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HomeMy WebLinkAbout2007-08-09 Airport Commission PacketKENAY AIRPORT COMMISSION August 9, 2007 KENAI CYTY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL YTEM 3: APPROVAL OF MEETING SUMMARY -- July 12, 2007 ITEM 4: PERSONS SCHEDULED TO SE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Update on Runway Safety Improvement Project b. Discussion -- Taxiway Designations c. Discussion/Recommendation -- Ordinance 2230-2007 YTEM 6: NEW BUSINESS a. Discussion/Recommendation -- Composition of Airport Commission ITEM 7: REPORT a. Commission Chair b. Airport Manager a. City Council Liaison ITEM 8: COMMISSEONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for July 18 and August 1, 2007. ITEM 1l: ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEN® THE MEETING: CAROL -- 283-8231 OR, MARY -- 233-7951 KENAI AIRPORT COMMISSION JULY 12, 2007 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL I++m3 YTEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- June 14, 2007 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Final Taxiway Designations ITEM 6: a. Discussion/Recommendation -- Supplemental Master Plan/Commercial Lease Lot Development at Float Plane Basin b. Discussion/Recommendation -Ordinance No. 2230-200/Amending KMC 21.I0.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including any Extension from 35 to 55 Years. ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD .ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for June 20 and July 3, 2007. b. Composition of the Airport Commission c. Holiday Closures for the Kenai Cafe ITEM 11: ADJOURNMENT xENAI AIRPORT COMMISSIOnr JULY 12, 2007 KENAI CYTY COUNCYL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDYNG MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called confirmed as follows: Commissioners present: Commissioners absent: Others present: A quorum was present. the meeting to order at approximately 7:05 p.m. Roll was J. Bielefeld, H. Knackstedt, C. Versaw, D. Haralson, L. Porter, J. Zirul (arrived at 7:10 p.m.) E. Mayer Acting Airport Manager M. Bondurant, City Attorney C, Graves, and Council Member R. Molloy ITEM 2: AGENDA APPROVAL Chair Knackstedt suggested Item 6-b be moved and heard before Item 6-a due to public present wanting to speak to the issue. Acting Airport Manager Bondurant requested Discussion/Recommendation -- Land Available Outside of the Airport Boundary be added as Item 6-c. MOTION: Commissioner Bielefeld MOVED to approve agenda with the requested change to hear Item 6-b before Item 6-a and the addition of Item 6-c. Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- June 14, 2007 There were no changes to the June 14, 2007 meeting summary and it was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion. -- Final Taxiway Designations Acting Airport Manager Bondurant reported on the final taxiway designations for the runway project, noting some safety concerns were addressed, she would consult with the project manager and the FAA; and, she would report back to the Commission on the issue. ITEM 6: NEW BUSINESS 6-b. Discussion/Recommendation -- Ordinance No. 2230-2007/Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including any Extension from 35 to 55 Years. A lengthy discussion of the Commission with input from City Attorney Graves took place. Tom Wagoner, 4040 Primrose Place, Kenai -- Spoke in support of a 55-year lease term. Jason CarroA, Horne Road, Nikiski -- As a member of the KEDS tem and banker, Carroll spoke in support of a 55-year lease term. Rick Baldwin, 125 North Willow, Kenai -- As Chair of the KEDS team, Baldwin spoke in support of a 55-year lease term. The Commission requested Graves to return to the August Commission meeting with revised language addressing the 55-year lease term and changes to the investment matrix. 6-a. Discussion/Recommendation -- Supplemental Master Plan/Commercial Lease Lot Development at Float Plane Basin A general discussion took place on how to attract future development at the Float Plane Basin. Bondurant was requested to have the project engineer attend the Commission's August meeting with draft designs for a taxiway to the main runway.. The Commission also stated its support of stockpiling material at the Float Plane Basin for future use. 6-c. Discussion/Recommendation -- Land Available Outside of the Airport Boundary. Bondurant explained administration received a phone call from a property owner who asked if the city would be interested in purchasing property immediately outside the airport perimeter and provided a map noting the location of the property. The Commission reviewed the information and noted preliminary support of the purchase and requested administration to follow up with the property owner on the asking price. Bondurant will report back to the Commission at the August meeting. ITEM 7: REPORT 7-a. Commission Chair -- No report. 