HomeMy WebLinkAbout2007-11-08 Airport Commission PacketKENAI AYRPORT COMMISSION
NOVEMBER S~ 2007
KENAI CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- October 11, 2007
ITEM 4: PERSONS SCHEDULED TO BE HEARD
a. Kellie Kelso -- Walker Lane Utility Issue
b. Buck Steiner -- Walker Lane Utility Issue
c. Sheila Phillips -- Walker Lane Utility Issue
ITEM 5: OLD BUSINESS
YTEM 6: NEW BUSINESS
a. Discussion/Recommendation -- Walker Lane Utility Issue
b. Discussion/Recommendation -- 2008 Kenai Peninsula Air Fair
ITEM 7: REPORT
a. Commission Chair
b. Airport Manager
c. City Council Liaison
ITEM 8: COMMISSIONER COMMENTS AND QUESTYONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10:
a. Kenai City Council Meeting Action Agendas for October 3 and 17, 2007.
b. 2007 Float Plane Basin Activity
ITEM 11: ADJOURNMENT
PLEASE CONTACT tJ5 IF YOIJ WILL NOT BE ABLE
TO ATTEND TFiE MEETING:
COREY -- 283-8250 OR, MARY -- 283-7951
Item 3.
KENAI AIRPORT COMMISSION
OCTOBER 11, 2007
KENAI CYTY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY
a. September 13, 2007
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussson/Recommendation -- Taxiway Designations
ITEM 6: NEW BUSINESS
%TEM 7: REPORT
a. Commission Chair
b. Airport Manager
c. City Council Liaison
ITEM 8: COMMISSIONER COMMENTS AND pUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION ITEMS
a. Kenai City Council Meeting Action Agendas for September 19 and October
3, 2007.
b. Alaska Airmen's Association Letter
YTEM 11: ADJOURNMENT
KENA% AYRPORT COMMISSION
OCTOBER 11, 2007
KENAI CITY COUNCIL CHAMBERS
7:00 P.M.
CHAIR HENRY KNACKSTEDT,
MEETING SUMMARY
ITEM 1: CALL TO ORDER AND ROLL CALL
Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was
confirmed as follows:
Commissioners present: J. Bielefeld, H. Knackstedt, C. Versaw, D. Haralson, L.
Porter
Commissioners absent: J. Zirul, E. Mayer
Others present: Airport Manager M. Bondurant, Council Member R. Molloy
A quorum was present.
ITEM 2: AGENDA APPROVAL
MOTION:
Commissioner Haralson MOVED to approve the agenda and Commissioner Porter
SECONDED the motion. There were no objections. SO ORDERED.
YTEM 3: APPROVAL OF MEETING SUMMARY -- September 13, 2007
MOTION:
Commissioner Haralson MOVED to approve the meeting summary of September 13,
2007. Commissioner Porter SECONDED the motion. There were no objections. SO
ORDERED.
YTEM 4: PERSONS SCHEDULED TO BE HEARD -- None
ITEM 5: OLD BUSINESS
5-a. Discussion/Recommendation -- Taxiway Designations
Airport Manager Bondurant noted she met with the Project Engineer, the City Engineer
and the FtLA in Anchorage to discuss the Commission's safety concerns with the new
taxiway signage plan. She noted two signage plans were the result of this discussion
which she discussed with the Commission.
Commission comments included:
• Dissatisfaction with the parallel taxiway remaining Taxiway Alpha.
• A recommendation to eliminate the reserved Taxiway "E" designation and
have the taxiways run sequential north to south as in Plan One B --
North to South.
MOTION:
Commissioner Haralson MOVED to accept Plan One B -- North to South, showing no
reserved Taxiway "E." Commissioner Porter SECONDED the motion.
VOTE:
Zirul . ABSENT Bielefeld NO Knackstedt YES
~ Versaw YES Mayer ABSENT Haralson YES
Porter YES ~ J ~
MOTION PASSED.
ITEM 6: NEW BUSINESS -- None
ITEM 7: REPORT
7-a. Commission Chair -- Knackstedt reported a floatplane basin user was
unhappy the basin closed prior to October 15. The Airport Manager stated she would
contact the user and explain the closure was due to ice in the channel.
7-b. Airport Manager -- Bondurant noted during the meeting with FAA
additional funding was requested for work on the Airport. As a result, the Airport
would receive almost $1 Million for a drainage ditch at the basin, part 77 airspace
cleanup of asphalt and concrete, general aviation lighting replacement, fencing and
gates, a lighted windsock midfield and replacement of 100 taxiway lights with new
LED / Transf/ Gilsonite.
7-c. City Council Liaison -- Molloy reported on Airport related items from the
City Council's October 13, 2007 meeting.
ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS
Porter stated concerns that aircraft did not observe the "no wake" rules at the basin.
The Airport Manager stated she would look into rules and regulations for enforcement.
Bielefeld requested an update to the lease lot development at the north end and when
surveying would be done.
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None
ITEM 10: INFORMATION %TEMS
AIRPORT COMMISSION MEETING
OCTOBER 11, 2007
PAGE 2
10-a. Kenai City Council Meeting Action Agendas for September 19 and October
3, 2007.
10-b. Alaska Airmen's Association better
ITEM 11: ADJOURNMENT
MOTION:
Commissioner Porter MOVED to adjourn and Commissioner Haralson SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting adjourned at
approximately 8:49 p.m.
Minutes prepared and submitted by:
Corene Hall, Deputy City Clerk
AIRPORT COMMISSION MEETING
OCTOBER 11, 2007
PAGE 3
V
Suggested by: councilor Molloy
CYTY OF KENAI
RESOLUTION NO. 2009-62
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING
THAT LOT 1-A SPRUCEWOOD GLEN SUBDIVISION NUMBER TWO BE REPLATTED
AND THAT A PORTION OF THE PROPERTY IN THAT LOT BE PRESERVED AS A
BUFFER.
WHEREAS, the City of Kenai is the owner of property currently known as Lot 1-A
Sprucewood Glen Subdivision Number Two (Lot 1-A); and,
WHEREAS, the City of Kenai has owned Lot 1-A and the adjacent parcel (the Parcel) on
the Kenai Spur Highway between Beaver Loop Road (now Bridge Access Road) and
First Avenue South (now Walker Lane) since 1963; and,
WHEREAS, in 1976 the Advisory Planning and Zoning Commission of the City of Kenai
(the Advisory Commission) in Resolution 76-3 recommended that the Parcel be rezoned
from suburban residential to general commercial to reflect the need for commercial
property and that the property was not well suited for residential development; and,
WHEREAS, during the process of rezoning the property the Advisory Commission
recognized the need to create a buffer for the private residential property nearby in
order to properly develop the city owned property commercially; and,
WHEREAS, creation of the buffer strip was an integral part of the commercial
development of the Parcel; and,
WHEREAS, the following the property being rezoned general commercial, the property
was replatted in 1978; and,
WHEREAS, Plat Number 78-106 listed a 120' wide buffer strip on property then known
as Lot 1, Spur Division Number One and now known as Lot 1-A Spur Subdivision
Number Two; and,
WHEREAS, the purpose of the buffer was to screen the new commercial subdivision
from the residential area east of what was then First Avenue South (now Walker Lane);
and,
WHEREAS, after being replatted, the Parcel was commercially developed including a
gas station, bowling alley, grocery store, fast food restaurant, office building and a
three story hotel in construction; and,
WHEREAS, after the property was rezoned, it was replatted in 1984 (Plat Number 84-
305); and,
Resolution No. 2007-62
Page 2 of 2
WHEREAS, Plat Number 84-305 removed the buffer zone on Lot 1-A that had been
included in the previous plat; and,
WHEREAS, the minutes of the March 23, 1983 Advisory Planning and Zoning
Commission indicate the buffer was removed to allow development of residential lots
along the west side of Walker Lane; and,
WHEREAS, the Council of the City of Kenai finds that the west side of Walker Lane is
not suitable for residential development; and,
WHEREAS, Council of the City of Kenai finds that a buffer is needed between the
commercial development on the Parcel and the residential development on the east
side of Walker Lane; and,
WHEREAS, on October 3, 2007 the Council of the City of Kenai authorized the City
Manager to enter into an agreement with Homer Electric Authority (HEA) whereby: 1)
the City would grant HEA atwenty-foot (20~ utility easement along the entire western
boundary of Lot i-A; 2) t'rie City would clear and grab the easement area at its cost; 3)
HEA would agree to retire the existing 24,900 volt overhead transmission main and
vacate its sixty-foot easement along the eastern boundary of Lot 1-A within five years
at no cost to the City; 4) that Aspen Hotel has agreed to compensate Alaska
Communications System (ACS) to move. its underground communication cable from the
existing sixty-foot (60') easement to the proposed twenty-foot (20') easement; and,
WHEREAS, the Council of the City of Kenai finds it is in the best interest of the City of
Kenai to replat Lot 1-A as shown on Attachment "A" and re-establish a buffer between
the commercial development on the Parcel and the residential area on the eastern side
of Walker Lane.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Council of the City of Kenai authorizes the City Manager to proceed
with replatting Lot 1-A, Sprucewood Glen Subdivision Number Two, Kenai, Alaska as
shown on Attachment "A."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
October, 2007.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
,..
the c~' y ~o f
KENA~ SKA
°`V fla~ye wit~r a Past, Gi~ witti a Fut~v°e °°
210 Fidalgo Avenue, Kenai, Alaska 99611-7794il~
Telephone: 907-283-7535 /FAX: 907-283-3014 i' ~l
1992
MEMO:
TO: City Council
FROM: Rick Koch
DATE: October 12, 2007
SUBJECT: Resolution 2007-62, Lot 1-A Sprucewood Glen Subdivision
Number Two Re-Subdivision
The purpose of this correspondence is to discuss the preliminary plat administration was
directed by Council to bring back to the October 17a' meeting.
