 indirect and induced jobs.13 Also during 2004, the airport and generated a payroll of nearly $25 million and $44 million in business revenue (direct, indirect and induced payroll and revenue).
Kenai Boating Facility: The City has authority to plan for waterfront development; own, lease or manage waterfront property; raise funds; and exercise financial control over the port. The Department of Public Works operates the Kenai Boating Facility and coordinates its use by fish processors/ leaseholders, independent fish processors, public users, and commercial, recreational and dipnet fishermen. The dock is mainly leased for commercial fishing vessel use, while the boat launching ramp is one of the area’s most popular launching facilities during the dipnet fishery. In addition to the boat launch ramps, there are public restrooms and fresh water available. The City leases a fueling facility and gasoline and diesel are available.
4.5.4 Parks and Recreation The Parks and Recreation Department manages over 358 acres in its park and open space system (City of Kenai 2011a). The Department provides a wide array of services, including seasonal recreation programs, city parks, beautification of city streets and parks, 3.2 miles of groomed Nordic ski trails and 2.5 miles of pedestrian trails. The City leases 120 acres for an 18-hole golf course that is privately operated. Through a partnership with the City, the Boys and Girls Club operates a 17,700 square foot recreation center which provides numerous activities for the citizens of Kenai. In addition, the Department provides support for the annual personal use fishery, provides an area for community gardens, and manages volunteer programs, such as the Adopt-a-Park program. Other than the neighborhood parks category, the City far exceeds the National Recreation and Park Association guidelines for parks and open space acreage.
13 The jobs, payroll and business revenue figures include those generated by the airport as well as by visitors who travel to and from Kenai by plane. Impacts to aviation-related businesses result in direct economic impacts, re-spending in the local economy by local airport related business results in indirect impacts, and re-spending of wages from airport-related income results in induced economic impacts.
Page 137 of 420
2016 City Kenai Comprehensive Plan 48 July 2016
Public Hearing Draft
Gazebo at Leif Hansen Memorial Park
The goal of the Parks and Recreation Department is: To enhance the quality of life for all citizens
through park facilities, programs, and community services. The Department’s goals and objectives are outlined in its 2010 5-year plan which was prepared with assistance from the Parks and Recreation Commission. The plan includes core principles and priorities for maintenance, safety upgrades, park development, and creation of a tent campground (City of Kenai 2011). Presently, the City is completing a study and design to expand the Multi-Purpose Facility to include the construction of an indoor turf field. A 7-member Parks and Recreation Commission and a 7-member Beautification Committee provides advice to the Department. The Department also maintains landscaping for street and highway rights-of-way.
Erik Hansen Scout Park Table 14 lists the City of Kenai’s numerous parks and open space, acreage/size, and key features. The list includes Kenai community and school parks, neighborhood parks, special purpose areas, and natural open spaces.
Page 138 of 420
2016 City Kenai Comprehensive Plan 49 July 2016
Public Hearing Draft
Table 14. City of Kenai Parks and Open Space
Community
Parks & Schools Acres Description Kenai Municipal Park 45.7 Picnic tables, 3 shelters, BBQ grills, basketball & volleyball courts, ball fields, picnic shelter, picnic sites, observation deck, beach access trail, restroom facilities, and playground Kenai Park Strip 18.9 4 sports fields with bleachers, dugouts, playground, shelter, picnic tables, BBQ grills, community garden area, and restroom facilities Beaver Creek Park 5.2 Shelter, picnic table, BBQ grill, basketball court, playground, turf field, and restroom facilities Daubenspeck Family Park 7.5 Beach/swimming area, 2 shelters, picnic tables, trails, horseshoe pit, winter ice skating, dog retrieval area, and restroom facilities Kenai Middle School n/a Kenai Central High School n/a
Subtotal 77.3
Neighborhood
Parks & Schools Acres Description Elson Rest Stop 0.7 Picnic area and rest stop donated to the City in 2005 Old Town Park 0.4 Playground, shelter, basketball court, turf areas & BBQ grill Fourth Avenue Park 3.8 Playground, basketball court, shelter, baseball field, & BBQ grill Aurora Borealis Charter School n/a 14 Kaleidoscope School n/a Mt. View Elementary School n/a
Subtotal 4.9
Open Space &
Natural Areas Acres Description Blue Star Memorial Greenstrip 1.0 Picnic table and memorial Airport Triangle Greenstrip 0.8 Vintage Air Force jet and flag poles Benco Building Greenstrip 0.3 Open space natural area Scenic Bluff Overlook 1.0 Gazebo, picnic tables, and interpretive signs (historic site) Millennium Square FAA Fields 6.3 2 soccer fields Bernie Huss Trail 3.8 Wooded area with 0.4 mile trail, footbridge & 9-hole disc golf course Kenai Flats Wildlife Viewing Area 17.9 Boardwalk, viewing scope and interpretive display adjacent to the Bridge Access Road 14 Acreage is not provided for school facilities because they are not managed by the Parks and Recreation Department.
Page 139 of 420
2016 City Kenai Comprehensive Plan 50 July 2016
Public Hearing Draft
Table 14. City of Kenai Parks and Open Space Bird Viewing Platform Area 4.8 Elevated viewing platform with viewing scope off of Boat Launch Road North Beach Dunes 20.0 2 elevated stairways with post/chain fence to protect dunes and restroom facilities South Beach Dunes 20.0 Post-chain fence to protect dunes on south side of River
Subtotal 75.8
Special Purpose
Areas Acres Description East Kenai Park Trails 15.5 18-hole disc golf course. 0.75 mile trails, bench Leif Hansen Memorial Park 3.5 Community memorial park with a gazebo, benches, water fountain, veteran’s and mariner’s memorial, town clock, gardens, and picnic tables Erik Hansen Scout Park 6.4 Benches, viewing scope, memorial & interpretive displays Kenai Sports Complex 24.0 Picnic tables, BBQ grills and 4 regulation size soccer fields Kenai Cemetery 3.5 Gazebo and benches Multi-Purpose Facility 7.3 Bleachers, 5 warming shacks, winter and summer ice, and vendor space (leased) Kenai Recreation Center 1.7 Gymnasium, 3 racquetball courts, teen center (operated by the Boys and Girls Club), weight room, cardio room Cunningham Park 2.2 Bank fishing, boardwalk, benches, picnic table and restroom facility Kenai Golf Course 119.7 Full service 18-hole golf course (privately operated) Oiler Baseball Field 10.0 Baseball field and complex leased from the City Public Dock 12.1 170’ dock, gangways, float, 4 launch ramps, cranes, and restroom facilities and showers
Subtotal 200
Total Acreage 358 Acreage managed by the Parks & Recreation Department
4.5.5 Senior Citizen Facilities and Services In response to a growing senior population, the City has actively sought to address the needs of its older residents. The City owns and operates the very successful and popular Kenai Senior Center and Kenai Senior Congregate Housing complex. Staffing for the facilities is provided by 11 employees. A seven-member Council on Aging provides advice to the City Council on senior issues.
Page 140 of 420
2016 City Kenai Comprehensive Plan 51 July 2016
Public Hearing Draft
The Senior Center is a community focal point where older adults come together for fellowship and enjoy activities with their peers. The Senior Citizens Department provides senior services, including congregate meals, transportation, personal advocacy, activities, and housing assistance. Under the Title III program, the Center serves the City of Kenai, Salamatof, Kalifornsky Beach, Cohoe, Kasilof, and Clam Gulch. The programs provided serve seniors aged 60 and older from all walks of life. The Center’s service area serves 26% of the total population aged 60 and above in the Kenai Peninsula Borough. The Congregate Housing Facility complex comprises the core of an emergent “area of opportunity” for more senior-oriented facilities and services. The 40-unit 40,450 square foot facility was built in 1992 with additions in 1996. The City established an enterprise fund to account for the financing of the Congregate Housing Facility. The Alaska Department of Labor and Workforce Development (ADOLWD) projects continued increases in the senior population on the Kenai Peninsula. By 2045, the percentage of people age 65 or older is projected at 21% of the borough’s population. The number of seniors living in Kenai is likely to increase at the same rate. The American Association of Retired Persons (AARP) concludes that older adults will stay longer in the workforce, continue to be consumers, volunteer, are entrepreneurs in our communities, homeowners, and investors. This means that planning for seniors is critical: housing, transportation, health, public safety, arts and education, parks and recreation, and economic development/fiscal impacts. Kenai Congregate Housing
Cache near Senior Center
Page 141 of 420
2016 City Kenai Comprehensive Plan 52 July 2016
Public Hearing Draft
Kenai values its seniors – not just as an age cohort on a graph, but as contributing members of the community – as workers, consumers, volunteers, investors, entrepreneurs, family, and leaders. Meeting the needs of seniors is a matter of community concern so long-term residents can continue to live comfortably in Kenai. Seniors have a broad range of housing and service needs. Some need ready access to health care and some cope with mobility limitations. Of particular interest to Kenai’s senior population is improved pedestrian circulation (safer walk signals, separated walking paths, snow-cleared walkways) in the central area of town. While the City itself has limited resources to dedicate to programs for seniors, it can, play a decisive role by advocating and facilitating initiatives by other public and private entities. Funding for the Senior Center is provided through the City of Kenai, State of Alaska Department of Senior and Disabilities Services, Kenai Peninsula Borough, United Way, USDA, program income, private donations, center rentals and fundraising. At the end of 2012, two assisted living housing facilities were being developed in Kenai. One, located on Forest Drive, was under construction and was expected to open in early 2013. The facility at the former Anchor Trailer Park was in the early planning stage.
4.5.6 Kenai Community Library The Kenai Community Library has continually responded to public needs since its humble beginnings in the halls of the Territorial School Building in 1949. The construction of a new 5,000 square foot facility located on Main Street Loop in 1976 made the library more visible, easier to use and a more pleasant place to visit. In 1986, an additional, 5,000 square foot addition added four sound proof rooms, a closed stack area and activity room. The library catalog and circulation system were automated in 1987, and in 2000 the library website was created allowing users to access the library catalog from home (http://www.kenailibrary.org). The June 2011 completion of the library expansion doubled the size of the building to approximately 20,000 square feet. The new facility includes more seating for adults, a fireplace, a separate children’s room, study rooms, a conference room, and two meeting rooms. With two entrances, the library now provides access to more parking spaces and better access to City Hall. Library staff and volunteers provide a variety of programs of interest to patrons of all ages. Of interest to adults with children are the weekly story times, summer reading program, and weekly Lego Club. The library now has a dedicated area with teen-oriented activities. Adult programming includes a Book Club, the Writer’s Group, and the Totem Tracers Genealogical Society group. Computers in the children’s room access fun learning programs. The library collection includes approximately 80,000 books, periodicals, videos, audiotapes, music CDs, DVDs and reference materials. Several special collections include Alaskana, Alaska State documents, genealogy, core collections of mental health and consumer health information, large print books, and books on CD. Several Alaska newspapers are received on a daily basis as well as the Sunday editions of the New York Times and the Seattle Times. The Alaska Digital Pipeline link provides access to full-text newspapers, journal articles, TV and radio transcripts and other
Page 142 of 420
2016 City Kenai Comprehensive Plan 53 July 2016
Public Hearing Draft
reference materials. The library provides access to the Alaska Digital Library allowing patrons to download audio books and e-books as well as access to Mango, an online language learning program. The library is open 60 hours per week with 5 full-time and 6 part-time employees that assist almost 12,000 registered users. Eight computers are available for patrons to access the internet, electronic databases, City of Kenai municipal codes and government sites. A grant from the Rasmuson Foundation enabled the library to offer in-house lending of laptops to reduce waiting time for computer use and provide more flexibility. The library has a dedicated Rosetta Stone station for the study of foreign languages.
4.5.7 Other Services The City’s Building Department maintains city buildings and performs several administrative functions, including plan review, inspection, record keeping, and permit issuance.
The City built a visitor and cultural center in 1992 to encourage tourism in Kenai. The 10,000 square foot facility is operated by Kenai Chamber of Commerce and Visitors Center, Inc. through a facilities-management agreement with the City.15 The Center houses a permanent collection of historic artifacts, wildlife exhibits and a gift shop. The City leases land for a nominal fee to support organizations such as the Kenai Chamber of Commerce and Visitors Center Inc., the Peninsula Art Guild, the Kenai Historic Society, Peninsula Oilers Baseball Club, Inc., Women’s Resource and Crisis Center, and the Alaska Challenger Center. The City, along with state and federal agencies and nonprofit organizations, provide many community services. The City supports multiple agencies and public activities through grants including: the Kenai Watershed Forum, the Chamber of Commerce and Visitors Center, Central Area Rural Transit System (CARTS), Boys & Girls Club; Industry Appreciation Day, the Economic Outlook Forum, and Oilers Baseball, to name a few. 15 In 2012, the Kenai Convention and Visitors Bureau and the Kenai Chamber of Commerce merged into a single entity called the Kenai Chamber of Commerce and Visitors Center, Inc.
Fishing Boat Displayed at the Kenai Visitors and Cultural Center
Page 143 of 420
2016 City Kenai Comprehensive Plan 54 July 2016
Public Hearing Draft
Coordinating services to ensure cost-effective and efficient delivery will be important as public dollars’ decline. Opportunities to combine services or otherwise improve efficiency, cost-effectiveness, and quality should be identified, explored, and implemented with the appropriate providers. By state law, the Kenai Peninsula Borough is responsible for local education and property tax assessment and tax collection. The Borough also provides area wide solid waste disposal and emergency management services. The State of Alaska operates and maintains a number of facilities in Kenai. State roads within the City include the Kenai Spur Highway, Beaver Loop Road, Bridge Access Road, Strawberry Road, and Kalifornsky Beach Road. Other state facilities include the State of Alaska Courthouse, District Attorneys’ Office, and Public Defender Agency, Army National Guard Armory, the Kenai Health Center, other social services and employment offices, and, abutting the City, the Wildwood Correctional Facility. There are numerous public recreational lands and facilities owned and operated by the borough, state and federal governments in and near Kenai. Non-city public and private utilities provide electric power, natural gas, solid waste collection, telecommunications, and satellite and cable providers.
4.6 City of Kenai Finances The City of Kenai continues to maintain an excellent financial condition. The current (FY17) budget projects year-end balances of $10.0 million (general fund) and $33.4 million (other governmental funds). Kenai’s per capita bonded debt ($213.40 as of June 30, 2015) is one of the lowest of all Alaskan cities with debt, and well below the statewide municipal average. Kenai’s low bonded indebtedness partly reflects a long-standing reluctance to bond for local capital improvements, relying instead on local tax revenues and federal and state grants to fund capital projects.
4.6.1 Expenditures Development, expansion and maintenance of community facilities and services are fundamental to Kenai’s quality of life and to assure positive future growth and a healthy economy. Logical and cost-effective growth requires adequate infrastructure. The budget planning tool for providing facilities and services, the Capital Improvements Plan (CIP), is one tool to implement the Comprehensive Plan’s goals, objectives and strategies. Existing and future business and residential development will be supported and promoted with adequate infrastructure when fiscally responsible. Well-planned community facilities and services improve the quality of community life. For FY 2017, the City’s general fund operating expenditures of $15.4 million were allocated as follows: Public Safety (47.2%), General Government (18.4%), Public Works (15.5%), Parks, Recreation and Cultural Services (15.1%), Senior Citizen Programs (1.0%), Debt Service (0.9%), and Capital Projects (1.9%). Special revenue funds of $8.1million went for the Airport Fund (35.2%),
Page 144 of 420
2016 City Kenai Comprehensive Plan 55 July 2016
Public Hearing Draft
Water and Sewer Fund (30.2%), Airport Land Sales Permanent Fund (14.6%), the Senior Citizen Fund (11.1 %), General Land Sales Permanent Fund (1.8%), and Personal Use Fishery Fund (7.1%).
4.6.2 Revenues Kenai levies a sales tax (3% in FY 2017) and property tax (4.35 mills in FY 2017). In FY 2015, sales taxes accounted for 41.6% of city-levied General Fund revenues, and property taxes for 20.1%. Several city services (water and sewer, airport) are funded wholly or partly by user revenues.
4.7 Forecast of Economy, Population and Housing Demand Modest economic growth and population increase is expected for the City of Kenai and the Kenai Peninsula as a whole for the next 10-15 years (KPEDD 2016). The City’s population rate has slowed to a less than one percent yearly increase since 1990. Similarly, the region’s basic economic sectors – energy industry, fishing/fish processing, and tourism – have experienced moderate growth. However, as the region grows, Kenai can be expected to continue its role as a trade and services center for the western Kenai Peninsula. Consistent with these economic assumptions, the modest population growth that the City of Kenai has seen in recent years will most likely continue for the foreseeable future. A significant discovery of oil and gas reserves could improve the economic outlook of the region. This prospect is possible considering the increase in estimated oil and gas reserves in the Cook Inlet Basin and recent gas development wells within the city boundaries. Increased interest in mining and exploration could also stimulate the local economy. Increased industrial activities to support an Alaska LNG project must also be considered in evaluating the rate used to forecast growth. Assuming the City of Kenai population will increase at an annual average rate of 0.8%, the population could increase from 7,229 in 2015 to 8,385 in 2035. This increase in population is significantly less than what was forecast in the 2003 comprehensive plan.16 The addition of potentially 1,156 new residents by the year 2035 may result in the demand for as many as 900-1,000 additional dwelling units. If actual growth substantially exceeds or lags estimated growth, then population-based decisions about city development priorities can be adjusted accordingly. 16 In the 2003 Comprehensive Plan, the population of the City of Kenai was estimated to grow by about 35% between 2000 and 2020.
Leif Hansen Memorial Park Clock Tower
Page 145 of 420
2016 City Kenai Comprehensive Plan 56 July 2016
Public Hearing Draft
Of particular interest to planning for housing needs will be the forecasted increase in senior population (age groups 65 and older). According to KPEDD, by 2027 it is projected that 14,800 people (23%) will be over 65. This shift in population age affects housing demand, private and public services, health care needs, education needs, transportation modes, and commercial services. Table 15 describes a comparison of estimated demand for residential, commercial, and industrial land uses with the acreage of vacant land zoned for each of these uses. Future demand was based on Kenai’s current population and current land use patterns. A future study could be considered to conduct a market analysis of land demand working with the City, Kenai Peninsula Borough and private land owners to further evaluate land use demand. This estimate does not include other private uses or public uses.
Table 15: Current & Future Land Use Demand
Type of Use 2016
Acreage
2030
Estimated
Acreage
Developed Vacant Developed Vacant
Commercial 522 508 564 914
Industrial 849 370 1,328 666
Residential 1,642 3,270 2956 3532 Note: The estimated future demand was calculated assuming an annual growth rate of 0.8%. The Commercial category includes: Central Commercial, General Commercial, Limited Commercial and Central Mixed Use Zones. The industrial category includes: Light Industrial, Heavy Industrial and Airport Industrial zones. Residential includes all residential zones and Townsite Historic zones. These figures represent developable land and exclude acreage that cannot be developed, such as wetlands. The projected demands in the table are based on existing zoning.
Page 146 of 420
2016 City Kenai Comprehensive Plan 57 July 2016
Public Hearing Draft
Chapter 5: Land Use Plan The Comprehensive Plan and its subset, the Land Use Plan, provide the City of Kenai with the ability to frame future planning choices that support the community’s vision. The broad purpose of the Land Use Plan is to ensure an adequate supply of land that:
• Offers a reasonable choice of suitable locations for all essential uses,
• Separates incompatible uses,
• Can be efficiently served with public roads, utilities and services,
• Maintains the quality of existing development, and
• Creates a stable, predictable setting for future investment. With sound land use planning, Kenai can meet the needs of settlement, accommodate new growth, and improve the quality of the already-built community without compromising its natural setting. The Land Use Plan classifications, the Land Use Map, land use patterns and ownership and how this information is used in planning decisions are described in the following sections.
5.1 Land Use Classifications and Land Use Maps The Land Use Plan describes the City’s vision of a generalized desirable pattern of land uses. The Land Use Plan defines the variety of land use types and maps the pattern or distribution of the types. The Land Use Plan does not regulate land use; it is not a zoning ordinance. The Land Use Plan Map (Map 7) is a generalized description of the spatial distribution of land uses inside the City of Kenai. The Land Use Map is not the Official Zoning Map. Any changes to the Official Zoning Ordinance or Official Map, future comprehensive plan amendments, and subdivision approvals are to be consistent with the Land Use Plan and Land Use Map pursuant to Alaska State Law. In 2011, the Planning and Zoning Commission reviewed the land use classifications for all areas in the City of Kenai and a revised land use map was approved as an update to the Comprehensive Plan. This 2011 map forms the basis for the 2016 Land Use Map. Table 16 defines the intent for each of the land use classifications. Each classification describes the types of land use considered generally appropriate or compatible. The land use classifications are not zoning designations.
Page 147 of 420
2016 City Kenai Comprehensive Plan 58 July 2016
Public Hearing Draft
Table 16. Land Use Plan Classifications
Suburban Residential (SR) Land Use Classification
Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate.
Low Density Residential (LDR) Land Use Classification
Low Density Residential because of location or poor site conditions is intended for large-lot single-family low-density residential development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category.
Commercial Land Use Classifications – General Commercial (GC) and Central Commercial (CC)
General Commercial is intended for retail, service, and office businesses that serve Kenai and the larger region. General Commercial is appropriate for locations along the arterial road system. General Commercial-type development requires larger parcels of land and access to a major road system. It is also intended to support smaller-scale businesses.
Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non-commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial “centers” that are developed at a small to medium scale.
Mixed Use (MU) Land Use Classification
Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design.
Industrial Land Use Classifications – Industrial (IN) and Airport Industrial (AI)
Industrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. Public water and sewer; utilities; and safe, convenient vehicular access are required or planned. Because uses generate noise, odors and emissions typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non-industrial uses. Buffers between industrial uses and adjacent non-industrial uses are desirable.
Airport Industrial is intended to support continued development at the Kenai Municipal Airport. It is intended for those lands reserved for the airport and its future expansion are included in this classification. Residential uses may be considered appropriate provided the residential use is associated with and secondary to the primary industrial use.
Institutional (ITL) Land Use Classification
Institutional is intended to provide an area in which government and tax exempt institutions can offer social and cultural amenities to the citizens of the community. The primary use is public, non-profit, and quasi-public uses including government offices and facilities, schools, churches, and other community-service oriented facilities
Parks, Recreation and Open Space (PROS) Land Use Classification
Parks, Recreation and Open Space is intended for those public recreation facilities, as well as undeveloped lands that provide for the conservation of natural or scenic resources. These areas can be used for a variety of passive and active outdoor and indoor sports and recreational activities. Areas that may be suitable for future natural resource development may be included in this category.
Page 148 of 420
2016 City Kenai Comprehensive Plan 59 July 2016
Public Hearing Draft
Page 149 of 420
2016 City Kenai Comprehensive Plan 60 July 2016
Public Hearing Draft
5.2 Existing Land Use and Ownership Patterns This section describes the major land uses and ownership patterns in the City and some of the opportunities and challenges for these areas. This discussion provides background for the issues, goals and objectives in Chapter 6. Kenai’s land use pattern has been shaped by a combination of local natural features (Kenai River, wetlands, and floodplains), history, transportation improvements, and an ample supply of privately-owned vacant land that is suitable for development. The historic townsite was constructed in a strategic area overlooking the mouth of the Kenai River. As the town developed, wetland and floodplain conditions strongly influenced the location of road corridors and settlement areas. War-time construction of the airport just north of the original townsite limited opportunities to expand what would be a logical expansion of the city center. In response to physical constraints in the townsite, Kenai’s core business area developed east and west along the Kenai Spur Highway. Transportation improvements such as the construction of the Warren Ames Memorial Bridge/Bridge Access Road gave the Kalifornsky Beach area south of the Kenai River a road connection to the rest of the City and spurred development. Maps 8 and 9 (Wetlands/Floodplains and Land Ownership) illustrate the land use patterns that have resulted from the interplay of Kenai’s site characteristics and development history. Kenai is fortunate to have an ample inventory of privately owned, vacant land suited for future demands. Kenai encompasses approximately 28.5 square miles and includes 18,207 acres of land and water. As of 2016, approximately 20% (3,719 acres) of land inside the city was either privately or publicly developed. Approximately 14,607 acres lie undeveloped, or in some cases, vacant.17 Much of the vacant land is either unsuitable for development (soils, slope, drainage, wetlands or floodplains) or is publicly owned (city, borough, state or federal) and not available for private development. The publicly-owned lands have significant habitat, scenic, recreational and natural open space values. Today, emerging land use patterns include the following key features:
• Physical development has been in response to local physical constraints.
• The location of developable land combined with road corridors has produced a linear city form in Kenai with a very high ratio of highway road frontage to settled area.
• The main road corridors in the community, such as the Kenai Spur Highway, Beaver Loop Road, and Kalifornsky Beach Road, follow well-drained developable uplands. 17 For purposes of determining development, parcels with improvements valued at $10,000 or more were considered developed parcels.
Page 150 of 420
2016 City Kenai Comprehensive Plan 61 July 2016
Public Hearing Draft
• Residential development is dispersed along the main road routes in several urban and semi-suburban neighborhoods defined by natural features and transportation access.
• Commercial growth has occurred primarily in a linear pattern along the Kenai Spur Highway and the Bridge Access Road.
• There are multiple commercial centers emerging in Kenai: downtown core area and several spots along the state highway.
• Small-scale commercial development has emerged at several spots along the highway and along secondary state roads.
• For the most part, developing areas have made use of underused, already-in-place (or nearby) facilities such as roads, water and sewer, fire/EMS. Basic public facilities and services are required for residential, commercial, and industrial uses and currently are provided at levels acceptable to most residents.
• Most undeveloped land in the City is wetlands or floodplains, with low development potential but high value as habitat, natural areas, or open space. Most of these lands are also publicly owned.
5.2.1 Challenges and Opportunities Highway-oriented, auto-dependent commercial development along the highway continues to stimulate discussion by city leaders, businesses, and residents. As Kenai has grown in response to physical conditions and transportation improvements, development has spread out. Commercial/retail developments with large parking lots result. This linear pattern makes it unsafe and inconvenient to move among businesses without driving from one business to another. Local traffic is forced to use the major roads/highway to move between parts of the city. The highway was built primarily to carry traffic at moderate to high speeds between Kenai and other cities and areas of the borough. Increase in traffic congestion along the major roads conflicts with this intended highway function. Commercial services, organized in this fashion, are also very difficult, if not impossible, to access by foot. As Kenai plans for the future, the transportation system will need to account for a variety of city residents such as people that do not drive, including younger and older populations and lower-income residents, who have very limited means to get to around Kenai for goods and services. Contiguous development near existing services makes the best use of public development expenditures. Contiguous development patterns end up costing the city less to serve than dispersed development. For example, utility costs increase as the separation between developments increases. Costs likewise increase as the distance from the existing service hook-ups increases.
Page 151 of 420
2016 City Kenai Comprehensive Plan 62 July 2016
Public Hearing Draft
There are opportunities to promote, where feasible, infill and the reuse of vacant or underused commercial and industrial properties with existing infrastructure. Infill and reuse is generally more economical than development that requires new infrastructure. There may be a variety of financing arrangement, such as a Local Improvement District, that can be used to encourage more compact development at the multiple city “centers” currently emerging in Kenai.
Page 152 of 420
2016 City Kenai Comprehensive Plan 63 July 2016
Public Hearing Draft
Page 153 of 420
2016 City Kenai Comprehensive Plan 64 July 2016
Public Hearing Draft
5.3 Land Ownership About 64% of the land in the City of Kenai is government owned (city, borough, state, and federal), about 32% is in private ownership, and 3.1% is in Native ownership. Table 17 and Map 8 illustrate land ownership patterns in the City.
Table 17. City of Kenai Land Ownership, 2016
Owner # Acres Percent State 5,830 32.02 Private 5,343 29.34 Municipal 5,055 27.76 Borough 794 4.36 Native 563 3.09 Federal 483 2.65 Native Allotment 140 0.77 18,207
Source: City of Kenai, 2016
5.3.1 Suitability for Development Local natural features have greatly influenced the settlement patterns in the community with most development occurring on well-drained sites along highway corridors. Kenai has a variety of lands that are appropriate for development. There are approximately 18,207 acres of land in Kenai and about 3,719 acres are already developed.18 Another approximately 4,215 acres are vacant. Approximately 50% of vacant land is in private ownership, outside of wetlands and floodplains, and may be suitable for development (Map 9). Physical conditions (slope, soils, drainage, etc.) and access may limit development in some areas. Of the approximate 12,000 acres of publicly owned land forming Kenai’s land base, about 11,123 acres, is classified as wetlands or floodplains. The wetlands are concentrated north of the developed Kenai Spur Highway corridor, north and south of Beaver Loop Road and along the Kenai River. The floodplains are situated along the Kenai River and minimal development has occurred in these areas. While floodplains have limited potential for future development, they have a high value as natural areas and may support some low-impact, low density uses. Kenai is fortunate to have an ample inventory of privately owned, vacant land suitable for development. Based on existing development (residential, commercial, and industrial), and the gross supply of undeveloped, privately-owned land, there appears to more than adequate land available for development through 2030. 18 Developed acreage was calculated for entire parcels with development valued at $10,000 or more.
Page 154 of 420
2016 City Kenai Comprehensive Plan 65 July 2016
Public Hearing Draft
Page 155 of 420
2016 City Kenai Comprehensive Plan 66 July 2016
Public Hearing Draft
5.4 Land Use Classifications
5.4.1 Commercial Land Uses Kenai’s role as a major trade and services center for the Kenai Peninsula generates local investment, employment, and sales tax revenue. Local residents are provided a varied mix of shopping opportunities, however, much of the market base lives outside Kenai city limits. Commercial land uses dominate the corridor along the Kenai Spur Highway, Bridge Access Road, and in the downtown business district or central commercial area (Map 10). As the City of Kenai commercial areas have shifted east and along the major road corridors, some of Kenai’s older business areas are presented with economic challenges. Retail marketing trends, particularly the trend towards big-box retail stores, can displace the sales at existing businesses, which must then downsize/adapt or close. Residents have also expressed a strong desire for increased occupancy and improvements to the appearance of older commercial buildings. The Land Use Plan identifies two types of commercial land uses: (1) General Commercial (GC) and (2) Central Commercial (CC). The General Commercial land uses are typically retail, service, and office businesses that serve Kenai and the larger region. This type of development typically requires larger parcels of land and access to major arterial road systems. Central Commercial land uses are typically retail, service, and office businesses developed at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians; and, residences may be appropriate. These uses can be found in the downtown core area, Townsite Historic District, and specific areas of along the Kenai Spur Highway and the mostly undeveloped area adjacent to the Bridge Access Road and the Spur Highway known as Millennium Square (Map 14).
