Loading...
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 ~b n~ - '~ ~ z o) U O MIW ,~ i i , ~i (,J M21tl / j ~' ~' II p Q W ~'. f f II IY; II, W ~ a I ~J l.'. t I tiii li l a ~ yy ~4 g ~ OI '~zF- z<~ F. S~,_ ~ U ,~~~~ ~' ~~ Ip a° $ o$< ~m~ z W (~ O 3 O Z~ Y Q ~ ~~ ~~ o) ¢ ~ s ~g 8 a ~ > ~ O ~ ~ z n. ~ Q ~ ~ ~ ~~ ~ J gg 3 F~ z N f ~a nm~ ~ _ sa 0; d 0 ~m ~'~ $S Ut ~ ~ \s" ~ y 3~ ~s ON &~ ~a ~I 30 -&e= \5~~~5 VN ERS ~~ ~'~'~+ x L ~m ^,ya r ~ x ~ b :BS6.g g m a ~ <o~~g~ a =FI ~xm w = m~~~ o 'e tb7 u A .a w 9 ~ ^ G' eO Y ~v ~~ N g MOtl ,99 ' av.a7 .r.a~P ~A1 ReYAI _ ~ _ _ _ _ _ _ _ _ _ _ 6G80.MN Jl'BZLI 3AO,C660N _.. _. _. ~'ublL6eo3~11R10 .01_m ova o m•°°°• 2402_}$=GaIOO A9 pcV4b6ully p b).._, __q . i ~ o ~ ' ' av 9G@2 aBly Y+~ 1'~°w°'°° ~ ~ d~ III,~N AC 41rx v.rl mybE yjN to uellx^q vo y m 5 e ' %~ em JS SAL Yf ~ ~~7 + .. - ~ (CL'L.L~S laf~tL Q~ B 2~7 ~~ e A v ~ { u u _ 3 _~~- 9TLiZ _____ .___ ____Iwww 3 N91f•A2___ _________________ - ° i'. .[5'620! W'45~ ~ y. .6S'000I M. 0. I i , ~'~ IS°l7 ~ ~ ` 1 ~ ~~ N., D~ro^d ~ ~ f%~551 ~ 8~~ \ f~fs°r ~ ~ ~ ~ , ~ t .~~~ i e _ = E- 5° s F iv 5bB x2~ '~< m <.5sp ~sB ;^~ up .- g8 nn°:9 nfy € _ "t ~~ os :a~ €. ~€ 6 yt ~Sx m s sq. o ~. €° ~V~y s£6 4 E~ .G .~ rpt ~> m' 6 v3p Ott ~~ ap gg 9 ¢g fi~ sx~ Ss 6 0`_ ~" €e 6~0 9e P4 '.E °u aat `~~ N Sv ~£ 6oi ~ ABO °51 2 a~.. ~~ .m~ ^~g m -¢yI PY t5 III YyIA/ d`q %i O ~ . ~ix i II 5~ r ~,m 6 II11Ut x ~ .SS6Ed ~a~~J~a fie. ~~o ~"'-c` 6 bo~6: ~- E~yy Sv £ocS K rF~§g~ w 6ytl~x 9fcL~ ame E°B r o.'q~~pa ~ s~r~~= ~ D~~9.S ~° 6.~e "~$=eEa F Sa 66a _E:siAe ~nn ~I I"`~ ~w i c a ~~ t~(~~(]~ tl~l ~& 0 0 a 2~ .. 6 hg 6 3~3 i E_ E ~ ~a i v ~ O J 1Q r Z W ..1 Q Q 48 ~`~ y'd g~$~ ~ ~ ' r ``~ ~~ d _ ~8y~ w 3 ry 3 % ~' f ~ H ~ N 4 ~'~~ ~ O ~ m } ~ 3 ° " „~ w z ~~ ° a~ a R~ Z ~ O ~ o~ g~~° J 3 I >~ O z n ~ ~ ~ / M-~~~' ! o W ° ~i~ U ' ~ b o l i ~- b w' ¢ ~a z L~ ~ ~ m~ 5 ~ ~ ffi ~- ~ = m ~ zF-- Si a ~ ¢ a~j P ¢ ~ g € U ~ ~o N O ~ ~ s ` d Ra& ;~o~ Z 5 ~ ~~~°~~ .x°z ~ LL ~ ~ a _ / /// ~~~s~ yLFs ?n $ i € v ~ r 1 ~ w ~" .0 ' ~ i '~" ~ p= s ~ N s ~a ~ o ~ +- m ~tla fra a ~ V~~>° ~ s 00 ~ "~ .~ y° ox~~ _~ u ~ ~x= e ~ ~R a-a L ;Gm :t _ a - E-a_~ma N «xi;~ ~§ E I o ~ ~~ _ `Y~ ~ p n O~ >~}fi~ °z @Cb~ o ~ w t"~ 3~a~ K OF ¢_ q ~&= `O a aua7 .G89(7DM ~ ~ Bl ~.