Administration has developed two proposed alternatives.
Alternative Number One
What is presently Lot lA, comprising 3.76 acres, is proposed to be subdivided into Lot A
(0.79 acres), Lot B (2.84 acres), and a 50' ROW dedication of Lawton Drive (0.14 acres).
Lot A is located in the north portion of the subdivision. It abuts Walker Lane on the east,
the Kenai Spur Highway on the north, a private commercial development on the west,
and the proposed Lawton Drive ROW on the south. Administration does not propose this
lot be designated a buffer strip. This property would provide minimal buffering for the
neighborhood along W allzer Lane to the south, and probably has significant value to the
Airport Land Fund as a commercial development.
Lot B comprises the majority of the subdivision (over 75%). It abuts Walker Lane on the
east, the proposed Lawton Drive ROW on the north, commercial property including the
new Aspen Hotel on the west, and Tern Avenue on the south. Administration proposes
that this lot be designated a buffer strip. The tries and vegetation contained in this buffer
strip, including the utility easement to be vacated by HEA will minimize potential
conflict between the residential subdivisions to the east of Walker Lane, and the
commercial developments to the west of the proposed buffer strip.
The proposed 50' ROW dedication of Lawton Drive, overlays the existing 50' wide
easement and public right-of-way, and utility easement at this location. There is an
existing roadway providing access to the new Aspen Hotel, as well as McDonalds, Three
Bears, MediCenter, and. the existing commercial building presently housing Hali's Fish &
Chips that is scheduled for a major re-rnodeUexpansion.
This proposed re-subdivision of Lot lA under altemative number one provides the
following benefits and detriments:
Benefits
1. Proposed Lot B is dedicated as a buffer strip along Walker Lane providing a
separation between residential development and commercial development.
2. An existing 60' wide HEA utility easement inside the proposed buffer strip
will be vacated on or before October 31, 2012.
3. Proposed Lot A is maintained as a commercially developable property for the
benefit of the Airport Land Fund.
4. The existing access road, supporting existhlg and future commercial
development is dedicated as a platted ROW, overlying the existing SO' public
right-of--way and utility easement.
Deteiiments
1. Some property owners along Walker Drive and in Central Heights
Subdivision will oppose the property encompassed by the proposed Lot A
being available for development.
Alternative Number Two
What is presently Lot lA, would remain Lot 1 A, and in its entirety be designated a buffer
strip, except for the pre-existing right-of--way & utility easements.
Lot lA abuts Walker Lane on the east, the Kenai Spur Highway on the north, private
eonunercial development to the east, and Tern Avenue to the south.
The designation of Lot lA, in its entirety as a buffer strip under alternative number two
provides the following benefits and detriments:
Benefits
1. Provides the maximum amount of buffer strip to surrounding properties.
2. An existing 60' wide HEA utility easement inside the proposed buffer strip
will be vacated on or before October 31, 2012.
Detriments
1. A portion of Lot lA will not be available for potential future development
thereby denying future revenue to the Airport Land Fund.
There is a variation that might be considered by Council for alternatives number one as
presented by the administration:
1. Include a 20' buffer strip along the southern boundary of Lot A (along the
proposed Lawton Drive ROW).
Administration Recommendation
Administration recommends the approval of Resolution 2007-62 -Alternative Number
One. This alternative provides for the creation of a buffer strip along the majority of
Walker Lane, reversing the Council action of 1984, which removed the buffer strip. This
alsa provides for a small commercially developable property in an area of increasing
property value that will. bring future revenues to the Airport Land Fund.
Please find the following attachments:
1. Preliminary Plat -Alternative Number One
2. Preliminary Plat -Alternative Number Two
3. Grant of Easement, dated August 4, 1.986
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BO0K0~~7JP6GEZH4
GRANT OF EASEMENT
Know all men by these presents, that the CITY OF KENAI, 210
Fidalgo Street, Kenai, Alaska 99611, hereinafter called Grantors
for and in consideration of Ten Dollars and other goad and
valuable considerations in hand paid, do hereby grant and convey
to EDWIN R. LOWRY, 10819 Kenai Spur Ni9hway, 1i 125, Kenai, Alaska
99611; an easement and public right-of-way,-upon, across, in
through, and under the following described real property situated
in the City of Kenai, Kenai Recording District, Third Judicial
District, State of Alaska, to wit:
An area commencing at the Northeast corner of Section 5,
TSN, R11 W, Seward Meridian, Alaska, proceed SD 05' 00" W
149.45 feet along the section line common to Sections 5 and
4 to a point; thence N90 00' 00" W 33.00 feet to Corner
Number On.e and the Point of Beginning; thence SO OS' 00" W
50.00 feet to Corner Number Two; thence N90 OD' 00" W 120.00
feet to Corner Number Three; thence NO 05'00" E 50.00 feet
to Cnrner Number Four; thence 590 OD' 00" E 120.00 feet to
Corner Number One and the Point of Beginning, containing
6,OOD square feet which is situated in the City of Kenai,
Kenai Recording District, Third Judicial District, State of
Alaska.
f~
TIM ROGERS
GFY AtiORNPY
OTY Of KENAI
s-e-een-see 2b
:Nql. A(q$KA WOiI
RBJ-]590
reserving, however, to the Grantor, his heirs and assigns, the
right to uti.i ize and enjoy the above-described premises
subject to Alaska Statute Sec. 29.71.020 (§18 ch 74 SLA 1985).
Signed and delivered this ~~ day of AyG,UST ,
1986.
STATE OE ALASKA
/ ss.
THIRD JUDICIAL DIST P.I CT )
THIS IS TO CERTIFV that on this ~ day of , ,.
1986, EDWIN R. LOWRY, being personally known to me or aN ng.
produced satisfactory evidence of identification, appeare'd~-6.efore f.,-;
me and acknowledged the voluntary execution of the forego in g,,
instrument. : O'~f"
Notary Pu lic for Alaska ~~/
My Commission Expires: 7 llf~,
STATE OF ALASKA ) ~ ~'"V~
ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ~ day of fis?~ ,
1986, WM. J. BRIGHTON, being personally known to me o. r
produced satisfactory ev idence of identification, app ea r:e'dl'.bafore
me and acknowledged 'the voluntary execution of the f ~regdsh gl ''~
instrument. -~
~~ "- Notary P' blic for%~ ., .~
-,~G-'d- My Commission Expu$s:1 ? /o _
`,, _
'~w4-~~, St.
. , 1"
3jJG ~ ~ ~ 2? 4''~ `~t~J ...
Carol Freas
From: Merri-Gary Duby [merrid@gci.net]
'=nt: Wednesday, October 17, 2007 2:05 AM
~: kenaimayor10@msn.com; cpajoe@altrogo.com; Iswarner@acsalaska.net;
rossrck@hotmail.com; bob@molloyforcounciLcom; "harry eldridge"@yahoo.com;
mboyle@alaska.com; brittharding23@hotmail.com
Cc: Carol Freas
Subject: Resolution No. 2007-62
Good Cay to You A11,
Please do not mistake my absence as net caring about the particular above _efererced
propcsed resolution.
S have been a resident of Kenai since 1974. I am a registered voter and vote every
election opportunity. am married ::^.ave two ch.ildrer., a grandchild and consider Kenai
hcme.
I have read the resolution. and have reviewed the attached plat. I am more confused than I
am clear. It would appear by reading the resolution Lct A is the or.~y parcel of land at
issue yet in looking at the attachment it seems the (buffer strip) as reflected in Lot B
is alsc at issue. I admit my delay in self-education. (please note the time of e-mail) has
resulted in my inability to ask questions of hose who may have answers.
Therefore, I forego the political approach and plea directly from the heart.
I would ask before you vote at this ever.irg's meeting with regard to resolution r.o. 20G7-
62 you first get in your vehicle and take a drive. Drive t:^:e Spur Highway and look at the
-new construction of the Aspen Hotel. Locp around Bridge Access to Tern Avenue and travel
'sth on Walker Lane. Open your eyes and really look. Stop in front of each 'home' and
Kok. Then close your eyes and imagine what you would see without a buffer zone full of
`existing trees. As you reach the last few ':Homes' and stop I recommend keeping your eyes
wide open. and ask yourself what would you desire if this were ycur view from your_iving
room window. I wculd ask you to vote accordingly.
Is there not a way to access and utilize the already cleared strip of land where she
current overhead power lines exist? I wcuid submit no fantastic landscaping can replicate
what nature already has in place.
I clearly understand the benefit of developmer_t. I better understand my :Home town, our
home town, community quality of life. It would sees: to me that ins*_ead cf the two butting
heads a meeting of tine minds could intertwine the two beautifully to benefit all.
Please uphold the current quality of life for the residents whc reside or. the West side of
Walker Lar,e. Please vcte with your eyes wide open..
With heartfelt sincerity,
Nerri Duby fka Swearingen,
606 Ponderosa
powerlines, AK 99611
283-3844
merrid@gci.net
1
Page 1 of 1
Carol Freas
From: Richard Kelso [rkelso@alaska.net]
Sent: Monday, October 15, 2007 8:29 PM
To: Carol Freas
Subject: Walker Lane Buffer Strip
Dear Ms. Freas,
My name is Richard Kelso. I'm uncomfortable speaking in front of Council, but wanted to express my point of
view. I live at 117 Walker Lane, Kenai. My wife and I bought our property 11 years ago and were under the
impression that the strip of trees in front of our property was a buffer strip. We brought our concerns to the City of
Kenai, Wed 3rd Oct. A lot of Walker Lane residents expressed their concerns too. I was certainly under the
impression that the committee had listened to many of our concerns and that the council was proposing
replatting Tract 1A, Sprucewood Glen Subd. No. 2 to be reinstated as a buffer zone with no further development.