Page 156 of 420
2016 City Kenai Comprehensive Plan 67 July 2016
Public Hearing Draft
Central commercial replaces the former “mixed use” classification where it was applied to the downtown core area. It includes other “centers” with existing commercial uses or the sites are zoned commercial.
5.4.1.1 Millennium Square Millennium Square (Map 11), formerly known as the Daubenspeck Tract, encompasses several irregularly shaped parcels totaling over 21 acres. Millennium Square is the last large city-owned parcel of undeveloped land in the city’s downtown core overlooking the Kenai River. The site provides multiple opportunities for development. Refer to the 2006 KEDS vision and conceptual drawings for detail.
5.4.1.2 Kenai Townsite Historic District The City of Kenai created the Kenai Townsite Historic District in 1993 (Map 15), comprised of 34 properties in the traditional townsite located on the bluff above the Kenai River.
Page 157 of 420
2016 City Kenai Comprehensive Plan 68 July 2016
Public Hearing Draft
While locally significant, the townsite does not meet the standards for a National Register Historic District (Elliott 1996). The Church of the Assumption of the Virgin Mary, however, is listed on the National Register of Historic Places, and other properties in the Historic District may qualify for listing. The district’s buildings span Kenai’s evolution from its origin as a Dena’ina village through the Russian settlement period to today’s mix of old and new buildings. Unfortunately, many of the district’s oldest, most of the historical structures have been lost to fire, demolition, or neglect before the City created a special zoning district and ordinance to conserve the old townsite. The purpose of the historic district is to manage new development and building alterations to protect and enhance the district’s historic character. All construction in the district is reviewed for compliance with development criteria established by the 1993 ordinance. Residential and business uses are regarded as desirable and compatible mixed uses in this district. The City of Kenai continues to collaborate with the U.S. Army Corps of Engineers to identify solutions for addressing ongoing bluff erosion. During development of the Draft 2013 Plan, the Kenaitze Indian Tribe expressed an interest in developing a program to document the Dena’ina place names in the Historic District and other areas of the community. Such an initiative would provide a valuable addition to the Historic District. In 2013, the Kenaitze Indian Tribe completed construction of a 52,000 square foot Dena’ina Health and Wellness Center located on approximately four acres of land owned by the Tribe. As the uses in the Townsite Historic District evolve, a review of the zoning requirements may be useful. New guidelines may be needed to encourage development while protecting the historic
St. Nikolai Memorial Chapel in the Historic District
Page 158 of 420
2016 City Kenai Comprehensive Plan 69 July 2016
Public Hearing Draft
qualities of the district. It may be also desirable to revisit the standards to determine if the district now meets the guidelines for the National Register of Historic District.
5.4.2 Mixed Use
Mixed use enables a range of land uses that include a compatible mix of residential, retail, service, office,
public, institutional and recreational uses. Uses are to be co-located in an integrated way with careful site
layout, building design, and landscaping so that the integrity of adjacent land uses is maintained and
neighborhood amenities are increased. Compatibility issues are addressed through careful site layout and
building design.
5.4.3 Residential Land Uses
Residence in Old Town The natural terrain, early settlement, and a single highway route shaped the pattern of early residential development in Kenai. Today residential development, both suburban and rural, has expanded beyond the main road. Kenai has a large inventory of vacant residential-zoned tracts that provides an opportunity to plan for subdivision and development. Many of these tracts are already served with improved roads, water and sewer, and other utilities. Some of the residential lots have gone undeveloped because they are smaller than preferred. It may be possible to consolidate and replat some of the smaller lots to make them more marketable. As noted earlier, promoting infill development on vacant improved lots is a desirable goal to achieve efficient land use and optimal use of city infrastructure.
Page 159 of 420
2016 City Kenai Comprehensive Plan 70 July 2016
Public Hearing Draft
Some of Kenai’s residential subdivisions lack desired amenities such as neighborhood parks, better neighborhood access by foot to local schools and play areas, paved streets, city water and sewer, street lighting and landscaped buffers from incompatible uses and traffic. Beaver Loop Road is a rural area with scenic vistas, natural open space, and a low-density residential lifestyle with a short drive to city services. The State of Alaska Department of Transportation and Public Facilities is currently planning the development of improvements to the widen the roadway and shoulders and develop a pedestrian pathway. Upon completion, the City will take ownership of Beaver Loop Road for maintenance and upkeep. This proposed development and the phased expansion of the water and sewer infrastructure, including expansion of the water treatment facility, may encourage growth in this area. Much of the vacant property in the Beaver Loop area is affected by wetland or floodplain conditions, and may not be suitable for uses more intense than Low Density Residential development. In the late 1970’s, construction of Bridge Access Road and Warren Ames Memorial Bridge opened the Kalifornsky Beach Road area for semi-urban settlement. Better access has fostered development of attractive, low-density housing with onsite water and sewer facilities. Kenai residents place a high value on residential neighborhoods that are safe for all ages and located near important community facilities such as schools, recreational facilities, the library, parks, government services, and commercial areas. The Land Use Plan identifies two types of residential land uses: (1) Suburban residential (SR) and (2) Low-Density Residential (LDR). Suburban residential land uses are typically single-family and multi-family residential uses that are urban or suburban in character. Typically, suburban residential neighborhoods are developed at a higher density; lots are typically smaller; and, public water and sewer systems are required or planned. Sidewalks, public areas, and paved streets may be required for some projects. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (gravel) and sidewalks will not be included in the design.
5.4.4 Industrial Land Use The Land Use Plan creates two types of industrial land uses: (1) Industrial Land Use (IN), and (2) Airport Industrial (AI). Industrial lands are those suitable for both light and heavy. Uses may include warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. The Airport Industrial lands are those lands reserved for the Kenai Municipal Airport and its future expansion, and tracts needed for present and future aviation-related uses and activities.
Page 160 of 420
2016 City Kenai Comprehensive Plan 71 July 2016
Public Hearing Draft
Existing industrial land uses in Kenai total about 850 acres, and another 320 acres are vacant and zoned for industrial uses. While the current economic outlook does not indicate a demand for large industrial sites in the near future, maintaining the viability of existing industry is a land use and economic priority. Marine-oriented (e.g., fish processing, upland storage, fuel storage, marine repair, and recreational fishing), aviation-related (e.g., aviation support services and cargo storage and transfer), oil field support services (e.g., welding, training, and fabrication), and gravel extraction are the primary industrial land uses in Kenai. The decline of the commercial fishing industry has affected operations of some fish processing plants. Some processors have adapted by producing fresh fish products (Alaska Wild) rather than canned fish. According to a KPEDD 2015 report on Industry Highlights, the Alaska LNG project, which could start production at its proposed Nikiski liquefaction plant and export terminal by 2025, would be a significant investment in the Kenai Peninsula, operating for decades. Though the project is still in its early stages of design and permitting, and a final investment decision is about four years away, there is significant activity in the region as part of the environmental review and design work. Secondary impacts, both positive and negative, can be expected for the city. In 2011, the City of Kenai received a legislative appropriation of $761,650 to pursue development of an industrial park adjacent to Marathon Road. An engineering firm developed a conceptual layout for the 42-acre industrial park which will encompass 20-25 lots. In April 2012, the preliminary plat was approved. Road access, power, water and sewer have been extended to the site. The majority of companies expressing interest in the facility represent the oil and gas industry which demonstrates a revitalization of this industry on the Kenai Peninsula. Industrial land use is part of the city’s basic economy. While commercial land uses are primarily consumptive and rely on the flow of money into the city, industrial uses generate revenue. Kenai has built a healthy industrial economy, based on its energy and fisheries resources. Kenai should reserve its best-located industrial-zoned tracts for future industrial uses that would not be suitable for residential or commercial zones. Such a strategic outlook to the future will allow Kenai to take advantage of opportunities for future development. The availability of local gravel sources plays an important role in the encouragement of development. Historically, gravel extraction has been allowed as a conditional use in rural areas, particularly off Beaver Loop Road. Local sources of gravel and fill materials are economically advantageous, but there is potential for conflicts between gravel extraction and transport and other nearby uses, particularly in residential areas. The City’s conditional use and subdivision review processes can be effective tools to require site reclamation and minimize negative impacts from gravel operations. Mitigation plans that accompany permits address impacts such as dust, noise,
Page 161 of 420
2016 City Kenai Comprehensive Plan 72 July 2016
Public Hearing Draft
road safety hazards, drainage, groundwater degradation, and other impacts related to the surrounding environment.
5.4.5 Institutional Land Uses
The Land Use Plan identifies Institutional Land Uses (ITL) as those uses that are primarily government and
tax-exempt institutions that offer social and cultural amenities to the residents of Kenai and the region.
Uses typically include government offices and facilities, schools, churches, and other community service-
oriented facilities.
5.4.6 Parks, Recreation and Open Space Land Uses The Land Use Plan identifies approximately 358 acres designated by the City as parks, recreation and open space (PRO), which far exceeds the National Recreation and Park Association guidelines for parks and open space acreage (see Section 4.5.4 for a description of areas managed by the Kenai Parks and Recreation Department). In addition, state and federal lands in and near the City have also been designated for these purposes, including areas adjacent to the Kenai River.
An Example of Open Space in Kenai The Land Use Plan identifies Parks, Recreation and Open Space (PROS) Land Uses as public recreation facilities, as well as undeveloped lands intended to provide for conservation of natural or scenic resources. Passive and active outdoor and indoor sports and recreational activities are appropriate. Some improvements are compatible with appropriate site design and layout.
Page 162 of 420
2016 City Kenai Comprehensive Plan 73 July 2016
Public Hearing Draft
The term “open space” includes those areas managed for parks and recreation, areas zoned for conservation, and undevelopable areas. These areas provide outdoor recreation opportunities, visual and sound buffers and habitats for fish and wildlife. For example, in addition to its habitat functions, wetlands provide flood control and they act as a natural water purification system. Establishing corridors between designated open space areas is important for wildlife migration and to retain options for future trail expansion. In addition to the aforementioned values, open space can enhance nearby property values. Some areas designated for parks and recreation also provide de facto open space because of incompatibility with other uses. For example, wetlands, stream corridors, and utility corridors are not suitable for development and can provide a form of “buffering”.
Page 163 of 420
2016 City Kenai Comprehensive Plan 74 July 2016
Public Hearing Draft
Chapter 6: Goals, Objectives, and Implementation
6.1 Introduction and Framework for the Future The vision statements, issues, goals and objectives from the draft Imagine Kenai 2030 comprehensive plan (Draft 2013 Plan) are included in the draft 2016 Kenai Comprehensive Plan. The strategies, priority ranking, and responsible department information from the 2013 plan, has instead been written into the 2016 plan objectives and implementation sections, were appropriate. The planning terms used in this chapter – goals, objectives and action items – are defined in the inset box. The goals and objectives provide the rationale for the implementation measures. The goals and objectives, in combination with the Land Use Plan and Land Use Map, guide the pattern, location, scale, and character of future growth. The goals and objectives provide the frame of reference for reviewing land development proposals such as comprehensive plan amendments, rezoning, conditional use permits, and subdivision plats.
Goals are broad statements of the City’s long-term desired outcomes.
Objectives are “operational” guidelines used to determine whether a proposed project or program advances community values expressed in the goals.
Action Items list specific steps the City will take to implement the Objectives. Action items may be a one-time work effort (such as amending the City’s Municipal Codes, or adopting a new plan or regulation) or may be ongoing efforts that are part of the City’s day-to-day functions.
Page 164 of 420
2016 City Kenai Comprehensive Plan 75 July 2016
Public Hearing Draft
6.2 Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai.
Vision: Kenai is a healthy community that provides
for the emotional, physical, economic and spiritual
wellbeing of all of its citizens; promotes the health
and wellbeing for all age groups; provides
opportunities for lifelong learning; and,
encourages arts and cultural activities.
Goal 1 Objectives Action Items
Q-1 Ensure that Kenai is a community where people and property are safe.
Q-2 Protect and rejuvenate the livability of existing neighborhoods
Q-3 Promote beautification programs in Kenai.
Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses.
Q-5 Update existing site design guidelines for commercial development – landscaping, setbacks, parking.
Q-6 Update the subdivision code to include site design standards.
Q-7 Provide a variety of formal and informal educational programs.
Q-8 Collaborate with local Alaska Native organizations to identify culturally sensitive issues and areas of importance in Kenai.
Q-9 Encourage healthy lifestyles by providing opportunities and/or facilities for outdoor activities.
Q-10 Continue to support existing senior services and the development of additional services and housing.
Q-11 Identify requirements for nominating the Townsite Historic District (TSH) to the National Register Historic District.
Q-12 Update Historic District design standards in the city’s land use regulations.
Q-13 Develop strategies in cooperation with state and federal agencies to ensure there is adequate affordable housing in Kenai.
Q-14 Continue to foster a compact, intensive mix of private and public uses in the downtown core area.
Q-15 Acknowledge the emergence of other commercial centers.
Q-16 Provide a wide variety of opportunities for the public to participate in public policy decision-making.
• Update site design standards.
• Conduct a housing inventory.
• Research process and information needed for creating a TSH District.
• Evaluate the opportunity for multiple city centers – definitions, criteria, standards for development
• Update/revise subdivision code.
• Prepare an urban trail and greenbelt system plan that connects with other trail systems.
Moose with Twin Calves 2011
Page 165 of 420
2016 City Kenai Comprehensive Plan 76 July 2016
Public Hearing Draft
6.3 Goal 2 – Economic Development: Provide economic development to
support the fiscal health of Kenai
Vision: Kenai has a secure economic vitality
by being a community that has a wide variety
of job opportunities and workforce support
and development; by providing a quality of life
and financial climate that encourages
businesses to start up, expand or relocate to
Kenai; and, by providing a built environment
based on standards that sustain long-term
economic viability and growth and that
promotes affordable residential and
commercial development.
Goal 2 Objectives Action Items
ED-1 Promote projects that create workforce development opportunities.
ED-2 Implement business-friendly regulations, taxation and incentives to create a stable, positive climate for private investment.
ED-3 Use regional economic and workforce statistics to match the most suitable type of industry for particular areas and then market these areas.
ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway.
ED-6 Prior to zoning property to commercial, consider if use has access to collector or arterial road, access to city services, and that potential conflicts with adjacent non-commercial uses have been minimized through site design, landscaping, or other appropriate measures.
ED-7 Prior to zoning to industrial, consider if use has access to collector or arterial road, access to city services, that potential conflicts with adjacent non-industrial uses have been minimized through site design, and that potential hazards from the proposed industrial use have been minimized.
ED-8 Reserve areas zoned for industry for industrial uses.
• Develop a recruitment strategy to attract and compete for specific businesses and industries that are necessary to maintain the local economy.
• Conduct inventory of industrial lands.
• Conduct a cost-benefit analysis of development incentive programs such as reverse taxation, tax relief, and tax deferral.
• Update existing guidelines for commercial development – utilities, landscaping, setbacks, parking.
Kenai Fine Arts Center
Page 166 of 420
2016 City Kenai Comprehensive Plan 77 July 2016
Public Hearing Draft
6.4 Goal 3 – Land Use: Develop land use strategies to implement a forward-looking
approach to community growth and
development.
Vision: Kenai implements a forward-
looking approach to community growth
and development by establishment of
several different zoning districts that
reflect the needs of each district; and, by
providing commercial, industrial, and
residential areas suited to current and
probable future growth.
Goal 3 Objectives Action Items
LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses.
LU-2 Promote the infill of existing, improved subdivision lots.
LU-3 Review existing zoning and subdivision codes to determine if they address current and future land uses adequately.
LU-4 Review revitalization strategies for the area adjacent to the Bridge Access Road beginning at Millennium Square to the boat landing.
LU-5 Support development at emerging community “centers” that lie outside the major employment centers but provide a mix of retail, service, and residential uses.
LU-6 Review landscaping ordinance to ensure buffers
LU-11 Where feasible, consolidate access to and between land uses via frontage roads or by shared driveways onto main streets/highways.
LU-12 Ensure that the installation of basic public infrastructure (roads, sewer, water, and drainage) is coordinated with the timing of development and that improvements are in place at the time impacts occur.
LU-13 Coordinate transportation improvements with the city’s land use plan, capital improvements program, Alaska Department of Transportation & Public Facilities transportation plans, the Kenaitze Indian Tribe, and Salamatof Tribal Council.
LU-14 Ensure a pattern of connecting streets and blocks that allows people to get around easily by foot, bicycle or car when approving new developments, both commercial and multifamily.
LU-15 Review the siting of oil and gas development.
LU-16 Support implementation of the City’s Kenai Airport Master Plan Capital Improvements Program.
• Determine if current zoning and subdivision codes are consistent with the goals and objectives of the comprehensive plan.
• Update the subdivision code to include site design standards, requirements for the retention of reservation of open space and parks in new subdivisions.
• Review landscaping design requirements to require retention of natural vegetation; to define and provide buffers between incompatible land uses.
• Evaluate the creation of two conservation zones – one for natural areas and one appropriate for some improvements.
• Prepare an urban trail and greenbelt system
Page 167 of 420
2016 City Kenai Comprehensive Plan 78 July 2016
Public Hearing Draft
Goal 3 Objectives Action Items are required to protect neighborhoods.
LU-7 Identify city-owned and public-owned lands appropriate for rezoning to protect natural areas and open space.
LU-8 Prohibit development in natural hazard areas.
LU-9 Locate parks near schools, residential areas not served now.
LU-10 Encourage creative subdivision design for residential areas.
LU-17 Coordinate senior services and facilities with improvements to the city center or downtown core.
LU-18Provide a wide variety of opportunities for the public to participate in local land use decisions.
plan that connects with other trail systems.
• Develop revitalization strategies to support the marketing of waterfront area (Bridge Access Millennium Square to Boat Harbor).
• Develop standards or guidelines for the siting of oil and gas development.
• Annually review land use map to monitor changes in land use.
• Explore various media to expand public involvement in planning activities and decisions.
Page 168 of 420
2016 City Kenai Comprehensive Plan 79 July 2016
Public Hearing Draft
6.5 Goal 4 - Public Improvements and Services: Provide adequate public improvements and
services in Kenai.
Vision: Kenai encourages public
involvement in decision making; has well-
planned public and institutional facilities
that meet the health, education,
governmental and social service needs of
all citizens; has an integrated efficient and
cost-effective network of utilities and public
improvements and is a community where
the public feels safe.
Goal 4 Objectives Action Items
PF-1 Ensure that the installation of basic public infrastructure (roads, sewer, water, and drainage) is coordinated with development and that improvements needed to serve the development are in place at the time impacts occur.
PF-2 When siting and designing a new public facility the city shall determine if the facility is necessary, if the demand for services can be met, and if there funding sources in place to pay for it.
PF-3 Maintain existing water and sewer utilities.
PF-4 Consider additional city activities and services.
PF-5 Continue mutual cooperation activities with the Kenai Peninsula Borough Division of Emergency Management for efficient delivery of public safety services (police, fire, EMS) to residents of the City of Kenai.
• Continue to collaborate with the USACE on the Kenai River bluff erosion project.
• Continue to secure necessary funding for the Kenai River bluff erosion project.
• Participate in the development of the City’s Capital Improvement Program (CIP) process to evaluate the feasibility/need for public improvements.
• Update city’s sewer and water master plan.
• Evaluate the need for additional city services.
• Work with the Kenai Peninsula Borough School District to develop standards for locating new schools during the design of new neighborhoods.
Page 169 of 420
2016 City Kenai Comprehensive Plan 80 July 2016
Public Hearing Draft
6.6 Goal 5 - Transportation: Provide transportation systems that are efficient and adequate
to serve the regional needs of the community.
Vision: Kenai Municipal Airport is a gateway to the Kenai
Peninsula and West Cook Inlet; the roads are designed,
constructed, and maintained for year-round use; and the
harbor functions as a vital facility for water connection
to other areas in the State.
Goal 5 Objectives Action Items
T-1 Support future development near or adjacent to the airport when such development is in alignment with the Kenai Municipal Airport’s primary mission, “To be the commercial air transportation gateway to the Kenai Peninsula Borough and Cook Inlet.”
T-2 Inventory existing roads, trails, and utilities and identify and prioritize upgrades.
T-3 Establish a maintenance and upgrade program for the City’s transportation system.
T-4 Pursue local road projects through annual budget requests from the STIP.
T-5 Transportation improvements needed to serve new developments shall be in place at the time new development impacts occur.
T-6 Ensure a pattern of connecting streets and blocks that allows people to get around easily by foot, bicycle or car when approving new developments, both commercial and multifamily.
T-7 Actively pursue design and construction of a Kenai River Bridge Access Road and coastal and bluff trail system
T-8 Coordinate transportation improvements with the city’s land use plan, capital improvements program, ADOT&PF transportation plans, the Kenaitze Indian Tribe, and Salamatof Tribal Council.
• Support the Airport’s marketing strategy to actively recruit development on Airport Industrial Park leases.
• Fund and schedule the develop a city long-range transportation plan.
• Monitor progress of Statewide Transportation Improvement Plan (STIP).
• Prioritize maintenance/upgrades for streets, sidewalks, and trails based on criteria established in city’s maintenance program.
Page 170 of 420
2016 City Kenai Comprehensive Plan 81 July 2016
Public Hearing Draft
Vision: Kenai enhances the quality of life for
all citizens through parks and recreational
facilities, programs, and community services.
Goal 6 Objectives Action Items
PR-1 Pursue long-term development of a trail and greenbelt system that connects the proposed coastal trail and upland bluff trail with links to and through the urban area.
PR-2 Maintain existing recreational opportunities and plan for new parks and recreation improvements.
PR-3 Promote the public/private collaboration for acquisition, development and maintenance of neighborhood parks, youth sports facilities, and recreational areas.
PR-4 Support projects that provide additional quality outdoor and indoor recreation.
PF-5 Establish criteria for siting parks and recreation facilities to make them accessible, safe, with adequate parking.
PF-6 Promote the joint use of municipal land and facilities.
PF-7 Encourage development of a mutually supportive cluster of diverse residential facilities for seniors near shops, services, activities, and amenities that cater to seniors as well as the community at large.
PF-8 Locate future community parks near schools and residential areas not yet served by parks.
PF-9 Preserve and protect water features such as isolated wetlands, stream corridors, drainage areas, and riparian areas for open space and to enhance water quality.
PR-10 Include trails and bicycle paths in funding requests to ADOT&PF for future transportations plans.
PR-11 Require that greenbelts be provided when new right-of-way corridors are established.
• Develop a master plan for Parks and Recreation.
• Prepare an urban trail and greenbelt system plan that connects with other trail systems.
• Implement the City of Kenai Parks and Recreation Trails Plan.
• Revise the conservation zone standards and rezone public lands surplus to Kenai’s future development needs for conservation.
• Explore creation of a Kenai River Gateway/Kuhtnu natural area or park to highlight Kenai’s reputation as a prime recreational access point to the Kenai River. (Kuhtnu is the traditional Kenaitze name for the Kenai River.)
6.7 Goal 6 – Parks and Recreation: Ensure that Kenai has excellent parks and recreational
facilities and opportunities.
Page 171 of 420
2016 City Kenai Comprehensive Plan 82 July 2016
Public Hearing Draft
Vision: Kenai has coordinated and proactive
public policies, emergency plans and
procedures, and educational programs that
minimize the risk to the community from
natural hazards and disasters.
Goal 7 Objectives Action Items
NH-1 Implement the 2016 Hazard Mitigation Plan strategies.
NH-2 Prohibit development in known hazard areas except where no feasible or prudent alternative can be identified.
• Collaborate with the city, borough and state agencies to develop and demonstrate defensible space and landscaping techniques.
• Support educational programs regarding hazard mitigation.
• Continue cooperative efforts with the Borough Office of Emergency Management, local media, and City of Kenai websites during periods of hazards such as volcanic eruptions, flooding, and earthquakes.
6.8 Goal 7 - Natural Hazards and Disasters: Prepare and protect the citizens of Kenai from
natural hazards and disasters
Page 172 of 420
2016 City Kenai Comprehensive Plan 83 July 2016
Public Hearing Draft
6.9 Goal 8 - Environmental Resources: Protect and enhance the natural resources and
environment of the community.
Vision: Kenai practices mindful stewardship
of the natural resources and the environment
to ensure they are protected and enhanced for
their viability and values in perpetuity.
Goal 8 Objectives Action Items
ER-1 Maintain and improve protection of the Kenai River its beaches, tidelands and wetland areas.
ER-2 Development plans should include provisions to avoid or minimize impacts on environmental resources such as the dunes, bluffs, wetlands.
ER-3 Review, and modify as necessary, the City's long-term plan for management of the annual Personal Use Fishery.
ER-4 Divert public trails away from sensitive salmon spawning streams.
criteria for siting parks and recreation facilities – accessible, safe, parking
ER-5 Revise the conservation zone standards and rezone public lands surplus to Kenai’s future development needs for conservation.
ER-6 Pursue long-term development of an urban trail and greenbelt system that connects the proposed coastal trail and upland bluff trail with links to and through the urban area.
ER-7 Preserve and protect water features such as isolated wetlands, stream corridors, drainage areas, and riparian areas for open space and to enhance water quality.
• Continue to work with the State of Alaska, personal use fishers, commercial fishers, residents, and others to mitigate damages caused by the dipnet fishery.
• Continue efforts to protect the dunes.
• Develop a plan for the protection of critical wetlands that includes methods for creating and purchasing conservation easements.
• Increase signage along the bluffs at the mouth of the Kenai River to educate people of the damage caused by climbing the bluffs.
• Explore creation of a Kenai River Gateway/Kuhtnu natural area or park to highlight Kenai’s reputation as a prime recreational access point to the Kenai River. (Kuhtnu is the traditional Kenaitze name for the Kenai River.)
• Provide city maintenance of existing rights-of-way and easements for public access to beaches.
Page 173 of 420
2016 City Kenai Comprehensive Plan 84 July 2016
Public Hearing Draft
6.10 Implementation The City will take action at various levels to implement the comprehensive plan goals, objectives and land use plan. The Administration is responsible for carrying out the city’s land use regulations and assisting the public with use of the plan goals and policies on a day-to-day basis. Individual departments use the plan as appropriate as they conduct city business and as they review requests for development approval. The Planning and Zoning Commission is the “keeper of the plan”. In its advisory role, the Planning and Zoning Commission is responsible for making recommendations for plan implementation. The Commission’s key role is the interpretation of the plan goals and policies when reviewing development requests such as subdivision proposals, conditional use permits, and variances. At the policy level, the City Council approves the plan and may revise the land use regulations (zoning and subdivision), landscaping requirements, the capital improvements program, and other city programs to implement the plan. Following adoption of the comprehensive plan, the City Planning Department and Planning & Zoning Commission should prepare a work plan for implementation. The work plan is an internal document that establishes implementation priorities. The work plan describes the action items identified for each planning goal and specifies the following:
• What is the priority for completing each action?
• Who should be involved?
• What is the schedule for completing the action?
• How much will it cost to complete? Because the plan is a living document and the implementing ordinances require time to develop and public involvement, it is important that the City develop an ongoing implementation work plan that prioritizes the actions necessary to carry out the goals and objectives of the plan.
Page 174 of 420
2016 City Kenai Comprehensive Plan 85 July 2016
Public Hearing Draft
Adalgeirsdottir, G. 1997. Elevation and volume changes on the Harding Icefield, Southcentral Alaska. University of Alaska-Fairbanks. M.S. Thesis, 128p. Alaska Center for Climate Assessment and Policy. 2012. http://ine.uaf.edu/accap/index.htm Accessed 14 February 2012. Alaska Department of Commerce, Community and Economic Development. 2012. Alaska climate change impact mitigation program. http://commerce.alaska.gov/dca/planning/accimp/ACCIMP.htm Accessed 14 February 2012. _____. 2011a. Business License Search. http://www.commerce.state.ak.us/occ/bussearch/BusMain.cfm Accessed 18 July 2011. _____. 2011b. 2009. Alaska Economic Performance Report. Division of Economic Development. 44 pp. Alaska Department of Labor and Workforce Development. 2010. Alaska economic trends. December 2010. _____. 2016. Research and Analysis-Population, age, sex by place. June 2016 Alaska Department of Natural Resources. 2011. Cook Inlet natural gas production cost study. Alaska Division of Oil and Gas. 24 pp. _____. 2016. Cook Inlet Oil and Gas Activity Maps, 2010 – 2016. Division of Oil and Gas. _____. 2015. Updated Engineering Evaluation of Remaining Cook Inlet Gas Reserves. Islin Munisteri, John D. Burdick, Jack D. Hartz P.E., Division of Oil and Gas. 2015 _____. 2009a. Cook Inlet areawide oil and gas lease sale: Final finding of the director. Division of Oil and Gas. _____. 2009b. Alaska oil and gas report. Division of Oil and Gas. _____. 2001. Kenai area plan. Division of Mining, Land & Water. _____. 1998. Kenai River comprehensive management plan. Division of Parks & Outdoor Recreation. 122 pp. Alaska Department of Transportation and Public Facilities. 2011. Annual traffic volume report central region: 2008, 2009, 2010. http://www.dot.state.ak.us/stwdplng/mapping/trafficmaps/trafficdata_reports_cen/2010_ATVR_FINAL_All_Posted.pdf Accessed 3 April 2012.