7-b. Airport Manager -- No report. AIRPORT COMMISSION MEETING JULY 12, 2007 PAGE 2 7-c. City Council Liaison -- Council Member Molloy reported on .airport issues reviewed at the July 3, 2007 council meeting. ITEM 8: COMMISSIONER COMMENTS AND pUESTIONS Commissioner Versaw reported an open house would be held on Saturday, August 4 at Alaska Flying Network and invited all to attend. Commissioner Knackstedt commended Versaw on all the work accomplished on the Network's building and surrounding area. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATYON ITEMS 10-a. Kenai City Council Meeting Action Agendas for June 20 and July 3, 2007. 10-b. Composition of the Airport Commission 10-c. Holiday Closures for the Kenai Cafe i T EM i is ADSOURNMENT There being no further business before the Commission, the meeting adjourned at approximately 10:25 p.m. Meeting summary prepared and submitted by: Carol L: Freas, City Clerk AIRPORT COMMISSION MEETING - JULY 12, 2007 PAGE 3 .~- "Se,~vivu~,t~iCv~a~x K.evta,i~ ?''evt~;vt~ulu%' 305 N. HALLOW ST. SUITE200 KENAI, ALASKA 99611 'PFJFPFpNE 907.2837851 FAX 907,2633737 To: Airport Commission From: Mary Bondurant -Acting Airport Manag Date: August 2, 2007 Subject: Taxiway Designations At the July meeting Commission discussed the final taxiway designations and expressed some safety concerns that I have followed up on. The Advisory Circular for Taxiway Guidance Signs suggests that the first step in designing a taxiway sign system is to: 1. Keep it simple and logical 2. Use letters of the alphabet with an exception to a parallel to a runway, you could use numbers for stub exits such as Al and taxiways should start at one end of the airport and continue to the opposite end, in our case north to south. 3. Designate all separate distinct taxiway segments 4. Ensure no separate distinct taxiway has the same designation as any other taxiway The new and modified layout meets the above except at the north end when taxiway A turns into the parallel taxiway A. The layout has again been shown to the FAA, Era Aviation, and the Air Traffic Control Tower, with no major safety concerns expressed. One of the project engineers will also attend to discuss this and update the Commission on the Runway project plans. www. KenaiAirport.com Municipal Airport .,,. i~~. - -~~-: _ ,~~/ ~~ t6re city a f ~/ KENA~ SKA "V'lfa9e Luit~t a Past, Gi~ 210 Fidalgo Avenue, Kenai, Alask Telephone: 907-283-7535 /FAX: 7992 MEMO: TO: Airport Commission FROM: Rick Koch DATE: August 1, 2007 SUBJECT: Title 21 Kenai Municipal Airport and the Airport Reserve The purpose of this correspondence is for administration to provide comments regarding language drafted by the City Attorney, incorporating Airport Commission suggestions for KNIC 21.10.090 Length of Lease Term. For clarity I have attached a copy of the document drafted by the City Attomey. Administration recommends against the abbreviated lease matrix and lease extension matrix and continues to recommend the following lease and lease extension matrices: (1) The maximum term of a new lease or a renewal of an expiring lease shall be determined according to the following table: Applicant's Investment/ Maximum Term Value (in U.S. Dollar) (In Years) Less than $ 100,000 5 $ 100,000 - $ 199,999 10 $ 200,000 - $ 299,999 15 $ 300,000 - $ 399,999 20 $ 400,000 - $ 499,999 25 $ 500,000 - $ 599,999 30 $ 600,000 - $ 699,999 35 $ 700,000 - $ 799,999 40 $ 800,000 - $ 899,999 45 $ 900,000 - $ 999,999. 50 More than $ 1,000,000 55 (2) (2} The maximum term for a lease (initial lease plus extension(s)) shall be fifty- five years. The length of the extension(s) shall be determined according to the following table: Applicant's Additional Investment/ Lease Extension Value (in U.S. Dollar) (In Years) Less than $ 100,000 5 $ 100,000 - $ 199,999 10 $ 200,000 - $ 299,999 15 $ 300,000 - $ 399,999 20 $ 400,000 - $ 499,999 25 $ 500,000 - $ 599,999 30 $ 600,000 - $ 699,999 35 $ 700,000 - $ 799,999 40 $ 800,000 - $ 899,999 45 $ 900,000 - $ 999,999 50 The lease matrix and lease extension matrix included in the attached language aze both too generous in lease term for the applicants investment value; and fail to provide a sufficient gradient of lease term. Under the draft language an applicants