I was shocked to read the resolution (No. 2007-52) put forward by the administration for approval at the Oct.
17th council meeting. It was not what the City Council had discussed. We are now seeing a proposal to split
Tract 1A into two lots, A & B. While Lot B has been designated a buffer strip, Lot A remains open for commercial
development: This seems to suggest that the administration feels that those residents who live in front of Lot A
don`t deserve a buffer strip. It is saying that their property will be wcrth less, it is saying that ±heir children. ~ad!i net
be as safe with the increased traffic, it is saying that the revenue the city will generate for this property is worth
more than all these things.
It's a hard tlecisioh, but the right decision is to keep the entire lot as a buffer strip. Please do the right thing -
amend the plat to include both Lots A and B as a buffer strip as recommended at the Oct. 3rd City Council
Meeting.
I appreciate your willingness to listen to a concerned, tax paying resident.
Sincerely,
Richard Kelso
10/16/2007
KENAI CITY COUNCIL MEETING
OCTOBER 3, 2007 ,% ~~~
PAGE 2
MOTION:
Council Member Eldridge MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were
no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
B-1. Brenda Ahlberg, Boys & Girls Club of the Kenai Peninsula -- Club
Update
Ahlberg`s presentation updated council and audience of events, activities, and
available programs at the Kenai Club. ahlberg also noted, t_he Boys &• Girls Club of
the Kenai Peninsula would be celebrating its 20th anniversary in the near future.
B-2. Fire Chief Mfchael Tilly -- Hurst Rescue of the Year Award
Ti11y explained the award was given yearly for a difficult rescue with extenuated /
circumstances utilizing a Hurst tool. Tilly reviewed particulars of a vehicle accident '
that took place on November 24, 2006 and noted he applied for the award. Tilly
introduced the Kenai firefighters/EMTs who made the rescue and the person rescued.
B-3. Kellie Kelso -- Cutting of Trees Between Aspen Hotel and Walker Lane.
Kellie Kelso, 1171 Walker Lane, Kenai -- Expressed concerns the treed area along
the east side of Walker Lane, assumed by many to be a dedicated buffer strip when
purchasing their properties, would be removed with the development of the Aspen
Hotel. Kelso noted:
• Referring to information included in the packet, gave a brief history of
the treed area, i.e. borough records states the property is zoned residential, however it
was actually zoned commercial and was not a buffer zone.
The treed area was under threat due to HEA wanting to move its
easement.
• The residential area along Walker Lane is the only major residential area
in the city abutting a major commercial area.
• The cost to the city to move the easement would be approximately
$10,000, however the loss to the community would be the loss of recreational
opportunity for residents, loss of approximately 450 trees, as well as increased litter,
increased traffic, noise and safety concerns for children.
Kelso reported, in discussing the issues with residents of the area, they would like the
area to be rezoned to Conservation and to keep the area as a buffer strip.
KENAI CITY COUNCIL MEETING
OCTOBER 3, 2007
PAGE 3
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
Jacquie Oberg, 406 Rogers Road, Kenai -- Stated her objection to the loss of the
buffer strip and agreed with Kelso, and referred to the Comprehensive Plan related to
development being separated from residential areas.
Sheryl Samples, 302 Sterling Court, Kenai -- Stated she checked with the borough
as to what the developer would be doing, learned the treed area is city-owned property,
a green strip, and no development would take place. Questioned why the easement
was not discussed prior to the hotel development. She also stated the treed area
served as a buffer from noise and wind.
Debbie Harris, 310 Portlock, Kenai -- Expressed concerns of potential ions, noted
the Comprehensive Plan emphasized the need to maintain green spaces and buffers
between commercial and residential areas, requested council to carefully consider the
zone and what the future use of the property, and stated the need to keep the buffer
between the commercial and residential areas to keep the area livable for the
residents.
Sheila Phillips, 380 Senior Court, Kenai -- Spoke in support of a buffer area, noting
fencing was required between the One Stop and residences in the Thompson Park
area.
Laurie Bookey, 150 Walker Lane, Kenai -- Spoke in support of a buffer area, agreed
with Kelso comments, and noted when purchasing their home, it was understood it
was a buffer zone and hoped council would take that into consideration.
Sheryl Main, 20'7 Walker Lane, Kenai -- Spoke in support of a buffered area noting
tourists want to see trees and requested the buffer stay.
Kay Aber, 205 Portlock Street, Kenai -- Thanked the city for assisting in cleaning
up the neighborhood and spoke in support of keeping the buffer zone.
Bruce Steiner, 1312 Lawton Drive, Kenai -- Noted pressure on council to generate
more income for the city due to cutbacks in state funding for paving, etc., but
encouraged the green strip be kept.
Anthony Helms, 113 Walker Lane, Kenai -- Spoke in support of keeping the buffer
zone, noting the new hotel would loom over the existing trees.
Dan Grant, 201 Walker Lane, Kenai -- Spoke in support of keeping the buffer zone,
noting the woods make the area more livable.
KENAI CITY COUNCIL MEETING
OCTOBER 3, 2007
PAGE 4
Laurie Williams, 111 Walker Lane, Kenai -- Spoke in support of keeping the buffer
zone as a separation between the commercial and residential zones.
H-13. Discussion/Approval -- Dedication of Utility Easement/Lot 1, Spur
Subdivision No. 1.
City Manager Koch reviewed the information included in the packet and noted the
following:
• Two issues had been brought up and Administration was bringing
forward only the easement, i.e. land use was not a part of it.
• The issuance of the 20' easement in exchange for the existing 60'
easement on the property would protect the property as a buffer strip more than it was
currently or in the future.
• Administration believed it would be in the best interest of il"ie city to
grant the easement, the vacation, and removal of the power line in the existing
easement for whatever purpose ultimately decided for the property.
• Research indicated the strip had been platted as buffer strip (recorded
1978); significant discussion took place by city administration, Planning 8v Zoning,
and others in 1984 related to platting lots and the ultimate use of the property, i.e.
rural residential, commercial, etc.; the 1978 plat indicated Lot 1 was a 120' buffer
strip and a plat note stating the lot was reserved for a buffer strip to screen the
subdivision from the residential area east of First Avenue and was not intended for
development.
• The 1984 replat of the area indicated the removal of the buffer strip
designation.
• HEA and other utilities exist in the 60' easement and approximately 25
feet of the easement has been cleared though there was nothing to keep HEA or other
utilities from clearing more of the easement.
• Because HEA was receptive to vacating the 60' easement and placing
utilities underground in the 20' easement, he had the surveyor contact all other
utilities to learn if they would be willing to agree the utility easement would not be
needed for their future purposes and all agreed to do it within five years.
• Aspen Hotel agreed to pay ACS to move its utility out of the 60'
easement.
• It would be a council decision whether or not to use the property for
commercial purposes or a buffer strip.
Discussion followed with comments including:
• The 20' easement would be on the side of the trees and not on the side of
the road where all utilities would be placed underground.
• In order for the work to be done to bring power to the hotel, it would be
better to go forward with the easement trade as soon as possible.
KENAI CITY COUNCIL MEETING
OCTOBER 3, 200'7
PAGE 5
• Because the property's dedication as a buffer strip was part of the sale
transaction related to the adjoining grocery store property, the Airport Fund had
already been compensated for the property and would not require the General Fund to
purchase it from the Airport Fund again.
• Reasonable direction would be to trade the 60' easement fora 20'
easement with the argument related to the original use of the property as being a part
of the commercial sale.
• Suggestion to postpone the issue to the next meeting in order to receive
additional documentation related to the original use of the property, easement
discussion, costs, mitigation, etc.
• Bring forward a resolution to do the exchange of easement as long as it
contained historical acknowledgement related to the establishment of the buffer zone
and the earlier commercial transaction.
• To move the easements would require replatfing and suggestion to
include intent language to put the property back as a buffer within the replat.
• Suggestion to work through the easement immediately in order for
construction to proceed and bring a resolution forward related to the buffer at the next
council meeting.
MOTION:
Council Member Ross MOVED to direct Administration to proceed with the easement
exchange with HEA and at the next meeting, a resolution be brought before council
setting aside that area for a buffer to be noted on the plat. Council Member Eldridge
SECONDED the motion.
It was noted, passing a resolution to commit the property as a buffer zone would not
be guaranteed as platting was a borough process, although council would have the
ability to veto actions that may be taken.
VOTE:
*Student Representative Harding: Yes
Ross ~ Yes ~ Mollo No Boyle No
Porter Yes Moore Yes Swarner Yes '
Eldridge Yes
MOTION PASSED.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
None.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2007
PAGE 12
MOTION PASSED.
Resolution No. 2007-61 was postponed to November 7, 2007.
E-13. Resolution No. 2007-62 -- Designating that Lot 1-A Sprucewood Glen
Subdivision Number Two be Replatted and that a Portion of the Property
in That Lot be Preserved as a Buffer.
(Heard prior to E-1.)
MOTION:
Council Member Molloy MOVED to enact Resolution No. 2007-62 and Council Member
Ross SECONDED the motion.
The floor was opened for public comment.
Kellie Kelso, 117 Walker Lane, Kenai -- Stated her understanding from the October
3 meeting the intent was to restore the entire tract as it had been in 1978 and noted,
Alternative 1 would only restore half of the area; requested the Comprehensive Plan be
followed (separating residential areas from incompatible uses); and requested the
council's support of Alternative 2.