References
Page 175 of 420
2016 City Kenai Comprehensive Plan 86 July 2016
Public Hearing Draft
_____, 2016. Annual Average Daily Traffic – Kenai Roads, Kenai Spur Highway, 2010-2016. Email communications J. Gibbons, May 23 through June 28, 2016. Alaska Seafood Marketing Institute. 2011. Suppliers directory. www.alaskaseafood.org/industry/suppliers/index.cfm Accessed 18 July 2011. American Planning Association. Transforming Communities for an Aging Society. Debra B. Whitman, Ph.D. Chief Public Policy Officer AARP. 2016. Anchorage Economic Development Corporation. 2012. AEDC 2012 resource extraction 10-year project
projection. Anchorage. Berg, E. 2010. Climate change on the Kenai Peninsula. Kachemak Bay Climate Change Conference. February 2010. http://www.adfg.alaska.gov/static/lands/habitatresearch/kbrr/pdfs/ClimateChangeConferenceFeb2010.pdf Accessed 14 February 2012. Bureau of Indian Affairs. 2012. http://www.bia.gov/ Accessed 13 February 2012. _____. 2010. Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs. Federal Register. Vol. 75, No. 190, Friday, October 1, 2010. CH2MHill. 2011. City of Kenai Water and Sewer Rate Study. Prepared for the City of Kenai. 26 pp. City of Kenai. 2016. _____. 2016. Personal communications: Finance, Parks and Public Works Department Directors regarding updated information for parks inventory; sewer, water, and roads; and financial indicators. Jun 14, 2016. _____. 2016. City of Kenai Building Permit Valuations. Planning Department. July 2016. _____. 2016. Kenai Municipal Airport Master Plan; Phase 1 and 2 Reports. Wince-Corthell- Bryson & Aries Consultants, 2013 and 2016. _____. 2013. City of Kenai Draft Comprehensive Plan. _____. 2011. City of Kenai, Alaska parks & open space draft study. City of Kenai Parks & Recreation Department. 69 pp. _____. 2010a. Capital Improvements Program Priorities. http://weblink.ci.kenai.ak.us/WebLink8/0/doc/56209/Page40.aspx Accessed 21 August 2011. _____. 2009. Kenai Roadway condition survey. Unpublished spreadsheet.
Page 176 of 420
2016 City Kenai Comprehensive Plan 87 July 2016
Public Hearing Draft
_____. 2005. Kenai municipal airport economic impacts. Kenai Municipal Airport. Brochure. 2 pp. Czarnezki, J. and J. Yaeger. 2007. On the river: A Guide to Owning and Managing Waterfront Property on
the Kenai Peninsula. Kenai River Center. Dorava, J. and G. Moore (1997). Effects of boatwakes on steambank erosion Kenai River, Alaska. U.S. Geological Survey. Water Resources Investigations Report 97-4105. 84 pp. Elliott, S. L. and D. L. Lane. 1996. Kenai townsite historic district survey report. Prepared for the City of Kenai by Preservation North. 222 pp. HDR Alaska. 2003. Kenai Peninsula Borough transportation plan. Prepared by HDR Alaska, Inc. in association with Kittelson & Associates. Kenai Chamber of Commerce. 2012. http://kenaichamber.org/aboutKenai/workHere.htm Accessed 14 February 2012. Kenai Economic Development Strategy (KEDS). 2006. Kenai economic development strategy. 30 pp. Kenai Peninsula Borough. 2010. Kenai Peninsula Borough quarterly report of key economic indicators
for fiscal quarter ending March 31,
2010. Published June 2010. _____. 2009. Kenai Peninsula Borough situations and prospects Economic trends for year ending December 31, 2008. http://www2.borough.kenai.ak.us/Econ/2008/S&P2008/2008%20S&P%20pdf.pdf Accessed 5 April 2012. _____. 2008a. Kenai Peninsula Borough Coastal Management Plan. 298 pp. 87 pp. _____. 2008b. Kenai Peninsula Borough Resolution 2007-069 A resolution committing to the development of a local climate change impact plan. http://www2.borough.kenai.ak.us/AssemblyClerk/assembly/Resolutions/2007/R2007-069.pdf Adopted by the Assembly on January 8, 2008. _____. 2003. Kenai Peninsula Borough transportation plan. Prepared by HDR Alaska, Inc. in association with Kittelson & Associates. _____. 1998. Kenai Peninsula Borough trail plan. Kenai Peninsula Economic Development District. 2010. Kenai Peninsula comprehensive economic
development strategy. 188 pp.
Page 177 of 420
2016 City Kenai Comprehensive Plan 88 July 2016
Public Hearing Draft
_____. 2016. Kenai Situations and Prospects Report. May Review Draft 2016. _____. 2016. Kenai Community Economic Development Strategy. May Draft 2016. _____. 1997. Rural Alaska Tourism Infrastructure Needs Assessment. A joint project of the Kenai Peninsula. Borough Economic Development District and the Alaska Department of Commerce and Economic Development Divisions of Trade and Development and Tourism. Kenai River Professional Guide Association. 2011. http://www.krpga.org/guide.php. Website accessed 13 September 2011. NOAA. 2012. Arctic report card: 2011. http://www.climate.gov/#understandingClimate/assessmentReports Accessed 14 February 2012. NOAA. 2015. Commercial Fisheries Statistics: Total Commercial Fishery Landings at Major U. S. Ports,
Summarized by Year and Ranked by Dollar Value. www.st.nmfs.noaa.gov/commercial-fisheries/commercial-landings Parson, E., Carter, L., Anderson, P., Wang, B. and G. Weller. 2009. Potential consequences of climate
variability and change for Alaska. In Global Climate Change Impacts in the United States. U.S Global Change Research Program. R&M Consultants, Inc. 2008. Groundwater monitoring report: Kenai River bluff erosion. Prepared for U.S. Army Engineers. 10 pp. Salomon, A., Huntington, H. and N. Tanape Sr. Imam cimiucia: Our challenging sea. Alaska Sea Grant College Program. Scenarios Network for Alaska and Arctic Planning. 2012. http://www.snap.uaf.edu/ Accessed 14 February 2012. Smith, Orson and Gary Williams. 2010. On the coast: A guide promoting an understanding of coastal
processes and good stewardship of
coastal property on the Kenai Peninsula. Kenai River Center. 72 pp. State of Alaska. 2012. Climate change in Alaska. http://www.climatechange.alaska.gov/cc-ak.htm Accessed 14 February 2012. U.S. Army Corps of Engineers. 2011. Kenai River Bluff Limited Economic, Cultural and Historic Property
Evaluation – February 2011. Report produced by Tetra Tech, Surface Water Group, Seattle, WA. U.S. Census, July 2015 Mid-Census Estimates: City of Kenai Population and Socioeconomic Information. 2016.
Page 178 of 420
2016 City Kenai Comprehensive Plan 89 July 2016
Public Hearing Draft
U.S. Fish and Wildlife Service. 2012a. http://kenai.fws.gov/science/ExternalReps/berg/clmt122.htm Accessed 14 February 2012. _____. 2012b. http://alaska.fws.gov/climate/pdf/FactSheet_Kenai_NWR.pdf Accessed 14 February 2012. USGS. 2011. Assessment of undiscovered oil and gas resources of the Cook Inlet region, South-Central
Alaska, 2011. United States Geological Survey. Whittaker, D. and B. Shelby. 2010. Kenai River recreation study: Major findings and implications. Prepared for the Alaska Department of Natural Resources, Division of parks and Outdoor Recreation. 149 pp.
Page 179 of 420
2016 City Kenai Comprehensive Plan 90 July 2016
Public Hearing Draft
Appendix A 2013 Draft Comprehensive Plan (Imagine Kenai 2030) http://www.kenai.city/sites/default/files/departments/planningzoning/2013_comp_plan_draft.pdf
Page 180 of 420
2016 City Kenai Comprehensive Plan 91 July 2016
Public Hearing Draft
Appendix B 2016 Kenai Comprehensive Plan Update Community Outreach
Page 181 of 420
2016 City Kenai Comprehensive Plan 92 July 2016
Public Hearing Draft
Kenai Comprehensive Plan 2016 Town Hall Meeting
#1
March 26, 2016 from 9 a.m. to 12 noon
Kenai Senior Center
Meeting Notes (from flip charts)
Rich Koch opened meeting with introductions and overview of today’s meeting agenda. Elizabeth Benson presented purpose of meeting and the proposed approach (guide to how to update Chapters 1-4) for updating the plan. Also gave an overview of the role of planning. Participants offered comments on the proposed approach (guide handed out) and proposed schedule. These were recorded digitally and on flip charts. Participants’ comments from the flip charts are organized below by commenter, topic, and comment.
TOPIC COMMENTER COMMENT
Proposed Approach/Guide to Creating a 2016 Plan Elizabeth Benson Reviewed guide for proposed approach to creating 2016 plan. 2013 plan data Henry Knackstedt Use 2013 data. City Council specifically directed that the 2013 data be used in the new plan. EB confirmed that yes we would be using the 2013 data. 2013 plan comments Tim Navarre Use comments from 2013 plan process. Everyone participating in update should get a copy of the draft 2013 plan. EB and MK confirmed that yes we have these comments and handed out copies of the 2013 plan (draft/not adopted). History about 2013 plan effort Bob McIntosh City Council decision not unanimous to used 2013 for update. Public rejected 2013 by referendum. Ken Peterson Some residents have stated they want Kenai to remain static. We need to move forward. We need to keep this perspective in mind from the 2003 plan to the 2011 and 2013 updates, which were moving to the future-ahead. If majority wants to stay static then we need to know.
Page 182 of 420
2016 City Kenai Comprehensive Plan 93 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT Attendance at Town Hall (TH) #1 Richard Kelso People not here today because in the past they participated and the plan didn’t address their concerns. They do not trust the process. Concerned that past TH meeting comments and information doesn’t get lost in the 2016 update process. Use of 2013 Plan Table of Contents (TOC). Tim Navarre Need to clarify that we are using the TOC from the 2013 plan and not the 2003 plan. Yes, we are using 2013 TOC. Title of new plan – clarify. Tim Navarre Clarify title of new plan – should it be called “Kenai Plan 2016”? Update? Ken Peterson Call it 2016 Plan Henry Knackstedt Call it 2016 Plan. Clarify that today’s meeting purpose is to review Ch. 1-4 from the 2013 Plan – not on the agenda. Make sure public knows what is being discussed. (Note: public notice did state that Ch. 1-4 2013 Plan would be reviewed). Brian Gabriel Keep title simple – is it to be called 2016 Plan or 2030 Plan? Confusing title. Do we refer to a date in the future like 2030? Or 2025, for example? Agree on a clear title. Use 2013 background except for goals. Bob McIntosh Public interested in general concepts – title should reflect people’s/City Council’s preference and legal input. Concentrate on substance so that it’s not confusing. Response to Ken P.re remaining static: People want the atmosphere in Kenai to be retained. How do we develop economically – e.g. marijuana store? Likes 2013 TOC. Focus on public input. Using 2013 Plan & Previous Neighborhood Concerns Katie Quinn (KSRM) There were issues with the land use plan in 2013. MAPTS subdivision the center of controversy. Plan well and good but what about neighborhood concerns? How are these managed in a plan? EB and MK respond – there are a lot of ways to manage land use. The land use table in a plan is a
Page 183 of 420
2016 City Kenai Comprehensive Plan 94 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT guide for long term planning. Even if current land uses do not match with proposed uses for that lot/area, a rezone is not forced on that property. 2013 Plan Process & using goals from that plan Richard Kelso 2013 goal Quality of Life very specific – not so in 2003 plan. EB respond – we will look at 2013 goals and 2003 goals at next TH meeting. Jeff Twait Will look at both sets of goals at next meeting. Get back on track and review Chapters 1-4 now. Getting word out to public Tim Navarre Advertise next meeting and invite public to help develop goals. City Council wants both documents here for participants to refer to. Today’s agenda and review of background Chapters 1-4. Tim Navarre EB asks – should we agree to the proposed table/guide approach (heads nod)? What about going through the Chapters 1-4 in detail today? Should we do that? Yes – participants want to go through Chapters 1-4 in 2013 Plan today.
Chapters 1-4 2013 Plan – review by section and sub-section
Chapter 1 Introduction
1.1 Purpose of the
Comprehensive Plan
Elizabeth Benson Referred to Tim’s comment about combining “Kenai’s Community Identity” with Mission Statement sections.
1.2 Goals of the Plan Elizabeth Benson Reviewed this section which summarizes the plan goals. Chapter 6 provides more details on goals. Suggested that goals are broad, that group should look at 2003 and 2013 goals side by side. Land use goals have to be reviewed again with the public. Add more specifics about public facilities and services. Describe difference between transportation and transit. Describe services city provides and those provided by others such as state, federal government, borough. Describe services city provides and ones they do not (e.g. provided by others such as State, Feds, KBP).
Page 184 of 420
2016 City Kenai Comprehensive Plan 95 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT Transportation Goal Bob McIntosh City does not have transit system. Senior Center provides some transit. There are CARTS/cabs for local transportation. City can do more to develop regional transportation. Parks & Recreation Goal No comments Natural Hazards Goal Elizabeth Benson & Matt Kelley Integrate new Hazard Mitigation Plan information – new HMP will be available by mid-July 2016. Environmental Resources Goal No comments. General comments on Chapter 1 Introduction Tim Navarre Page 2 and page 5 need to be rewritten/combined to address these two similar topics (e.g. mission statement) Henry Knackstedt 8 goals – do we need any other goals? Broader goals? Are they listed in order of importance? Brian Gabriel Possibility of revisiting this after 2013 Plan Chapter 6 (Goals and Objectives) revised. EB suggest that we consider moving the goals and objectives up in the plan TOC; ahead of Chapter 4 and Land Use. Tim Navarre Page 2 and page 5 need to be rewritten/combined to address these two similar topics (e.g. mission statement)
1.3 How to use this
Plan This section will be adjusted as the plan TOC is changed.
Section 2 City of Kenai
2.1 Powers of the City Elizabeth Benson Powers of the City – comments on the planning and zoning commission section. Verify with administration re any changes.
Tim Navarre Suggested combining “Kenai’s Community Identity” with Mission Statement sections (pages 1 and 5).
2.2 Planning and
Zoning Commission
Bob McIntosh Add more information about P&Z responsibilities and how comments by the public are addressed in their decisions. Do neighbors have chance to affect decision? For example, pot
Page 185 of 420
2016 City Kenai Comprehensive Plan 96 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT store in neighborhood and how should P&Z handle this action?
Elizabeth Benson Caution that because P&Z and CC members are here today, we should not discuss project. It is still in the review process and there are individual property rights in question. Jeff –
Jeff Twait P&Z apples conditions of approval to address potential impacts/concerns. Ken Peterson There is an appeal process of 15 days to the City Board of Adjustment. Bob McIntosh Commissioner comments reflect the need for public input on the Plan. Public needs to know the importance of the plan.
2.3 Context for
Planning Tim Navarre Assumes if the City Administration wants changes they would be presented. Elizabeth Benson Land use table will be updated to reflect public input and previous plans. Henry Knackstedt Airport Master Plan to be completed soon – need to incorporate that information. Elizabeth Benson We will use Airport Master Plan, new Millennium Square Feasibility Study, HMP and other documents to update the table. The 2013 plan will be added to the list of plans to provide historical context to readers.
Chapter 3 Native Community
Elizabeth Benson EB and MK to coordinate with local Native community, both for-profit and non-profit, to confirm contents in this chapter. Basic background not changed.
Chapter 4 Background Information Elizabeth Benson Statistical information needs to be updated. Setting description confirmed/reworded. MK – make HMP appendix to the new plan – been updates on bluff erosion project. EB – background information drives goals and policies/the foundation upon which they are built.
4.1 Settlement History
Page 186 of 420
2016 City Kenai Comprehensive Plan 97 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT
4.2 Setting Elizabeth Benson Setting needs to be reworded/updated as appropriate. 4.2.1 Climate & Environment No comments. 4.2.2 Natural Hazards Matt Kelley HMP will available mid-July 2016 and we can use that data for this section. There have been updates on bluff erosion for example.
4.3 Population,
Education, Housing
Elizabeth Benson Proposing to use state agency Department of Commerce, Community & Economic Development (DCCED) data for population, housing, economy. 2010 census used in 2013 and it won’t be updated until 2020. Confirm data with local Kenai Peninsula Economic Development District (KPEDD).
Jim Glendenning Need to recognize employment and economic opportunities that will come from the Alaska LNG Project (AKLNG).
4.5 Economy 4.5.1 Employment & Income Elizabeth Benson Going to use state agency Department of Commerce, Community & Economic Development (DCCED) data for population, housing, economy. 4.5.2 Business Indicators Elizabeth Benson Need to consult with local Chamber, KPEDD, and other groups (realtors, etc.) to update indicators. 4.5.3 Oil & Gas Industry Elizabeth Benson Jim Glendenning Describe potential employment and economic impacts that could result from the Alaska LNG Project (AKLNG). 4.5.4 Commercial Fisheries & Seafood Processing Elizabeth Benson Update as appropriate describing local activities. Review state and KPEED and other sources for information and forecasts. 4.5.5 Visitor Industry Henry Knackstedt Update as appropriate describing local activities. Review Kenai Peninsula Tourism Marketing Council, Chamber of Commerce, KPEED, and other sources for information and forecasts. Refer to City’s Dipnet Fishery Report for latest information and forecasts for personal use fishery, city dock use.
Page 187 of 420
2016 City Kenai Comprehensive Plan 98 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT Tables Brian Gabriel Streamline tables so that occupational type matches the actual occupation. With new types of agriculture (e.g., marijuana), it may be important to address this as an economic occupation. EB - Census uses standardized categories that don’t necessarily make sense.
4.5 Public Facilities &
Services
Elizabeth Benson Describe facilities and services provided by the city and those not provided. Update descriptions as needed. Highlight those services the city provides that are used by non-residents. E.g., animal control, senior center, library. Consult with city administration/public works for background information, issues. Include maps of existing services.
4.5.1 Water & Sewer Systems 4.5.2 Public Safety
4.5.3 Transportation Elizabeth Benson Describe transportation facilities and services and transit. Henry Knackstedt Include information from latest Airport Master Plan. Jeff Twait Airport is a very important economic engine to the city. Mary Bondurant City present the 2016 Plan process to the Airport Commission – April 14, 2016? 4.5.4 Parks & Recreation Rachael Craig Not enough emphasis on Kenai services provided – such as library, parks, etc. Matt Kelley We will use the latest Millennium Square feasibility study from KOOL in the 2016 plan. 4.5.5 Senior Citizen Facilities & Services Rachael Craig Important to remember that the Peninsula is becoming a “retirement” area. Families are bringing their parents here. It’s a growing population. Senior center service not just Kenai seniors but those in the region. Bob McIntosh Seniors made their contribution to this community. Senior very important and the community is what it is today because of the work of seniors.
Page 188 of 420
2016 City Kenai Comprehensive Plan 99 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT 4.5.6 Kenai Community Library Rachael Craig Library services not just city residents, but the entire area. 4.5.7 Other Services No comments. Add as identified.
4.6 City of Kenai
Finances
Elizabeth Benson Update with city administration. 4.6.1 Expenditures 4.6.2 Revenues
4.7 Forecast of
Economy, Population
& Housing Demand
Elizabeth Benson Work with P&Z commission, City Council, administration to develop assumptions about growth and how to measure/forecast it. Talk to local experts re housing growth/decline, issues, forecasts. Jeff Twait If AKLNG comes, it could create potential to benefit city. Elizabeth Benson Land ownership can drive economic development – owners decide when they want to develop their land, assemble parcels, sell, etc.
Proposed Plan Development Schedule Plan Schedule Matt Kelley Reviewed proposed schedule for next TH meeting on April 16, 2016. Go over next sections in plan – at this time considering discussing land use but may do goals and objectives. Future THs schedule is TBD. Likely there will be a third TH. P&Z commission worksessions likely to occur in May. P&Z commission public hearings likely to occur in June-July. Be sure to fill out comment sheet. Use city’s email address to comment as well. Getting the word out to involve the public in future meetings/planning process.
Ken Peterson Good advertising for this meeting. KSRM did good job. Like to see mail out. Matt Kelley Working with local Postmaster to create bulk mailer to not just land owners but all residents (i.e. apartments, businesses). Richard Kelso Like to see information from public from 2013 used in this plan. People in his neighborhood feel
Page 189 of 420
2016 City Kenai Comprehensive Plan 100 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT like they weren’t heard last time and won’t be heard this time. People drop away. Please listen to the people. Elizabeth Benson Asked Richard for suggestions on getting them involved. Richard Kelso Act in a trustworthy fashion – e.g. Walker Lane Rezone Henry Knackstedt Be careful with airport property – it has a distinct purpose and obligation to the Federal Aviation Administration (FAA). Bob McIntosh Need to build trust. Administration, City Council, P&Z Commission encourage public input. Provide commitment up front. Listen to people because they have the final say (i.e. voter approval). Should all work together. Matt Kelley City Council has the final say on whether to commit to a voter approval of the plan. Possibly go to the Borough Assembly as well. Citizen committee can be formed by anyone and they can come to City Council and P&Z meetings. Committee would be independent of the city and cannot rely on city staff for administrative support. Jeff Twait Hopefully get to a place of community trust. Get people engaged to make it work. Richard Kelso People need to be part of the solution. Hard to get involved. Lack of trust. Commission appointments are political and hard to get. Wants to go in the right direction. Henry Knackstedt Mayor does not appoint commissioners. Council votes to confirm new members. Jim Glendenning Title 29 outlines appointment process. Appointed by the council but not their “minions”.
Closed Meeting at approximately 12 noon Matt Kelley and Elizabeth Benson Thanked everyone for their participation and comments.
Page 190 of 420
2016 City Kenai Comprehensive Plan 101 July 2016
Public Hearing Draft
Kenai Comprehensive Plan 2016 Town Hall Meeting
#2
April 16, 2016 from 9 a.m. to 12 noon
Kenai Senior Center
Meeting Notes
Matt Kelley opened the meeting with introductions and presented a matrix that included 2003 and 2013 Planning Goals and Objectives. Elizabeth Benson gave an overview of the definition of a goal v. objective v. policy. Elizabeth assisted Matt with a facilitated discussion of the matrix. Participants offered comments and suggestions on the 2003 and 2013 goals and objectives. These were recorded digitally. Melissa Kelley recorded comments on flip charts and Kayla Feldman assisted with audience participation. Participants’ comments from the flip charts are organized below by commenter, topic, and comment.
TOPIC COMMENTER COMMENT
Introductions, Purpose of Meeting Agenda Matt Kelley Reviewed the agenda and purpose of the meeting. Handout: Matrix of 2003 and 2013 goals, objectives and policies
Matt Kelley Described the handout and explained how it was organized.
Definition of terms – goals, objectives, policies Elizabeth Benson Reviewed definition of goals, objectives and policies, their purpose, and how they differ
Goals Goal order Glenese Pettey Are goals listed in order of priority in the plans? Broad v specific goals Kellie Kelso 2013 goals are broad – would like clarification and more specificity e.g. 2003 goals 1 and 2 Broad v specific goals Mike Christian Prefers specificity in goals – 2003 plan gives direction Broad v specific goals Christine Hutchison Prefers some broadness in goals so new things/imagination can work
Page 191 of 420
2016 City Kenai Comprehensive Plan 102 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT City center Henry Knackstedt There are a number of city centers – use 2013 goal #1 and clarify city centers City center Matt Kelley Specific goals developed for areas in the city that were “city centers” City center Mayor Pat Porter Lief Hanson Memorial Park is a center spoke/city center Broad v specific goals Laura Sievert 2013 goals 1 and 2 too broad; 2003 goal 2 necessary; prefers specificity Broad v specific goals Matt Kelley Need to define what is meant by “quality of life” (2013 goal 1) 2013 and 2003 plan goals Glenese Pettey Combine goals 1 of 2003 with 2013 plan 2013 and 2003 plan goals Rachel Craig Agreed – see her notes on what goals to combine between the 2003 and 2013 plan
Objectives, Policies Definitions Christine Hutchison Need definitions of what is a goal, objective, policy City center Ken Peterson Map needed that describes city center – boundary to boundary City center Mike Christian There is no single “city center” – there are 3 City center Shawna Norton Specific city centers need connectivity between them; how can they work together to utilize connections. Should city encourage more city centers – by high school, Beaver Loop, etc.? Old Town Kenai Barbara Ruckman Old Town Kenai – need to keep heritage; maintain historic cabins and other buildings. Keep and maintain historic area/district. City center Richard Kelso Focus and develop city center – it’s unique; draw tourists; limit sprawl Millennium Square Pete Hanson Millennium Square development – tourism and convention center draws meetings from all over Alaska for meetings. We have abundant activities for all ages. Tourism brings jobs. Airport Barbara Ruckman Airport – need to protect/expand. Loss of airport would be detrimental. City centers Tim Navarre Multiple city centers – define and describe what development city needs/wants in each city center.
Page 192 of 420
2016 City Kenai Comprehensive Plan 103 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT E.g. Millennium Square and connectivity to other city centers. Definitions Christine Hutchison Are definitions incorporated into the plan or a separate document? Annual Report – Plan Carol Baumer Is there an Annual Report published describing the progress made on planning goals, objectives, and policies? Commercial v. Residential Richard Aber No distinct commercial zones. Preserve sanctity of residential areas. Limit commercial take-over of residential areas. Prioritize residential areas as protected. Keep commercial from “creeping in”. Comprehensive Plan requirements Glenese Pettey Originally thought a comprehensive plan was arbitrary but has since learned it is mandated by state law. Residential and office Debbie Adamson Business office next to residential areas is a problem – sets a precedent and neighborhoods can disintegrate. Limit business offices in residential areas. Business in a residence not the same as residences and offices. Neighborhoods Kellie Kelso Neighborhood should have limited commercial development. Have focus of commercial development in city centers. Industrial parks Richard Kelso Consider creating/allowing industrial parks off highway where there is infrastructure. Economy drives uses Christine Hutchison Boom-bust economy a factor in development. Public lands – city legacy Richard Kelso What is city’s legacy? Repercussions will result from what is preserved or developed. Public land (i.e. city ownership) preserved for future use and enjoyment. What about where commercial meets residential uses? Is that mixed use? Parks Barbara Ruckman Parks important – Lief Hanson Memorial and the bluff. Commercial on major streets Driveway access Tim Navarre DOT has certain rules about driveway access to major roads (sometimes it’s first-come-first-serve). Take more proactive role in regulating strip development?
Page 193 of 420
2016 City Kenai Comprehensive Plan 104 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT Consider creating/requiring dual entrances between neighboring parcels. If parcels are 5 acres or larger, they can ask for their own zone. Residential properties – there are no restrictions on tree-cutting; no buffering requirements or restrictions/regulations re tree-cutting or clear-cutting one’s own lot. Consider buffer requirements where residential backs up to commercial and industrial. Airport lands Richard Aber Airport land – city sold land with buffer strip/trees. Concerned with clear cutting buffer strips between residential and commercial. Buffer strips Christine Hutchison How are buffers enforced and monitored? Through permitting/building permits. PINK Pat Faulkenberg PINK zone – Protect Individual Neighborhoods in
Kenai. Neighborhoods need a say on development. Required v Preferred? Howard Hill Objectives/policies should require not say preferred Buffer zones? Allowable uses Mayor Pat Porter “Encourage buffers” too weak – consider requiring it. Clear cutting trees Pat Faulkenberg Concerned about duplexes next to where land was clear-cut for building were not completed. Residential and commercial Tim Navarre Comprehensive Plan does not set the rules – it’s a plan to move the city in a direction. Provides ideas that inform ordinances and rules. Residential and commercial Kit Hill Neighborhood Residential, Neighborhood Commercial, and Neighborhood Institutional: need design guidelines. Concerned with parcels being rezoned. Comprehensive plan requirements Christine Hutchison Comprehensive Plan – is it an enforceable document? City Council and P&Z are enforcement. Public lands Richard Kelso Public improvements - city-owned lands: things dedicated to conservation need to remain protected. Airport, dock Christine Hutchison Is there a new Airport Master Plan? Yes – we are using it for the comprehensive plan. There is an updated Airport Layout Plan. Re docks – does the plan identify policy re docks and include definition?
Page 194 of 420
2016 City Kenai Comprehensive Plan 105 July 2016
Public Hearing Draft
TOPIC COMMENTER COMMENT Dock Matt Kelley Tidelands - city owns tidelands; leased out; not addressed in comp plan presently Educational zones Mayor Pat Porter Educational zones and where should zones be Bike path connections Glenese Pettey Need bike path connection across Bridge Access Road – designated as path. Trails Henry Knackstedt Unity Trail – completed Tim Navarre Trail is a city and state project. Natural setting Richard Aber Natural setting- want these open spaces and conservation areas to be kept. Christine Hutchison Land use meeting – will we see this include. Matt & Elizabeth Incorporation of this information gathering will be used to create draft land use map Land use v zoning Henry Knackstedt Difference between land use and land zoning – conservation within the airport is different type of conservation than thought of. Airport conservation is conserved for airport uses. Need to clarify differences in terminology. 2013 and 2003 plans Mayor Pat Porter Clarify 2013 to be used as a draft. Pete Hanson 2003 Plan more direct; 2013 Plan lays out strategies. Tim Navarre 2013 Plan includes information not available in 2003 Plan Christine Hutchison Terminology has changed.
Closed Meeting at approximately 12 noon Matt Kelley and Elizabeth Benson Thanked everyone for their participation and comments.
Page 195 of 420
2016 City Kenai Comprehensive Plan 106 July 2016
Public Hearing Draft
Kenai Comprehensive Plan 2016 Town Hall Meeting #3
April 26, 2016 from 6:00 p.m. to 9:00 p.m.
Kenai Senior Center
Meeting Notes
Matt Kelley opened the meeting with introductions and purpose of the meeting. He explained that he would be displaying the City’s Geographical Information System (GIS) data to support the discussion of land use classifications. Elizabeth Benson gave an overview of the difference between land use classifications and zoning designations. Elizabeth led the participants through a matrix/table that described the current 2003 (adopted) land use classifications and the draft classifications from the proposed 2013 plan. Matt used GIS to display and compare the land use maps from both plans. Participants asked questions and offered comments about the 2003 and 2013 land use maps, the land use classifications, and uses allowed within each. Participants’ comments were recorded on flip charts by Melissa Kelley as well as digitally. Willie Anderson, City Planning Technician, assisted with audience participation. Participants’ comments from the flip charts are organized in the table below. The table has been developed in the same format as the Land Use Matrix discussed at the Town Hall.
Town Hall #3
Comment &
Commenter
2003 Plan Land Use
Classification
2013 Proposed Land
Use Classification
Residential Land Use Classifications
Elizabeth Benson presented
definitions of neighborhood
and suburban residential and
asked about institutional uses
and neighborhood
commercial.