proposed permanent improvement with a value of only $ 101,000 would result in a lease term of 25 years, or an investment of only $ 301,000 would result in a lease term of 55 years. This level of investment is too small to result in leases of that length. A leaseholder could invest only $ 301;000 (which is really not a terribly significant investment) and tie-up airport property for 55 years without any additional investment In comparison, under the matrices recommended by administration a leaseholder constructing improvements with a value of $ 301,000 would receive a lease term of 20 years. During the course of the lease the leaseholder would be entitled to extend the term of the lease for continued investments in the improvements. In the event the leaseholder did not continue to invest in the improvements, at the end of the lease (20 years) the Airport/City would have option to renew the leaseholders lease (if the leaseholder wanted to renew) or seek a new tenant. What is important is that it is the Airport/City's option. In the event there was little activity at the airport a lease renewal may be appropriate, but if there is a high degree of airport activity it certainly would not be. This provides the Airport/City with the means to respond to market conditions without being tied to 55 year leases with low initial investment and no incentive for continued investment on the part of the leaseholder. The lease and lease extension matrices recommended by the administration provide a logical and reasonable gradient to establish lease term based on the applicants investment value, and will encourage initial and continued investment in leaseholder improvements. The draft KMC 21.10.090(d)(2) states "The lease term for land used for a general auiation hanger shall not be more than 20 years." Administration suggests this clause be deleted and the issue of general aviation leases addressed in a more comprehensive manner in the future, possibly including separate matrices for general aviation. Administration would like to draft language specific to general aviation leases and submit that information to the Airport Commission for review and discussion. Deletion of this clause would also require the deletion of draft KMC 21.10.090(d)(6). The draft KMC Z 1.10.090(d)(3) states "For anon-aviation related purpose, the maximum term for a lease, or renewal or extension shall be five (5) years." Administration suggest this clause be deleted and non-aviation use of airport reserve lands be administered through special-use permitting. This is the process in which these situations are presently administered. Thank you for your consideration in these matters. Attachment Cc: Kenai City Council Mary Bondurant, Acting Airport Manager ~~~\ 1 tJzecityaf KENAA~ SKA ®`V°l(a~e wit~t a past, Gi~ w pC. 210 Fidalgo Avenue, Kenai, Alask Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us MEMCIRANDUM TO: Airport Commission FROM: GR~ Cary R. Graves, City Attorney DATE: August 2, 2007 RE: Airport Reserve Lease Term Changes Attached is a draft of a revised KMC 21.10.090 (Length of Lease Term). Since legislative format can be confusing, I thought it would be better if I covered the changes in a memorandum. I tried to follow my notes and incorporate the ideas of the Commission into the draft, but I may not have gotten them the way you would like. I will be at the meethig on August 9s' so we can go over the ordinance at the meeting and make the changes you need. There are seven main areas where changes were made in KMC 21.10.090. 1. Subsection (b) was changed to provide that a lease issued under the matrix in subsection (d)(1) may not be longer than the remaining useful life of the improvements. Thus, even if you spend more than $300,000 on improvements, a person would only get athirty-five year lease if that is the remaining useful lifetime of the improvements. 2. In (d)(1) the term of lease was increased from 35 to 55 years for aviation related purposes and a new matrix was added. The matrix numbers came from my notes of the meeting. 3. Subsection (d)(2) was added to allow for leasing of land for general aviation hangers where the improvement value is less than $100,000. It is an exception to the leasing matrix. Under the new matrix a person who built a $75,000 hanger would only get a five-year lease. This exception would allow them to get atwenty-year lease. As I understand it, the rational is that it is hard to economically justify building general aviation hangers if the city is only going to give five-year leases for investments of under $100,000. 