Jackie Oberg, 406 Rogers Road, Kenai -- Oberg stated support for the restoration of
the buffer zone.
Laurie Bookey, 115 Walker Lane, Kenai -- Bookey stated she agreed with Kelso and
supported the restoration of the buffer zone.
Anthony Helms, 113 Walker Lane, Kenai -- Helms spoke in support of keeping the
buffer zone which would help in keeping down the noise between the residential and
commercial areas.
Cheryl Samples, 302 Sterling Court, Kenai -- Samples stated her support of the
buffer zone.
Richard Kelso, 117 Walker Lane, Kenai -- Kelso presented photographs of houses
that would be affected and stated his support of Alternative 2.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2007
PAGE 13
Debbie Adamson, 209 Portiock Street, Kenai -- Adamson stated she understood
how folks would feel looking at the bare earth and the back of the hotel and stated her
support for the buffer zone.
With no further public comments, the public hearing was closed.
Because the property requested to be restored to a buffer zone was Airport property, it
was suggested the Airport Commission review the issue prior to council taking action
on the resolution.
MOTION:
Council Member Ross MOVED to postpone action on the resolution and until the
Airport Commission could review and receive input. Council Member Eldridge
SECONDED the motion.
It was noted the next regular meeting of the Airport Commission was scheduled for
November 8, 2007.
Council comments included:
• Concern too many trees had been removed from another buffered area
and request made that no further trees be removed until after the Commission review
and the issue was returned to council for consideration.
• Council gave approval to Administration for removal of trees in the area
referred and there were no objections made at the time.
• The residents made a compelling case and support for the Airport
Commission's review was stated.
VOTE ON POSTPONEMENT:
*Student Representative Hazding: Yes
Swazner ~ Yes Smalley j Yes Eldrid e Yes
Ross ;Yes Molloy ~ Yes ~ Boyle _ _ _ Yes
Porter Yes ~
MOTION PASSED UNANIMOUSLY.
MOTION:
Council Member Molloy MOVED to return the issue to council once the Airport
Commission meeting has commented on the issue. Council Member Ross SECONDED
the motion.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2007
PAGE 14
VOTE ON POSTPONEMENT:
*Student Representative Harding: Yes
Swarner Yes Smalle Yes ~ Eldrid e Yes
Ross Yes Mollo Yes Bo le Yes
Porter Yes ~
MOTION PASSED UNANIMOUSLY.
Clerk Freas was requested to include the testimony given in the Airport Commission
meeting packet and notify residents of the Airport Commission meeting date.
BREAK TAKEN: 8:47 P.M.
BACK TO ORDER: 9:00 P.M.
E-14. Resolution No. 2007-63 -- Authorizing Approval of a Provisional
Certificate of Public Convenience and Necessity for Kenai Landing, Inc.
("KLI") for Public Water Utility Service.
MOTION:
Council Member Swarner MOVED for the adoption of Resolution No. 2007-63 and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
ITEM F:
F-l.
ITEM G:
ITEM H:
H-1.
MOTION:
MINUTES
Regular Meeting of October 3, 2007 -- Approved by consent agenda.
UNFINESHED BUSINESS -- None.
NEW BUSINESS
Bills to be Ratified
Suggested by: Councilor Molloy
CITY OF KENAI AIRPORT COMMISSION
RESOLUTION NO. 2007-65
A RESOLUTION OF THE AIRPORT COMMISSION OF THE CITY OF KENAI, ALASKA,
DESIGNATING THAT LOT 1-A SPRUCEWOOD GLEN SUBDIVISION NUMBER TWO BE
REPLATTED AND THAT THE PROPERTY IN LOT B BE PRESERVED AS A BUFFER.
WHEREAS, the City of Kenai (Airport Fundj is the owner of property currently known
as Lot 1-A Sprucewood Glen Subdivision Number Two (Lot 1-A); and,
WHEREAS, the City of Kenai has owned Lot 1-A and the adjacent parcel (the Parcel) on
the Kenai Spur Highway between Beaver Loop Road (now Bridge Access Road) and
First Avenue South (now Walker Lanej since 1963; and,
WHEREAS, in 1976 the Advisory Planning and Zoning Commission of the City of Kenai
(the Advisory Commission) in Resolution No. 76-3 recommended that the Parcel be
rezoned from suburban residential to general commercial to reflect the need for
commercial property and that the property was not well suited for residential
development; and,
WHEREAS, during the process of rezoning the property the Advisory Commission
recognized the need to create a buffer for the private residential property nearby in
order to properly develop the city owned property commercially; and,
WHEREAS, creation of the buffer strip was an integral part of the commercial
development of the Parcel; and,
WHEREAS; following the property being rezoned general commercial, the property was
replatted in 1978; and
WHEREAS, Plat Number 78-106 listed a 120' wide buffer strip on property then known
as Lot 1, Spur Subdivision Number One and now known as Lot 1-A Spur Subdivision
Number Two; and
WHEREAS, the purpose of the buffer was to screen the new commercial subdivision
from the residential area east of what was then First Avenue South (now Walker Lane);
and
WHEREAS, after being replatted, the Parcel was commercially developed including a
gas station, bowling alley, grocery store, fast food restaurant, office building and a
three story hotel in construction; and
Resolution No. 2007-65
Page 2 of 2
WHEREAS, after the property was rezoned, it was replatted in 1984 (Plat Number 84-
305); and
WHEREAS, Plat Number 84-305 removed the buffer zone on Lot 1-A that had been
included in the previous plat; and
WHEREAS, the minutes of the March 23, 1983 Advisory Planning and Zoning
Commission indicate the buffer was removed to allow development of residential lots
along the west side of Walker Lane; and
WHEREAS, the Airport Commission of the City of Kenai finds that the west side of
Walker Lane is not suitable for residential development; and
WHEREAS, the Airport Commission of the City of Kenai finds that a buffer is needed
on proposed Lot B between the commercial development on the Parcel and the
residential development on the east side of Walker Lane; and
WHEREAS, the City of Kenai has an obligation to make the Kenai Municipal Airport
economically self-sufficient and proposed Lot A as shown of "Attachment A" can
provide needed leasing revenue to the Airport Fund; and
WHEREAS, on October 3, 2007 the Council of the City of Kenai authorized the City
Manager to enter into an agreement with Homer Electric Authority (HEA) whereby: 1)
the City would grant HEA atwenty-foot (20') utility easement along the entire western
boundary of Lot 1-A; 2) the City would clear and grub the easement area at its cost; 3)
HEA would agree to retire the existing 24,900 volt overhead transmission main and
vacate its sixty-foot easement along the eastern boundary of Lot 1-A within five years
at no cost to the City; 4) that Aspen Hotel has agreed to compensate Alaska
Communications System (ACS) to move its underground communication cable from the
existing sixty-foot (60') easement to the proposed twenty-foot (20') easement; and
WHEREAS, the Airport Commission of the City of Kenai finds it is in the best interest
of the City of Kenai to replat Lot 1-A as shown on Attachment "A" and re-establish a
buffer between the commercial development on the Parcel and the residential area on
the eastern side of Walker Lane on proposed Lot B, while allowing proposed Lot A to be
leased, thereby providing needed revenue to the Airport Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY
OF KENAI, ALASKA, that the Airport Commission of the City of Kenai recommends to
the Kenai City Council to authorize the City Manager to proceed with replatting Lot 1-
A, Sprucewood Glen Subdivision Number Two, Kenai, Alaska as shown on Attachment
«A »
PASSED BY THE AIRPORT COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th
day of November, 2007.
Henry Knackstedt, Airport Commissioner
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ATTACHMENT A
Suggested by: Councilor Molloy
CITY OF KENAI AIRPORT COMMISSION
RESOLUTION NO. 2007-66
A RESOLUTION OF THE AIRPORT COMMISSION OF THE CITY OF KENAI, ALASKA,
DESIGNATING THAT LOT I-A SPRUCEWOOD GLEN SUBDIVISION NUMBER TWO BE
REPLATTED AND THE PROPERTY IN LOT A and B BE PRESERVED AS A BUFFER.