Matt Kelley displayed the
2003 and 2013 classification
in GIS.
Neighborhood Residential Suburban Residential
1. Jeff Twait - Keys Point and Shoreline Heights are examples of Rural Residential subdivisions
The Rural Residential district includes areas that, due to location or site conditions, are The Suburban Residential district consists of single-family and multi-family
Page 196 of 420
2016 City Kenai Comprehensive Plan 107 July 2016
Public Hearing Draft
Town Hall #3
Comment &
Commenter
2003 Plan Land Use
Classification
2013 Proposed Land
Use Classification
2. Glenese Pettey - Clarify that neighborhood residential intended for areas that have public water and sewer or it is planned, smaller lots, paved streets and that rural residential intended for areas with larger lots, no public water and sewer available (yet), and gravel streets. 3. Kellie Kelso - Neighborhood commercial uses should not be allowed in neighborhoods. 4. Sandy Ashbrook - There is inconsistency in Neighborhood Residential –clarify wording re having public sewer and water planned and instead include terminology “would be planned” or “could be planned”. E.g. Wildwood subdivision. 5. Russell Sonberg– MAPS area – how will it be affected by plan? There is no proposal to change from Neighborhood Residential 6. Laura Sievert– do not allow change in plan classification to allow small scale commercial – it’s not allowed now. 7. Glenese Pettey– need to define small scale commercial – does it include home-based businesses like photography, midwife?
best suited for large-lot single-family residential development. Homes in this district typically rely on individual on-site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools, and daycare facilities may be intermixed if they comply with zoning design guidelines. Small home- based businesses may be accommodated within certain design guidelines.
residential areas that are urban or suburban in character. The area is higher density, lots are typically smaller and public water and sewer services are required or planned. Streets should be developed to a paved standard and larger subdivisions should provide sidewalks and public areas.
Elizabeth and Matt described
the rural residential
classification from the 2013
and 2003 plan and in GIS.
Rural Residential Rural Residential
Page 197 of 420
2016 City Kenai Comprehensive Plan 108 July 2016
Public Hearing Draft
Town Hall #3
Comment &
Commenter
2003 Plan Land Use
Classification
2013 Proposed Land
Use Classification
Asked for input on the intent
and location of the
classification using the 2003
and 2013 GIS. 1. Laura Sievert - what about conditional use permit process for institutional and home businesses in Rural Residential 2. Sandy Lashbrook – should not include mobile home parks – should be classified as mixed use; be designated as it is; get rid of the “non-conforming” designation. Kenai Peninsula Borough designates mobile homes as commercial. Should not include mobile home parks – should be classified as mixed use; be designated as it is; get rid of the “non-conforming” designation. Kenai Peninsula Borough designates mobile homes as commercial.
The Rural Residential district includes areas that, due to location or site conditions, are best suited for large-lot single-family residential development. Homes in this district typically rely on individual on-site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools, and daycare facilities may be intermixed if they comply with zoning design guidelines. Small home- based businesses may be accommodated within certain design guidelines.
The Rural Residential district includes areas that, due to location or site conditions, are best suited for large-lot single-family low-density residential development. Homes in this district typically rely on individual on-site water supply and wastewater disposal systems. Streets typically are gravel and subdivisions do not include sidewalks.
Commercial Land Use Classifications
Elizabeth and Matt described
the central and commercial
classifications from the 2013
and 2003 plan and in GIS.
Central Commercial Commercial
1. Kellie Kelso – keep buffer between Three Bears and neighborhood residential. Suggest open space designation buffer. 2. Henry Knackstedt – land is city-owned and has deed restrictions 3. Jim Glendenning– re commercial along arterials - have arterials been
The Central Commercial district supports retail, service, and office businesses that serve all of Kenai and the larger region. It is the Kenai sub-region’s main commercial district. Retail, service, office, and public uses predominate.
The Commercial district is intended to create a concentrated, vibrant, and attractive downtown business district which is convenient to both motorists and pedestrians. The district is designed to attract commerce
Page 198 of 420
2016 City Kenai Comprehensive Plan 109 July 2016
Public Hearing Draft
Town Hall #3
Comment &
Commenter
2003 Plan Land Use
Classification
2013 Proposed Land
Use Classification
identified? 4. Kellie Kelso – are arterial and other road classifications different? 5. Henry Knackstedt – identified same 6. Kellie Kelso – is neighborhood commercial along arterials? 7. Sandy Lashbrook – land use should match what is existing. Neighborhood commercial should not be pushed into commercial? Mixed use does not go all along the highway. Booths Landscaping should be mixed use. Should not include mobile home parks – should be classified as mixed use; be designated as it is; get rid of the “non-conforming” designation. Kenai Peninsula Borough designates mobile homes as commercial. 8. Jim Glendenning– rural residential allows for multi-family. 9. Sandy Lashbrook – rural residential includes terminology “low density” – should have low density removed. 10. Matt Kelley– replied that city could consider mobile home park land use classification.
Non-commercial uses, such as public offices, institutional uses, and dwellings may be appropriate among commercial uses within mixed use areas.
from within and beyond the community itself.
Elizabeth and Matt described
neighborhood commercial
classification from the 2013
and 2003 plan and in GIS –
continued discussion of
Neighborhood Commercial Neighborhood Commercial –
not a specific classification
Page 199 of 420
2016 City Kenai Comprehensive Plan 110 July 2016
Public Hearing Draft
Town Hall #3
Comment &
Commenter
2003 Plan Land Use
Classification
2013 Proposed Land
Use Classification
commercial uses in residential
areas. The Neighborhood Commercial district applies to areas along the arterial road system that are suitable for small-scale neighborhood-serving retail, service, and office uses.
No other commercial land use classifications included in 2013 draft.
Elizabeth and Matt described
the mixed use classifications
from the 2013 and 2003 plan
and in GIS. Asked about the
purpose of the mixed use and
where it should be located,
using the 2013 and 2003 GIS.
Mixed Use Mixed Use
The Mixed Use district fosters a compatible mix of retail, service, office, public, institutional recreational and multi-family residential uses. The district does not prescribe specific proportions for these uses, only that all these uses are desirable within the district. Mixed uses are particularly desirable in the Townsite Historic District and City Center overlay zone.
The Mixed Use district fosters a compatible mix of retail, service, office, public, institutional, recreational and residential uses. The district does not prescribe specific proportions for these uses, only that all these uses are desirable within the district. The Mixed Use classification should accommodate existing similarly developed areas and areas along corridors to provide transitions between the corridor and residential zones.
Elizabeth and Matt described
the institutional classification
from the 2013 and 2003 plan
and in GIS. Asked about
whether these uses should be
Institutional – not specific
classification
Institutional
Page 200 of 420
2016 City Kenai Comprehensive Plan 111 July 2016
Public Hearing Draft
Town Hall #3
Comment &
Commenter
2003 Plan Land Use
Classification
2013 Proposed Land
Use Classification
incorporated into existing
classes or have a separate one
as suggested by the 2013
draft. 1. Jeff Twait – see the 2003 map for location of institutional classification. Institutional land uses were not separated out – they were identified as potentially acceptable in residential and commercial classifications provided they are compatible and meet design standards. City uses zoning regulations to address actual location, siting and design of institutional uses.
The institutional district provides an area in which government and tax exempt institutions can offer social and cultural amenities to the citizens of the community. The primary use is public, non-profit, and quasi-public uses including government offices and facilities, schools, churches, and other community-service oriented facilities.
Industrial Land Use Classification
Elizabeth and Matt described
the industrial classifications
from the 2013 and 2003 plan
and in GIS. Asked if additional
industrial classes should be
added.
Industrial Industrial
No specific comments on industrial classification. The Industrial district identifies areas reserved for manufacturing, warehousing, trucking, marine-related industry and storage, and similar industrial activities. City utilities and safe, convenient vehicular access is critical. Buffers between industrial uses and adjacent non-industrial uses are desirable.
The institutional district provides an area in which government and tax exempt institutions can offer social and cultural amenities to the citizens of the community. The primary use is public, non-profit, and quasi-public uses including government offices and facilities, schools, churches, and other
Page 201 of 420
2016 City Kenai Comprehensive Plan 112 July 2016
Public Hearing Draft
Town Hall #3
Comment &
Commenter
2003 Plan Land Use
Classification
2013 Proposed Land
Use Classification
community-service oriented facilities.
Matt discussed recent
adoption of a Light Airport
Industrial Zoning
Classification to implement
the recommendations and
land use map from the 2003
Comprehensive Plan.
Airport Industrial Airport Industrial – not
specific classification
No specific comments on airport industrial classification. The Airport Industrial district identifies airport lands reserved for the Kenai Municipal Airport and its future expansion, and tracts needed for present and future aviation-related uses and activities.
Airport-specific industrial land use classification not included in 2013 draft plan.
Conservation – Parks, Recreation - Open Space
Elizabeth Benson – explained
what is included in the
proposed 2013 and existing
2003 plan. Asked if both are
needed or if definitions need
to be retained, updated, etc.
Conservation Parks, Recreation, Open
Space
1. Richard Aber – keep conservation as it is currently classified. Different than parks, recreation, open space – people bought parcels that were near conservation lands – and believed they would never be developed. Don’t want these parcels to be developed. 2. Glenese Pettey– conservation definition – land was meant to be reserved for future use not
The Conservation district applies to public lands whose primary use is open space, recreation, fish and wildlife habitat, drainage ways, floodplain, and wetlands. Some public improvements may be appropriate within appropriate design guidelines.
This classification includes public recreation facilities, as well as undeveloped lands intended to provide for conservation of natural or scenic resources. These areas can be used for a variety of passive and active outdoor and indoor sports and recreational activities. Areas that may provide future natural
Page 202 of 420
2016 City Kenai Comprehensive Plan 113 July 2016
Public Hearing Draft
Town Hall #3
Comment &
Commenter
2003 Plan Land Use
Classification
2013 Proposed Land
Use Classification
yet determined. Need distinction between conservation (2003) and parks, recreation, open space (2013). 3. Kellie Kelso – wants a land use designation for “leave this alone” – no development of conservation classification. 4. Jeff Twait – land use classifications need to be match with zoning – consider possibly changing naming conventions for conservation.
resource development should be included in this category.
Matt Kelley reviewed the plan development process. There is a meeting with the Kenai Chamber of Commerce on May 11. There will be 2-3 Planning & Zoning Commission Work Sessions in May with public hearings in June. The plan will likely go to the City Council in July. Meeting Adjourned at around 8:55 p.m.
Page 203 of 420
Page 204 of 420
Page 205 of 420
Page 206 of 420
Page 207 of 420
Page 208 of 420
Page 209 of 420
Page 210 of 420
Page 211 of 420
Page 212 of 420
Page 213 of 420
Page 214 of 420
Page 215 of 420
Page 216 of 420
Page 217 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 218 of 420
Page 219 of 420
Page 220 of 420
Page 221 of 420
Page 222 of 420
Page 223 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 224 of 420
Page 225 of 420
Page 226 of 420
Page 227 of 420
Page 228 of 420
Page 229 of 420
Page 230 of 420
Page 231 of 420
Page 232 of 420
Page 233 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 234 of 420
Sponsored by: Mayor Porter
CITY OF KENAI
ORDINANCE NO. 2916-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC
CHAPTER 12.10-NUISANCES IN GENERAL, TO INCLUDE ABANDONED STRUCTURES,
CHANGE THE ENFORCEMENT PROCESS, AND MAKE OTHER MATERIAL AND
HOUSEKEEPING CHANGES.
WHEREAS, Kenai Municipal Code Chapter 12.10-Nuisances in General, prohibits,
defines and provides the enforcement procedures for nuisances in the City; and,
WHEREAS, the City, as a home rule municipality, has the authority to regulate public
nuisances to promote public peace, health, safety and welfare; and,
WHEREAS, aside from the inclusion of burned or otherwise destroyed buildings as a
nuisance in 2010, Chapter 12.10 has not been updated since its inception and is in
need of updating in order to be consistent with the City’s current enforcement
procedures and composition; and,
WHEREAS, including a statement of purpose and intent in Chapter 12.10 provides
general guidance in enforcement and notice to the community; and,
WHEREAS, including certain abandoned structures that are wrecked, scrapped,
disassembled, unusable, burnt, inoperable or unrepairable is intended to both
discourage the abandonment of these structures and provide a means to enforce their
removal in the interest of public health safety and welfare; and,
WHEREAS, abandoned structures in a state a disrepair can have a negative effect on
property values, be an attractive nuisance for minors, a source of insect infestation and
harbor for vermin as well as impact the community in other negative ways; and,
WHEREAS, more detailed descriptions of other nuisances are needed to make them
easier to enforce and provide improved notice to the public of what is prohibited; and,
WHEREAS, the current enforcement procedures in KMC 12.10.020 for nuisances that
do not constitute a grave and immediate danger provide for a process whereby suspected
public nuisances are brought to the Council for a determination as to whether a
nuisance exists and provides for Council to direct abatement; and,
WHEREAS, it is consistent with other City enforcement procedures to amend KMC
12.10.020 to Administration to issue notices of violations and enforcement orders, with
specific notice requirements and an appeal right to the Board of Adjustment and
abatement proceedings enforced through the superior court; and,
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 235 of 420
Ordinance No. 2916-2016
Page 2 of 7
WHEREAS, in order to facilitate the removal of nuisances, it is in the best interest of the
City to allow, but not require, the City to remove nuisances with the owner’s permission
at the City’s whole or partial costs, when it can be shown that the removal of the
nuisance would be an undue financial hardship to the owner of the property; and
WHEREAS, providing for a civil penalty of $50 for violations of the City’s nuisance law
is reasonably intended to deter nuisances and encourage prompt compliance; and,
WHEREAS, adding definitions to KMC Chapter 12.10, reorganizing the existing sections,
and making other housekeeping changes will help facilitate the administration of the
chapter and provide improved notice to the public.
WHEREAS, at its regular meeting of August 24, 2016 the Planning and Zoning
Commission recommended the Council ______________________________ this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Chapter 12.10 of the Ke nai Municipal Code: That Kenai
Municipal Code, Chapter 12.10-Nuisances in General, is hereby amended as follows:
Chapter 12.10 NUISANCES IN GENERAL
12.10.005 Purpose and Intent.
The Purpose and intent of this Chapter is to promote the peace, health, safety
and welfare of the public through the regulation of nuisances.
12.10.008 Public Nuisance Unlawful.
It is unlawful for any person (owner, lessee, or other) to create or maintain a
public nuisance within the City, or to permit a public nuisance to remain on premises
under his or her control within the City.
12.10.010 Public Nuisances [DEFINITIONS].
In addition to other public nuisances declared by other sections of this Code, the
following are hereby declared to be public nuisances:
(a) The sale or offering for sale of unwholesome food or drink or a place where
such sales or offerings are made;
(b) The sale, offering for sale, or furnishing of intoxicating liquor in violation
of the State law or ordinances of the City, or a place where intoxicating liquor is
sold, offered for sale, or furnished in violation of the State law or ordinances of
the City;
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 236 of 420
Ordinance No. 2916-2016
Page 3 of 7
(c) The exposure, display, sale, or distribution of obscene pictures, books,
pamphlets, magazines, papers, documents, or objects, or a place where such are
exposed, displayed, sold, or distributed;
(d) A place where persons gamble, whether by cards, slot machines, punch
boards, or otherwise;
(e) A place where prostitution, illicit sexual intercourse, or other immoral acts
are practiced;
(f) A place where activities in violation of State law or ordinance are carried
on;
(g) The public exposure of a person having a contagious disease;
(h) The continued making of loud or unusual noises which annoy persons of
ordinary sensibilities, or the keeping of an animal which makes such noises;
(i) The operation or use of any electrical apparatus or machine which
materially and unduly interferes with radio or television reception by others;
(j) Any use of a street or sidewalk or a place adjacent thereto which causes
crowds of people to gather so as to obstruct traffic on such street or sidewalk or
which otherwise obstructs traffic thereon, except as may be authorized by law or
ordinance;
(k) All ditches, drains, wells, pools, cisterns, bodies, or containers of water in
which mosquitoes other insects, vermin, or other pests breed or are likely to breed
in a manner that[, OR WHICH ARE SO CONSTRUCTED, FORMED,
CONDITIONED, OR SITUATED AS TO] endangers the public health or safety or
are not properly constructed, fenced or barricaded so as to endanger public
health or safety;
(l) [RANK WEEDS OR GRASS,]Carcasses, accumulations of manure or
sewage, refuse, or other things which are or are likely to be breeding places for
flies, mosquitoes, vermin, or disease germs;
(m) Any building or structure which is dangerous to the public health or safety
because of damage, decay, or other condition;
(n) Any pit, hole, or other thing which is so constructed, formed, conditioned,
and/or situated as to endanger the public safety;
(o) Any fire or explosion hazard which endangers the public peace, health,
safety, or welfare, including but not limited to unprotected or improperly stored
concentrated quantities of gasoline, oil, or other flammable or explosive
materials;
(p) Any occupation or activity which endangers the public peace, health,
safety, morals or welfare; and
(q) Any building or structure that is partially or wholly burned or otherwise
partially destroyed by other means and that is hazardous to the safety of any
person, a continuing fire hazard, or is structurally unsound to the extent that
there is a likelihood of injury to any person entering the structure.
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 237 of 420
Ordinance No. 2916-2016
Page 4 of 7
(r) Any abandoned residential or commercial structure that has not been
connected to water or electrical utilities or an alternative adequate source of the
same for a period in excess of 180 days or is otherwise documented by City
personnel to be unoccupied for a period in excess of 180 days, and is determined
to be a nuisance because it is wrecked, scrapped, disassembled, unusable, burnt,
inoperable or unrepairable.
12.10.020 Enforcement and Abatement of [P]Public [N]Nuisances.
(a) Public nuisances constituting a grave and immediate danger. Some public
nuisances are of such nature as to constitute a grave and immediate danger to
the public peace, health, safety, morals, or welfare. It is recognized that
circumstances may be such as to justify, and even to require, the City
Administrator or other appropriate officer or agency of the City government to
take immediate and proper action to abate such nuisances, or to reduce or
suspend said danger until more deliberate action can be taken toward such
abatement.
[(B) THE CHIEF OF THE FIRE DEPARTMENT, THE CHIEF OF POLICE, AND
CITY HEALTH OFFICER, THE BUILDING OFFICIAL, ELECTRICAL INSPECTOR,
THE PLUMBING INSPECTOR, OR ANY OTHER OFFICER SUBORDINATE TO THE
CITY ADMINISTRATOR MAY SUBMIT, THROUGH OR WITH THE CONSENT OF
THE CITY ADMINISTRATOR TO THE CITY COUNCIL, A STATEMENT AS TO THE
EXISTENCE OF A PUBLIC NUISANCE AS DEFINED BY KMC 12.10.010 OR BY
OTHER SECTIONS OF THE ORDINANCES OF THE CITY, AND A REQUEST OR
RECOMMENDATION THAT IT BE ABATED. THE CITY ADMINISTRATOR
HIMSELF, THE MAYOR, ANY COUNCILMAN, OR ANY RESIDENT OR RESIDENTS
OF THE CITY MAY SUBMIT SUCH A STATEMENT, REQUEST, OR
RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL SHALL
DETERMINE WHETHER OR NOT THE ALLEGED PUBLIC NUISANCE IS A
PUBLIC NUISANCE IN FACT. FOR THE PURPOSE OF GATHERING EVIDENCE
ON THE SUBJECT, THE COUNCIL SHALL HAVE POWER TO SUBPOENA AND
EXAMINE WITNESSES, BOOKS, PAPERS, AND OTHER EFFECTS. BEFORE
PROCEEDING TO ABATE THE NUISANCE OR TO HAVE IT ABATED, THE
COUNCIL SHALL GIVE NOTICE OF A HEARING ON THE PROPOSED
ABATEMENT TO THE OWNER OF PROPERTY CONCERNED AND TO ANY
OTHER PERSON ALLEGED OR DEEMED RESPONSIBLE FOR OR TO BE
CAUSING THE PUBLIC NUISANCE, AND AN ADEQUATE OPPORTUNITY TO BE
HEARD IF SUCH NOTICE AND OPPORTUNITY FOR HEARING CAN BE GIVEN.
SUCH NOTICE TO THE OWNER AND OTHER PERSONS CONCERNED SHALL
BE GIVEN IN WRITING BY REGISTERED OR CERTIFIED MAIL OR BY SERVICE
BY A POLICE OFFICER IF THEIR NAMES AND ADDRESSES ARE KNOWN; BUT,
IF THE NAMES OR ADDRESSES ARE NOT KNOWN, AND THE PUBLIC PEACE,
HEALTH, SAFETY, MORALS, OR WELFARE WOULD NOT BE UNDULY
JEOPARDIZED BY THE NECESSARY DELAY, A NOTICE OF THE HEARING
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 238 of 420
Ordinance No. 2916-2016
Page 5 of 7
SHALL BE PUBLISHED IN A PAPER OF GENERAL CIRCULATION WITHIN THE
CITY.
(C) IF THE COUNCIL FINDS THAT A PUBLIC NUISANCE DOES IN FACT
EXIST, IT SHALL DIRECT THE OWNER AND/OR OTHER PERSONS
RESPONSIBLE FOR OR CAUSING THE PUBLIC NUISANCE TO ABATE IT WITHIN
A SPECIFIED TIME IF THE PUBLIC INTEREST WOULD NOT BE UNDULY
JEOPARDIZED BY THE CONSEQUENT DELAY. IF THE PUBLIC INTEREST
WOULD BE UNDULY JEOPARDIZED BY THE CONSEQUENT DELAY, OR IF THE
OWNER OR OTHER PERSONS RESPONSIBLE FOR OR CAUSING THE PUBLIC
NUISANCE DO NOT ABATE IT WITHIN THE SPECIFIED TIME, THE COUNCIL
SHALL DIRECT THE CITY ADMINISTRATOR TO ABATE THE PUBLIC NUISANCE
OR TO HAVE IT ABATED IF SUMMARY ABATEMENT IS PRACTICAL. THE COSTS
AND EXPENSES INCURRED BY THE CITY IN SUCH ABATEMENT SHALL BE
CHARGEABLE TO THE OWNER, AND LEVIED AND COLLECTED AS PROPERTY
TAXES ARE LEVIED AND COLLECTED.
(D) THE PROCEDURES FOR ABATING OR DEALING WITH PUBLIC
NUISANCES AS PRESCRIBED IN THIS SECTION SHALL BE CUMULATIVE AND
IN ADDITION TO ANY OTHER PROCEDURES AUTHORIZED BY LAW OR
ORDINANCE.]
(b) Other Public Nuisances. The City Planner, Building Official, Chief of Police,
Chief of the Fire Department or their designees may issue a Notice of Violation or
Enforcement Order to the property owner, lessee, occupant, or person(s) causing
or responsible for the nuisance(s).
(c) The Notice or Order must be provided by personal service, service of
process, or certified mail, return receipt requested. If after due diligence, the
appropriate persons or location of said persons cannot be discovered, the Notice
or Order must be conspicuously posted on the subject property.
(d) The Notice or Order must:
1. identify the property and describe the nuisance thereon to be
removed, abated or remedied,
2. direct that the nuisance be removed, abated, or remedied,
3. provide a reasonable time period in which to comply, not to exceed
90 days,
4. state that the continued violation of the provisions of this chapter
is subject to a penalty of up to $50.00 a day,
5. state that the City may seek a court order to remove, abate or
remedy the nuisance if appropriate action is not taken during the
allowable time period,
6. state that costs incurred by the City to remove, abate or remedy the
nuisance, if not paid by the violator(s) may become a lien on the real or
personal property upon which the nuisance is located, notify the violator(s)
of a right to appeal the notice or order to the Board of Adjustment as
provided in KMC 14.20.290 Appeals-Board of Adjustment, and
7. inform the owner of the real property on which the nuisance is
located, that the City may remove the nuisance at its costs or partial costs
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 239 of 420
Ordinance No. 2916-2016
Page 6 of 7
if the owner can show that the cost of removal or repair would result in
undue financial hardship. The City however is not obligated to remove any
abandoned nuisance.
(e) Abatement. After appropriate notice, and if applicable, a hearing and
appeal, the City may seek an Order, in Superior Court, to remove any nuisance
from private property and recovery of associated costs, fees, penalties and
interest
12.10.030 Penalties.
(a) The City may assess a civil penalty of $50.00 for a violation of this Chapter.
Each day in which the violation occurs or continues constitutes a separate
offense. The City also may apply additional penalties and interest to any
unpaid penalty amounts consistent with KMC 1.75.010-Computation.
(b) Nothing in this Chapter may be construed to limit the legal authority or
powers of the City to enforce other laws or otherwise carry out duties
regarding nuisances.
12.10.040. Definitions.
(a) “Property Owner” means the owner shown on the latest tax assessment
roll.
(b) “Structure” means that which is built or constructed, an edifice, or a
building of any kind, composed of parts joined together in some definite
manner.
(c) “Undue Financial Hardship” is determined based on the following:
[12.10.030 PUBLIC NUISANCE UNLAWFUL.
IT IS UNLAWFUL FOR ANY PERSON (OWNER, LESSEE, OR OTHER) TO CREATE
OR MAINTAIN A PUBLIC NUISANCE WITHIN THE CITY, OR TO PERMIT A PUBLIC
NUISANCE TO REMAIN ON PREMISES UNDER HIS OR HER CONTROL WITHIN THE
CITY. ]
Annual income as a
Percent of current Health
& Human Services (HHS)
Poverty Guidelines for
Alaska
Percent of Cost reduced
1 – 100% 100% Waiver
101 – 149% 75% Waiver
150-174% 50% Waiver
175-199% 25% Waiver
200% plus No Waiver
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 240 of 420
Ordinance No. 2916-2016
Page 7 of 7
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.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of
September, 2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: August 17, 2016
Enacted: September 7, 2016
Effective: October 7, 2016
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 241 of 420
MEMORANDUM
TO: Council Members
THROUGH: Mayor Porter
FROM: Scott M. Bloom, City Attorney
DATE: August 11, 2016
SUBJECT: Ordinance 2916-2016
This Ordinance makes significant to the City’s code on nuisances. Aside from including
more descriptive definitions of existing nuisances, the proposed changes include new
procedures for enforcement and include abandoned structures that are wrecked, scrapped,
disassembled, unusable, burnt or unrepairable as a nuisance.
This process began with an attempt to address abandoned mobile homes, however, after
works sessions with the Planning and Zoning Commission and valuable public comment
at those meetings, it was recognized that there was little reason to single out mobile
homes and that the City’s procedures in addressing nuisances should be reviewed in their
entirety. The Planning and Zoning will consider the proposed changes at its regular
meeting on August 24, 2016.
The following is a sectional analysis of the changes proposed by the ordinance:
• Addition of new section 12.10.005: this new section provides a statement on the
purpose and intent of the City’s nuisance code, which is to promote the peace,
health, safety and welfare of the public
• Renumber existing KMC 12.10.030, which describes the prohibited conduct, from
the end of the Chapter to the beginning as KMC 12.10.008 for purposes of clarity
and flow.
• The title of KMC 12.10.010 is changed from “Definitions” to “Public Nuisances”
because the section declares what public nuisances are, as opposed to providing
definitions in a manner consistent with other Chapters of the Municipal Code.
• KMC 12.10.010 (k) describing certain man made water bodies as nuisances is
amended to clarify that these are nuisances when they are breeding grounds for
not just mosquitos but other pests and a danger to public health and safety because
of that or because they are not properly protected from the public through fencing
or other means that protects public health or safety.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.kenai.city
Page 242 of 420
Mayor Porter and City Councilors
DATE HERE
Page 2 of 2
• KMC 12.10.010(l) is amended to remove “rank weeds or grass” because it is not
clear what this is intended to prevent. The subsection is further amended to include
accumulation of sewage as a nuisance.
• KMC 12.10.010(o) dealing with fire and explosive hazards in amended to include
as a nuisance unprotected or improperly stored concentrated quantities of
explosive and flammable materials.
• KMC 12.10.010(r) is added to include as a nuisance, residential or commercial
structures abandoned for at least 180 days and that are wrecked, scrapped,
disassembled, unusable, burnt, inoperable, or unrepairable. This description differs
from the existing subsection (q) that targets burned or otherwise destroyed
buildings that are hazardous to a person’s safety, a continuing fire hazard, or
structurally unsound in that the abandoned structure need not be “destroyed” to be
a nuisance if it has been abandoned and meets other criteria that are targeted
towards the structure being an attractive nuisance or unlikely to reasonably be
repaired. Abandoned buildings in a state of disrepair can negatively affect
surrounding property values as well as have other negative effects on the
community.
• The Title of KMC 12.10.020 “Abatement of public nuisances” is amended to
include Enforcement and Abatement for purposes of descriptive clarity.
• KMC 12.10.020(a) addressing abatement of nuisances constituting a grave and
immediate danger is left as is, except that a descriptive subtitle is added. This
subsection allows the City to take immediate action against grave and immediate
dangers.
• Existing KMC 12.10.020(b)(c) and (d) dealing with nuisances that are not a grave
and immediate danger are deleted in their entirety and replaced with new
subsections. These deleted subsections provide a process whereby complaints of
nuisances are initially brought to Council for a determination and decision on
abatement after a public hearing. This procedure has not been utilized in recent
history and is inconsistent with other enforcement procedures in code. This
process also has the potential to lend itself to inconsistent outcomes. The new
subsections, consistent with existing enforcement procedures in other sections of
the Municipal Code allow for administrative enforcement with an appeal right to
the Board of Adjustment and a requirement that the City obtain a court order
prior to conducting its own abatement on private property. The new sections also
allow for the City and property owners that can show that abating the nuisance
would constitute a financial hardship to work together to abate the nuisance at part
or all of the City’s costs.
• A new Section KMC 12.10.030 provides for a $50 civil penalty for violations of
the chapter.
• A new Section 12.10.040 provides definitions for “property owner”, “structure”
and “financial hardship”
C:\Users\smodigh\Desktop\Memo on nuisances.docx
Page 243 of 420
Mayor Porter and City Councilors
DATE HERE
Page 3 of 2
Your consideration is appreciated.