4. Subsection (d)(3) limits the granting ofnon-aviation related leases in the reserve to a maximum of five years. The idea is that the reserve is really meant to be available for airport related functions. Non-airport related activities maybe located nearby on non- Airport Commission August 2, 2007 Page 2 of 2 airport reserve land, However, it does allow for some short-term non-auiation related. land use in the reserve. 5. Subsection (d)(4) provides a new matrix for lease extensions for aviation related purposes with the maximum term for an extension (the original lease term plus any extension) as 55 years. However, it also provides that a lease may not be extended past the "remaining useful life" of the improvements and provides a method for. getting a report on the remaining useful life-nfthe improvements. 6. Subsection (d)(5) allows a bona fide purchaser of aviation related airport improvements to get a lease extension of up to 55 years based on the matrix in (d)(1). It also provides for a cap of the extension for the remaining useful life of the improvements. Subsection (d)(6) allows a bona fide purchaser of a general auiation hanger valued at less than $100,000 to get a lease extension of up to 20 years. It also has a cap so that the extension may not be longer than the remaining useful life of the hanger. Let's say I have five years left on my lease and I sell my hanger to a third party. If the hanger only has a remaining useful life often years, the purchaser would only get afive-year extension rather than afifteen-year extension. Please let me know if you have any questions, comments or proposed changes to the draft. KMC 21.10.090 Length of Lease Term '~~~. ~+ ~, ~~m,, ~Ip ';-i (a) Unless the City determines a shorter lease term is in the best interest of the City, the length of term for a lease granted for land within the Airport Reserve will ordinarily be based on the amount of investment the applicant proposes to make in the construction of new permanent improvements on the premises during the first twenty-four months following the beginning date of the lease or lease extension. (b) Unless the City determines a shorter lease teen is in the best interest of the City, the length of term for a lease renewal shall be based on a City approved appraisal of the value of the permanent improvements on the property as set forth in the table in subsection (d)(1) of this section or the remaining useful life of the improvements, whichever is less. The appraisal shall be performed by an independent appraiser certified under Alaska Statute 8.87 with experience appraising airport improvements. The appraisal shall be paid for by the lessee. (c) if the applicant proposes to invest less than one hundred thousand dollars ($100,000.00) or more in new permanent improvements on the premises, the maximum term of a new lease shall be five (5) years. (d) Except for Section (d)(2) or (3) below, if the applicant proposes to invest one hundred thousand dollars ($100,000.00) or more in new permanent improvements on the premises: (1) For an aviation related purpose, the maximum term of a new lease or renewal of an expiring lease shall be determined according to the following table: Applicant's Investment/Value Maximum (in U.S. Dollars) is: Term of Years Less than $100,000 5 $100,000 --$299,000 25 $300,000 or more 55 (2) The City may lease airport reserve land for use as general aviation hangers where the investment value is less that $100,000 if the term of lease is not more than twenty years. (3) For anon-aviation related purpose, the maximum term for a lease, or renewal or extension shall be five (5) years. (4) For an aviation related purpose, the maximum term extension of an existing lease (initial lease plus extensions) shall be fifty-five (55) years. The length of the extensions} shall be determined by the following table: Applicant's bivestmentlValue Maximum (in U.S. Dollars) is at Least Term of Years $50,000-$100,00 5 $100,000--$299,000 25 $300,000 or More 55 However, no existing lease term shall be extended beyond the remaining. useful life of the improvements. The applicant shall acquire at his/her sole expense a written opinion of the remaining useful life of the improvements "~~~~-_ by an architect or engineer registered under AS 08.48 or a general real ,, r, estate appraiser certified under AS 08.87. (5) Except for subsection (d)(6) below, a bona fide third party purchaser of aviation related airport improvements may get an extension for an existing lease acquired with improvements based on a City approved appraisal of -_Ta the