__ _ _ _ _ _ _ _ _ _ _ _ 6 e 8 ~ ~ - N c ~ ~$ g° ~I to '~~•~- me3a S.rw~n of ' Z14L_LC ~9ppo Ao wuvl~ehw~ ea ~ -r '~ ~ ~~~ ~tl'R9f eple Vaw lwuww RilOin OC V11~ Bull m~pa tl3H la wltwe vp~ R'- li i (dpy}s yal~'n4) 8 2~7 - ~ -- ----L-L---- -- ------- ---- _ ? e¢ o > ~ 3 ~ ~ ~ ee c~ M.oosaoas F - ~ 1 +~ ^..~ N ~ ~\ ~~~ II__JJ g ~ \ \ zk\ ~ ` ~ O ~` D ~ nn nnnn u 'So oE~ p'~ Ro _ u.: fi x r Ja& av_c eS ~ $o$ a _ E a a ~ ' ~ Ev og _ - ^55 ~ € a~ a 6« a~a u €~ 3. bam 5~m b & 3 ~$~ .. ~P o °r o a nt E ~ ~« a y saJ Y o 3NO° y Er frL ` ° s € ~~Ytl\1 ll k ~` Q ~ B~ E ~ u oar i Z m P _ tr~ ~ y~ ~ ,R ~ ~ o~s Y S $ 1 Y S 6Y -S u w` > ° ~3 _o C I { R/ ~e~ w Ubi W Sui %`a i. U . r °5on~ S 2. fr o fr~S E' " u ~ ~o ~ ~ Ip kk" ' YS ~~ ~ ~ N ~T 9~ a Ns° o m r; ~ fi .g :9~ "~ ~~ 9a ~ .. ,~~~ ~i a- o c~E o ~ o 0 ' 5 E 6~ ~ 3c S°m ' 5a '9 q5_ zba 3 titl~ fi 4 to `oB ~ .o~. 9 = d d rc rc a~ st bfr ,bs o` $ 4m €° O in 4- E€g . ~ 3 ~ ~ a 'us' mo_ `~ iii oP S.: _ - O .. °iS ~ _ _ a2 nO Ea° W $~ Z~ n n Y n m _EgSSfr W -I .O 0 ~p •• BO0K0~~7JP6GEZH4 GRANT OF EASEMENT Know all men by these presents, that the CITY OF KENAI, 210 Fidalgo Street, Kenai, Alaska 99611, hereinafter called Grantors for and in consideration of Ten Dollars and other goad and valuable considerations in hand paid, do hereby grant and convey to EDWIN R. LOWRY, 10819 Kenai Spur Ni9hway, 1i 125, Kenai, Alaska 99611; an easement and public right-of-way,-upon, across, in through, and under the following described real property situated in the City of Kenai, Kenai Recording District, Third Judicial District, State of Alaska, to wit: An area commencing at the Northeast corner of Section 5, TSN, R11 W, Seward Meridian, Alaska, proceed SD 05' 00" W 149.45 feet along the section line common to Sections 5 and 4 to a point; thence N90 00' 00" W 33.00 feet to Corner Number On.e and the Point of Beginning; thence SO OS' 00" W 50.00 feet to Corner Number Two; thence N90 OD' 00" W 120.00 feet to Corner Number Three; thence NO 05'00" E 50.00 feet to Cnrner Number Four; thence 590 OD' 00" E 120.00 feet to Corner Number One and the Point of Beginning, containing 6,OOD square feet which is situated in the City of