C:\Users\smodigh\Desktop\Memo on nuisances.docx
Page 244 of 420
Page 245 of 420
Page 246 of 420
Page 247 of 420
Page 248 of 420
Page 249 of 420
Page 250 of 420
Page 251 of 420
Page 252 of 420
Page 253 of 420
Page 254 of 420
Page 255 of 420
Page 256 of 420
Page 257 of 420
Page 258 of 420
Page 259 of 420
Page 260 of 420
Page 261 of 420
Page 262 of 420
Page 263 of 420
Page 264 of 420
Page 265 of 420
Page 266 of 420
Page 267 of 420
Page 268 of 420
Page 269 of 420
Page 270 of 420
Page 271 of 420
Page 272 of 420
KENAI CITY COUNCIL – REGULAR MEETING
AUGUST 17, 2016 – 6:00 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 August 17, 2016, in City Hall Council
Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 6:00 p.m.
1. Pledge of Allegiance
Mayor Porter led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Pat Porter, Mayor Robert Molloy
Henry Knackstedt Tim Navarre
Terry Bookey Brian Gabriel, Vice Mayor
Mike Boyle
A quorum was present.
Also in attendance were:
**Mackenzie Lindeman, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy Clerk
3. Agenda Approval
Mayor Porter noted the following additions to the packet and revisions to the agenda:
Move Item D.4. to
Be taken up prior to D.1. Ordinance No. 2911-2016
Add to Information Items Correspondence from Sheila Holtzen
MOTION:
Council Member Molloy MOVED to approve the agenda with requested additions to the packet
and revisions to the agenda and requested UNANIMOUS CONSENT. Council Member
Knackstedt SECONDED the motion.
Page 273 of 420
City of Kenai Council Meeting Page 2 of 8
August 17, 2016
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS
CONSENT. Council Member Knackstedt SECONDED the motion.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate
discussion of these items unless a council member so requests, in which case the item
will be removed from the consent agenda and considered in its normal sequence on
the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
C. UNSCHEDULED PUBLIC COMMENTS
Charlotte Yamada requested that consideration be given to the proposal for purchasing the former
bowling alley property that proposes to maintain the facility as a bowling alley as the residents of
Kenai need something else to do.
D. PUBLIC HEARINGS
4. Ordinance No. 2911-2016 – Accepting and Appropriating a Donation of Camera
Equipment from the Friends of the Kenai Community Library.
[Clerk’s Note: This item was moved at approval of the agenda.]
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 2911-2016 and the motion was
SECONDED by Council Member Gabriel.
Mayor Porter opened the public hearing.
Dee Castle spoke in favor of the ordinance noting that the library provides a positive place for the
people of Kenai and that the Friends of the Kenai Library was disappointed to learn that the library
had been vandalized, had enough funding to donate for the cameras, and was happy to do so.
There being on one else wishing to be heard, public comment was closed.
VOTE:
Page 274 of 420
City of Kenai Council Meeting Page 3 of 8
August 17, 2016
YEA: Knackstedt, Bookey, Porter, Molloy, Boyle, Navarre, Gabriel
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
1. Ordinance No. 2908-2016 - Approving and Adopting a Revised 2030 Comprehensive
Plan Updated in 2016 for the City of Kenai and Recommending Adoption by the Kenai
Peninsula Borough.
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 2908-2016 and the motion was
SECONDED by Council Member Navarre.
Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment
was closed.
It was noted that a few minor changes had been suggested to staff during the work session and
that those recommendations would come forth as amendments for the next meeting.
Some additional changes suggested included AVTEC did not have a facility here and should be
removed; old data regarding retail space should be removed; the ref erence to Clint Hall Assisted
Living Center should be changed to Terrace Place; information regarding the airport leasing
property to the shop should be clarified as some of the property was general fund land; reference
to the bird viewing platform could be changed to wildlife viewing platform; senior citizen’s data
should be updated from 2012 data; CARTS should be removed from the references to agencies
that are supported as funding had been removed from the budget. It was agreed that the
additional suggestions would also be put forth as amendments for the next meeting.
MOTION:
Council Member Bookey MOVED to postpone to September 7 and the motion was SECONDED
by Council Member Gabriel. UNANIMOUS CONSENT was requested
VOTE: No objection; SO ORDERED.
It was clarified that the Ordinance would appear on the agenda under public hearings to provide
for a second public hearing.
2. Ordinance No. 2909-2016 – Waiving Certain Provisions of KMC Chapter 11.20-Leasing
of Tidelands, to Classify for Leasing a 3.29 Acre Portion of Tideland Survey No. 272 within
Section 35, Township 6 North, Range 12 West, Seward Meridian and Authorizing the City
Manager to Enter into a Shore Fishery Lease with Laura Maccabee for the 3.29 Acre
Portion.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2909-2016 and the motion was
SECONDED by Council Member Knackstedt.
Page 275 of 420
City of Kenai Council Meeting Page 4 of 8
August 17, 2016
Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment
was closed.
VOTE:
YEA: Knackstedt, Bookey, Porter, Molloy, Boyle, Navarre, Gabriel
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 2910-2016 – Waiving Certain Provisions of KMC Chapter 11.20-
Leasing of Tideland, to Classify for Leasing Tract 4, Shore Fishery Plat No. 71, within
Section 35, Township 6 North, Range 12 West, Seward Meridian And Authorizing The
City Manager To Enter Into A Shore Fishery Lease with the Kenai Salmon Company
For Tract 4.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2910-2016 and the motion was
SECONDED by Council Member Molloy.
Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment
was closed.
VOTE:
YEA: Knackstedt, Bookey, Porter, Molloy, Boyle, Navarre, Gabriel
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
5. Resolution No. 2016-37 - Authorizing the City Manager to Enter into a Memorandum of
Understanding with the Kenaitze Indian Tribe for the Revitalization of Old Town Park.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2016-37 and requested UNANIMOUS
CONSENT. The motion was SECONDED by Council Member Knackstedt.
Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment
was closed.
VOTE: There was no objection; SO ORDERED.
E. MINUTES
1.*Regular Meeting of August 3, 2016
Minutes were approved by the consent agenda.
Page 276 of 420
City of Kenai Council Meeting Page 5 of 8
August 17, 2016
2.*Work Session of August 9, 2016
Minutes were approved by the consent agenda.
3.*Special Meeting of August 10, 2016
Minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000.
Approved by the consent agenda.
3. *Ordinance No. 2912–2016 – Accepting and Appropriating a Grant from the Federal
Aviation Administration for the 2016 Improved Airport Drainage Project and Awarding
a Construction Contract to Peninsula Construction, Inc.
Introduced by the consent agenda and public hearing set for September 7, 2016.
4. *Ordinance No. 2913-2016 – Accepting and Appropriating a Grant from the State of
Alaska for the Purchase of Library Books.
Introduced by the consent agenda and public hearing set for September 7, 2016.
5. *Ordinance No. 2914-2016 – Increasing Estimated Revenues and Appropriations by
$8,000 in the Senior Citizen Fund, for Supplemental Nutrition, Transportation, And
Support Services Grant Funding Received For Fiscal Year 2017.
Introduced by the consent agenda and public hearing set for September 7, 2016.
6. *Ordinance No. 2915-2016 – Amending KMC Section 4.32.15-Local Amendments to the
2012 International Residential Code, by Making Local Amendments to the 2012 Edition of
the International Residential Code Regarding Smoke Alarms in Crawl Spaces.
Introduced by the consent agenda and public hearing set for September 7, 2016.
7. *Ordinance No. 2916-2016 – Amending KMC Chapter 12.10-Nuisances In General, to
Include Abandoned Structures, Change the Enforcement Process, and Make Other
Material and Housekeeping Changes.
Introduced by the consent agenda and public hearing set for September 7, 2016.
Page 277 of 420
City of Kenai Council Meeting Page 6 of 8
August 17, 2016
8. Discussion – Schedule a Meeting to Review Applications Submitted for the City Manager
Position.
It was clarified that the open meeting act provided for a meeting be called and to recess into
executive session. It was decided that recommendations from Administration would be provided
prior to the meeting as well as a position description, advertisements, and a weighted ranking
criteria document.
It was decided a meeting would be set for 09/06/2016 at 6:00 P.M.
It was also decided a tentative meeting for interviews would be scheduled for 09/14/16 at 6:00
P.M.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – No report; next meeting September 8.
2. Airport Commission – No report; no quorum at August 11 meeting; next meeting
September 8.
3. Harbor Commission – No report; August meeting cancelled; next meeting September
12.
4. Parks and Recreation Commission – No report; no quorum at August 4 meeting; next
meeting September 1.
5. Planning and Zoning Commission – No report; August 10 meeting was cancelled for
lack of a quorum; next meeting August 24.
6. Beautification Committee – No report.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Porter reported on the following:
• Saturday Coffee with the Mayor revealed concern for restrooms in
the parks; parking at the end of Forest Drive during dipnet fishery;
Fourth Avenue Park playground equipment needed addressed.
• Showed Cannery Lodge to business people looking to do
conventions.
J. ADMINISTRATION REPORTS
1. City Manager reported on the following:
• Continued wrap-up on dipnet fishery.
It was noted that the Children’s Librarian went to the beach during dipnet for story hour and were
looking to do it again next year.
Page 278 of 420
City of Kenai Council Meeting Page 7 of 8
August 17, 2016
It was also noted that the highway near the construction areas would be roto-milled and new
asphalt laid.
2. City Attorney – no report.
3. City Clerk – reported on the following:
• Noted the candidates for the upcoming local election.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Kelly Kelso spoke regarding the Comprehensive Plan, noted she had attended several meetings
and argued that the Walker Lane buffer strip needed to be changed from commercial. She also
noted that the buffer was part of the original land sale; the borough said 75% of the residents
needed to agree to the buffer being removed; asked that Council protect the buffer zone.
2. Council Comments
Council Member Navarre noted an ordinance coming forth to regulate cats which addressed the
added informational correspondence; noted Industry Day on August 27; thanked R. Koch for
running for office; congratulated those that won in the Primary Election.
Vice Mayor Gabriel thanked those that attended the meeting and testified; noted the field of
flowers had bloomed; echoed Navarre’s comments thanking R. Koch for running for office.
Lindeman noted school started August 23; football, cross country running, and volleyball were
underway, and cross-country had an upcoming meet in Soldotna.
Council Member Knackstedt noted the dismal turnout for Primary Election; field of flowers was
being taken advantage of by those taking photos; fire truck project moving forward with the Kenai
Community Foundation receiving and providing funds.
L. EXECUTIVE SESSION
1. Offers to Purchase Property Located at 10639 Kenai Spur Highway, Kenai AK 99611.
[AS 44.62.310(c)(1)(3) a matter of which the immediate knowledge may have an
adverse effect upon the finances of the City, and a matter by which law, municipal
charter, or ordinance are required to be confidential.]
MOTION:
Council Member Gabriel MOVED to convene in executive session to discuss offers to purchase
property located at 10639 Kenai Spur Highway, Kenai, AK 99611, a matter of which the
immediate knowledge may have an adverse effect upon the finances of the City, and a matter by
which law, municipal charter, or ordinance are required to be confidential per AS
44.62.310(c)(1)(3) and requested the attendance of the City Clerk, City Manager, City Attorney,
and Finance Director and the motion was SECONDED by Council Member Molloy.
VOTE:
Page 279 of 420
City of Kenai Council Meeting Page 8 of 8
August 17, 2016
YEA: Knackstedt, Bookey, Porter, Molloy, Boyle, Navarre, Gabriel
NAY:
** Student Representative Lindeman: YEA
MOTION PASSED UNANIMOUSLY.
Council reconvened in regular session and it was noted that the City Manager and City Attorney
had been given direction.
M. PENDING ITEMS – None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:11 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of August 17,
2016.
_____________________________
Sandra Modigh, CMC
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.
Page 280 of 420
Page 281 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 282 of 420
Page 283 of 420
Page 284 of 420
Sponsored by: Mayor Porter and Council Member Navarre
CITY OF KENAI
ORDINANCE NO. 2917-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 3.10.020 – CONTROL AND CONFINEMENT OF
ANIMALS, TO REQUIRE CATS IN THE CITY TO BE RESTRAINED AT ALL TIMES.
WHEREAS, the Kenai Municipal Code does not generally prohibit cats from roaming at
large in the City; and,
WHEREAS, the City’s Animal Shelter has received an increase in the number of
complaints of cats roaming at large, damaging private property and disturbing the peace
and quiet of neighborhoods; and,
WHEREAS, the number of cats roaming at large and complaints of the same has begun
to tax the available resources of the Animal Shelter; and,
WHEREAS, many other Alaskan municipalities prohibit cats from roaming at large and
also restrict the number of cats allowed to be kept in each household; and,
WHEREAS, residents of the City should not be disturbed by the pets of others, whether
dogs or cats; and,
WHEREAS, it is in the best interest of the City to require cats be contained on the
owner’s property or otherwise restrained from roaming at large.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 3.10.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 3.10.020 – Control and Confinement of Animals, is hereby
amended as follows:
3.10.020 Control and [C]Confinement of [A]Animals.
(a) A person who owns a dog or cat shall keep the dog or cat under restraint
at all times.
(b) A person who owns an animal other than a dog or cat that is capable of
annoying or endangering other persons or damaging their property shall keep the
animal under restraint at all times.
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 285 of 420
Ordinance No. 2917-2016
Page 2 of 2
(c) A person who owns a vicious or dangerous animal shall at all times either
confine the animal in a building or a secure enclosure, or otherwise secure the
animal, as with a muzzle, so it cannot injure other persons or their property.
(d) A person who owns a female dog or cat in heat or during ovulation shall
keep the dog or cat under restraint in such a manner that it cannot come into
contact with a male of its species except for planned breeding purposes, provided
that a female sled dog in heat shall be confined unless it is restrained by proper
harnessing in a team in such a manner that it cannot come in contact with a
male dog except for planned breeding purposes.
(e) No person other than an officer performing his duties under this title may
release an animal from restraint without its owner’s consent, except to preserve
the animal’s life.
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.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of
September, 2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: September 7, 2016
Enacted: September 21, 2016
Effective: October 21, 2016
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 286 of 420
Page 287 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 288 of 420
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2918-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING
CERTAIN LEASE PROVISIONS IMPOSED BY KENAI MUNICIPAL CODE CHAPTER 21.10
– LEASING OF AIRPORT RESERVE LANDS, AND APPROVING A NON-STANDARD FORM
OF LEASE FOR THE LEASE OF LOT 5, FBO SUBDIVISION NO. 8, ACCORDING TO
PLAT NO. 2004-85, LOCATED WITHIN THE AIRPORT RESERVE, TO SOAR
INTERNATIONAL MINISTRIES, INC.
WHEREAS, SOAR International Ministries (SOAR) applied to lease Lot 5, FBO
Subdivision No. 8 (the Property) for the proposed use of an aircraft hangar, office and
parking space, aircraft tie down and fixed base operations; and,
WHEREAS, Kenai Municipal Code Chapter 21.10 – Leasing of Airport Reserve Lands,
governs the lease of airport reserve lands and imposes certain mandatory lease terms;
and,
WHEREAS, administration has been unable to secure new leases of airport reserve lands
without deviating from the current code provisions and lease form; and,
WHEREAS, it is in the best interest of the Kenai Municipal Airport to promote
development through the application of lease incentives that recent experience has
shown requires deviation from lease terms imposed by KMC Chapter 21.10 and
standard lease form; and,
WHEREAS, the proposed lease lot requires clearing and grubbing, unclassified
excavation, classified fill and backfill, a crushed aggregate base course and utility
extensions prior to further development; and,
WHEREAS, instead of the City preparing the lot for development, it is in the Airport’s
best interest to provide a lease credit to SOAR for a maximum period of up to five years
of the lease for improvements to the property by SOAR in preparing the lot for
development; and,
WHEREAS, SOAR desires a lease of fifty-five years consisting of an initial thirty-five year
lease term and a twenty year lease renewal at its sole option in order to adequately re-
coup its investment in the property, which is initially estimated at $1.25 million; and,
WHEREAS, SOAR intends additional investment phases and the Council may entertain
an additional lease term upon significant greater investment.
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 289 of 420
Ordinance No. 2918-2016
Page 2 of 3
WHEREAS, pursuant to KMC 21.10.090, initial lease terms and renewals are based on
the amount of investment of permanent improvements on the property with a maximum
initial term of thirty-five years; and,
WHEREAS, KMC 21.10.080 allows for council to approve a contractual right for a lease
renewal under terms and conditions in the City’s best interest; and,
WHEREAS, the Council finds that in this instance waiving the provisions of KMC
21.10.090 is in the best interests of the City; and,
WHEREAS, pursuant to KMC 21.10.150(b), the City Manager may deviate from the
standard lease form adopted under Code, if the Manager believes the action is in the
best interest of the City and the form is approved by the City Attorney; and,
WHEREAS, the City Manager believes it is in the best interest of the City to deviate from
the current lease form to allow for reasonable costs for work performed by SOAR or its
contractors for site development, including utility service extensions, to be applied as
lease credits to the lease for a maximum period of five years; and,
WHEREAS, the City Manager further believes it is in the best interest of the City to
deviate from the current lease form to provide that SOAR may remove, sell or have the
City sell any permanent improvements on the property left after the expiration of the
lease term consistent with State of Alaska rural airport leasing procedures; and,
WHEREAS, the City Attorney has approved the new lease form.
WHEREAS, on July 27, 2016 the Planning and Zoning Commission recommended
Council approve a lease to SOAR for the Property; and
WHEREAS, on September 8, 2016, the Airport Commission recommended Council
__________________ a lease to SOAR for the Property.
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. Waiver of Ordinance Requirements: That the Council of the City of Kenai
waives the lease provisions of the Kenai Municipal Code as it applies to the lease of Lot
5, FBO Subdivision No. 8, located within the Airport Reserve, to SOAR International
Ministries Inc., for the use of an aircraft hangar, office and parking space, aircraft tie
down, storage for airport based operations and fixed base operations: KMC 21.10.090
with respect to length of lease term.
Section 3. Determination of Lease Term: That the Council of the City of Kenai
determines that a thirty-five year lease term and the contractual right for a twenty year
lease renewal for Lot 5, FBO Subdivision No. 8, located within the Airport Reserve, is in
the best interests of the City.
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 290 of 420
Ordinance No. 2918-2016
Page 3 of 3
Section 4. Approval of Lease Form: That the Council of the City of Kenai approves the
Lease form for Lot 5, FBO Subdivision No. 8, located within the Airport Reserve,
including, but not limited to the disposition of improvements and provision for a
maximum five year lease payment credit for the completion of site preparation work.
Section 5. 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 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of
September, 2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: September 7, 2016
Enacted: September 21, 2016
Effective: October 21, 2016
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Page 291 of 420
KENAI MUNICIPAL AIRPORT
LEASE OF AIRPORT RESERVE LANDS
THIS LEASE AGREEMENT entered into this ________ day of ___________, 2016,
by and between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, and
SOAR INTERNATIONAL MINISTRIES, INC., whose address is 135 Granite Point Court,
Kenai, Alaska 99611 (“Lessee”).
DEFINITIONS
For the purposes of this Lease the following terms are defined as follows:
1. Airport – the Kenai Municipal Airport, including all the runways, taxiways, aprons,
water lanes, water taxiways, and all City-owned real estate located within the boundaries
of the Airport Reserve as defined in KMC Chapter 21.05, Airport Administration and
Operation.
2. Airport Manager – the official to whom the City Manager of the City has delegated the
authority and responsibility of managing and directing the activities of the Airport.
“Airport Manager” includes that person’s authorized representative.
3. City – the City of Kenai, Alaska, a home rule municipal corporation of Alaska.
4. City Manager – the official to whom the Kenai City Council has delegated the
responsibility of managing and directing all activities of the City.
5. Contamination – the unpermitted presence of any released Hazardous Substance.
6. Environmental Law – any applicable federal, state, or local statute, law, regulation,
ordinance, code, permit, order, decision, judgment of any governmental entity relating
to environmental matters, including littering and dumping.
7. FAA – the abbreviation for the Federal Aviation Administration.
8. Hazardous Substance – any substance that is defined under an Environmental Law as
hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant,
contaminant, petroleum, petroleum product, or oil.
LEASE OF AIRPORT LANDS Page 1 of 35
Page 292 of 420
9. KMC – the abbreviation for the Kenai Municipal Code.
10. Permanent Improvement – a fixed addition or change to land that is not temporary or
portable, including a building, building addition, gravel fill, paving, retaining wall,
storage tank, and well.
ARTICLE I
PREMISES LEASED
A. PREMISES: In consideration of Lessee’s payment of the rents and performance of all
the covenants of this Lease, the City leases to the Lessee, and the Lessee leases from the City,
the following described property (“Premises”) in the Kenai Recording District, Third Judicial
District, State of Alaska and located on the Airport; to wit:
Lot 5, FBO Subdivision No. 8, according to Plat No. 2004-85
B. NO WARRANTY: Except as may be provided in this Lease, the City makes no specific
warranties, expressed or implied, concerning the condition of the Premises including, survey,
soils, wetlands, access, and suitability or profitability for any use including those authorized by
this Lease, its environmental condition, or the presence or absence of Hazardous Substances in,
on, and under the surface. The Lessee takes the Premises on an “as is” basis and without
warranty, subject to any and all of the covenants, terms, and conditions affecting the City's title
to the Premises.
ARTICLE II
RIGHTS AND USES
A. AUTHORIZED USES:
1. USE OF PREMISES: The City authorizes the Lessee to use the Premises for
the following purposes only:
Airport Hangar; Offices and Parking (for Lessee’s employees, staff,
volunteers, guests and customers only, not for general public or airport
terminal users); Aircraft Tie Downs; Storage of Materials for Airport
Based Operations; and Fixed Based Operator
2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing,
the Lessee will operate its business on the Premises on a continuous basis, uninterrupted
by any period of closure over 15 consecutive days or 30 aggregate days within any 12-
month period of the term of this lease. The Lessee will give the City written notice
before closing the Lessee’s business on the Premises for more than 10 consecutive days.
LEASE OF AIRPORT LANDS Page 2 of 35
Page 293 of 420
The notice must state the reason for the closure and the date on which the Lessee will
re-open for business. This provision does not apply to any period during which the
Lessee is unable to operate its business as a result of an act or directive of the City, or
as a result of a closure of the Airport or loss of the Lessee’s buildings on the Premises
due to fire or natural disaster.
B. RIGHTS RESERVED TO THE CITY:
1. RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others
any rights and privileges not specifically granted to the Lessee on an exclusive
basis. The rights and privileges granted to the Lessee in this Lease are the only
rights and privileges granted to the Lessee by this Lease.
2. EASEMENTS: The City reserves the right to make grants to third parties or
reserve to the City easements or rights of way through, on, or above the
Premises. The City will not grant or reserve any easement or right of way that
unreasonably interferes with the Lessee’s authorized uses of the Premises.
3. INGRESS, EGRESS AND INSPECTION: The City reserves the right of
ingress to and egress from the Premises and the right to enter any part of the
Premises, including buildings, for the purpose of inspection or environmental
testing at any time. Except in the case of an emergency, all inspections and
environmental testing will be coordinated with the Lessee to minimize
interference with the Lessee’s authorized uses of the Premises.
4. RIGHT OF FLIGHT: There is hereby reserved to the City, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the Premises. This public right of
flight will include the right to cause in the airspace any noise inherent in the
operation of any aircraft used for navigation or flight through the airspace or
landing at, taking off from, or operation on the Airport.
C. PROHIBITED USES: Unless specifically authorized by this Lease or an amendment
to this Lease, the following are prohibited:
1. Any use of the Premises other than those authorized in this Lease.
2. Any use of the Premises that is in violation of a City Ordinance or an Airport
regulation.
3. The outside storage on the Premises of junk, salvage aircraft or vehicle parts,
non-operational support equipment, unused or damaged equipment or material,
LEASE OF AIRPORT LANDS Page 3 of 35
Page 294 of 420
or solid waste or debris unless allowed pursuant to a conditional use permit
under KMC 14.20.
4. The disposal on the Premises or the Airport of waste materials generated by the
Lessee, including any Hazardous Substance, slash, overburden, and construction
waste.
5. The stripping, wasting, or removing any material from the Premises without the
prior written approval of the City.
6. Erecting structures or allowing growth of natural objects that would constitute
an obstruction to air navigation, or allowing any activity on the Premises that
would interfere with or be a hazard to the flight of aircraft, or interfere with air
navigation or communication facilities, serving the Airport.
7. Any use or activity that is prohibited by applicable law or regulation.
ARTICLE III
TERM & HOLDOVER
A. TERM: The initial term of this Lease is for thirty-five years, from the 1st day of
________________, 2016 to the 30th day of _______________, 2051. As long as Lessee is in
compliance with all terms and conditions of this Lease (including any amendments), City
ordinances, and is current on all City tax liabilities, Lessee may at Lessee’s sole option extend
the lease for an additional twenty year term.
B. HOLDOVER: If the Lessee holds over and remains in possession of the Premises after
the expiration, cancellation or termination of this Lease, the holding over will not operate as an
extension of the term of this Lease, but only creates a month-to-month tenancy, regardless of
any rent payments accepted by the City. The Lessee's obligations for performance under this
Lease will continue during the month-to-month tenancy. The City or Lessee may terminate the
Lessee’s holdover with ten days’ advance written notice.
ARTICLE IV
RENTS AND FEES
A. RENT: The rent for the Premises is $9,408.96 per year, as established by the City
pursuant KMC 21.10.100 and as subject to adjustment under Article V of this Lease, plus
applicable sales tax. The rent shall be payable annually in advance of the first day of each year
of the term of this Lease. All payments required by this Lease must be made in U.S. dollars. If
the annual rent exceeds $2,400, the Lessee may, upon written notice to the City, choose to pay
the rent in equal monthly installments, payable in advance on or before the anniversary date of
LEASE OF AIRPORT LANDS Page 4 of 35
Page 295 of 420
the term of this Lease and thereafter at monthly intervals. No conversion of the payment
schedule from annual to monthly shall result in the City receiving less rent than it would have
received had the conversion not taken place.
1. Rent Credit: A rent credit may be applied for a maximum of five years of lease
payments. The credit may only include the value of site preparation work on the
leased premises to include clearing and grubbing, unclassified excavation,
classified fill and back fill, a crushed aggregate base course and utility
extensions. For the credit to be applied, all site preparation must be completed.
An engineer’s estimate of value of the site work must be provided to the City
and accepted prior to work being done. An engineer’s as-built drawing must be
provided to the City and accepted at the completion of the site work. Once the
work is completed and value determined, a credit will be applied to the lease
payments, prorated as necessary for the successive five years.
B. RENT PRORATED: Rental for any period less than one year shall be prorated on the
basis of the rent payable under this Lease in last full year previous to the prorating.
C. ADDITIONAL RENT: In addition to the rent specified in (a) of this Article, Lessee
agrees to pay to the appropriate parties all levies, assessments, and charges as follows:
1. Taxes pertaining to the leasehold interest of the Lessee.
2. Sales tax now enforced or levied in the future, computed upon rent payable in
monthly installments whether the Lessee pays rent under this Lease on a monthly
or annual basis.
3. All taxes and assessments levied in the future by the City, as if Lessee was the
legal owner of record of the Premises.
4. Reimbursement for City constructed improvements under Article XV.
D. PAYMENTS: The Lessee shall make checks, bank drafts, or postal money orders
payable to the City of Kenai and deliver payments to City of Kenai, Finance Department, 210
Fidalgo Avenue, Suit 200, Kenai, Alaska 99611-7794 or any other address the City may
designate in writing to the Lessee.
E. INTEREST: Beginning the day after payment is due, all unpaid rents, charges, and fees
required under this Lease will accrue interest at the rate of eight percent (8.0%) per annum.
Interest on disputed amounts will not be charged to the Lessee if the dispute is resolved in the
Lessee’s favor.
LEASE OF AIRPORT LANDS Page 5 of 35
Page 296 of 420
F. LATE PAYMENT PENALTY: In addition to any interest payable under Provision (E)
of this Article, each time the Lessee fails to pay any rent or fee by the date required in this
Lease, the City will charge, and the Lessee shall pay, an administrative penalty of ten percent
(10.0%) of the amount due and unpaid.
G. COURTESY BILLINGS: Lessee acknowledges that any billing statement issued by
the City is provided only as a courtesy. The Lessee is obligated to pay all rents and fees when
due, regardless of whether or not the Lessee receives a billing statement from the City.
H. LIEN AGAINST LESSEE: Any rent, charge, fee, or other consideration which is due
and unpaid at the expiration, termination, or cancellation of this Lease will be a lien against the
Lessee’s property, real or personal.
I. PAYMENT OF CITY’S COSTS: The Lessee will pay all reasonable actual expenses,
costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or
protect this Lease or City's rights under this Lease, including any expense incurred with respect
to environmental compliance, bankruptcy or any proceeding that involves the Lessee, the Lease,
the Premises, or improvements or personal property on the Premises. The Lessee will make
payment within 30 days of the date of each notice from City of any amounts payable under this
provision.
J. PAYMENT FOR SPECIAL SERVICES: Lessee agrees to pay the City a reasonable
fee for any special services or facilities the City agrees to perform, which the City is not
otherwise obligated by this Lease to provide and which the Lessee requests from the City in
writing.
ARTICLE V
ADJUSTMENT OF RENT AND FEES
A. RENT OR FEE ADJUSTMENT: At intervals of approximately five years, the City
shall, in its sole discretion, adjust the rent or a fee payable by the Lessee under Article IV or
other provision of this lease. The amount to which the City increases or decreases any rent or
fee shall be established in accordance with KMC 21.10.100 and 21.10.160. Any rent change
by the City shall be based on the fair market value of
1. The Premises in its condition on the term beginning date stated in Article III;
plus
2. Any improvements made by the City subsequent to that date, the cost of which
is not reimbursed by the Lessee.
LEASE OF AIRPORT LANDS Page 6 of 35
Page 297 of 420
No rent or fee change shall be effective until 30 days after the date of the City’s written
notice to the Lessee. If the Lessee believes that any changed rent exceeds the fair market rent
for the Premises, the Lessee may appeal the rent change to the City under KMC 21.10.160.
B. CITY -CONSTRUCTED IMPROVEMENTS: Improvements constructed by the City
on, or in connection with, the Premises shall not be considered a part of the Premises for the
purpose of establishing the rent under (a) of this Article, if the Lessee, as a condition of this
lease, reimburses the City for the City’s construction costs pursuant to KMC 21.10.110.