WHEREAS, the City of Kenai (Airport Fund) is the owner of property currently known
as Lot 1-A Sprucewood Glen Subdivision Number Two (Lot 1-A); and,
WHEREAS, the City of Kenai has owned Lot 1-A and the adjacent parcel (the Parcel) on
the Kenai Spur Highway between Beaver Loop Road (now Bridge Access Road) and
First Avenue South (now Walker Lane) since 1963; and,
WHEREAS. in 1976 the Advisory Planning and Zoning Commission of the City of Kenai
(the Advisory Commission) in Resolution No. 76-3 recommended that the Parcel be
rezoned from suburban residential to general commercial to reflect the need for
commercial property and that the property was not well suited for residential
development; and,
WHEREAS, during the process of rezoning the property the Advisory Commission
recognized the need to create a buffer for the private residential property nearby in
order to properly develop the city owned property commercially; and,
WHEREAS, creation of the buffer strip was an integral part of the commercial
development of the Parcel; and,
WHEREAS, following the property being rezoned general commercial, the property was
replatted in 1978; and
WHEREAS, Plat Number 78-106 listed a 120' wide buffer strip on property then known
as Lot 1, Spur Subdivision Number One and now known as Lot 1-A Spur Subdivision
Number Two; and
WHEREAS, the purpose of the buffer was to screen the new commercial subdivision
from the residential area east of what was then First Avenue South (now Walker Lane);
and
WHEREAS, after being replatted, the Parcel was commercially developed including a
gas station, bowling alley, grocery store, fast food restaurant, office building and a
three story hotel in construction; and
Resolution No. 2007-66
Page 2 of 2
WHEREAS, after the property was rezoned, it was replatted in 1984 (Plat Number 84-
305); and
WHEREAS, Plat Number 84-305 removed the buffer zone on Lot 1-A that had been
included in the previous plat; and
WHEREAS, the minutes of the March 23, 1983 Advisory Planning and Zoning
Commission indicate the buffer was removed to allow development of residential lots
along the west side of Walker Lane; and
WHEREAS, the Airport Commission of the City of Kenai finds that the west side of
Walker Lane is not suitable for residential development; and
WHEREAS, the Airport Commission of the City of Kenai finds that a buffer is needed
on both proposed Lots A and B between the commercial development on the Parcel and
the residential development on the east side of Walker Lane; and
WHEREAS, on October 3, 2007 the Council of the City of Kenai authorized the City
Manager to enter into an agreement with Homer Electric Authority (HEA) whereby: 1)
the City would grant HEA atwenty-foot (20~ utility easement along the entire western
boundary of Lot 1-A; 2) the City would clear and grub the easement area at its cost; 3)
HEA would agree to retire the existing 24,900 volt overhead transmission main and
vacate its sixty-foot easement along the eastern boundary of Lot 1-A within five years
at no cost to the City; 4) that Aspen Hotel has agreed to compensate Alaska
Communications System (ACS) to move its underground communication cable from the
existing sixty-Foot (60') easement to the proposed twenty-foot (20~ easement; and
WHEREAS, the Airport Commission of the City of Kenai finds it is in the best interest
of the City of Kenai to replat Lot 1-A as shown on Attachment "A" and re-establish a
buffer in proposed Lots A and B between the commercial development on the Parcel
and the residential area on the eastern side of Walker Lane
NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY
OF KENAI, ALASKA, that the Airport Commission of the City of Kenai recommends to
the Kenai City Council to authorize the City Manager to proceed with replatting Lot 1-
A, Sprucewood Glen Subdivision Number Two, Kenai, Alaska as shown on Attachment
«A „
PASSED BY THE AIRPORT COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th
day of November, 2007.
Henry Knackstedt, Airport Commissioner
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ATTACHMENT A
~_ _ ~ ^
the ee~ a f
KENA1~ SKA
"1/illa~e with a Past, Gc~ with a FutuYe"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,~,~~,
Telephone: 907-283-7535 !FAX: 907-283-3014 1' I f f 1
1992
MEMO:
TO: Airport Commission
FROM: Rick Koch
DATE: November 1, 2007
SUBJECT: Resolution 2007-65 & 66, Lot 1-A Sprucewood Glen
Subdivision Number Two Re-Subdivision
The purpose of this correspondence is to discuss the above referenced issue and respond
to several questions raised by Mr. Knackstedt in his October 28, 2007 e-mail
correspondence to the Airport Manager.
There are three different issues that I believe are most easily addressed separately:
1. The Utility easement along the western 20 feet of Lot lA, Sprucewood Glen
Subdivision No. 2 (plat recorded 11/27/84).
2. A dedicated buffer strip as a function of a proposed subdivision of Lot lA,
Sprucewood Glen Subdivision.
3. Clearing of undergrowth in area bounded by Kenai Spur Highway on the
north, commercial property housing Hall's Fish & Chips on the west, an
access road serving Hall's, McDonalds, 1vledi-Center and Three Bears on the
south, and Walker Lane on the east.
I will address each of these issues below:
The Utility easement along the western 20 feet of Lot lA, Sprucewood Glen Subdivision
No. 2 (plat recorded 11/27/841.
The following is a timeline of activities regarding this issue:
August 15, 2007 HEA contacts the City requesting an easement to run east-
west through lot lA to provide power from the existing
O/H powerline located in 60' wide easement along Walker
Lane.
August 20, 2007 City Manager meets with HEA and informs them the City
does not favor an east-west easement through Lot lA as it
would provide an unobstructed. view from Walker Lane to
the back of the Aspen Hotel.
August 31, 2007 HEA requests the City agree to a 20' wide easement on the
west boundary of Lot 1A, running north-south from the
Kenai Spur Highway to Tern. Avenue.
September 4, 2007 City Manager meets with HEA and proposes the City will
grant (contingent upon Council approval) the requested 20'
easement if HEA vacates the existing 60' easement along
the east boundary of Lot lA and removes the existing O/H
power line.
September 18, 2007 HEA agrees io vacate existing 60' easement and remove
existing powerline within 5 years in exchange for new 20'
easement. (Manager memo to Council attached)
October 3, 2007 Com2cil approves 20' easement along west boundary of Lot
1 A.
A dedicated buffer strip as a function of a proposed subdivision of Lot lA, Sprucewood
Glen Subdivision.
Please see my attached memo to the City Council dated October 12, 2007. administration
recommends that the proposed Lot A not be dedicated as a buffer strip, a 50' ROW
dedication be platted over the existing easement, and Lot B be dedicated as a buffer strip.
The estimated value of Lot A is $ 218,000 based on the per square foot sale price of the
lot where Alaska USA, and the lot where the Aspen Hotel are being constructed. Based
on our current leasing policy this would result in a $ 17,500 per year lease, which
Administration believes is the best future use for this property.
Clearing of undergrowth in area bounded by Kenai Snur Highway on the north,
commercial property housing Hali's Fish & Chips on the west, an access road serving
Hali's McDonalds Medi-Center and Three Bears on the south and Walker Lane on the
east.
During the summer of 2007 administration was approached by Mr. Ken Dunbar
regarding the undergrowth on the City property to the east of his commercial property
housing Hali's Fish & Chips. He informed the administration there was a gathering place
hidden within our property where people would gather to drink beer and hang out. I
visited the property and observed the area in which there were many discarded beer cans
and trash. Mr. Dunbar requested permission to clear the undergrowth from the City's
property at his expense to eliminate the gathering place on City property and to enhance
visibility to his business.
During the Manager's report at the Council meeting of either August 15th, or September
5`~h, I informed the Council that barring their direction to the contrary I intended to allow
Mr. Dunbar to clear the undergrowth on our property. There was no objection stated by
any Council Member.
On October 3T`~, Mr Dunbar had a contractor clear the undergrowth from the City
property.
Thank you for your attention in this matter. If you have any questions please contact me
at your convenience.
attachments
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\\ ~I1E Dl Cy Df /,
KEN ~ SK,A
~~l/illa~e wit~i a past, Gc~ with a Futc~v'e"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 iI~
Telephone: 907-283-7535! FAX: 907-283-3014 if ~t
1997
MEMO:
TO: Cify Council
FROM: Rick Koch
DATE: September 27, 2007
SUBJECT: Dedication of Utility Easement-Lot 1, Spur Subdivision No. 1
The ptupose of this correspondence is to request approval from the Council to dedicate a
20' utility easement along the west property botnidary of the above referenced
subdivision. The purpose of this utility easement will be to serve the site of the new
Aspen Hotel and potential future development to the west of the proposed easement.
Several weeks ago I was asked by HEA to consider a new easement running east-west
across the City's property to serve the Aspen Hotel. I told HEA the City would prefer to
not have the property encumbered. by yet another easement, especially one that ran. in ati.
east-west direction and might provide an uninterrupted sight-line from Walker Lane to
the back of the Aspen Hotel.
Administration suggested an easement that pa~:alleled the access road running through the
City's property acid then along the west property boundary to the Aspen Hotel. For
technical. reasons this was deemed not feasible.
HEA suggested a ZO' utility easement along the entire west boundary of the City's
property that could. also accommodate other utilities. In response, Administration said we
would consider that option if HEA would vacate the existing 60' wide easement along the
east property boundary. I have attached sketches showing both the existing 60' wide
HEA utility easement and the proposed 20' wide utility easement.
HEA said it might be possible as it was their intent to retire the existing overhead 33,000
volt transmission main. After much discussion the following has been. tentatively agreed
to;
] . HEA agrees to retire the existing 33,000 volt overhead transmission main and
vacate the 60' easement along the east botuidary of Lot 1, Spur Subdivision
No. I within five years at no cost to the City.
2. Aspen Hotel. agrees to compensate ACS to move their mzderground
communioation cable from the existing 60' utility easement to the proposed
20' utility easement.
3. City of Kenai agrees to clear and grub the proposed. 20' utility easement.
Estimated cost $ 10,000.
By dedicating the proposed 20' utility easement, the City provides a utility easement
comprised of 26,747 sq. ft., in which electrical service and other utilities wit] be located,
all underground. The vacation of the existing 60' utility easement will unencumber
95,431 sq. ft. from a utility easement, removethe overhead power transmission main, and.
eliminate the periodr`c clearing of the easement by HEA and others to maintain utilities.
Administration believes trading a 20' easement for the 60' easement on this property to
be in the best interest of the City regardless of present or future land use, and
recommends Council approve dedication of the proposed utility easement.
Informational Attachments
1. Sketch, Exisiing 60' HEA Utility Easement, 1 page
2. Sketch, Proposed 20' Utility Easement, 1 page
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PLA7 APPROVAL
a Plv[ ~ v by t NaI
MWLNrI'L N6 CMV.:SIUN
AIRA .2/. _. twee
/A REBUBDJV7570N OF TRACTS A. B, 6 F.
tN0 LOT 6 BGK 1 SPRUCFNBCB GLEN S(/b
IKO LOT 1 BLK f SPUR SUBD. NO. 1/
CI YY Qr' K£NAl ve*vMS. nxiei, E•
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Svsre> oe MCLANE ANJ ASSDLIA tE$ INC.