Kenai, Kenai Recording District, Third Judicial District, State of Alaska. f~ TIM ROGERS GFY AtiORNPY OTY Of KENAI s-e-een-see 2b :Nql. A(q$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 1-~ - ' 0 5 a , ~ ~ a~ Fp .D k w 'h V ~^i S ~o~ ,. b ' 'E ry _ J, rY LT6aa ~' y ~ Z O n O Mlltl ~ Ln. U_ ~€~ MZLtl \iy+ O O FT i ryl~ ye n l o~ _ . ~ ~~a . Q o io ~ F _d ~ _w o ~ZI-- za _ UE n ~ ~m ~ _ 5 _ ~ s ~ c ha __ ~ /~~r /!/~/~ I F wz~osc u~x 1 Z Q p „~„q ~ _ .Zy~~9...~ ~ -~ a`. ~ f5 S9Z1~CI a r ~ ~~l awe l ~L LSZ SeY~Q^ \ Q G~ °~ .z~\ / E~ % oF~ -_ oe °E - E5 dE° Eo J }~ _{~ u of u3 r = ES acs a po ~~ Eg' kE ?;_ _ ~;~i Z iJ 0 `o W O Z F Y ~ J Q V1. m ~ ~ Q O ~ 4 m J Q 2~ w ~ Q ~ { ~ Q ~ ~ ~ ~ m € _ 3 _ 0 ~ ~ N ~ z~ ~ x v e N ~~ ~ 3 ~~ 9 00 °~ ~O _ U 7 ;'u~ a N - fi "~~ ~°W$ e ~& ~ ~ l~ y as ~ ~ ~~_~~ N ~ Y m a tl i~ _~ ~ p *aH~ ~ Ntw< o '" 'akm ~ of MDtl 99 auv7 .cax1DM p'6ZZl 3.OO,SOAON .B C6ZOl ~Z {OZ ~!+ODZOO Ry paymnDmlze e9 al > v 'DV 9C0'L eDla Woo {uowoto ~~.4[ y~yi. outl eo Dd y3N to ooh{pool 'xo~~ N (d2.c}s .caf~'n 4) S 7~7 °' ________________ _ Iuaweco3 Rlpl)n AZ m g ao~ / / ~ ao~ / / ea~~ ~aa~~ \'~ / / ~ ~`.~~~ / / ~~ i ~P CSC.. R~. {p .¢ r~ ~' ~~ o a ~ _ ~~. y r ~ 'fr 6Eo h LL `o E: F- .~k• c ~ ;„;"off U w o~a~" (n cFcu~ tr oPSi°fr oN =9eEfi_ 6~Ea~ _9 @s`sm J~ u u ~ o ~ ~' Z c aL~l h 0 0 a ~ ~ Eo Z i ~~ ~ ~' 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 „` ~~1 `o • 6 ~~~~ a ~~ ~~ H ., ~ ~ z a P~ " ,,, a , ~ ~ ~ i w z bp~ w ~ ~ Z C) a ~ e ) ~ ~ ~ Mob ' U o~ Z ~ d ~ MzLtl , O . ~„ D Fz~u Y w d H ~ ~ ~ o ~~o N' m `~ 4 ~ E Ui li ~ ~ r U ~°m ~ h J a ~ ~~{. ~J z~_ UE i ~ pmaa ~ Q w S _ W ~d~Cim~ _ ~ ? .i~ (~: m 2 5 z; ~ _ _ ~ z~h - Y f ~~03~ -Grvm m m i /L~/ ~ ~ l w s m ~ ~ } ~ ~ i e ~ , x O ~ - a _ ~ N ~~ ? ~ i ~~ ~~ ~ && ° ~ s O ~ ~S i ~ U > h ~ e N «~um € ~ 9 _ °s~ if p u >~r~. ~ RNA? O ~ _ K of _ N G~ 'o (~ c qOq o n¢~P N ^ ^ •~° ~ a MCtl 99 aua7 .~ax1'~M M.O C,BO.O6N Y ,{1'6RL 3.00.50.09N T ~ d~11111 pl f6'fi>t 0005 c ,0 Bz0 ~f,~„ ZLOZ~~9 1 0 Fq Ly_NbuJ A a ~ o `m~'S"~5 '~' ff ~ °4~ R ' v 9ce v ~ adx y ~wmc~oe L~OC m M aup ~ a vip i noo Cdy- n " O °~ '-'S 5AL'bC d~.r. s ~.a n o " v ~ m ~ ~" ~ 7~7 ~ } ___1 4 8 R 7 L 3~uem oz ______ ;:,.. ,BPLSZ ,0005 L96ZOl .6C LfCl M.00.S0.0 ^~ ~ D05] SOS .z ~ ~~\~3. `. Ai<. Y ~ oE. Ea _ ER - a~° EL 3~ ~z xE e pE v~ Ya E 4 6 u E°n ~i ~~ .