ARTICLE VI
ASSIGNMENT & SUBLETTING
A. INVALID WITHOUT CITY’S CONSENT: The Lessee may not assign, sublet, or grant
a security interest in, by grant or implication, the whole or any part of this Lease, the Premises,
or any improvement on the Premises without the written consent of the City. Any proposed
assignment, sublease, or security interest must be written and must be submitted to the City
bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft
documents for the City’s conceptual review. However, the City’s conceptual approval of a draft
document may not be construed as the City’s consent to any assignment, sublease, or security
interest. All provisions in this Lease extend to and bind the assignees and sublessees of the
Lessee.
B. NO WAIVER OF CONSENT: The City’s consent to one assignment, sublease, or
security interest will not waive the requirement for the Lessee to obtain the City’s consent to
any other assignment, sublease, or security interest.
C. ASSIGNEE / LESSEE OBLIGATIONS: An assignment must include a provision
stating that the assignee accepts responsibility for all of the assignor’s (Lessee’s) obligations
under this Lease, including environmental liability and responsibility. However, unless the City
specifically releases the Lessee in writing, the City may hold the Lessee responsible for
performing any obligation under this lease which an assignee fails to perform.
D. OCCUPANCY BEFORE CITY CONSENT: An assignee or sublessee may not occupy
the Premises before the City consents to the assignment or sublease in writing.
E. CONFLICT OF PROVISIONS: In the event of a conflict between this Lease and an
assignment or a sublease, the terms of this Lease control.
F. LESSEE NOT RELIEVED OF OBLIGATIONS: The City’s consent to any sublease
does not relieve or otherwise alter the Lessee’s obligations under this Lease.
G. SECURITY ASSIGNMENTS AND FINANCING:
LEASE OF AIRPORT LANDS Page 7 of 35
Page 298 of 420
1. Subject to the requirements of (A) of this Article VI, the Lessee may assign a
security interest in this Lease. The security interest may be in the form of a
mortgage, deed of trust, assignment or other appropriate instrument, provided
a. the security interest pertains only to the Lessee’s leasehold interest;
b. the security interest does not pertain to or create any interest in City's title to
the Premises; and
c. the documents providing for the security interest are acceptable to the City.
2. If the assignment of a security interest to which the City has consented shall be
held by an established lending or financial institution, including a bank, an
established insurance company and qualified pension or profit sharing trust, and
the lending institution acquires the Lessee's interest in this Lease as a result of a
foreclosure action or other remedy of the secured party, or through any transfer
in lieu of foreclosure, or through settlement of or arising out of any pending or
contemplated foreclosure action, the lending institution may transfer its interest
in this Lease to a nominee or a wholly owned subsidiary corporation with the
prior written consent of the City, provided, the transferee assumes all of the
covenants and conditions required to be performed by the Lessee (including
payment of any monies owed by Lessee to the City under the lease). In the event
of such a transfer, the lending institution shall be relieved of any further liability
under this Lessee.
3. A holder of a security interest in this Lease consented to by the City shall have,
and be subrogated to, any and all rights of the Lessee with respect to the curing
of any default of this Lease by Lessee.
4. If, before any default has occurred in the Lease, the holder of a security interest
in this Lease consented to by the City gives the City a written notice of the
holder’s post office address, the City shall thereafter
a. by regular U.S. mail, send to the holder a copy of each notice of default at the
same time as the City gives notice of default to the Lessee; and
b. not accept any surrender or enter into any modification of this Lease without
the prior written consent of the holder, which the holder shall not unreasonably
delay or withhold.
5. The City will enter into a new lease of the Premises with the holder of a security
interest consented to by the City, if the City terminates this Lease prior to its
LEASE OF AIRPORT LANDS Page 8 of 35
Page 299 of 420
normal expiration due to a default by the Lessee. The new lease shall be for the
remainder of the term of this Lease and shall be effective as of the termination
of this Lease. The City’s grant of the new lease shall be subject to the following
conditions:
a. The new lease shall be effective on the date this Lease is terminated;
b. The new lease shall be for the same rent, additional rent, and covenants as this
Lease;
c. By no later than the twentieth day following the termination of this Lease, the
security holder must submit a written request to the City for the new lease,
together with payment of all rent, additional rent and other sums then due to the
City under this Lease.
d. The security holder shall pay to the City, at the time of the execution and
delivery of such new lease any and all sums due thereunder in addition to
those which would at the time of the execution and delivery thereof be due
under this Lease but for such termination, and in addition thereto, any
reasonable expenses, including legal and attorneys’ fees, to which the City shall
have been subjected by reason of such default.
e. The security holder shall, on or before the execution of the new lease, perform
all the other obligations of the Lessee under this Lease to the extent the Lessee
failed to perform them prior to the termination of this Lease.
6. A holder of a security interest consented to by the City that takes possession of
this Lease or enters into a new lease with the City shall not be released from the
obligations and liabilities of this Lease or the new lease unless the holder assigns
its leasehold estate to an assignee who is financially capable and otherwise
qualified to undertake to perform and observe the conditions of this Lease or the
new lease and the City consents to the assignment. The City’s consent will not
be unreasonably withheld. If the security holder asserts that the City is
unreasonably withholding its consent to a proposed assignment, the dispute shall
be resolved by arbitration.
ARTICLE VII
MAINTENANCE, SNOW REMOVAL & UTILITIES
A. MAINTENANCE:
1. At no cost to the City, the Lessee will keep the Premises and all improvements
on the Premises clean, neat and presentable, as reasonably determined by the
LEASE OF AIRPORT LANDS Page 9 of 35
Page 300 of 420
City.
2. At no cost to the City, the Lessee will provide for all maintenance and services
at the Premises as may be necessary to facilitate the Lessee's compliance with
this Lease and the Lessee’s use of the Premises.
3. The Lessee shall comply with all regulations or ordinances of the City that are
promulgated for the promotion of sanitation. At no cost to the City, the Lessee
shall keep the Premises in a clean and sanitary condition, and control activities
on the Premises to prevent the pollution of water.
4. The Lessee agrees to comply with all decisions and directions of the City's
Airport Manager regarding maintenance and operation of the Airport, and the
use of the Airport by the Lessee.
B. SNOW REMOVAL:
1. At no cost to the City, the Lessee is responsible for snow removal on the Premises. The
Lessee shall dispose of snow in an off-Premises location approved in writing by the
City or provide suitable snow storage within the boundaries of the Premises in
accordance with all applicable federal and state laws. At the request of the Airport
Manager, the Lessee shall submit a snow removal plan for the Premises to the Manager
for review. Upon approval of the Lessee’s plan by the Airport Manager, the
Lessee shall conduct all snow removal operations on the Premises in accordance with
the approved plan.
2. Lessee shall not deposit snow on an apron, taxiway, safety area, or other aircraft-
maneuvering surface provided for common use by others without the prior written of
the Airport Manager.
3. Lessee agrees to not allow an accumulation of snow on the Premises that would cause
interference with adjoining leaseholders or other users of the Airport.
C. UTILITIES: Unless specifically provided otherwise in this Lease, the Lessee shall, at
no cost to the City, provide for all utilities at the Premises necessary to facilitate the Lessee's
use of the Premises.
ARTICLE VIII
OPERATIONS
A. OPERATIONS ON THE AIRPORT: The Lessee will ensure that the Lessee, its
employees, guests, contractors, sublessees, and vendors that perform any activity or function
authorized under this Lease shall do so in a manner that ensures the safety of people, the
LEASE OF AIRPORT LANDS Page 10 of 35
Page 301 of 420
protection of public health and the environment, and the safety and integrity of the Airport and
the Premises.
B. LESSEE'S CONTROL AND RESPONSIBILITY:
1. The Lessee will assume full control and sole responsibility as between Lessee
and City for the activities of the Lessee, the Lessee's personnel and employees,
and anyone else acting by, on behalf of, or under the authority of the Lessee on
the Airport, including the Premises.
2. The Lessee will immediately notify the City of any condition, problem,
malfunction or other occurrence that threatens the safety of people or the
Airport, harm to public health or the environment, or the safety or integrity of
the Premises.
C. RADIO INTERFERENCE: The Lessee will discontinue the use of any machine or
device that interferes with any government-operated transmitter, receiver, or navigation aid
until the cause of the interference is eliminated.
D. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife
on an airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep
the Premises clean of fish slime, fish waste, or any other material that might attract birds or
other wildlife. The Lessee accepts full responsibility to maintain the Premises, control
operations, and take all reasonable measures to prevent a concentration of birds or other wildlife
on the Premises.
E. PARKING: The Lessee will provide adequate vehicle, equipment, and aircraft parking
space on the Premises for Lessee’s business or activities, or confine parking to such other places
on the Airport as may be approved or designated in writing by the Airport Manager.
ARTICLE IX
ENVIRONMENTAL PROVISIONS
A. HAZARDOUS SUBSTANCE:
1. The lessee will conduct it business and/or operation on the Premises in
compliance with all environmental laws and permits. If hazardous substances
are handled on the Premises, the Lessee agrees to have properly trained
personnel and adequate procedures for safely storing, dispensing, and otherwise
handling Hazardous Substances in accordance with all applicable federal, state
and local laws.
LEASE OF AIRPORT LANDS Page 11 of 35
Page 302 of 420
2. Lessee will promptly give the City notice of proceeding to abate or settle matters
relating to the presence of a Hazardous Substance on the Premises or from
Lessee’s operations on the Airport. The Lessee will allow the City to participate
in any such proceedings.
B. ENVIRONMENTAL INDEMNIFICATION: If Contamination of the Premises or other
property by a Hazardous Substance occurs from the Lessee’s operations on the Premises the
Lessee will indemnify, defend, and hold the City harmless from any and all claims, judgments,
damages, penalties, fines, costs, liabilities, or losses, including, but not limited to, sums paid in
settlement of claims, attorney’s fees, consultant fees, and expert fees, which arise during or
after the term of this Lease as a result of such Contamination. This indemnification of the City
by Lessee includes, but is not limited to, costs incurred in connection with any investigation of
site conditions or any cleanup, remediation, removal, or restorative work required by any
federal, state, or local governmental agency because of a Hazardous Substance being present in
the soil or groundwater or under the Premises or other properties affected by the Contamination.
C. REMEDIATION:
1. In the event of a Hazardous Substance spill on the Premises, the Lessee will
immediately notify the City and the Alaska Department of Environmental
Conversation and act, promptly, at its sole expense, to contain the spill, repair,
any damage, absorb and clean up the spill area, and restore the Premises to a
condition satisfactory to the City and otherwise comply with the applicable
portions of any environmental law.
2. In addition to any notices required by this Lease, the Lessee will immediately
notify and copy the City in writing of any of the following:
a. Any permit, enforcement, clean up, lien, removal or other governmental or
regulatory action instituted, completed, or threatened pursuant to an
Environmental Law.
b. Any claim made or threatened by any person against the Lessee or arising from
the Lessee’s operations authorized by this Lease, relating to damage,
contribution, compensation, loss or injury resulting, from, or claimed to result
from any Hazardous Substances in, on, or under the Airport; or
c. Any report made by, or on behalf of, the Lessee to any environmental agency
arising out of or in connection with any Hazardous Substances in, on, or
removed from the Premises, including any complaints, notices, warnings, or
asserted violations.
3. Remediation and restoration of the contaminated area must meet all applicable
state and federal regulations and must meet the requirements of all governing
LEASE OF AIRPORT LANDS Page 12 of 35
Page 303 of 420
regulatory authorities.
D. ENVIRONMENTAL AUDIT: The Lessee will provide the City with all investigative
data, test results, reports, and any other information gathered or analyzed as part of or in relation
to any Environmental Assessment, characterization or audit on the Premises or the Airport that
Lessee performs or causes to be performed after the starting date of this Lease. The Lessee will
submit the data, result, report or information to the City within 60 days following the date on
which it becomes available to the Lessee.
E. RELEASE OF LESSEE: The City releases the Lessee from liability to the City for
Contamination and the presence of Hazardous Substances that existed prior to the
commencement date of this lease unless caused or materially contributed to by the Lessee.
F. SURVIVAL OF OBLIGATIONS: The obligations and duties of the City and Lessee
under Article IX of this lease shall survive the cancellation, termination or expiration of this
lease.
ARTICLE X
INDEMNIFICATION & INSURANCE
A. INDEMNIFICATION:
1. The Lessee will indemnify, save harmless, and defend the City, its officers,
agents, and employees from and against any and all liabilities, losses, suits,
administrative actions, claims, awards, judgments, fines, demands, damages,
injunctive relief or penalties of any nature or kind to the full extent of the loss or
obligation for property damage, personal injury, death, violation of any
regulation or grant agreement, or any other injury or harm resulting from or
arising out of any acts or commission of or omission by the Lessee, his agents,
employees, customers, invitees or arising out of the Lessee’s occupation or use
of the premises demised or privileges granted, and to pay all costs connected
therewith. This indemnification of the City by the Lessee shall include sums
paid in settlement of claims, attorney fees, consultant fees, expert fees, or other
costs and expenses, directly or indirectly arising from, connected to or on
account of this Lease as it relates to the Lessee, the Lessee’s activities at or
relating to the Airport, or any act or omission by the Lessee, or by any of its
officers, employees, agents, contractors or sublessees. These indemnity
obligations are in addition to, and not limited by, the Lessee’s obligation to
provide insurance, and shall survive the expiration or earlier termination of this
Lease.
2. The Lessee shall give the City prompt notice of any suit, claim, action or other
LEASE OF AIRPORT LANDS Page 13 of 35
Page 304 of 420
matter affecting the City to which Paragraph 1, above, may apply, together with
a copy of any letter by an attorney on behalf of a complainant, any complaint
filed in court, and any notice or complaint by any regulatory agency. The City
shall have the right, at its option, to participate cooperatively in the defense of,
and settlement negotiations regarding, any such matter, without relieving the
Lessee of any of its obligations under this provision.
3. As to any amount paid to others for personal injury or property damage with
respect to which an act or omission of the City is a legal cause, notwithstanding
Paragraph 1 of this section, the Lessee and the City shall reimburse each other
according to the principles of comparative fault. If liability to a third party is
subject to apportionment according to comparative fault under this provision,
the Lessee and the City shall seek in good faith to achieve non-judicial
agreement as to apportionment of fault as between themselves. This
apportionment of liability between the City and the Lessee shall not be construed
to affect the rights of any person who is not a party to this Lease.
B. INSURANCE: At no expense to the City, the Lessee will obtain and keep in force
during the term of this Lease, insurance of the type and limits required by this provision. Where
specific limits are set, they will be the minimum acceptable limits. If the Lessee’s policy
contains higher limits, the City will be entitled to coverage to the extent of the higher limits. At
the time insurance in obtained by the Lessee, all insurance shall be by a company/corporation
rated “A-” or better by A.M. Best. The following policies of insurance are required with the
following minimum amounts:
1. Commercial General Liability, including Premises, all operations, property damage,
products and completed operations, and personal injury and death, broad-form
contractual, with a per-occurrence limit of not less than $1,000,000 combined single
limit. If this lease authorizes the Lessee to engage in the sale or the commercial
dispensing or storage of aviation fuel, the policy must not exclude of the Lessee’s fuel
handling activities. This policy must name the City as an additional insured.
2. Commercial Automobile Coverage with not less than $1,000,000 combined single limit
per occurrence. This insurance must cover all owned, hired, and non-owned motor
vehicles used by the Lessee.
3. Workers Compensation Insurance. The Lessee will provide and maintain, for all
employees, coverage as required under AS 23.30.045, and, where applicable, any other
statutory obligations. The policy must waive subrogation against the City.
4. The Lessee will provide the City with proof of insurance coverage in the form of an
insurance policy or a certificate of insurance, together with proof that the premiums
have been paid, showing the types and monetary limits of coverage secured. All
insurance required by this provision must provide that the City be notified at least 30
LEASE OF AIRPORT LANDS Page 14 of 35
Page 305 of 420
days prior to any termination, cancellation, or material change in the insurance
coverage.
5. If the Lessee's insurance coverage lapses or is canceled, Lessee will immediately, upon
written notice by the City, halt all operations on the Airport, including the Premises.
The Lessee will not resume operations until the City receives evidence that the Lessee
has obtained current insurance coverage meeting the requirements of this Lease.
6. The City may, at intervals of not less than five years from the beginning date of the term
of this Lease and upon written notice to Lessee, revise the insurance requirements
required under this Lease. City’s determination to revise the insurance requirements
will be based on the risks relative to the Lessee's operations, any insurance guidelines
adopted by the City, and any applicable law.
7. If the Lessee subleases all or any portion of the Premises under the provisions of this
Lease, the Lessee will require the sublessee to provide to the insurance coverage
required of the Lessee under this Article X.
ARTICLE XI
LAWS & TAXES
A. COMPLIANCE WITH LAW: Lessee shall comply with all applicable laws,
ordinances, and regulations of public authorities now or hereafter in any manner affecting the
Airport, the Premises or the sidewalks, alleys, streets, and ways adjacent to the Premises, or any
buildings, structures, fixtures and improvements or the use thereof, whether or not any such
laws, ordinances, and regulations which may be hereafter enacted involve a change of policy
on the part of the governmental body enacting the same. Lessee agrees to hold City financially
harmless:
1. From the consequences of any violation of such laws, ordinances, and/or regulations;
and
2. From all claims for damages on account of injuries, death, or property damage resulting
from such violation.
B. UNLAWFUL ACTIVITY: The Lessee shall not permit any unlawful use, occupation,
business, or trade to be conducted on the Premises contrary to any law, ordinance, or regulation,
including zoning ordinances, rules and regulations.
C. LICENSES AND PERMITS: The Lessee will obtain all necessary licenses and permits,
pay all taxes and special assessments lawfully imposed upon the Premises, and pay other fees
and charges assessed under applicable law. Nothing in this Lease prevents the Lessee from
challenging any taxes or special assessments to the appropriate authority.
LEASE OF AIRPORT LANDS Page 15 of 35
Page 306 of 420
D. LITIGATION: The Kenai municipal code, including regulations promulgated
thereunder, and the laws of the State of Alaska will govern in any dispute between the Lessee
and City. If a dispute continues after exhaustion of administration remedies, any lawsuit must
be brought in the courts of the State of Alaska, in Kenai, Alaska.
E. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which,
during the term of this Lease may become a lien upon or which may be levied by the State,
Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee
may have in or to the Premises or improvements on the Premises by reason of its use or
occupancy or the terms of this Lease provided, however, that nothing in this provision shall
prevent Lessee from contesting any increase in a tax or assessment under any applicable law,
ordinance, or regulation.
F. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is
declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining
terms, provisions, conditions, or parts shall continue in full force and effect as though the
declaration had not been made.
ARTICLE XII
LEASE TERMINATION
A. CANCELLATION: The City may, after 30 days’ written notice to the Lessee, cancel
this Lease and recover possession of the Premises if any of the following violations occur,
unless the violation is cured within the 30 days:
1. The Lessee fails to pay when due the rents, additional rents, charges, or other sums
specified in this Lease, including any increases made under this Lease.
2. The Lessee's check for payment of any sum due under this Lease is returned for
insufficient funds.
3. The Lessee uses or authorizes the use of the Premises for any purpose not
authorized by this Lease.
4. The Lessee fails to fully perform and comply with any provision in this Lease.
5. The court enters a judgment of insolvency against the Lessee.
6. A trustee or receiver is appointed for the Lessee's assets in a proceeding brought
by or against the Lessee, or the Lessee files a voluntary petition in bankruptcy.
7. Failure by the Lessee to comply with any land development or permanent
improvement construction required by this Lease.
LEASE OF AIRPORT LANDS Page 16 of 35
Page 307 of 420
B. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated in
accordance with this Article XII, or by summary proceedings or otherwise, or upon the Lessee’s
abandonment of the Premises or a portion of the Premises, the City or its agents, servants, or
representatives may, immediately or any time thereafter, re-enter, and resume possession of the
Premises or portion thereof, and remove all persons and property therefrom, without being
liable for any damages therefore. No re-entry by the City shall be deemed an acceptance of a
surrender of the Lease.
C. CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee will
continue to pay City rent after the expiration, termination, or cancellation of this lease and to
abide by the lease obligations, including providing proof of insurance coverage, through the
date Lessee relinquishes possession of and completely vacates the Premises. City will consider
the Premises completely vacated if the Lessee has
1. Remediated any environmental contamination for which the Lessee is
responsible;
2. Restored the Premises to a neat and clean physical condition acceptable to the
City.
D. REASONABLE CURE:
1. In the case of a violation that cannot be reasonably cured within 30 days, a notice
of cancellation issued by the City to the Lessee under this Article is stayed if,
within the 30-day notice period, the Lessee begins and continues expeditious
action to cure the violation. The City will determine if a violation cannot be
reasonably cured within 30 days and what constitutes expeditious action.
2. In the case where, in City’s sole determination, Lessee’s violation is considered
an imminent threat to the airport, public health or safety, or the environment,
City will direct the Lessee to stop the activity immediately and may reduce the
period to cure the violation, or the City may correct the violation pursuant to (E)
of this Article.
E. RIGHT OF CITY TO PERFORM:
1. If, after 30 days following notice the Lessee fails or refuses to perform any action
required by this Lease, the City will have the right, but not the obligation, to perform
any or all such actions required by this Lease at the sole expense of the Lessee. The
City will not take action if the Lessee begins and continues expeditious action to
perform any action required by this Lease that cannot be reasonably completed within
30 days. The City will, at its sole discretion, determine what constitutes expeditious
LEASE OF AIRPORT LANDS Page 17 of 35
Page 308 of 420
action and if an action cannot be reasonably performed in 30 days. The City will submit
to the Lessee an invoice for the expenses incurred by the City in the performance by the
City of any required action. The Lessee will pay the amount of each invoice within 30
days from issuance.
2. If Lessee fails or refuses to perform any action that has been deemed an
imminent threat the City will have the right, but not the obligation, to perform
any or all such actions required to expeditiously correct the imminent threat.
Lessee shall reimburse the City for any cost, including legal fees and
administrative costs reasonably incurred by the City in acting to correct the
imminent threat violation.
F. WAIVER: A waiver by the City of any default by the Lessee of any provision of this
Lease will not operate as a waiver of any subsequent default. If the City waives a default, the
City is not required to provide notice to the Lessee to restore or revive any term or condition
under this Lease. The waiver by the City of any provision in this Lease cannot be enforced or
relied upon unless the waiver is in writing and signed on behalf of the City. The City's failure
to insist upon the strict performance by the Lessee of any provision in this Lease is not a waiver
or relinquishment for the future, and the provision will continue in full force.
G. AIRPORT CLOSURE:
1. If the City closes the airport to aircraft operations for sixty days or less, this
Lease will remain in full force and effect without adjustment
2. If the City closes the Airport to aircraft operations for more than sixty days, but
not permanently, and this Lease is for aviation or direct aviation support uses,
the Lessee may, upon written notice to the City, either terminate the Lease or
retain the Lease and receive a fifty (50%) percent rent reduction or credit for that
portion of the closure that exceeds sixty days.
3. If the City permanently closes the Airport to aircraft operations and
a. this Lease is for aviation or direct aviation support uses, the Lessee may
terminate this agreement by written notice to the City; or
b. this Lease is for non-aviation uses, the Lessee may request in writing to
have the Lease terminated. The City will consider the Lessee’s request
in light of the City’s best interest and either terminate the Lease, or deny
the Lessee’s request in writing.
H. DISASTERS: The Lessee or City may cancel this lease upon written notice to the other
LEASE OF AIRPORT LANDS Page 18 of 35
Page 309 of 420
party if:
1. the Premises becomes unusable through no fault of either party and performance under
this lease becomes impossible; or
2. the Airport becomes unusable through no fault of either party and the
performance under this lease becomes impossible.
If the Lessee elects in writing that it will continue to operate after notice from City to Lessee
that the Airport has become unusable, the Lessee’s obligations under the Lease will continue,
but City shall be under no obligation to continue to perform.
Causes for termination of the lease under this provision (G) include acts of God, the public
enemy, and the United States.
I. NATIONAL EMERGENCY: If the federal government declares a national emergency,
neither party may hold the other liable for any inability to perform any part of this Lease as a
result of the national emergency.
J. SURRENDER ON TERMINATION: Except as provided otherwise in this Article XII,
Lessee shall, on the last day of the term of this Lease (including any extension or renewal
thereof) or upon any earlier termination of this Lease, surrender and deliver up the premises
into the possession and use of City without fraud or delay in good order, condition, and repair,
except for reasonable wear and tear since the last necessary repair, replacement, restoration or
renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in
writing, and free and clear of all liens and encumbrances other than those created by and for
loans to City.
K. OWNERSHIP AND DISPOSITION OF IMPROVEMENTS:
1. Ownership of Permanent Improvements: Permanent improvements on the
Premises, excluding Site Development Materials, constructed, placed, or
purchased by the Lessee remain the Lessee’s property as long as this Lease
remains in effect, including any period of extension or holdover with the
consent of the Lessor.
2. Disposition of Site Development Materials: The Lessee acknowledges that,
once placed by the Lessee, the removal from the Premises of Site
Development Materials can damage the Premises, adversely affect surface
water drainage patterns, and destabilize adjacent structures. When placed on
the Premises by the Lessee, Site Development Materials, including building
pads, parking areas, driveways, and similar structures:
LEASE OF AIRPORT LANDS Page 19 of 35
Page 310 of 420
a. become a part of the realty and the property of the City of Kenai;
b. unless otherwise directed by the Lessor, must be maintained by the
Lessee throughout the term of this Lease, including any extensions and
periods of holdover; and
c. may not be removed by the Lessee without the prior written approval of
the Lessor.
3. Disposition of Personal Property and Permanent Improvements Other Than
Site Development Materials:
a. Unless the Lessor otherwise directs as provided below, when this Lease
expires, terminates, or is cancelled and is neither extended nor followed
by a successive lease, the departing Lessee may do one or more of the
following:
i. remove Lessee-owned Permanent Improvements from the
Premises, remediate any Contamination for which the Lessee
is responsible, and restore the Premises to a clean and neat
physical condition acceptable to the Lessor within 60 days after
the expiration, cancellation, or termination date of this Lease;
ii. with written approval from the Lessor, sell Lessee-owned
Permanent Improvements to the succeeding lessee, remove all
personal property, remediate, any Contamination for which the
Lessee is responsible and leave the Premises in a clean and
neat physical condition acceptable to the Lessor within 60 days
after notice from the Lessor that the Lessor has approved an
application for a lease of the Premises by another person or
such longer period specified in the notice, but in no event more
than 180 days after the expiration, termination, or cancellation
date of this Lease;
iii. elect to have the Lessor sell Lessee-owned Permanent
Improvements at public auction as provided below, remediate
any Contamination for which the Lessee is responsible, and
restore the premises to a clean and neat physical condition
acceptable to the Lessor. If the Lessor sells Permanent
Improvements under this Paragraph for removal from the
Premises, the departing Lessee's obligation under this
LEASE OF AIRPORT LANDS Page 20 of 35
Page 311 of 420
Paragraph continues until the Premises are remediated and
restored to a clean and neat physical condition acceptable to
the Lessor after the improvements have been removed.
b. If the departing Lessee elects to have the Lessor sell Lessee-owned
Permanent Improvements at public auction per this Section, the Lessee
shall, within 30days after the expiration, cancellation, or termination of
this Lease:
i. submit to the Lessor a written request and authorization to sell
the Permanent Improvements by public auction;
ii. provide to the Lessor an executed conveyance document
transferring clear title to the Permanent Improvements to the
successful bidder at the public auction, along with
authorization to the Lessor, as agent for the Lessee for purposes
of the sale only, to endorse the name of the successful bidder
on the conveyance document upon receipt of payment of the
successful bid price; and
iii. before the date of the public auction, remove all personal
property, remediate any Contamination for which the Lessee
is responsible and leave the Premises in a neat and clean
physical condition acceptable to the Lessor.
c. When selling Lessee-owned Permanent Improvements at public auction
for the departing Lessee, the Lessor will establish the terms and
conditions of the sale. The Lessor shall pay the Lessee any proceeds of
the sale of the Permanent Improvements, less the administrative costs of
the public auction and any financial obligation the Lessee owes to the
Lessor under this Lease. Payment will be made within a reasonable time
after the Lessor completes the sale transaction and receives the proceeds,
but not to exceed 60 days. If all or a portion of the Permanent
Improvements do not sell at public auction, the Lessee will remove those
Permanent Improvements, remediate any Contamination for which the
Lessee is responsible and restore the Premises to a clean and neat physical
condition acceptable to the Lessor within 60 days after the auction.
d. If the Lessee shows good cause to the Lessor and if it is not inconsistent
with the best interest of the City of Kenai, the Lessor will grant an
extension of time that is sufficient to allow the Lessee to remove or sell
Lessee-owned Permanent Improvements, remediate any Contamination
LEASE OF AIRPORT LANDS Page 21 of 35
Page 312 of 420
for which the Lessee is responsible and to restore the Premises to a clean
and neat physical condition acceptable to the Lessor.
e. The Lessor will, by written notice, direct the departing Lessee to remove
Lessee-owned Permanent Improvements from the Premises, to
remediate, consistent with applicable law, any Contamination for which
the Lessee is responsible and to restore the Premises to a clean and neat
physical condition acceptable to the Lessor if the Lessor determines in
writing:
i. that the continued presence of the Permanent
Improvements on the Premises are not consistent with any
written Airport program or plan required for compliance
with applicable federal, state, or local law;
ii. that the continued presence of the Permanent Improvements
on the Premises is not in the best interest of the City of Kenai;
or
iii. that the Permanent Improvements present a hazard to public
health or safety.
f. The departing Lessee to whom the Lessor has issued direction under
Paragraph 5 of this Section shall comply with the Lessor's direction
within 60 days after issuance of the direction and at no cost to the Lessor.