improvements purchased. Unless the City determines a shorter lease term is in the best interest of the City, the extension shall be based on the table is subsection (d)(1) of this section provided no extension shall extend a lease term past fifty-five {55) years or the remaining useful life of the improvements, whichever is less. The applicant shall acquire at his/her expense a written opinion of the remaining useful life of the improvements by an architect or engineer registered under AS 08.48 or a general real estate appraiser certified under AS 08.87. (fi) A bona fide third party purchaser of a general fund aviation hanger valued x at less than one hundred thousand dollars ($100,000.00) may get an extension for an existing lease acquired with improvements provided no extension shall extend a lease team past twenty years (20) or the remaining ~~~ useful life of the improvements whichever is less. The applicant shall acquire at his/her sole expense a written opinion of the remaining useful ~ * -. life of the improvements by an architect or engineer registered under AS 08.48 or general real estate appraiser certified under AS 08.87. (e) In the lease granted to the applicant, the City Manager will include a provision ~~ & requiring the applicant to substantially complete the proposed improvements within. a reasonable period of time, considering the cost and nature of the improvements. Provided, however, that the time allowed shall not ordinarily exceed riventy-four (24) months after the effective date of the lease. (f) In the lease extension granted to the applicant, the City Manager will included a provision requiring the applicant to complete the additional proposed ~~~` improvements within a reasonable time period considering the cost and nature of the improvements provided that the time period shall not ordinarily exceed twenty-four (24) months after the effective date of the lease extension. (g) The City Manager will include a provision in a lease extension requiring the lessee to provide a performance bond, deposit, personal guarantee, or other security if the Manager determines security is necessary or prudent to ensure the applicant's completion of the permanent improvements within the time period set under subsections (e) or (f) of this section. The City Manager will determine the form and amount of the security according to the best interest of the City, considering the nature and scope of the proposed improvements and the financial responsibility of the applicant. (h) The applicant shall, within thirty (30) days after completion of the permanent improvements, submit to the City Manager written documentation that the improvements have been completed as required under subsection (e) or (f) of this section. (i) if the applicant shows good cause to the City Manager and the Manager "a determines the action is not inconsistent with the City's best interest, the Manager may grant an extension that is sufficient to allow for the completion of the permanent improvements or for submission of documentation that the permanent improvements have been completed under this section. No extension or combination of extensions granted will exceed twelve (12) months. ~~~ (~) If, within the time required under subsection (e) or (f) of this section, including - - any extension under subsection (i} of this section, the applicant fails to complete ,~ the required permanent improvements, the City Manager will execute the ""' forfeiture of the performance bond, deposit, personal guarantee, or other security posted by the applicant under subsection (g) of this section to the extent necessary to reimburse the City for all costs and damages, including administrative and legal ~~ costs, arising from the applicant's failure to complete the required improvements, and initiate cancellation of the lease or reduce the term of the lease to a period " consistent with the portion of the improvements substantially completed in a ~, ~: timely manner according to the best interests of the City. (k) The. City Manager shall review rates, charges and the investment value in this chapter every five years to determine if adjustments should be made. (1) When used in this section the following terms shall have the meanings given: ~~, (I) `Expiring lease" means a lease with less than one (l}year of term remaining. ',~~, ~ (2) `Existing lease" means a lease with at least one (1) year of term remaining. (3) "Permanent improvement" means a fixed addition or change to the land that is not temporary. "Permanent improvement" includes: (A) A building addition, retaining wall, storage tank, earthwork, fill t,: material, gravel and pavement, and (B) Remediation of contamination for which the applicant is not n~ , responsible; (C) "Permanent improvement" excludes items of ordinary maintenance, such a glass replacement, painting, roof repairs, ~~ door repairs, plumbing repairs, floor covering replacement or pavement patching. "I/'lla9e wit~i a Past, City U . - 210 Fidalgo Avenue, Kenai, Alaska Telephone: 907-283-7535 /FAX: 907-283-3014 t''~~' __ .