`.E° vb E`+~ w YP Pu EY ~E <E~ u_s ~Z _ n ~^. a muu u ~D Do51 / / . C~P* U\1j~Z iQ~ 'o a ~ a. G C76°~l ~Oa°~ 'S$Ba~ U oEnSS 1- v" r ii K r i8di V o° W u4tl~^i Eoem v° O _xg°So r ? ..Yee 3 o °~.°o ~ _voc^. N o~ ;.6 e Q~EOo ogE'a° ~V(~ u ~ o Z n ~$~+` 1~;~ pL o p ~ r' nOn u I- 1 a 3~ 8. ~ Co `~Q E -Y~0 " 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 %° .,„ ~_,. ,:, . \\ ~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 E tl 'rt r~t h .~1_ ' _~__ __Im n .L I' ~~~ xW, ~ ~, .o , , -'- 4 ~°~~r ; ~; ~ ~1~ ~a ` ~ ~ d~ np~ r;e - rApJ x sE ~C//~rLJ u A-! %~~ + g= tt~~~%%% VICINITY MAP / ` $LALE (i! MIN /// a~ BLUO Ic 1~N 1 ___ _ ~ i i. ,Yr/ate v 'j(/$~p ~~ ~ <y Ili~• LEGEND / ~ ~ rTb5i81 ~~ X3.510 AG. ~ ) n .w patine+r ro< .ewrerre ~ tie e ao' I ' >ay o,na ornpu: our+ev -anvxena . xp A-1 e~P \i' / '~~ / `i / i 6e. bcm~an a W'x Ao' .unmee ~arrw nen.mn 4~ ~.p v )nPo K a,~ y `. ~ `~ 314 ~`. xonamen[ pl nerara mo •`rwnrao ' ~•~~ xprvn `vf a / Lrpa ~ ~~ i ~ 8 fpuro ve' rmm wan 2~ pl. mp -0p E_2 .Nn Y~`a f`rtba c 1 re$v on^or, ""~ ~~4° ~ moo. ~o y.~ ~ si~{5x mlo ~ ~ o e.a vo'x Ap• r.u.. aen . u,aa.. ..p r ' ''Ya iF I e fn,Ma 1/t r.o.r Pp~ f .' f: .l' '.. '~ Q ~Ic ~'e A . Cet 112'w e y `' < f W a rtYV" ~~`~/ m O FnW fia6•~wz. x/W menunaM A_2 1 \ TFl A•,' if: ~` o ~~~ 9.105 AC o O' ~j ~ (1 aemd mre.mmmn «eL en-so snr.ewwd LNn 9uWlri.ipn• %ap I$'106 Sear $vedrri.iert Ne. 1 '~`U' 2.015 AC mil" ~: o. ' ~$ ~ sb's, `-' a N07ES s. ~ w; w . I ~/ .e ~' I ;i` i cooly .n ..oa ...o.v~e .P ani: p ii "^Q~^ ..w~....o~: orl ie~ua vo. ~e .¢rz~n.we*er..c '. p : zl rna Hain I;n. .o nanl .Hire nNlad en .rpu a e _,/~ ~ e.c. e. p; ~ ~ ~ ~ pr rlel eao yA. NI xav ^/ L 60 Mr ban veN11p tie p a / 84 280. y /LOT d ~x~ ~.6 ~ I a / iti ~ iq f) No dinel aer No .cob mainlamae a,O.Wfa gemrtud ~~y5x.3 aT `•\/ ~ - i' •4 A G ;~ F :\ /M ~ rv~c unba eaeronp oY Im stun el AlnYp wonm»m pl \d,., 1 .