If the departing Lessee shows good cause to the Lessor, continues to
work diligently to comply with Lessor’s direction, and if it is not
inconsistent with the best interest of the City of Kenai, the Lessor will
allow in writing a longer period that is sufficient to allow the Lessee to
comply with the Lessor’s direction. A departing Lessee who fails to
comply with a direction issued by the Lessor under Paragraph 5 of this
Section, shall, within 30 days of being billed by the Lessor, reimburse
the Lessor for any costs reasonably incurred by the Lessor, including
legal fees and administrative costs, to enforce the Lessor’s direction or to
remove and dispose of unremoved Lessee-owned improvements,
remediate any Contamination for which the Lessee is responsible and
restore the Premises.
g. If the departing Lessee does not timely remove or sell the Lessee-owned
Permanent Improvements on the Premises in accordance with the
requirements of this Section, any remaining Permanent Improvements
and any remaining personal property of the departing Lessee will be
LEASE OF AIRPORT LANDS Page 22 of 35
Page 313 of 420
considered permanently abandoned. The Lessor may sell, lease,
demolish, dispose of, remove, or retain the abandoned property for
Airport use as the Lessor determines is in the best interest of the City of
Kenai. The departing Lessee shall, within 30 days after being billed by
the Lessor, reimburse the Lessor for any costs reasonably incurred by the
Lessor, including legal and administrative costs, to demolish, remove,
dispose, clear title to, or sell the abandoned property and to remediate and
restore the Premises.
h. After the expiration, termination, or cancellation of the Lease, including
any holdover, the departing Lessee loses all right to occupy or use the
premises without the express or implied consent of the Lessor. Except
as the Lessor notifies the departing Lessee otherwise in writing, the
Lessor consents to the departing Lessee's continued use and occupancy
of the Premises to diligently accomplish the requirements of this
Section. Until the departing Lessee relinquishes possession of and
completely vacates the Premises under Paragraph 9 of this Section and
notifies the Lessor in writing that it has relinquished and vacated the
Premises, the departing Lessee shall perform the following as if the lease
were still in effect,
i. pay rent to the Lessor;
ii. maintain the premises;
iii. provide the Lessor with evidence of each insurance coverage,
if any, required under the Lease; and
iv. cease using the premises other than to diligently accomplish the
requirements of this Section, and to comply with the other
requirements of the Lease.
i. A departing Lessee will not be considered to have relinquished
possession and completely vacated the Premises until
i. the departing Lessee has:
(a) remediated, consistent with applicable law, any
Contamination for which the Lessee is
responsible; and
LEASE OF AIRPORT LANDS Page 23 of 35
Page 314 of 420
(b) restored the Premises to a clean and neat physical
condition acceptable to the Lessor; and
ii. either
(a) removed all of the Lessee's Permanent Improvements and
personal property from the premises or sold the
Permanent Improvements and personal property to a
succeeding Lessee under the provisions of this Lease; or
(b) transferred title to the Lessee's Permanent Improvements
and personal property that remain on the premises to the
Lessor.
ARTICLE XIII
GENERAL COVENANTS
A. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands
or facilities without the written consent of the City is prohibited. This prohibition shall not
apply to use of areas designated by the City for specified public uses, such as passenger
terminals, automobile parking areas, and streets.
B. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not
limited to recording costs, shall be paid by Lessee.
C. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good
order at the Lessee’s own expense, allowing no damage, waste, nor destruction thereof, nor
removing any material therefrom, without written permission of the City. At the expiration of
the term fixed, or any earlier termination of the Lease, the Lessee will peaceably and quietly
quit and surrender the premises to the City.
D. CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on
the Premises by the Lessee must be compatible with its surroundings and consistent with the
uses authorized under this Lease, as determined by the City. The Lessee must obtain the City’s
written approval before placing fill material, beginning any land development, or constructing
or demolishing any improvements on the Premises, and before beginning any alterations,
modifications, or renovation of existing structures on the Premises. The Lessee must submit to
the City detailed drawings of the proposed development, alteration, modification, or renovation,
together with specifications or any other information the City reasonably requires. Further, the
Lessee will submit to City evidence of the Lessee’s compliance with Federal Aviation
Administration regulation 14 CFR Part 77.
LEASE OF AIRPORT LANDS Page 24 of 35
Page 315 of 420
E. LEASE SUBORDINATE TO AIRPORT FINANCING REQUIREMENTS: Lessee
agrees that City may modify this Lease to meet revised requirements for Federal or State grants,
or to conform to the requirements of any revenue bond covenant. However, the modification
shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause
the Lessee financial loss.
F. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees
and covenants that the Lessee, upon paying rent and performing other covenants, terms, and
conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and
enjoy the Premises, except that the following shall not construed as a denial of the right of quiet
or peaceable possession:
1. Any inconvenience caused by public works projects in or about the Premises; and
2. Any other entries by the City on the Premises reserved or authorized under other
provisions of this Lease.
G. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood
that the City shall not be construed or held to be a partner or joint venture of Lessee in the
conduct of the Lessee’s activities or business on the Premises. The relationship between the
City and the Lessee is, and shall at all times remain, strictly that of landlord and tenant,
respectively.
H. DISCRIMINATION: The Lessee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or state
law. The Lessee recognizes the right of the City to take any action necessary to enforce this
provision, including actions required pursuant to any federal or state law.
I. AFFIRMATIVE ACTION: If required by 14 CFR Part 152, subpart E, the Lessee will
undertake an affirmative action program to insure that no person will be excluded from
participating in any employment activities offered by the Lessee on the grounds of race, creed,
color, national origin, or sex. No person may be excluded on these grounds from participating
in or receiving the services or benefits of any program or activity covered by subpart E. The
Lessee further agrees that it will require its suborganization(s) provide assurance to the City to
the same effect that they will also undertake affirmative action programs and require assurances
from their suborganization(s) as required by 14 CFR, Part 152, subpart E.
Tenant shall use the premises in compliance with all other requirements imposed by or pursuant
to title 49, code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulation may be amended.
LEASE OF AIRPORT LANDS Page 25 of 35
Page 316 of 420
J. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the
terms, conditions, and agreements of the parties and supersedes any previous understandings or
agreements regarding the Premises whether oral or written. No modification or amendment of
this Lease is effective unless in writing and signed on behalf of the City and the Lessee.
K. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce
reasonable rules and regulations governing the Airport, including the Premises. The City shall
not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's rights
under this Lease, on account of the exercise of the City’s authority reserved under this
provision. Furthermore, the Lessee shall not be entitled to terminate the whole or any portion
of the leasehold estate created under this Lease, by reason of the exercise of the City’s authority
reserved under this provision, unless the exercise thereof so interferes with Lessee's use and
occupancy of the Premises as to constitute a termination, in whole or in part, of this Lease by
operation of law under the laws of the State of Alaska and of the United States made applicable
to the states.
L. LESSEE'S OBLIGATION TO PREVENT AND REMOVE LIENS: Lessee will not
permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens
obtainable or available under the then existing laws, to stand against the Premises or
improvements on the Premises for any labor or material furnished to Lessee or claimed to have
been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with
work of any character performed or claimed to have been performed on the Premises or
improvements by or at the direction or sufferance of Lessee. Provided, however, the Lessee
shall have the right to provide a bond as contemplated by Alaska law and contest the validity
or amount of any such lien or claimed lien. Upon a final determination of the lien or claim for
lien, the Lessee will immediately pay any judgment rendered with all proper costs and charges
and shall have such lien released or judgment satisfied at Lessee's own expense.
M. CONDEMNATION: In the event the Premises or any part thereof shall be condemned
and taken for a public or a quasi-public use, then upon payment of any award or compensation
arising from the condemnation or taking, the City and the Lessee shall make a good faith effort
to agree upon
1. the division of the proceeds;
2. the abatement in rent payable during the term or any extension of the term of
this Lease; and
3. other adjustments as the parties may agree upon as being just and equitable under
all the circumstances.
LEASE OF AIRPORT LANDS Page 26 of 35
Page 317 of 420
If, within thirty days after the award has been paid into Court, the City and Lessee are unable
to agree upon what division, abatement in rent, and other adjustments as are just and equitable,
the dispute shall be determined by arbitration.
N. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the
benefit of the respective successors and assigns of the parties hereto, subject to such specific
limitations on assignment as are provided for in this Lease.
O. NOTICES:
1. Any notices required by this Lease must be in writing and must be delivered personally
or mailed by certified or registered mail in a prepaid envelope. A mailed notice
a. must be addressed to the respective party at the address written on the
first page of this Lease or to the latest address designated in accordance
with (2) of this Provision (O); and
b. shall be deemed delivered on the date it is deposited in a U.S. general or
branch post office.
2. The City or the Lessee may, from time to time, designate a new address at which
they will receive notices by providing the other party with written notice at least
15 days prior to the effective date of the change. An address change notice must
be delivered according to the procedure set out in (1) of this Provision (O).
P. RETENTION OF RENTAL: In the event the City terminates this Lease because of any
breach by the Lessee, the City shall retain any unused balance of the rental payment last made
by the Lessee City as partial or total liquidated damages for the breach.
Q. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and
take all necessary action to suppress destructive or uncontrolled fires and comply with all laws,
regulations, and rules promulgated and enforced by the City for fire protection on the Airport.
R. PERSONAL USE OF MATERIALS: No interest in coal, oil, gas or any other mineral,
or in any deposit of stone or gravel valuable for extraction or utilization is included in the
Premises or in the rights granted by this lease.. The Lessee shall not sell or remove from the
Premises for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material
valuable for building or commercial purposes.
S. APPROVAL OF OTHER AUTHORITIES: The granting of this lease by the City does
not relieve the Lessee of the responsibility to obtain any license or permit as may be required
by federal, state, or local law.
LEASE OF AIRPORT LANDS Page 27 of 35
Page 318 of 420
T. EXECUTION BY THE PARTIES: This Lease is of no effect unless signed by the
Lessee, or a duly authorized representative of Lessee, and an authorized representative of the
City.
U. CAPTIONS: The captions of the provisions of this Lease are for convenience only and
do not necessarily define, limit, describe, or construe the contents of any provision.
V. RIGHTS OF CONSTRUCTION: This Lease is intended to make public property
available for private use, while at all times protecting the public interest to the greatest extent
possible. Following the rule that transfers of interest in public property are to be strictly
construed in favor of the public property landlord, all rights granted to the Lessee under this
Lease will be strictly construed, and all rights of the City and the protections of the public
interest will be liberally construed.
W. LESSEE ACKNOWLEDGEMENT: The Lessee acknowledges that the Lessee has read
this Lease and fully understands its terms, that the Lessee has been fully advised or has had the
opportunity of advice by separate legal counsel, and voluntarily executes this Lease. Lessee
also acknowledges and agrees that the rule of interpretation under which a document is
construed against the drafter will not apply to this Lease.
X. APPROVAL BY LESSOR: Any approval required of the Lessor by this Lease will not
be unreasonably withheld. The Lessor’s approval does not waive the Lessee's legal
responsibility or liability to comply with all applicable federal and state laws and regulations.
ARTICLE XIV
SURVEY, IMPROVEMENTS AND PERFORMANCE BOND
A. SURVEY: The Lessee is solely responsible, at its sole expense, to confirm or establish
the physical location of the boundaries of the Premises prior to beginning any construction
thereon, including clearing grubbing, back-filling and environmental sampling. Any survey of
the Premises shall be performed by a Land Surveyor registered in the State of Alaska. The
Lessee shall furnish the City with a copy of the plat of any survey performed on the Premises
by, or on behalf of, the Lessee.
B. IMPROVEMENTS:
1. REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to
complete land development and construction of Permanent Improvements
including ____________________________________________________, by
no later than ____________________________, with an aggregate cost of at
least $__________________, excluding financing costs. In addition to the as-
built drawings required by this Lease, the Lessee must submit to the City written
LEASE OF AIRPORT LANDS Page 28 of 35
Page 319 of 420
evidence that the Lessee has completed the land development and constructed
improvements on the Premises with an aggregate cost or investment of not
less than $_____________.
The evidence of cost must be submitted to the City within sixty days of the
completion of the development and improvements, but by no later than
________________.
a. Costs considered toward the aggregate cost of permanent improvements
include building construction, design, labor, materials, materials
shipping, permits, equipment, soil testing, environmental baseline report,
and environmental assessment directly related to the construction;
premises and as-built surveys; site preparation, including excavation,
geotextile fabric, filling, grading, fill material, gravel, and pavement,
remediation of environmental contamination (unless Lessee caused or
Materially Contributed To the Contamination); and utility connection
costs.
b. The cost of Permanent Improvements excludes:
1. work performed by the City and not reimbursed by the Lessee;
and
2. work performed by the Lessee and reimbursed by the City.
2. FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fails to complete
the required construction within the time allowed under (b)(1) of this Article, including
any extensions granted, the City will execute against and the Lessee will forfeit, any
bond or other guarantee given by the Lessee and, as applicable, City will:
a. initiate cancellation of the lease; or
b. reduce the term of the lease to a period that is consistent with the portion
of the required construction timely completed; or
3. APPEARANCE: When completed, all improvements on the Premises must be
neat, presentable, and compatible with the authorized use of the Premises under this
Lease, as determined by the City.
4. CITY APPROVAL REQUIRED: The Lessee must first obtain the City’s
written approval before beginning any land development, construction or
demolition of any improvements on the Premises, or before beginning any alterations,
modifications, or renovation of existing structures on the Premises. The Lessee must
LEASE OF AIRPORT LANDS Page 29 of 35
Page 320 of 420
submit to the City detailed drawings of the proposed development, alteration,
modification, or renovation. Further, the Lessee will submit to City evidence of the
Lessee’s compliance with the FAA regulation 14 CFR Part 77.
5. CITY APPROVAL WITHHELD: The City’s approval of any construction,
alteration, modification, or renovation will not be withheld unless
a. the Lessee fails to demonstrate adequate financial resources to complete the
project;
b. the project plans, specifications, and agency approvals are incomplete;
c. the proposed project would result in a violation of an applicable ordinance,
regulation, or law;
d. the proposed project would interfere with or is incompatible with the safety,
security, maintenance, or operation of the airport;
e. the proposed project is inconsistent with the Airport Master Plan;
f. the proposed project is inconsistent with the terms of the lease, zoning
ordinances, or the City’s Comprehensive Plan;
g. the project plans do not make sufficient provision for drainage, aircraft, vehicle,
and equipment parking, or for snow storage; or
h. the proposed project does not conform to generally recognized engineering
principles or applicable fire or building codes.
6. DEMOLITION: Prior to any demolition of any structure(s) on the Premises,
Lessee will deliver to City a written scope of work that, at a minimum, lists the
structure(s) that are to be demolished and the timeframe for demolition and removal of
the debris from the Airport. City will review Lessee’s scope for demolition and issue
Lessee written approval for the work to be done.
7. BUILDING SETBACK: No building or other permanent structure may be
constructed or placed within twenty feet of any lot of the Premises without City’s prior
written approval. In addition, no building or other permanent structure may be
constructed or placed within fifty feet of any boundary line of the Premises which fronts
on a landing strip, taxiway, or apron.
8. AS-BUILT DRAWINGS: Within sixty days after completion of construction
or placement of improvements upon the Premises, the Lessee will deliver to the City a
copy of an as-built drawing, acceptable to the City, showing the location and dimensions
LEASE OF AIRPORT LANDS Page 30 of 35
Page 321 of 420
of the improvements, giving distances to all Premises’ boundaries. If the Lessee
constructs underground improvements, the Lessee will appropriately mark the surface
of the land with adequate surface markers. The type, quantity, and distance between
such markers will be subject to approval of the City.
9. AIRPORT SECURITY FENCING: If any construction by the Lessee requires
a realignment or alteration of an existing security fence on the Premises or boundary of
the Premises, the Lessee agrees to realign or alter the fence in a manner approved in
writing by the Airport Manager. Anytime the fence must be breached to allow the
Lessee to complete improvement construction or fence modifications, the Lessee shall,
at the Lessee’s sole expense place temporary barriers to maintain the security of the
Airport, as determined by the Airport Manager. If damage occurs to a security fence on
the Premises or boundary of the Premises in connection with the Lessee’s use or
occupation of the Premises, the Lessee shall promptly repair the fence to the satisfaction
of the Airport Manager.
10. DAMAGE TO IMPROVEMENTS: If Lessee’s improvements on the Premises
are damaged or destroyed, Lessee will cause the improvements to be repaired or rebuilt,
and restored to normal function within two years following the damage or destruction.
If the Lessee fails to timely rebuild or restore the improvements, the City may, at its sole
discretion, either reduce the term of this Lease commensurate with the estimated value
of the Lessee’s remaining, fully functional improvements on the Premises, or cancel this
Lease.
11. DAMAGE NEAR EXPIRATION: If Lessee’s improvements are damaged to
the extent that more than 50% of the space is unusable and the damage occurs
within five years of the expiration of the term of this Lease, Lessee may remove the
damaged improvements, restore the Premises and terminate this Lease.
C. PERFORMANCE BOND (Optional): N/A Prior to beginning the construction of
permanent improvements required under (b)(1) of this Article, the Lessee shall submit to the
City a performance bond, deposit, or other security in the amount of $_______________. The
form of the bond or other security shall be subject to the City’s approval.
D. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this
Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises
into the possession and use of City without fraud or delay in good order, condition, and repair,
except for reasonable wear and tear since the last necessary repair, replacement, restoration or
renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in
writing, and free and clear of all liens and encumbrances other than those created by and for
loans to City. Upon the end of the term of this Lease, including any extension or renewal, or
any earlier termination thereof, title to the buildings, improvements and building equipment
LEASE OF AIRPORT LANDS Page 31 of 35
Page 322 of 420
shall automatically vest in City without requirement of any deed, conveyance, or bill of sale
thereon. However, if City should require any such document in confirmation hereof, Lessee
shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted
or imposed by any and all governmental unites in connection herewith.
E. NOTICE OF CONSTRUCTION: The Lessee agrees to notify the City in writing three
days prior to commencing any construction project valued in excess of $1,000.00 on the
Premises. The Lessee agrees to assist in the posting of a notice of non-responsibility and
maintenance of the notice on the Premises during construction. Lessee agrees that in the event
the Lessee fails to notify the City as required by this Provision (f), the Lessee shall indemnify
the City against any materialmen's liens as defined in AS 34.35.050 which arise as a result of
construction on the premises.
ARTICLE XV
SPECIAL PROVISIONS
A. CITY CONSTRUCTED IMPROVEMENTS. N/A
1. ALTERNATIVE ONE – The City commits to construct improvements after the
lease is signed.
a. As part of the exchange of consideration of this lease, the City will, at the City’s
expense, cause the following improvements to be constructed on or in
connection with the Premises:
i. ;
ii. ;
iii. .
b. The City’s total cost of the improvement construction shall not exceed
$_______________ without the Lessee’s written concurrence.
c. The Lessee shall reimburse the City for the City’s cost of constructing the
improvements. The reimbursement shall be made in ten (10) equal annual
payments, plus interest at eight percent (8%) per year on the unpaid balance.
The Lessee may pay the entire remaining balance to the City earlier than due.
LEASE OF AIRPORT LANDS Page 32 of 35
Page 323 of 420
d. After completing the improvements, the City will give the Lessee written notice
of the City’s total cost of constructing the improvements and the date on which
the Lessee’s reimbursement payments shall begin, which date shall be no earlier
than 60 days after the date of the City’s notice. The Lessee’s annual
reimbursement payment for each succeeding year shall be made to the City by
no later than the anniversary of date on which the first payment was due.
e. Failure by the Lessee to timely reimburse the City as required under (b) through
(d) of this provision shall be grounds for termination of this lease by the City.
2. ALTERNATIVE TWO – The City builds improvements before the lease is signed. N/A
a. The Lessee acknowledges that prior to the execution of this lease, the City
constructed the following improvements on or in connection with the Premises:
(i) _______________________________________;
(ii) _______________________________________;
(iii)_______________________________________.
b. The City’s total cost to construct the improvements was $_______________.
c. As part of the consideration of this lease, the Lessee shall reimburse the City
for the City’s cost of constructing the improvements. The reimbursement shall
be made in ten (10) equal annual payments, plus interest at eight percent (8%)
per year on the unpaid balance. The Lessee may pay the entire remaining
balance to the City earlier than due.
d. The Lessee shall make the first reimbursement payment to the City by no later
than the first anniversary of the lease term beginning date given in Article III
of this lease. The Lessee’s annual reimbursement payment for each succeeding
year shall be made to the City by no later than the anniversary of date on which
the first payment was due.
e. Failure by the Lessee to timely reimburse the City as required under (c) and (d)
of this provision shall be grounds for termination of this Lease by the City.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and
year stated in the individual acknowledgments below.
LESSEE: LESSOR:
Soar International Ministries, LLC City of Kenai
LEASE OF AIRPORT LANDS Page 33 of 35
Page 324 of 420
By:
Richard L. Page Date Rick Koch Date
Its: Director Its: City Manager
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____ day of _________, 2016, Name: Richard L.
Page, Director, of SOAR INTERNATIONAL MINISTRIES, INC., being personally known to
me or having produced satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of
said corporation.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____ day of _________, 2016, Rick R. Koch, City
Manager of the City of Kenai, Alaska, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary
and authorized execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
ATTEST:
____________________________
Sandra Modigh, City Clerk
LEASE OF AIRPORT LANDS Page 34 of 35
Page 325 of 420
SEAL:
Approved as to Lease Form:
_________________________
Scott Bloom, City Attorney
AFTER RECORDING RETURN TO:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
LEASE OF AIRPORT LANDS Page 35 of 35
Page 326 of 420
Page 327 of 420
Page 328 of 420
Page 329 of 420
Page 330 of 420
Page 331 of 420
Page 332 of 420
Page 333 of 420
Page 334 of 420
Page 335 of 420
Page 336 of 420
Page 337 of 420
Page 338 of 420
Page 339 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 340 of 420
Page 341 of 420
Page 342 of 420
Page 343 of 420
Page 344 of 420
Page 345 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 346 of 420
Page 347 of 420
Page 348 of 420
Page 349 of 420
Page 350 of 420
Page 351 of 420
Page 352 of 420
Page 353 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 354 of 420
Page 355 of 420
Page 356 of 420
Page 357 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 358 of 420
Page 359 of 420
Page 360 of 420
Page 361 of 420
Page 362 of 420
Page 363 of 420
Page 364 of 420
Page 365 of 420
Page 366 of 420
Page 367 of 420
Page 368 of 420
Page 369 of 420
Page 370 of 420
Page 371 of 420
Page 372 of 420
Page 373 of 420
Page 374 of 420
Page 375 of 420
Page 376 of 420
Page 377 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 378 of 420
Page 379 of 420
Page 380 of 420
Page 381 of 420
Page 382 of 420
Page 383 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 384 of 420
Page 385 of 420
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out
below, hereby grants the right to use the Premises, identified on Attachment A to this Permit,
to THE KENAI PENINSULA YOUTH FOUNDATION, a 501(c)(3) non profit (Permittee):
1. Use/Term. Permittee shall have use of the Premises on the following days for the
purposes of conducting a fundraiser (Oktoberfest) open to adults 21 years of age and
older from 3:00 p.m. to midnight on September 16 and 17, 2016. Permittee is
scheduled to arrive and set up on September 13, 2016, and to completely tear down
and depart no later than September 18, 2016. Events will include games, a beer
garden and live entertainment.
2. Fee. There shall be no rental or use fee for the Premises.
3. No Exclusivity. The use by the Permittee of the Premises is limited to the purposes
specified herein and is not intended to grant any exclusive use to the described
Premises except as otherwise provided herein. This Permit is also subject to City,
Borough, and State laws and regulations and the reasonable Administrative actions of
the City for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities.
4. Sales Tax Compliance. Permittee shall obtain a signed Certificate of Tax
Compliance from the Kenai Peninsula Borough and submit a copy to the City prior to
execution of this Special Use Permit. Permittee agrees to collect and remit all
applicable City and Borough sales taxes.
5. Improvements. Permittee shall not make any permanent improvements to the
Premises.
6. Preparation of Premises. It is Permittee’s responsibility to prepare the Premises and
to assure itself to its own satisfaction that the Premises are safe for its purposes. The
City does not make any warranty or guarantee of the suitability of the Premises for
Permittee’s intended purposes.
7. Restrooms. The Permittee will be responsible for providing a sufficient number of
portable restrooms.
8. Trash and Debris. The Permittee shall provide an adequate number of dumpsters
and other trash receptacles. The Premises must be returned to its original condition
at the end of the term of this Permit. Clean up and/or repair charges beyond normal
wear and tear will be billed to Permittee based upon cost of repair. Debris and trash
Special Use Permit – Kenai Peninsula Youth Foundation Page 1 of 6
Page 386 of 420
shall be collected and removed from the premises by Permittee. Permittee shall alert
City (Parks and Recreation Department) of unsightly, unsanitary, dirty or other
conditions on the Premises which exist prior to Permittee’s use.
9. No Alcohol or Illegal Substances. Possession or consumption of alcoholic
beverages, shall only be allowed on premises with an approved State of Alaska
Permit/License. Marijuana or illegal substances are not permitted on the Premises.
The Permittee or Vendor selling alcohol must have insurance policies for general
liability and liquor liability in addition to the insurance requirements required in
Section 15. The City must be named as an additional insured. Coverage must be at
a minimum of $1,000,000 for bodily injury, death or property damage, resulting from
each occurrence. No entry will be allowed on the Premises until the City receives the
aforementioned policies of insurance and a copy of the State of Alaska
Permit/License. The City may close the event at its sole discretion if it observes
unsafe practices or violations of State or City regulations.
10. No Joint Venture. The 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.
11. Sales and Solicitation. Permittee may sell tickets, snacks, drinks and related
concessions, and other items and services normally incident to the conduct of a
festival.
12. Personalty. Any or all personal property placed or used upon lands or in facilities
may be removed and/or impounded by the City, 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 per day. The
City of Kenai is not responsible for any damage to or theft of any personalty of
Permittee or its invitees to the Premises.
13. 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 Premises. Permittee shall provide all proper safeguards and shall assume all risks
incurred in its activities on the Premises and its exercise of the privileges granted in
this Permit.
14. 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.
Special Use Permit – Kenai Peninsula Youth Foundation Page 2 of 6
Page 387 of 420
15. Insurance. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Permittee. Where specific limits are stated, the limits are
the minimum acceptable limits. If Permittee’s insurance policy contains higher
limits, City is entitled to coverage to the extent of the higher limits.
A. Commercial General Liability Insurance, including premises, all operations,
property damage, personal injury and death, broad-form contractual, with a per-
occurrence limit of not less than $1,000,000 combined single limit. The policy must
include an endorsement under which the insurer extends coverage to Permittee’s fuel
handling activities. The policy must name the City as an additional insured.
B. Worker’s Compensation Insurance with coverage for all employees engaged
in work under this Permit or at the Premises as required by AS 23.30.045. Permittee
is further responsible to provide Worker’s Compensation Insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1,000,000 combined
single limit per occurrence. This insurance must cover all owned, hired, and non-
owned motor vehicles the Permittee uses on the Airport. The policy must name the
City as an additional insured.
D. All insurance required must meet the following additional requirements:
i. All policies will be by a company/corporation currently rated “A-” or
better by A.M. Best.
ii. Permittee shall submit to the City proof of continuous insurance
coverage in the form of insurance policies, certificates, endorsements,
or a combination thereof, and signed by a person authorized by the
insurer to bind coverage on its behalf.
iii. Permittee shall request a waiver of subrogation against City from
Permittee’s insurer and the waiver of subrogation, where possible, shall
be provided at no cost to City.
iv. Provide the City with notification at least thirty days before any
termination, cancellation, or material change in insurance coverage of
any policy required hereunder.
Special Use Permit – Kenai Peninsula Youth Foundation Page 3 of 6
Page 388 of 420
v. Evidence of insurance coverage must be submitted to City by
September 5, 2016. The effective date of the insurance shall be no later
than September 13, 2016.
City may increase the amount or revise the type of required insurance on written
demand without requiring amendments to this Permit. City will base any increase or
revision on reasonable and justifiable grounds. Within two weeks of the written
demand, Permittee shall submit to City evidence of insurance coverage that meets the
requirements of the City.
16. No Discrimination. Permittee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant
for employment, or other person or group of persons in any manner prohibited by
Federal or State law. Permittee recognizes the right of the City to take any action
necessary to enforce this requirement.
17. Contact Information. The Contact information for the Permittee, and the person in
responsible charge for Permittee during the term of the Permit, for purposes of notice
and all communications from City to Permittee is:
Nate Kiel
Kenai Peninsula Youth Foundation
P.O. Box 2613
Kenai, AK 99611
Message Phone: 907.262.7825
Mobile Phone: 907.398.4357
Fax: 910.920.9050
Tax I.D.: 26-2580744
18. 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, injuries, death, 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
Special Use Permit – Kenai Peninsula Youth Foundation Page 4 of 6
Page 389 of 420
or arising from or out of Permittee’s activities on or use of the Premises. This shall be
a continuing obligation and shall remain in effect after termination of this Permit.
19. Authority. By signing this Permit, Permittee represents that it has read this
agreement and it agrees to be bound by the terms and conditions herein and that the
person signing this Permit is duly authorized by the organization to bind the
organization hereunder.
CITY OF KENAI KENAI PENINSULA YOUTH
FOUNDATION, A NON PROFIT
501(c)(3)
By:____________________________ By:_______________________________
Rick R. Koch Date Nate Kiel Date
City Manager
ACKNOWLEDGMENTS
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2016, the foregoing
instrument was acknowledged before me by RICK R. KOCH, City Manager of the City of
Kenai, Alaska, an Alaska home rule municipality, 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 ________, 2016, the foregoing
instrument was acknowledged before me by NATE KIEL, of The Kenai Peninsula Youth
Foundation, an Alaska non profit corporation, on behalf of the organization.