..vean
N iF' --• Ltn
9vali IXI 18Be I •l00' Be-S6
"I/illa9e wit~t a Past - t
~~ ~, 210 Fidalgo Avenue, Kenai, r,~a~rca yytill-7794 ~') a„
~~~d Telephone: 907-283-7535 /FAX: 907-283-3014 1 ~~
- #x
- 1997
tyre c~~ a f'
KENA~ SKA
MEMO:
TO: City Cauncil
~, FROM: Rick Koch
Vu DATE:. October 12, 2007
SUBJECT: Resolution 2007-62, Lot 1-A Sprucewood Glen Subdivision
Number Two Re-Subdivision
The purpose of this correspondence is to discuss the preliminary plat administration was
directed by Council to bring back to the October 17~h meeting.
Administration has developed two proposed alternatives.
Alternative Number One
What is presently Lot lA, comprising 3.76 acres, is proposed to be subdivided into Lot A
(0.79 asses), Lot B (2.84 acres), and a 50' ROW dedication of Lawton Drive (0.14 acres).
Lot A is located in the north portion of the subdivision. It abuts Walker Lane on the east,
The Kenai Spur Highway on the north, a private commercial development on the west,
and the proposed Lawton Drive ROW on the south. Administration does not propose this
lot be designated a buffer strip. This property would provide minimal buffering for the
neighborhood along Walker Lane to the south, and probably has significant value tp the
Airport Land Fund as a commercial development.
Lot B comprises the majority of the subdivision (over 75%). It abuts Walker Lane on the
east, the proposed Lawton Drive ROW on the north, commercial property including the
new Aspen Hotel on the west, and Tarn Avenue on the south. Administration proposes
that this lot be designated a buffer strip. The trees arid vegetation contained in this buffer
strip, including the utility easement to be vacated by HEA will minimize potential
conflict between the residential subdivisions to the-east of Walker Lane, and the
commercial developments to the west of the proposed buffer strip.
The proposed 50' ROW dedication of Lawton Drive, overlays the existing 50' wide
easement and public right-of--way, and utility easement at this location. There is an
existing roadway providing access to the new Aspen Hotel, as well as McDonalds, Three
Bears, MediCenter, and the existing commercial building presently housing Hali's Fish &
Chips that is scheduled for a major re-model/expansion.
This proposed re-subdivision of Lot lA under alternative number one provides the
following benefits and detriments:
Benefits
1. Proposed Lot B is dedicated as a buffer strip along Walker Lane providing a
separation between residential development and commercial development.
2. An existing 60' wide HEA utility easement inside the proposed buffer strip
will be vacated on or before October 31, 2012.
3. Proposed Lot A is maintained as a commercially developable property for the
benefit of the Airport Land Fund.
4. The existing access road, supporting existing and future commercial
development is dedicated as a platted ROW, overlying the existing 50' public
right-of--way and utility easement.
Deteriments
1. Some property owners along Walker Drive and in Central Heights
Subdivision will oppose the property encompassed by the proposed Lot A
being available for development.
Alternative Number Two
What is presently Lot lA, would remain Lot lA, and in its entirety be designated a buffer
strip, except for the pre-existing right-of way & utility easements.
Lot lA abuts Walker Lane on the east, the Kenai Spur Highway on the north, private
commercial development to the east, and Tern Avenue to the south.
The designation of Lot 1 A, in its entirety as a buffer strip under alternative number two
provides the following benefits and detriments:
Benefits
1. Provides the maximum amount of buffer strip to surrounding properties.
2. An existing 60' wide HEA utility easement inside the proposed buffer strip
will be vacated on or before October 31, 2012.
Detriments
1. A portion of Lot 1A will not be available for potential future development
thereby denying future revenue to the Airport Land Fund.
There is a variation that might be considered by Council for alternatives number one as
presented by the administration:
1. Include a 20' buffer strip along the southern boundary of Lot A (along the
proposed Lawton Drive ROW).
Administration Recommendation
Administration recommends the approval of Resolution 2007-62 -Alternative Number
One. This alternative provides for the creation of a buffer strip along the majority of
Walker Lane, reversing the Council action of 1984, which removed the buffer strip. This
also provides for a small commercially developable property in an area of increasing
property value that will bring future revenues to the Airport Land Fund.
Please find the following attachments:
1. Preliminary Plat -Alternative Number One
2. Preliminary Plat - Alternative Number T wo
3. Grant of Easement, dated August 4, 1986
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GRAN? OF EASEMENT
Know all men by these presents, that the CITY GF KENAI, 210
Fidalgo Street, Kenai, Alaska 99611, hereinafter called Grantocs
for and in consideration of Ten Dollars and other good and
valuable considerations in hand paid, do hereby grant and convey
to ED NIN R. LOWRY, 10819 Kenai Spur Highway, 7k 125, Kenai, Alaska
99611; an easement and public right-of-way, 'u pon, across, in
tfi rough, and under the following described real grope rtry situated
in the City of Kenai, Kenai Recording District, Third Judicial
District, State of Alaska, to wit:
An area commencing at the Northeast corner of Section 5,
TSN, R11 W, Seward Mer id ion, Alaska, proceed 50 OS' 00" W
149.45 feet along the section line common to Section, 5 and
4 to a point; thence N90 00' 00" W 33.00 feet to Corner
Number One and the Point of Beginning; thence 50 OS' 00" W
50.00 feet to Corner Number T wo; thence N90 OO' OO" W 120.00
feet to Corner Numberihree; thence N(J 05'00" E 50.00 feet
to Corner Number Four; thence 590 00' 00" E 120.00 feet to
Corner Number One and the Point of Beginning, containing
6,000 square feet which is situated in the City of Kenai,
Kenai Recording District, Third Judicial District, State of
Alaska.
;fivtrr- ><d
71M ROGERS
OTY ALTORNFY
R~ ~'- ''NAI
yA 2b
reserving, however, to the Grantor, his heirs and assigns, the
right to utilize and enjoy the above-desr~i bed premises
subject to Alaska Statute Sec. 29.71.020 (§18 ch 74 SLA 1985).
Signed and delivered this ~~ day of Al~(z,(~JT
1986.
STATE OE AL ASNA
THIRD JUDICIAL DISTRi CT
ss.
THIS IS TO CE P,TI FY that on this ~ day of ~'
1986, EDWIN P,. LOWRY, being personally known to me or av ing.
produced satisfactory evidence of identification, appsa~e~d~6.efore ,. -,
me and acknowledged the voluntary execution of the fo rP~g-b in,g,,,
instrument. ~'~'-
STATE OF ALASKA
THIRD JUDICZAL DISTRICT
ss.
~m:J S't~'T~U~c-fad. L
Notary Pu lic for Alaska _
My Commission Expires: ~JT~
THIS IS TO CERTIFY that nn this -/~ day of ~/=~~} ~~-~ ,
1986, WM. J. BRIGHTON, being personally known to me or
produced satisfactory evidence of identification, appear e'dr.bef ore
me and acknowledged-the voluntary execution of ±he f,:Jregdih gr=~'
instrument. ~ ,~ ~ ~ .,.
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"V'flay~e wit~r a Past City wit~r a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 /Fax: (907) 283-3014
www.ci.kenai.ak.us
MEM®1~L~1~I lJ V M
TO: Kenai Airport Commission
FROM:(; ~_~i Cary R. Graves, City Attoniey
DATE: October 31, 2007
RE: Proposed Walker Lane Buffer Strip
1. Background
The Kenai City Council requested the Airport Commission make a recommendafion regarding a
proposed buffer for Tract IA Sprucewood Glen Subdivision No. 2. The property consists of 3.7
acres along the west side of Walker Lane running from the Kenai Spur I3ighway to Tern Avenue.
A copy of the current plat is attached as Attachment A.
The property was part of the large tract of land conveyed by The federal government to the City
of Kenai in 1964 for the use and benefit of the airport.' It is included in the Airport Land System
and is located outside of the Airport Reserve. Because the land was granted to the city for
airport purposes, the property is subject to the Federal Aviation Administration's "sponsor
assurances."Z The sponsor assurances are designed to ensure that the property is used far the
benefit of the airport in accordance with federal law. There are thirty-nine Sponsor assurances.
Sponsor assurances twenty-four (Fee and Rental Structure) and twenty-five (Revenue
Diversion) are relevant to this issue. Sponsor assurancetwenty-four requires that the airport
develop a rates and charges policy for use of airport property that will make the airport as self-
sustaining as possible. The idea is that the general fund should not have to subsidize the airport.
Sponsor assurance twenty-five is the flip side of twenty-four. The revenue diversion policy
requires that airport land and revenue may only be used for airport putposes.3 It may not be
~ The Yract of land consisted of almost 2,000 acres. The quitclaim deed is recorded at Book 27 Page 303 in the
Kenai Recording District, Kenai, Alaska.
~ They are also known as "grant assurances" because they can also be attached to airport property as the result of the
airport being granted federal money.
' See generally 64 Fed. Reg. 7,696 (1999). There are some limited exceptions to the policy such as small charitable
donations to help the image of the airport in the community. Another exception is the temporary use of airport land
diverted to the general fund. The two sponsor assurances taken together are designed to ensure
that the airport does not subsidize the general fund and that the general fund does not subsidize
the airport fund. Airports are supposed to be financially self-sustaining.
2. Plat No. 78-106
In 1976 the Kenai Advisory Planning and Zoning Commission (Advisory Commission)
recommended that the parcel of airport land bordered by the Kenai Spur Highway, Beaver Loop
Road (now Bridge Access Road) and 1st Avenue South (now Walker Lane) and C Street (now
Tern Avenue) be rezoned from suburban residential to commercial to reflect Kenai's need for
commercial property and that the property was not well suited for residential development.a
Subsequently the property was rezoned commercial. During the rezoning process, the Advisory
Commission concluded that a buffer was needed between the residential area on the east side of
Walker Lane and the proposed new commercial area.