~ ` 9. C Tmncowlalien, 2^ F-J I \\ \ SA\.s 2.220 AC ~ ., y^~ w ,, ~;~ `, ~ ~ _~Anan~p..a~ l \ v \ ~ x .nwrrt rrr nrvwow.a :;a .r,.awM: .. \ / • J 4x aNdAJF hu laa. m+~aL:i vWr~xa« ... Q ~ ~YK+3.P'd W 6 alinnb^«im u mY •.awl mr. .. '~ ~dy, '~~~p~/ 1 r'w,r ~ 1 $ - C p ~ ~a E~p n 'arl ~/ ~ ~:H _, o„ M. .L ~~ a~-40N~Q! 1.... .. LI~+'I. ~rb4 xat I °,m ~+' jG 1 SPRUCEWDOD GLEN SUED ND 2 PLAT APPROVAL /A RESUBOIVISIDN OF TRACTS A. B. C. F. ND LOT 6 BLK ! SPRUCENOOD GLEN SOBO aemxpsv.n nolp+o~~nrau»+u±cam•a+v:w ND GOT S 8tX S SP(!R SUBO. NO. ]l al rp> .aa. one p .., . Clii~ NEN4I iarr z. fvlo rr mFb 2/ __ rasp °10 ,r neu x ev xr.xayn K rosr~ee.ee .za «exu nxlx .. eoNd on LOCATION ' a ~ ... n xc rrrw+ro rx ns xviz a screw e y ,.x .no nt re//.~ ~«Yya m w.od l: oor•uuy +rr e+v n.zx.r .i wxexw.e A ywrrpo oc NCLIHE AAO .ISS'A^IA TfS IHL, ' eLA~s~_I yfe ut£.n. / 1 ~P G~ '~ ~: ._.~.., m~__. t.1. `` , tI ~_r Lec Nn Q 6vmo c1,11c el surveYVavnomntre1 m 6.5 Mr~.cw s vn'. A6~ .:,. m,. •,.,.v QoA.r,.~l y fvuna 5/OJ rebarrrllb 2~ vl•~n[o ' O bal RIB'v J11 p9er +ltn • •,uvlnun~ r.P a r0unb r/S' ~ncar • Bbt 1/3'e s6 rvoer O Fvuep fi~a6~~evne. R/W manumeM 1 ) Rxwb Inlerminbn 6P0 Ba..~ SvrumxmA Glen $uMirivlvn. NRO 18'106 $pw Subllriaien Nail NOTES „1e .vrlNm ar, b ry.~ . ...~ . n « Pol. a 1,.u Y.qm 1~.6 rb .u. . ira r anulravrlF vl r! tF ~)e~fe 1K iLvan Ifi 1L eb. E) iM nelign rl M vM'cn aa101 on irbclA of olvl MRO 04-lE enea baN YOwwglly qbr eND en-E80, !I NP binp o ae 1o a m Ro W't oermupa oPMVavJeM IM $IVfa PI Afasb 0.yPa1mn1 el i onrgV rvl'wP. ~~ PIAPWNi d t11YttOW.O `..AI :C~A1.11i -... BW nYrW V 1r 4as wMN v aau4.r v. I1MCIfF64W4aeprM.adjan N aM ^^a ~" ..PN~f.E /i.^iRev ~ - OS ~ l ~xa' - ~, am uea. f ;& .~?Snv c~ PLA7 APPROVAL a Plv[ ~ v by t NaI MWLNrI'L N6 CMV.:SIUN AIRA .2/. _. twee /A REBUBDJV7570N OF TRACTS A. B, 6 F. tN0 LOT 6 BGK 1 SPRUCFNBCB GLEN S(/b IKO LOT 1 BLK f SPUR SUBD. NO. 1/ CI YY Qr' K£NAl ve*vMS. nxiei, E• a~qa eow r0'I oiultr tfa K ! -61I vem P, ael Ep6)i L OCATZON AE. SIiW 64~x n£ mKK [xI/W S 1sv x a.1W IrC' SCeI. S. u, e' [V' M[/MI 1.w iK /iN Mxfrw'ur Xtlptal. rX Svsre> oe MCLANE ANJ ASSDLIA tE$ 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 N L ^r~ o ""~ ~ ' ~ ~ ib ~ ~~ a sg ~ z w z a ~° ^F E ~ ' _ ~ . .. h '.E ~ +. ~ ~~t ~ Z '6 p W ~ i ~ ~ ~ ^ ~' wE I O ~=g5 i W R ~f"/ 4 $ ~~~~ i iY VIN ~ i ~ 5 ~ o MEId ' i / ~ o) ~ 0 ~~~ i d U 3 I ~~. ~ ~Ei~ i 0~ ~~g~ - d ~ ~ 5 L~ tJi m ~ VZ 1 ~~ ` . ~e d,~ G 5 ~ ] W ~~O?p U SaT vW d Q i ~ ~ ~ ~d °~ .spa Z ~ ~ E i ~g /.l/~j/ ~ £Z ';zooid ~c',°`.Y d g ~Zi ~~ \ -'~`~! R N Q 6 5 //////////~~~~''_____~,,,,,~~~~~~\~~\ e~ : ° C a ~ ~u ' ~~ y~ E "`i ~ xaaaon ~ N :a ~~~ ~ a~ Y Q m d i d6o 6r ~s.