•: _~`z, ; .:~~ 1992 thecityof KENA~ SKA MEMO: TO: Airport Commission FROM: Rick Koch DATE: August 1, 2007 SUBJECT: Composition of Airport Commission During the last Council meeting there was discussion regarding the above referenced subject. The purpose of this correspondence is to present my thoughts regarding the specific representation for a re-constituted airport advisory commission. The Council would like you to discuss this and put forth arecommendation. One Member -Professional in the field of monetary investment and/or banking. One Member -General Aviation aircraft owner with aircraft based at Kenai Municipal Airport. One Member- Leaseholder in the Terminal Facility. One Member -Professional in the field of real estate. One Member -Individual with expertise in Federal Aviation Administration functions. One Member -Individual with expertise in the Field of commercial development. One Member - At large. I also thought about a representative from the KEDS group being an assigned seat on the airport advisory commission, but then decided if the Mayor/Council wishes to consider a KEDS representative it could be accomplished with the at-large seat. Page 2 Memo to City Council August 1, 2007 Thank you for your attention in this matter. If you have any questions please contact me at your earliest convenience. t ~~-~ t(re city o "~i'~~a e ~vit~i ~ Past, Gi ~,~ trw VO- • ,~ ~' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 vvww.ci.kenai.ak.us ~~~l..~lOL3.1~I1.~ 111V1 TO: C~,~ Mayor Porter and the Kenai City Council FROM: Cary R. Graves, City Attorney DATE: June 13, ?007 RE: Composition of the Airport Commission The issue 9f the composition of the Airport Commission came up during the last Council meeting. The Airport Commission is made up of seven members and anon-voting Council liaison.l Corrunission members do nat need to be residents of the city? They serve three year terms' The membership of the commission is structured as follows4 (a} One member, fixed base operator (FBO). (b) One member, lessee of airport aeronautical lands ar terminal facility. (c} One member, with expertise in Federal Aviation Administration functions. (d) One member, representing the Civil Air Patrol. (e) Three members, at-lazge, representing the business and professional commmunity. (f) One non-voting member, representing ad hoc member of the Kenai City Council. Historically, in Kenai the at-large members representing the business gird professional community have been persons with an interest in general aviation.. In Soldotna the Airport Commission is made up of five members.s They are appointed for three year terms. Ona is a member of the Planning and Zoning Commission, two are airport users, and two are at-large members. One of the at-large members may be a sitting council member. _, The City Manager is anon-voting ex-officio member and provides staff support. KMC 21.20.030 '' KMC 21.20.020 KMC 190.040 KMC 21.20.030 "SMC 2.50.040 ~ SMC 2.50.01.0 1is AGENDA KENAI CITY COUNCIL -REGULAR MEETING JULY 18, 2007 7:00 P.M. KENAI CITY COUNCIL CHAME http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Al1 items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one mofion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part. of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Larry Lewis, Alaska Fish & Game -- Need for Stricter City of Kenai Garbage Ordinance. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) ~~/~~< 1. Ordinance No. 2230-2007 -- Amending KMC 21.10.090(4)(1) and (2) by ~ $/j,~~j.7 Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension from 35 to 55 Years. (Clerk's Note: Council approved Ordinance No. 2230-2007 for reconsideration at its June 6, 2007 meeting and postponed action to Juty 18, 2007.) ~~~,~~ 2. Ordinance No. 2238-2007 -- Amending Title 11 of the Kenai Municipal Code ~ by Eliminating the City of Kenai Harbor Commission, Reassigning Its Duties to Other Entities Within the City of Kenai and Updating Regulation of the Harbor Area. (Clerk's Note: Council introduced Ordinance No. 2238-2007 of the June 6, 2007 meeting and postponed action at the June 20, 2007 meeting to July I8, 2007.) `~~{ 3. Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport ~ Commission More Authority Over Leasing Decisions Within the Airport Reserve. N~E- ~~r°F~~ Pyyc,4. Ordinance No. 2241-2007 -- Amending KMC 21.20.010 to Authorize the Airport Commission to Make Recommendations to the City Manager on the Airport Budget. // _ /~ 5. Resolution No. 2007-42 -- Authorizing the City of Kenai to Issue General 7."Plr~"6t Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to Finance the Cost of Planning, Designing, Acquiring Property for, and Constructing Kenai River Bluff Erosion Control Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the City at the October 2, 2007 City of Kenai General Election. (Clerk's Note: Resolution No. 2007-42 was postponed from the July 3, 2007 meeting to July 18, 2007 for a second public hearing.) P~~ 6. Resolution No. 200T-43 -- Authorizing the City of Kenai. to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to Finance the Cost of Planning, Designing, Acquiring Property for, and Constructing Library Capital Improvements, and to Submit the question of the Issuance of Such Bonds to the Qualified Voters of the City of Kenai at the October 2, 2007 City of Kenai General Election. (Clerk's Note: Resolution No. 2007-43 was postponed from the July 3, 2007 ,,// meeting to July 18, 2007 for a second public hearing.) Gic.~l,7 Resolution No. 2007-51 -- Opposing the Proposed Listing of Cook Inlet Beluga ~`~~>'~~ Whales Under the Endangered Species Act (ESAj. ITEM F: MYNUTES 1. *Regular Meeting of June 20, 2007. 2. *Regular Meeting of July 3, 2007. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS ,~I j,~~ 1. Bills to be Ratified e2„~~ryeG~ 2, Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2242-2007 -- Increasing Estimated Revenues and Appropriations by $2,798.25 in the General Fund Fire Department for a Donation From the Firefighters Association. 4. *Ordinance No. 2243-2007 -- Increasing Estimated Revenues and Appropriations by $2,500.00 in the General Fund for Police Training. 5. *Ordinance No. 2244-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Library Award. *Ordinance No. 2245-200? -- Amending KMC 14.20.125(a) by Deleting the Requirement that Conflicts Between Residential and Business Uses in the Central Mixed Use Zone Will Be Resolved in Favor of Business. 7. *Ordinance No. 2246-2007 -- Amending the Land Use Table In KMC 14.22.010 for the Central Commercial Zone (CC Zone) by Changing "Warehouses", "Cemeteries" and "Surface Extraction or Natural Resources" (i.e. Gravel Pits) From a "C" (Allowed by Conditional Use) to an "N" (Not Permitted) and Changing "Wholesale Business" From a "P" (Principal Permitted Use) to an "N" (Not Permitted). 8. *Ordinance No. 2247-2007 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 180.92 Acres in the City of Kenai to the Central Mixed Use Zone. The Area Includes Parcels Currently Zoned General Commercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Coral Street and Properties Along Main Street Loop, North Willow Street and Airport Way. ~,n 9. Approval -- Facility Management Services Agreement/ConocoPhillips "/'"~ Multi-Purpose. Facility -- DR Ice. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Joint Kenai River Working Group ITEM J: REPORT OF THE MAYOR ITEM K: ADMINYSTRATION REPORTS City Manager Attorney City Clerk ITEM L: DISCUSSION Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (This item lists legislation which wilt be addressed at a Later date as noted.) Ordinance No. 2202-2006-- Amending K1tiIC 11.05.090 to Limit the. Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection 'Iwo-cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, Including Parcels Currently Zoned General Commercial, Central Commercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way. (4/4/2007, Tabled, no time certain.) EXECUTIVE SESSION -- Annual Evaluation of City Clerk and City Attorney YTEM M: ADJOURNMENT AGENDA KENAI CITY COUNCIL -REGULAR MEETING AUGUST 1, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai:ak.us YTEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion.- There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part. of the General Orders. ITEM B: ITEM C: ITEM D: ITEM E: 1. ~~~ ~, 2. ~~~~ ~ 3. ~~~~ ~ ~~~ ~ ~~ ~~ r "~ 4. SCHEDULED PUBLIC COMMENTS (10 minutes) UNSCHEDULED PUBLIC COMMENTS (3 minutes) REPORTS OF KPB ASSEMBLY LEGYSLATORS AND COUNCILS PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2242-2007 -- Increasing Estimated Revenues and Appropriations by $2,798.25 in .the General Fund Fire Department for a Donation From the Firefighters Association. Ordinance No. 2243-2007 -- Increasing Estimated Revenues and Appropriafions by $2,500.00 in the General Fund for Police Training. Ordinance No. 2244-2007 -- Increasing Esfimated Revenues and Appropriations by $1,000 in the General Fund for a Library Award. Ordinance No. 2245-2007 -- Amending KMC 14.20.125(a) by Deleting the Requirement that Conflicts Between Residential and Business Uses in the Central Mixed Use Zone Will Be Resolved in Favor of Business. 5. Ordinance No. 2246-2007 -- Amending the Land Use Table In KMC 14.22.010 for the Central Commercial Zone (CC Zone) by Changing "Warehouses", "Cemeteries" and "Surface Extraction or Natural Resources" (i.e. Gravel Pits) From a "C" (Allowed by Conditional Use) to an "N" (Not Permitted) and Changing "Wholesale Business" From a "P" (Principal Permitted Use) to an "N" (Not Permitted). 6. Ordinance No. 2247-2007 --"Amending the Official Kenai Zoning Map ~, , q ~ by Rezoning Approximately 180.92 Acres in the City of Kenai to the Central Mixed Use Zone. The. Area Includes Parcels Currently Zoned General Commercial, Light Industrial and Suburban Residential and is U Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Coral Street and Properties Along Main Street Loop, North Willow Street and Airport Way. v`~ 7. Resolution No. 2007-52 -- Declaring Equipment,. Supplies, and ~ ~ q, Materials Surplus or Obsolete. ~ b 8. Resolution No. 2007-53 -- Awarding the Bids for an Animal Control 1/2 ~. • -Ton Van for the Total Amount of $20,984.00 to Stanley Ford, Ina and a ~ ~ ~ ~ Building Maintenance 3/4 -Ton Van for the Total Amount of $23,832.00 C dill I Ch l i ry (y 7 a ac, na evro et to Hutch ngs 9. Resolution No. 2007-54 -- Transferring $8,250 in the General Fund to ~' Pay for Abatement of Structures Declared Unsafe or Dilapidated Under ~~ ~~Lj the International Property Maintenance Code as Adopted by the City of Kenai in KMC 4.10.010-02G. 10. Resolution No. 2007-55 -- Designating the State of Alaska, Department a„~-' of Environmental Conservation (ADEC) Grant Funds for the Project (~ ~ Entitled "City of Kenai New Municipal Water System Production Wells, /U. " Arsenic Removal Equipment, a Transmission Main, and Related ~~ Improvements," as the Number One Local State Funding Priority for Fiscal Year 2009. YTEM F: ITEM G: ITEM H: MINUTES *Regular Meeting of July 18, 2007. UNFINISHED BUSINESS NEW BUSYNESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2248-2007 -- Increasing Estimated Revenues and Appropriations by $27,532 in the Senior Fund for Additional Grants and Donations. 4. *Ordinance No. 2249-2007 -- Amending Ordinance Number 2194-2006 by Amending the Purchase Agreement Authorizing the Sale of Approximately 14.784 Acres of land Described as Lot A, Baron Park Subdivision, 2006 Replat to Lowe's Home Improvement Warehouse, Inc. (Lowe's) by Adding a "Put Right" for One Year After the Close of the Sale Whereby at Lowe's Option the City of Kenai Would Repurchase the Property for the Purchase Price Paid. by Lowe's Minus Any Real Estate ',,.,,~~ Commission Paid by the City of Kenai. ~ f-~`~ > 5. Discussion -- Scheduling Work .Session(s) 4. ~~ "~ a a. Council Meeting Broadcasting `w b. ;City of Kenai Bear Population and Related Topics V 6. Approval -- Vacatiom of the West 132-Feet of the 33-Foot Right-of-Way Access Easement Within the North 33' of Government Lot 33 Recorded in Book 12, Page 40, Kenai Recording District, All Within Section 34, Township 6 North; Range 11 West; Seward Meridian, Alaska, the city of Kenai and the Kenai Peninsula Borough. KPB File No. 2004-251. Location: City of Kenai. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8s Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beaufification Committee b. Alaska Municipal League Report c. Joint Kenai River Working Group d. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (I/17/07, Tabled, no time certain.) Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, dncluding Parcels Currently Zoned General Commercial, Central Commercial, Light Industrial and Suburban Residenfial and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way. (4/4/2007, Tabled, no time certain.) Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension from 35 to 55 Years. (6/ 6/ 07, approved for reconsideration; 6/ 6/ 07 postponed action to 7/ I S/ 07; 7/ 18/ 07, postponed action until 8/15/07.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7/18/07, Tabled, no time certain.) EXECUTIVE SESSION -- Evaluation of City Attorney YTEM M: ADJOURNMENT