In 1978, the property was platted as Spur Subdivision Number One.S Lot One of that subdivision
consisted of a 120' wide strip of land running along the west side of Walker Lane (then lst
Avenue South) from the Kenai Spur Highway to Tern Avenue (then C Street). Note 3 on the plat
states, "Lot 1 as shown herecr. is reserved fcr a buffer strip *.o screen this subdivision from the
residential area east of First Avenue, and is not intended for development."
3. Plat No. 84-305
In 1984, property consisting of the area between the Kenai Spur Avenue, 1st Avenue South
(Walker Lane), Tern Avenue and Sprucewood Court was replatted into Sprucewood Glen
Subdivision No. Z. Lot 1-A of that Subdivision consisted of the former Lot 1, Spur Subdivision
Number One. The two lots are the same size, but have one major difference. The reference and
plat note referring to the lot as a buffer was removed. The record indicates the removal was not
an oversight.
The March 23, 1984 minutes of the Advisory Planning and Zoning Commission indicate the
buffer was removed because the City intended to rezone the property from commercial to
residential and subdivide the lot into residential lots. That intent is further documented in a 1984
memorandum from Kenai Land Manager Jeff LaBahn to Kenai City Manager William .T.
Brighton. While the buffer was removed with the 1984 plat, the lot was neither rezoned
for municipal parks. For example, it is permissible for the city to use the "dust bowl" property as park land without
compensating Che airport fund up until such time as the airport has a use of the property That would provide revenue
for the airport (i.e, someone interested in buying or leasing the property).
° City of Kenai Advisory Planning and Zoning Commission Resolution 76-3 (Attachment B).
"Plat Number 78-106 (Attachment C).
s Plat No. 84-305 is Attachment A.
There is some general support for the idea that a platted buffer is dedicated Co the public use and may not be
removed without Che consent of the benefited pasties. McQuillen Mun Corp § 33.22 et. seq. (3`d Ed). However, the
Alaska Statutes vest platting authority in Che borough and Che records indicate proper borough platting procedures
were followed AS 29.40.010-200. There is also a legal presumption that plats have been validly approved.
McQuillen Mun Corp § 20.07 (3"' Ed). Moreover, since the plat was approved over Cwenty years ago any appeal
period has long since expired.
residential nor subdivided into smaller residential lots. It remains zoned general commercial
with the buffer removed.8
4. Revenue Diversion/Rental and Fee Structure
One question that has come up is whether establishment of the buffer violates the revenue
diversion and rental and fee structure sponsor assurances, i.e. use of airport land for anon-
aeronautieal purpose at Less than fair market value (residential buffer). The federal revenue
diversion policy was not established until 1982, so establishment of the original buffer was prior
to that policy. Moreover, even if the policy had been in place in 1978, it is my opinion that
establishment of the buffer would not have constituted revenue diversion. Here's why. In this
case the city/airport was acting in the role of a commercial developer of property. It is not at all
unusual for commercial developers to provide a portion of their property as a buffer strip to
shield adjoining property; especially if it is residential. The buffer was created to benefit (i.e.
make more attractive) the commercial development of the property. Because of that it was not a
use of airport land for a general fund (non-aeronautical) purpose at less than fair market value.
In my opinion, re-establishment of the buffer, in part or in whole, would not violate the sponsor
assurances for the same reason. It is commercially reasonable for the city to conclude that all or
part of the buffer is still needed for its original purpose-to further the city's/airport's
commercial development of the property in what was Spur Subdivision. It should be also noted
that the reason the city removed the buffer-residential development of the lot-never occurred.
In summary, the sponsor assurances neither mandate nor preclude the buffer from being re-
established in part or in whole.
5. Options
There are three basic options regarding Lot 1-A. The first option is proposed by the
administration. This option is contained in Airport Commission Resolution 2007-65 in the
packet. Option One would subdivide Lot 1-A into Lot A (0.79 acres) and Lot B (2.84 acres)
with a 50 ROW dedication of Lawton Drive (0.14 aeres).9 Lot B abuts Walker Lane on the east,
Tern Avenue on the south, the proposed Lawton Drive ROW on the north, and commercial
development on the west. This option would re-establish a buffer on this lot. Lot A borders
Walker Lane on the east, the Kenai Spur Highway on the north, commercial development on the
west, and the proposed Lawton Drive ROW on the south. The administration feels this lot would
provide minimal buffering for the residents along the east side of Walker Lane to the south and
could generate significant revenue to the airport fund if it were leased for commercial
development
The administration estimates that the proposed Lot A would be valued at $217,925. That is
based on an estimated value of $6.3610 per square foot with the size of the lot being 34,265
$ I was unable to tell from the records why the City did not continue to pursue rezoning and subdividing the lot for
residential development.
e See Attachment D.
'° The Alaska USA Federal Credit Union property is valued at $6.31 per square foot. The Aspen hotel properly is
valued at $6.41 per square foot. The $6.36 per square foot estimate for this property is the average of those two.
square feet. Assuming as 8% lease rate, the yearly lease payment for the property currently
would be ~17,340.II That money would go to the airport fund.
Option Two is contained in Airport Commission Resolution 2007-66. That resolution is also in
the packet. It would also divide the property into Lots A and B. They would be the same size
and location as above with a Lawton Drive ROW in between.12 The difference is that both Lot A
and B would be re-established as a buffer between the commercial development to the west and
the residences along Walker Lane to the east.
Option Three would be physically like the two options outlined above, with Lots A and B and a
Lawton Drive ROW, but the buffer would not be re-established in either lot. The administration
opposes this option. The administration feels the best use of Lot B is as a buffer between the
commercial and residential uses.
The administration believes the crux of this issue is a policy decision: whether the proposed Lot
A is best used as a buffer fox the residential development along Walker Lane or as a revenue
generating property for the airport fund.
Please let me know if you have any questions
" KMC 21.15.120(a)(2) mandates an 8% lease rate for airport property outside of the airport reserve.
~~ See Aftachinent E.
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~~.k~ ~ ., ATTACHM
ENT A
CITY OF KENAI
RESOLUTION NO. PZ 76-3
A RESOLUTION OF THE ADVISORY PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI RECOMMENDING THAT CERTAIN PROPERTY IN THE
VICINITY OF THE KENAI SPUR HIGHWAY AND BEAVERLOOP ROAD BE REZONED
FROM SUBURBAN RESIDENTIAL TO GENERAL COMMERCIAL.
WHEREAS, there is a shortage of commercial property near the
downtown area of Kenai., and
WHEREAS, the property in the vicinity of the Kenai Spur Highway
and Beaverloop Road, which is currently zoned suburban residential,
would be prime commercial property, and
WHEREAS, this property is not well suited 'for residential develop-
ment, and
WHEREAS, property adjacent to this is being used for commercial
purposes, and
WHEREAS, this property is a logical extension of the present
commercial development of Kenai, and
WHEREAS, there is interest in development of this property for.
commercial purposes.
NOW, THEREFORE, BE IT RESOLVED by the Advisory Planning and
Zoning Commission of the .City of Kenai, Alaska, that it is hereby
recommended that .the certain property in the, vicinity of the
Kenai .Spur .Highway and Beaverloop Road, more particularly
located by the map which is attached hereto and incorporated
herein by reference, be rezoned to general commercial
PASSED by the Advisory Planning and Zoning Commission of the
City of Kenai, Alaska, this 13th day of October, 1976.
_~
`';'~' ",'i~s v C.-7'~,.L y `` l~2 ~yy,:,~t"ate [: ~~~
ROLAND RAYMOND, VICE-2'~IAIRMAN
ATTEST:
~1ena Horton, Planning Secretary
ATTACHMENT B
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Airport Commission
Mary Bondurant -Airport Manage
October 30, 2007
Subject: 2008 Air Fair
It is time again to select a date for the 2008 Kenai Peninsula Air Fair.
The Alaska Airmen's Trade Show is May 3 & 4 and the City of Soldotna's Les
AndersonlSafety Days is scheduled for May 17, 2008. I have attached a
calendar for May 2008.
Does Commission wish to recommend a date for the 2008 Air Fair?
Attachment
www.KenaiAirport.com
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IX
2
AGENDA
KENAI CITY COUNCIL-REGULAR MEETING
OCTOBER 3, 2007
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
l . 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.
%TEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Brenda Ahlberg, Boys & Girls Club of the Kenai Peninsula -- Club
Update
~?. Frri~ Gdu'~ dhi/!E Tip/y - /~/u~5f- ,P ocv-~r~s`~ ~~it~~~.~1w~6C
3.~'.. Kellie Kelso -- Cutting of Trees Between Aspen Hotel and Walker Lane.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGYSLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
~~ 1. Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(1) and (2) by
Establishing Different Requirements for Determining the Length of a
~~~tra+~~Lease Extension and Extending the Maximum Term of Lease Including
Any Extension from 35 to 55 Years.
(Approved for reconsideration 6/6/07; postponed to 7/18/07; postponed to 8/15/07,'
postponed to 10/3/07. The motion to adopt is active.)
a. Ordinance No. 2230-2007 (Substitute A) -- 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.
b. Ordinance No. 2230-2007 (Substitute B) -- 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.
~~~G(. 2. Ordinance No. 2253-2007 -- Increasing Estimated Revenues and
Appropriations by $1,000 in the General Fund for a Library Grant
~~~yp~Gf 3. Ordinance No. 2254-2007 -- Increasing Estimated Revenues and
Appropriations by $7,000 in the General Fund for a Library Grant
/~,P~ /~(, 4. Resolution No. 2007-58-- Transferring $40,000 in the Runway S
Area Improvements Capital Project Fund for Engineering.