Special Use Permit – Kenai Peninsula Youth Foundation Page 5 of 6
Page 390 of 420
Notary Public for Alaska
My Commission Expires:
Approved as to Form:
_________________________
Scott Bloom, City Attorney
Y:\Parks & Recreation\SUP\2016 0831 Kenai Peninsula Youth Foundation.docx
Special Use Permit – Kenai Peninsula Youth Foundation Page 6 of 6
Page 391 of 420
ATTACHMENT A
Page 392 of 420
9/2/2016 The City of Kenai
http://www.kenai.city/calendar/month 1/1
Popular Links
Living HereVisitingGovernmentDoing Business Events Search this site CAPTCHA:
no
challenge
enabled
Home »
28 29 30 31 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 1
Sun Mon Tue Wed Thu Fri Sat
September 2016
Parks and
Recreation
Commission
Meeting
09/01/2016 - 7:00pm
Co††ee with the
Mayor
09/03/2016 -
9:00am to 10:30am
Labor Day
09/05/2016 -
12:00am to 11:45pm
City Council Special
Meeting - Review
City Manager
Applications
09/06/2016 - 6:00pm
City Council
Meeting
09/07/2016 - 6:00pm
Council on Aging
Meeting
09/08/2016 - 4:30pm
Airport
Commission
Meeting
09/08/2016 - 6:00pm
Harbor Commission
Meeting
09/12/2016 - 7:00pm
Beauti⁕捠cation
Committee
Meeting
09/13/2016 - 7:00pm
Tentative City
Council Special
Meeting - City
Manager
Interviews
09/14/2016 - 6:00pm
Planning & Zoning
Commission
Meeting
09/14/2016 - 7:00pm
City Council
Meeting
09/21/2016 - 6:00pm
Planning & Zoning
Commission
Meeting
09/28/2016 - 7:00pm
City of Kenai
210 Fidalgo Ave.
Kenai, AK 99611
(907) 283-7535
KMC
Sta†† Webmail
Site Credits
Disclaimer
« Prev Next »
Hello jheinz Log outDashboardContentStructureAppearancePeopleModulesConfigurationReportsHelp
Add contentFind content Edit shortcuts
Page 393 of 420
9/2/2016 The City of Kenai
http://www.kenai.city/calendar/month 1/1
Popular Links
Living HereVisitingGovernmentDoing Business Events Search this site CAPTCHA:
no
challenge
enabled
Home »
25 26 27 28 29 30 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 1 2 3 4 5
Sun Mon Tue Wed Thu Fri Sat
October 2016
Co††ee with the
Mayor
10/01/2016 -
9:00am to 10:30am
City Council
Meeting
10/05/2016 - 6:00pm
Parks and
Recreation
Commission
Meeting
10/06/2016 - 7:00pm
Harbor Commission
Meeting
10/10/2016 - 7:00pm
Beauti⁕捠cation
Committee
Meeting
10/11/2016 - 7:00pm
Planning & Zoning
Commission
Meeting
10/12/2016 - 7:00pm
Council on Aging
Meeting
10/13/2016 - 4:30pm
Airport
Commission
Meeting
10/13/2016 - 6:00pm
Alaska Day
10/18/2016 -
12:00am to 11:45pm
City Council
Meeting
10/19/2016 - 6:00pm
Planning & Zoning
Commission
Meeting
10/26/2016 - 7:00pm
City of Kenai
210 Fidalgo Ave.
Kenai, AK 99611
(907) 283-7535
KMC
Sta†† Webmail
Site Credits
Disclaimer
« Prev Next »
Hello jheinz Log outDashboardContentStructureAppearancePeopleModulesConfigurationReportsHelp
Add contentFind content Edit shortcuts
Page 394 of 420
Introduced by: Mayor
Substitute Introduced: 08/23/16
O2016-25 (Johnson): See Original for Prior History
Hearing: 08/23/16
Action: Postponed until 09/20/16
Hearing: 09/20/16
Vote:
KENAI PENINSULA BOROUGH
ORDINANCE 2016-25
(MAYOR SUBSTITUTE)
AN ORDINANCE AMENDING KPB 2.40.010 TO REDUCE PLANNING
COMMISSION MEMBERSHIP
WHEREAS, AS 29.40.020(a) requires that planning commission membership be apportioned
so that the number of members from home rule and first class cities reflects the
proportion of borough population residing in home rule and first class cities
located in the borough; and
WHEREAS, all members are subject to appointment by the mayor and confirmation by the
assembly, provided that members from home rule or first class cities must be
selected by the mayor from a list of recommendations submitted by the city
council; and
WHEREAS, KPB 2.40.010 currently provides that the planning commission shall include
one member from each first class or home rule city of the borough, which is not
required by statute, and that the number of remaining members from areas in the
borough outside such cities must comply with the statutorily required
apportionment; and
WHEREAS, based upon the 2010 US Census figures, the commission would have to be
increased by either one or two members to satisfy the statutorily required
apportionment figures if the planning commission continues to include one
member from each first class or home rule city of the borough; and
WHEREAS, it is not in the best interest of the borough to further increase the number of
members appointed to the planning commission; and
WHEREAS, both the Kenai Peninsula Borough Assembly and School Board are composed
of nine members; and
WHEREAS, limiting the total planning commission membership to eleven members,
adopting the statutory apportionment requirement, and removing the
requirement that every city have one representative but limiting each city to no
Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2016-25 Sub
Page 1 of 5
Page 395 of 420
more than one member would resolve the problem of an ever-expanding
planning commission; and
WHEREAS, beginning the transition on August 1, 2020 would coincide with the expiration
of some members' terms and the commencement of the next decennial census,
improving the accuracy of information that would become available upon its
completion to properly apportion city membership on the planning commission;
and
WHEREAS, at its meeting of August 22, 2016 the planning commission recommended ;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That KPB 2.40.010 is hereby amended as follows:
2.40.010. Membership—Apportionment.
In accordance with AS 29.40.020(a) through 11:59 p.m. July 31, 2020:
A. The planning commission shall consist of a maximum of thirteen
members including one member from each first class or home
rule city of the borough and the remainder apportioned so that the
number of members from home rule and first class cities reflects
the proportion of borough population residing in home rule and
first class cities located in the borough. The first class or home
rule cities of the borough are:
1. Kenai
2. Soldotna
3. Seward
4. Homer
5. Seldovia
B. Planning commissioners from outside of first class and home rule
cities shall be appointed by the mayor and confirmed by the
assembly from each of the following geographic areas as
generally described below and depicted in the map on file at the
borough clerk's office bearing the borough seal and identified as
the planning commission apportionment map approved in
Ordinance 2001-29. The sections described in the map and below
provide guidelines from which deviations are permitted
consistent with the intent that commissioners reside in areas
throughout the borough:
Ordinance 2016-25 Sub New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska
Page 2 of 5
Page 396 of 420
1[6]. East Peninsula;
2[7]. Southwest Borough;
3[8]. Anchor Point/Ninilchik;
4[9]. Kasilof/Clam Gulch;
5[10]. Kalifornsky Beach
6[11]. Ridgeway;
7[12]. Sterling;
8[13]. Northwest Borough.
SECTION 2. That KPB 2.40.010 is repealed effective August 1, 2020.
SECTION 3. That KPB 2.40.015 is hereby enacted to read as follows:
2.40.015. Membership—Apportionment.
In accordance with AS 29.40.020(a):
A. The planning commission shall consist of a maximum of eleven
members. Commission membership shall be apportioned so that
the number of members from home rule and first class cities
reflects the proportion of borough population residing in home
rule and first class cities located in the borough. No more than
one member of the commission may be from any single home
rule or first class city in the borough unless more are required to
satisfy the statutory apportionment requirement. A city member
shall be selected by the mayor from a list of recommendations
submitted by the council of any cities from which no member
will be on the commission when the vacancy is effective, unless
apportionment requires more than one member from a city. In
that event all eligible city councils may submit a list of
recommendations for the additional seat provided that no city
may have greater than one member more than any other home
rule or first class city. Appointments shall be subject to
confirmation by the assembly.
B. Planning commissioners from outside of first class and home rule
cities shall be appointed at-large by the mayor and confirmed by
the assembly and may be as representative of the following
geographic areas as practical:
1. East Peninsula;
2. Southwest Borough;
3. Anchor Point/Ninilchik/Clam Gulch/Kasilof;
4. Kalifornsky Beach
Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2016-25 Sub
Page 3 of 5
Page 397 of 420
5. Ridgeway;
6. Sterling;
7. Northwest Borough.
The geographic areas referenced in this section are depicted in the map
on file at the borough clerk's office bearing the borough seal and
identified as the planning commission apportionment map approved in
Ordinance 2001-29.
C. All planning commission members shall be appointed for their
expertise and knowledge of the community and shall represent
the entire borough.
SECTION 4. Transition. Existing seats of planning commission members from each area
within the new Anchor Point/Ninilchik/Clam Gulch/Kasilof area whose term
expires first on or after July 31, 2020 shall not be filled unless necessary to
comply with apportionment requirements and provided the total number of
commissioners does not exceed eleven. Nothing in this ordinance prohibits a
planning commissioner from an at-large geographic area from applying for any
open at-large planning commission seat.
Existing seats of city members whose terms expire first on or after July 31,
2020 shall only be filled if, by doing so the number of city members would
meet the statutory apportionment requirements and the total number of
commissioners would not exceed eleven.
SECTION 5. That Sections 1 and 4 of this ordinance take effect immediately upon its
enactment, and Sections 2 and 3 of this ordinance shall take effect August 1,
2020.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS *
DAY OF * 2016.
Blaine Gilman, Assembly President
ATTEST:
Johni Blankenship, MMC, Borough Clerk
Yes:
No:
Ordinance 2016-25 Sub New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska
Page 4 of 5
Page 398 of 420
Absent:
Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2016-25 Sub
Page 5 of 5
Page 399 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 400 of 420
KENAI AIRPORT COMMISSION
AUGUST 11, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Feeken called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Commissioner Feeken led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, J. Bielefeld,
J. Zirul, D. Pitts, C. Henry, K. Dodge, P. Minelga
Staff/Council Liaison Present: Airport Manager M. Bondurant, Council Member H.
Knackstedt
No quorum was present.
c. Agenda Approval
2. PERSONS SCHEDULED TO BE HEARD – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. July 14, 2016
5. UNFINISHED BUSINESS
a. Discussion – Master Plan
6. NEW BUSINESS
a. Discussion/Recommendation – Consent to Assignment of Lease of Airport Reserve
Lands and Consent to Assignment Lot 1A, Block 2, General Aviation Apron Subdivision
No. 3 – 135 Granite Point Court.
7. REPORTS
a. Airport Manager
b. City Council Liaison
Page 401 of 420
Airport Commission
August 11, 2016
Page 2 of 2
8. NEXT MEETING ATTENDANCE NOTIFICATION – September 8, 2016.
9. COMMISSIONER COMMENTS AND QUESTIONS
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 402 of 420
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
AUGUST 24, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair 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
Commissioners present: J. Twait, G. Pettey, D. Fikes, R. Springer, K. Peterson, J.
Glendening
Staff/Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Planning
Assistant W. Anderson and Council Liaison T. Navarre
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Fikes MOVED to approve the agenda and Commissioner Peterson SECONDED
the motion. There were no objections; SO ORDERED.
It was noted that the minutes for the July 27, 2016 meeting were added to the packet and that a
discussion/action item regarding an ordinance amending Kenai Peninsula Borough Code
2.40.010, to reduce planning commission membership, be added to the agenda as a New
Business item.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda; Commissioner Glendening
SECONDED the motion. There were no objections; SO ORDERED.
*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
Page 403 of 420
Planning and Zoning Commission Meeting
August 24, 2016
Page 2
the General Orders.
e. *Excused Absences –J. Focose
2. *APPROVAL OF MINUTES: July 27, 2016
Minutes were approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. PZ16-20 – Preliminary Original Plat of The Lake at Kenai 2016 Addition, submitted by
Angler Enterprises, Inc., P.O. Box 303, Soldotna, AK 99669
City Planner Kelley reviewed his staff report provided in the packet noting that the plat subdivided
one parcel into fourteen lots and recommended approval with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• The City Council of the City of Kenai must approve acceptance of the dedication of the
Rights-of-Way for Angler Cove Court and Peace of Mind Circle, pursuant to Kenai
Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100.
• Prior to the sale of any lots, the developer will be required to enter into an installation
agreement with the City of Kenai and shall provide a security to guarantee completion of
the improvements for each phase of the development.
• The paving of the streets will be required prior to completion of construction of each phase
of development of the subdivision
• Street construction shall meet the requirements as set forth in Kenai Municipal Code
Section 14.10.080.
• Street design must be stamped by an engineer licensed by the State of Alaska.
• The septic systems and water wells must be approved by the State of Alaska, Department
of Environmental Conservation.
• The developer shall install all signs including, but not limited to, stop signs, speed limit
signs, and street name signs.
• The City Manager for the City of Kenai must sign the plat acknowledging acceptance by
the City of Kenai of the final plat.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ16-20 with staff recommendations
and Commissioner Peterson SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
was closed.
It was clarified that on Lot 5, the higher portion of the lot usable; Kenai Municipal Code regarding
securing the installation agreement was explained.
Page 404 of 420
Planning and Zoning Commission Meeting
August 24, 2016
Page 3
VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ16-26 - Preliminary Original Plat of Thomas J. Tomrdle and Kathryn A. Tomrdle,
submitted by P.O. Box 698, Kenai, Alaska 99611
City Planner Kelley reviewed his staff report provided in the packet noting that the plat
reconfigured existing lots and recommended approval with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• Plat note number three (3) reads as follows: “The front ten feet of these lots is a utility
easement.” The utility easement should be delineated on the plat.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-26 with staff recommendations
and Commissioner Pettey SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
was closed.
VOTE:
YEA: Pettey, Fikes, Springer, Glendening, Twait, Peterson
NAY:
MOTION PASSED UNANIMOUSLY.
c. PZ16-27 - Preliminary Original Plat of Wisnewski Subdivision, submitted by Curt
Wisnewski and Shawnee Wisnewski, 1114 4th Ave., Kenai, AK 99611
City Planner Kelley reviewed his staff report provided in the packet noting that the plat
reconfigured existing lots and recommended approval with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• The street shown as Fifth Avenue should be changed to Fifth Court.
• The word “subtitle” should be removed from the title block. In addition, government lots 6
and 7 should be changed to government lots 5 and 6.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-27 with staff recommendations
and Commissioner Glendening SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
Page 405 of 420
Planning and Zoning Commission Meeting
August 24, 2016
Page 4
was closed.
It was clarified that public water and sewer were not within the prescribed distances required for
hooking up; also noted that Fifth Court has always been Fifth Court since acceptance by Council.
It was explained that the structure being placed was a tiny house and would be aesthetically
pleasing.
VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
d. PZ16-28 - Preliminary Original Plat of Rutherford Tract “A” Arbuckle Addition, submitted
by David Arbuckle and Sherrie Arbuckle, 3650 Strawberry Rd., Anchorage, AK 99502-
3102
City Planner Kelley reviewed his staff report provided in the packet noting that the plat subdivides
a parcel and recommended approval with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• The notation in the right-of -way for Evergreen Street should be changed to reflect that the
right-of-way is 83 feet in width rather than 80 feet.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-28 with staff recommendations
and Commissioner Glendening SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
was closed.
VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Glendining
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. PZ16-31 - A Resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending Ordinance No. 2916-2016 to the Council of the City of Kenai,
Alaska, Amending Kenai Municipal Code Chapter 12.10 – Nuisances in General, to
Include Abandoned Structures, Change the Enforcement Process, and Make Other
Material, and Housekeeping Changes
City Planner Kelley reviewed his staff report which was provided in the packet, noting that the
Page 406 of 420
Planning and Zoning Commission Meeting
August 24, 2016
Page 5
ordinance attached made significant changes to the nuisances section of Kenai Municipal Code,
including more descriptive definitions, new procedures for enforcement, and identify additional
structures as nuisance.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ15-31 and Commissioner Peterson
SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
was closed.
Staff clarified that the revisions allowed for a more collaborative approach with residents;
streamlined the process; provided for waivers of certain fees, which was standard throughout
Kenai Municipal Code.
It was also clarified that in case of a mobile home being an abandoned structure, two parties
would be involved due to there being an owner of real property and an owner of personal property;
ultimately would fall to real property owner; options for real property owner in court.
VOTE:
YEA: Pettey, Fikes, Twait, Peterson, Springer, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Discussion/Action – Ordinance Amending Kenai Peninsula Borough 2.40.010 to Reduce
Planning Commission Membership.
Commissioner Glendening clarified that the Borough Planning Commission requested a
postponement so the first class cities had an opportunity to submit input; noted an eleven to
thirteen member Commission worked well; the Commission had a good relationship with staff and
input from the cities helped greatly. He also discussed memos from the Borough Planner and
Borough Mayor, which he had copies of, and recommended they be forwarded to the City Council.
It was pointed out that the City Council was on record opposing the ordinance and the
Commission may want to recommend Council change its position due to the substitute.
More clarification was provided, noting that compliance with Alaska Statute Title 29 was what
triggered the ordinance in the first place; population outside of cities was growing and needed
more representation. It was also noted that the borough would be revising its Comprehensive
Plan in the next few years and didn’t want the cities left out.
The apportionment of the thirteen member Commission was reviewed.
MOTION:
Page 407 of 420
Planning and Zoning Commission Meeting
August 24, 2016
Page 6
Commissioner Glendening MOVED to recommend approval of the substitute ordinance amending
Kenai Peninsula Borough Code 2.40.010 and recommend the Kenai City Council change their
position and Commissioner Peterson SECONDED the motion.
VOTE:
YEA: Pettey, Fikes, Twait, Peterson, Springer, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
It was recommended that staff and the attorney review the draft borough meeting minutes and
memos and that they be forwarded to the City Council for review.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Navarre noted the microphones were difficult to get used
to but were very beneficial for hearing. Noted consideration of the Comprehensive Plan
was proceeding; a second public hearing would be held on September 7 and the plan
could be adopted at that time, or postponed to the second meeting in September.
b. Borough Planning – Commissioner Glendening reported in addition to consideration of
Commission realignment, the Commission approved seven preliminary plats, considered
approval of a Marijuana Cultivation Facility, a Conditional Use Permit near Kasilof for
resource extraction, and a Conditional Use Permit for a primary structure near an
anadromous fish habitat in Poacher’s Cove.
c. Administration – Kelley reported on the following:
• Noted Commissioner Focose was having surgery and encouraged
commissioners to sign a get well card,
• Advised that the Board of Adjustment had met to consider the Isaacs’ appeal of
the Planning and Zoning Commission’s decision to deny a marijuana facility in
Swanson Square;
• Noted the Borough’s ordinance regarding Planning Commission apportionment
would be on the City Council’s agenda on September 7.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: August 10, 2016
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Glendening noted that it was good to be back; had a good trip; caught a lot of
fish; went to a baseball game in Seattle.
Page 408 of 420
Planning and Zoning Commission Meeting
August 24, 2016
Page 7
Commissioner Fikes thanked Council Member Navarre for the update on the status of the
Comprehensive Plan.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:06 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 409 of 420
Page 410 of 420
INSIDE THIS ISSUE:
PRESERVING HISTORY—It’s
what we do
HISTORIC CABINS PARK–
Here’s the history of our park,
and how it is progressing each
year
EMILY HAMILTON,- OUR
2016 KENAI HISTORIC
SOCIETY SCHOLARSHIP
WINNER– Read what she has
to say about growing up in
Kenai
ANNOUNCEMENTS
Officers:
President—June Harris
Vice President—Virginia Walters
Secretary—Sharon Fisher
Treasurer—Loretta Matson
Board of Directors:
Joe Harris Betty Idleman
Bill Nelson Virginia Poore
Katherine Thompson Dave Thompson
Frosty Walters
KENAI HISTORICAL SOCIETY NEWSLETTER
Written by Sharon Fisher
If you would like to contribute ideas and information to the newsletter, please contact me at 776-8254. I welcome and would
entertain any ideas you may have for articles, and would appreciate being contacted if you see errors in the information con-
tained in the newsletter.
Preserving History
I cannot remember a time when I didn’t enjoy history, be it
hearing stories of long-gone family members, or exploring
historic places I visit. This may be a genetic interest, though,
since not everyone seems to be as enthused about the past
when I “talk history”. Their eyes glaze over and they nod po-
litely or change the subject. So, there are select groups of peo-
ple that seem to gather together, and form societies dedicated
to preserving history. These are my kind of people.
The Kenai Historic Society (and Soldotna, Kasilof, Seward,
Hope-Sunrise, and the Peninsula Historic Societies) work to-
ward preserving the history of their communities. Some were
part of forming that history, and some want to know more
about the place they live. Getting involved with your local so-
ciety is a good way to learning and saving the history for oth-
ers who want to learn.
The efforts of our membership is what gets “preserving histo-
ry” accomplished. Please become involved and encourage oth-
ers to become part of the local history. This newsletter is dedi-
cated to that effort—-promoting our society and sharing the
history of our community.
August 2016 Newsletter
Kenai Historical Society
P.O. Box 1348
Kenai, Alaska 99611
Page 411 of 420
“We should decorate
the insides of these cab-
ins and open them to
the public for tours.”
Sharon Fisher to Joe Harris while
watching the preparations for
moving the cabins to their new
location.
HISTORIC CABINS PARK
Onlookers from the neighborhood
couldn't stay away from all of the
excitement and activity. This is the
Sanders cabin.
On July 1, 2009, ground was
broken in preparation for the
exciting new project of mov-
ing and restoring five home-
stead cabins. Volunteers
brought their heavy equip-
ment, shovels and willing-
ness to work hard to prepare
the new site for the cabins.
This project is a joint collab-
oration of the Kenai Histori-
cal Society, Kenai Visitors
and Cultural Center and the
City of Kenai.
HISTORIC CABINS PARK –
2016
Seven years after ground was
broken for placement of the four
rehabilitated cabins we had inher-
ited, the park is open for tours
during the summer months. The
Arness Cabin became a school-
room, complete with desks, books,
a piano, chalkboard, cloak room,
and a “teacher”. The Sanders
Cabin is decorated to represent
small general stores that have
provided goods to Kenai residents
for over 100 years. The Miller
Cabin represents a larger resi-
dence in which to raise a family,
and the 3 Scandinavians Cabin
serves as a “bachelor” cabin, in
which implements for trapping,
fishing, and log-cutting are in
abundance. And, while the equip-
ment was placing the four cabins,
a fifth cabin suddenly became
available to the park, and we said
yes to the offer. The crane moved
half a block to the Dolchok-
Julissen Cabin, picked up that
structure and brought it to the
park. Miracle of miracles, it did
not crumble into a heap and was
rehabilitated the following year.
Our idea of “setting the stage” has
been successful in getting people
to make donations of items for
viewing in the cabins.
2
The Miller cabin. Ke-
nai resident Evelyn
Boullette waves with
delight from her
grandmother's home
as it leaves for its new
site. Evelyn spent
much of her childhood
in this cabin, original-
ly located on Overland
Street in Old Town
Kenai.
The Arness Cabin hangs mid-
air as the huge Peak crane po-
sitions it above its new spot.
Kenai’s first Kindergarten was
held in this cabin, with Peggy
Arness as the teacher.
Page 412 of 420
FURNISHING THE CABINS
From the beginning, after the decision to open the cabins to public
tours, the goal has been to furnish each cabin with authentic items that
had a connection with the Central Kenai Peninsula. We staged each
cabin with the vision that we wanted to eventually portray, creating
items as necessary to set the theme If we could visually demonstrate
the scene, we felt that people would become interested in donating
items to further that cause. For example, we were sure we would need
to recreate Blazo boxes but we have been gifted with quite a large num-
ber of them. We had a long bucket list when we began, and we have
acquired many of those items. The two residential cabins and the gen-
eral store hold many of the objects we have acquired, but not all have
authentic Kenai history. As we receive furniture and fixtures with local
ties, we replace the fakes we used in the staging. The goal is always to
fill the cabins with the “real deal”. The schoolroom, on the other hand,
is staged more to create ambiance as we wanted to use that cabin to
showcase photos of the classes who have attended school here. We
want locals to visit this room and view the class pictures and recall
their youth (or the youth of their parents and grandparents). The Dol-
chok-Juliussen cabin has always been dedicated to showcasing individ-
ual objects and displays that tell the story of our community. Space is
limited in this cabin and we must, therefore, limit the items that give
glimpses of the story being told. We will eventually rotate displays here
so that we can display various glimpses of the history of our town.
WHO VISITS
OUR CABINS?
Our cabins annually
are visited by people
from around the
world. From the
visitors log that we
keep, people have
visited us this year
from Argentina,
Austria, Belgium,
Canada, Checz Re-
public, China, Ger-
many, Italy, New
Zealand, Russia,
Spain, Switzerland,
and the United
Kingdom. We had
visitors from Ha-
waii, Florida, and
many other states.
We had Alaskan
visitors from Fair-
banks, Juneau, An-
chorage, and most o
the Peninsula com-
munities. Their
comments about the
park are consistent-
ly positive and
grateful that this
park is kept open
for them to visit and
learn more Kenai.
Built in 1922, the Dolchok/
Juliussen cabin is constructed of
hand-hewn squared logs with
dovetail notches. Bought by the
Juliussens in the late 40’s, they
raised their family there. It was
orginally built on the east side of
Overland Street, then was moved
to Riverside Street. It remained
there until this project relocated it
to the new exhibit site. The cabin
interior is used for displays of nu-
merous donations of Kenai histo-
ry.
3
The 3 Scandinavia Cabin –
on the move to a new
home. This cabin interior
was eventually decorated as
a “bachelor” cabin due to
its small size, and showcas-
es a household and numer-
ous tools that would have
been used to “make a liv-
ing”---fishing, log-cutting,
and trapping.
LOOKING FOR AN
OLD DOG SLED AND
BLAZO CANS FOR
THE HISTORIC CAB-
INS.
Page 413 of 420
KENAI HISTORICAL SOCIETY SCHOLARSHIP
2016 WINNER—EMILY HAMILTON
GROWING UP IN A SMALL TOWN
As a student at Kenai Central High School I have had many opportunities to be involved
in my community. Through student government/leadership I have been a part of many
activities at my school and for my community. For the community our school puts on
spaghetti feeds, collects cans for the food bank, be timers for the Kenai River Marathon,
and take on the daunting task of washing the fire trucks at the airport station in Kenai. I
have served as my class treasurer for three years and this year I am serving as the Execu-
tive Board treasurer. What I do for my school is help plan the dances, set up for spirit
weeks and dances, running the school coffee shop, and overall being someone in the
school that staff and students can turn to when they need someone who will get things
done.
I chose student leadership because I knew it was a good way to meet people and be in-
volved in my school. It took me everywhere on the peninsula on leadership meetings to
see what other schools did for school spirit. It has been an awesome opportunity to be a
part of. Not only do I get to set up school events and plan them, I get to meet all the new
4
Page 414 of 420
Thank you so much for choosing me for this award. It is truly an
honor. This means so much to me. This award will be used to further
my education and put me on a path to success. It was a pleasure
meeting you. Thank you! Emily Hamilton 5
get to meet all the new kids and show them what is so special about our school. Student gov-
ernment makes being a part of your school and your community so much easier. It makes
students have to go out and work in their community to get four hours of leadership hours. It
lets us make connections in our school and community that will help us later in life. It has
been a lot of fun to take part in such a big part of my school and community.
Outside of leadership I have been a part of the girls basketball team for four years now as
their manager. My job for them is to pack and wash jerseys, fill water bottles, take their sta-
tistics, and help set up for home games. My main duty that happens to be my favorite job is
being their for them in every way. I have been very proud of them and of the people they have
become but I am even more proud to call them my girls. Because I cannot play sports due to
a vision problem, this was the next best thing. I have loved doing this job and it has been a
true blessing to watch these girls grow into the people they are today.
This year has been a tough year for our school and sports programs. We lost our varsity
coach, who was our athletic director as well. She was like our family and losing her made not
only basketball season harder, but it also made many events around the school much arder to
do without her. Because I was her manager, many of the jobs she did I took over. Setting up
for home games and making sure everything was in order for the refs, hospitality rooms,
snack shack, and visiting teams. Then for my own team, I managed the volleyball team this
year because the athletic director had left and left the new athletic director with a regional
tournament and a handful of us who knew exactly how things were supposed to go. This year
made me take up more responsibility and take on more jobs to benefit the school and those
in my school.
Growing up in Kenai it was not so much the town, but the people who have inspired me to do
something amazing with my life. Through coaches, parents, family friends, and teachers they
have all pushed me to be successful in my life. It is such a small town that it is really like a
family. Family supports each other, even if we want to leave and chase the feeling of wander-
lust wherever that may take us, they will always be there for us. And when we come home
they continue to cheer us on. That is what has inspired me to succeed, for all of the people in
my life that said I could do this. Even though I could lose my vision, they told me that it
should never stop me from doing what I want to do.
Emily Ann Hamilton
Page 415 of 420
KENAI HISTORIC SOCIETY
Our Organizaation
There has been a Historic Society
since the days before Kenai becom-
ing a city. The Society was formed a
few years before Statehood in 1959,
and then went inactive in the early
60’s. It restarted in the latter part of
the 60’s and has met regularly since.
The Society had a museum in Fort
Kenay for some years, and then
continued to meet after that closed.
The non-profit Society implemented
and operates the Kenai Historic
Cabins Park, open for tours in the
summer months. We have office
space at the Moosemeat John cabin,
but are not open to the public in
that building. Our member meetings
are Sept., Nov., Dec., Jan., Feb.,
Mar., and April at the Kenai Visitor
Center. For Oct. and May, we meet
with the Kenai Peninsula Historical
Association. Please check the Meet-
ings and Announcements section on
this page for date information.
MEETINGS AND ANNOUNCEMENTS
Membership Meeting
September 11, 2016—1:30 p.m.
Kenai Visitor Center
The first meeting for the 2016-2017 year will be September 11,
2016 at 1:30 p.m. This meeting will be a potluck and a Mem-
bership Drive. Please bring a dish to share and some friends
to participate in the meeting
Laurel Downing Bill is the scheduled speaker. She is a genera-
tional Alaskan and the writer of the Aunt Phil’s Trunk book
series, a wonderful source of Alaska History and says she is
delighted to be invited to speak with our society once again.
Her presentations are fun and interesting and this is a good
opportunity to meet her and listen to her stories of Alaska His-
tory. She enjoys meeting the people of Alaska communities,
and has a personal connection to areas of the Kenai Peninsu-
la. After the meeting, she will have her books for sale and will
also autograph any you already own.
Mailing Address Labels
PLEASE
PLACE
STAMP
HERE
Kenai Historic Society
P.O. Box 1348
Kenai, AK 99611
Phone: 283-1946
Phone: 776-8254
E-mail: ak.kyaker@yahoo.com
www.facebook.com/Kenai-
Historical-Society
Page 416 of 420
Page 417 of 420
Page 418 of 420
Page 419 of 420
[PAGE LEFT BLANK INTENTIONALLY]
Page 420 of 420