ITEM F: MINUTES
afety
*Regular Meeting of September 19, 2007.
ITEM G: UNFINISHED BUSINESS
ITEM H: NEFS BUSINESS
~}p~~ 1. Bills to be Ratified
~~~ 2. Approval of Purchase Orders Exceeding ~ 15,000
3. *Ordinance No. 2255-2007 -- Increasing Estimated Revenues and
Appropriations by $36,909.53 in the General Fund to Properly Account
for In Kind Services Provided to the Soccer Park Capital Project Fund.
4. *Ordinance No. 2256-2007 -- Increasing Estimated Revenues and
Appropriations by $150,000 in the Public Safety Garage Capital Project
Fund for a State Grant.
*Ordinance No. 2257-2007 -- Increasing Estimated Revenues and
Appropriations by $888,562.42 in the Municipal Roadway Paving Capital
Project Fund for a State Grant.
*Ordinance No. 2258-2007 -- Increasing Estimated Revenues and
Appropriations by $592,541.34 in the Wildwood Drive Capital Project
Fund for a State Grant.
*Ordinance No. 2259-2007 -- Increasing Estimated Revenues and
Appropriations by $1,150,139.22 in the Marathon Drive Capital Project
Fund for a State Grant.
8. *Ordinance No. 2260-2007 -- Amending KMC 12.20.030 by Better
Describing and Defining What Constitutes Prohibited Storage of "Junk,"
"Garbage" and "Litter" Under the City Code.
9. *Ordinance No. 2261-2007 -- Increasing Estimated Revenues and
Appropriations by $12,658 in the General Fund to Pay for Training
Ammunition, Small Tools and Improvements to Police Department Report
Writing Stations.
10. *Ordanance No. 2262-2007 -- Amending KMC 14.15.060(b) to Change
the Height of House Numbers From Three Inches (3") in Height to Four
Inches (4") to Provide Consistency With the International Fire Code.
11. *Ordinanoe No. 2263-2007 -- Increasing Estimated Revenues and
Appropriations by $20,000 in the Airport Fund for Deferred Maintenance
Items at the PRISM Facility.
~j~,~~s~/ 12. Approval -- Update/Kenai City Council Policy for Commission, Committee,
~~/" Board and council on Aging Meetings and Work Sessions.
~ ~}3. Discussion/Approval -- Dedication of Utility Easement/Lot 1, Spur
~s^vz~~c%'~~"W Subdivision No. 1.
~~~NTTEM COMMISSION/COMMYTTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Pazks & Recreation Commission
6. Planning 8v Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification 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: ADMINISTRATYON REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
Citizens (five minutes)
Council
ITEM M: PENDING LEGISLATYON (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. (1/17/07, Tabled, no time
certain.)
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 -- None Scheduled
ITEM M: ADJOURNMENT
AGENDA
!{ENAY CITY COUNCIL -REGULAR MEETING
OCTOBER 17, zoo?
7:00 P.M.
I{ENAI CITY COUNCIL CHAMSERs
http: / /www.ci.kenai.ak.us
STEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
~~p G(- 3. CERTIFICATION OF ELECTION
4. ADMINISTER OATHS OF OFFICE
5. ELECTION OF VICE MAYOR
6. Agenda Approval
7. 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: SCHEDULED PUBLIC COMMENTS (10 minutes)
YTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF I{PB ASSEMBLY LEGYSLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
~~~,{(, 1. Ordinaace No. 2255-2007 -- Increasing Estimated Revenues and
Appropriations by $36,909.53 in the General Fund to Properly Account
for In Kind Services Provided to the Soccer Park Capital Project Fund.
/I ~ 2. Ordiaaace No. 2256-2007 -- Increasing Estimated Revenues and
/" Appropriations by $150;000 in the Public Safety Garage Capital Project
Fund for a State Grant.
3. Ordaasace No. 2257-2007 -- Increasing Estimated Revenues and
~~~~ ~- Appropriations by $888,562.42 in the Municipal Roadway Paving Capital
Project Fund for a State Grant.
,% ~ 4. Ordiaaace No. 2258-2007 -- Increasing Estimated Revenues and
/~ Appropriations by $592,541.34 in the Wildwood Drive Capital Project
Fund for a State Grant.
~~ 5. Ordinance No. 2259-2007 -- Increasing Estimated Revenues and
Appropriations by $1,150,139.22 in the Marathon Drive Capital Project
Fund for a State Grant.
,(~ ~, 6. Ordinance No. 2260-2007 -- Amending KMC 12.20.030 by Better
"
"
Junk,
Describing and Defining What Constitutes Prohibited Storage of
"Garbage" and "Litter" Under the City Code.
~~ 7, Ordinance No. 2261-200? -- Increasing Esfimated Revenues and
Appropriations by $12,658 in the General Fund to Pay for Training
Ammunition, Small Tools and Improvements to Police Department Report
Writing Stations.
~ 8.
~ Ordinance No. 2262-2007 -- Amending KMC 14.15.060(b) to Change
,,
~ ~ ~
/~~~ ~~
~~
the Height of House Numbers From Three Inches (3 j in Height to Four
Inches (4"j to Provide Consistency With the International Fire Code.
~ _ i ~ 9. Ordinance No. 2263-2007 -- Increasing Estimated Revenues and
~~~~(~ Appropriations by $20,000 in the Airport Fund for Deferred Maintenance
Items at the PRISM Facility.
10.
~ Resolution No. 2007-59 -- Approving a Contract to Hattenburg, Dilley &
~'
1, Linnell, LLC (HDLj for Engineering Design Services for the Project
Entitled Marathon Road Improvements for the Not-To-Exceed Amount of
$164,856.
//~ 11.
_ Resolution No. 2007-60 -- Approving a Contract to Wince-Corthell-
d
d Wild
i
l
/ woo
t
e
Bryson for Engineering Design Services for the Project Ent
Drive Improvements for the Not-To-Exceed Amount of $45,500,
// 12. Resolution No. 2007-61 -- Awarding a Three Year Contract for the
fO Operation and Management of the Kenai Recreafion Center to the Boys &
~ /~~'~~D 7 Girls Club of the Kenai Peninsula, Kenai Unit, in the Amount of
$130,000 Per Annum, With an Option to Renew for Two Additional Years.
~ 13.
/~ Resolution No. 2007-62 -- Designating that Lot 1-A Sprucewood Glen
~
~s~~~~1Cf ~~~o~ Subdivision Number Two be Replatted and that a Portion of the Property
Cpy9,myyiss+ ~"e,~eu/. in That Lot be Preserved as a Buffer.
14.
'r~ /,(
1 Resolution No. 2007-63 -- Authorizing Approval of a Provisional
.
i
/~ Certificate of Public Convenience and Necessity for Kenai Landing, Inc.
("KLI"j for Public Water Utility Service.
ITEM F: MINUTES
*Regular Meeting of October 3, 2007.
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ortlinaace No. 2264-2007 -- Accepting a Grant From the State Division
of Homeland Security and Emergency Management 2007 State Homeland
Security Program in the Amount of $243,000.00 and Appropriating the
Grant in the Kenai Emergency Operations Center Capital Project Fund.
4. *Ordinance No. 2265-2007 -- Increasing Estimated Revenues and
Appropriafions by X58,640.00 in the General Fund for a Grant From the
State Division of Homeland Security and Emergency Management 2007
Law Enforcement Terrorism Prevention Program to Provide P25 Radio
Consolette Upgrades to the City Communications (Dispatch) Center.
5. *Ordinance No. 2266-200? -- Increasing Estimated Revenues and
Appropriations by $21,250 in the Airport Fund and by $850,000 in the
Runway Improvement Capital Project Fund for Capital Improvements.
6. Approval -- Library Regulation Update/Inclusion of Unattended Children
Policy.
7. Discussion/Approval -- City of Kenai/KCHS Ski Team Contract for
Services.
8. Discussion -- Assignment of Commission/Committee Liaisons
9. Discussion -- 2007 Dip Net Fishery Report
ITEM I: COMMISSYON O COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8r, Recreation Commission
6. Planning 8r, 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 3: 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. (1/17/07, Tabled, no time
certain.)
Ordinance No. 2240-200? -- 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.)
-- None Scheduled
ITEM M: ADJO~(TRNMENT
~io~.
FL®AT PLANE BASIN ACTIVITY
2®03-2007
---------------
__ ----------------
__OPERATIONS
___ __ -----
_____ ----
____
____________
Month 2007 2006 2005 2004 2003
APRIL 0 0 2 0 0
MAY 0 99 114 99 86
JUNE 72 151 317 161 158
JULY 178 265 327 428 259
AUGUST 221 251 238 342 287
SEPTEMBER 173 136 227 134 215
OCTOBER 30 51 100 40 63
NOVEMBER Closed Closed Closed Closed Closed
_~e__em~~..®~~ ~e~~~s_e~~s~~~___
FUEL SALES ~®:v_ aoe~
Month 2007 2006 2005 2004 2003
MAY $0 $0 $1,035 $452 $835
JUNE $988 $909 $3,101 $2,209 $1,391
JULY $2,660 $3,138 $3,461 $2,095 $1,773
AUGUST $2,721 $2,023 $3,365 $2,041 $2,513
SEPTEMBER $2,493 $2,051 $2,811 $792 $2,219
OCTOBER $162 $297 $693 $26 $263
Slips Rented
Private 8
Commerical 0
Rev 8/2003