~~~ ~rW~'"~ Cy?~i 9a Z I 0~ ~ xb b fi o - a ~ ? $ g g e= °$ N -~ ~~ g g ~ ~L a~:f~:t~~y F... '€ N s k F, ` ~ a;g~g~ ~$~ n _ %q n E a ~ ~ ~ . I "s ~ C ~ =°"I ~u Yd . w rc ~¢~~. MON 9B av,v7 ~aa'7ad1- _ i ~ o x. ~Cb7 a~ n I~ C FmY ~~ 0 b_ ~~ 3'xSxEn o ( z az~ ~vo~oo ~a o,_°*^bo.w a °~ d ~,ni ~ ~ '.<m nT nM oc 4i .i o~°e dw ~° °°n°°_i ~. YS 49E Of ,+~ _ ~b 4f82 y _ V }0'7 (d¢i}s ya>`.~Ti4) & 9o7 p,.ww°3 eemn oz yn ~~~,6CdCl M.00 ~(~(~8 G°ri I I _ i vo _ € ~~ ~~ ~'_ '3"og ag ~~ °b €i ~~~ °ess Y E .S g Y£t w a E -~-e 8u ea Eo ~~ ~„~ ~5.. ° c° > EY °o Eo x' ~~` rE g4a ~sn ~ oC - T °~~ FS~+ Z_ n n • n a 4 ~ ~~ 9~ v~r =4~ ~~ "; a i p. Y ~ ~? ,,I ~4 K~ ~"~c v nz~s~ff~ L m^M~V.f ~ iu~s"cR 6_ho.I L ?-~~Z FEefi ~g~56e -SE`S °u ~~E6f _P~SS: e i~('~~~] ~LJ h `r/dw`' L~ O I "7 a 6~ "S ~ $ S ~a ~~Q~a y !- Z W Q t.. Q .oye ~' :1'~ N ~'S`a w m z b ~~ ~ ° 6 t MZlfl ~ L O _v O ~~~ FZ~ ry ~~ ~ ~~ H ~ WU 4~~a f 1 U -O ~B$° ~ l~-p a I.~ O €~m~ zp 6 _ ~Z` ~ e s ~ ~ob~a „" U ,3s6~ oa ~G/~ ,~ ~~~~~ -~~6 Z w ~. g ~~ , 3~ of O Z € Y w U Q (n~ m ~~ ao O~n m O g ~ a ~ ~ a Q € f- ~ Q m J P ~ y= ~ ~ § ~ 5 € x b 8 N i° ~] rc~ ~ ~ m ~ o ~ ~ a ~ ! 8 $ ~, & d~ s ~x ~~~ i ~ ~ ~ ~ 5 '06 ~ ~x 6s`_ ~ ? ~ s 00 "'S 7N a R a :b s Y m ~ ~ ~ N <s xa a ~ 8 a ~ ~~I ~_ o s =~aq o ~ o ~cw~ w ew ~~m= of ~zmY gtn~H- ,Zt'{9t M.OC,B0.09N~ d'fLD'I MOtl .99 1d9f7DM ,tl'BZL13.00.50.00N Z u ® i ILeTI"Jit3 X1119 ;01 ' P -F- ytpE ,1[ wWy+p A9 WwInEyP~ e4 ° ~wV'CL9C pP tpw lueuvw Rt191° .VC V11e Bull we°d y3X 1° wllwel i°~ ~ d -~ i? ~ ee e N i i (dpy7s .c~.,<TL 9) 8 707 ~o c 1" __________ 1._1_______________ _____________Sw""°3 emm~lae _____ - w_ - __ ~ i 5 ~~~ ~ .6f' CI M.OO,S0.995 m ~' r a \ / ~ ~. 3\ ~ \ ~ \ `4\ ~ ~ ®~ V ~ ~ \ / € g c Efi `e ca - 6 5Y< Ec gv y P _ ~_ °5 _ _ ~' °oo ~Jo 53 e bR E bu& zo°Z E§°~ 3~ 2~ Sx 'i 9 &o €°y oop 85 ~T yyx ~~ o" ycr EE d cY u n§ 66 0 - Eo ~j $n o :° `E~ n` ~°a3 ~d8 i~ 4e E& bE - _ ~" nP ~ °~` mEa ~`° E3 Z_ ~ n a n m ~* • 1 11111 e ~~ W.t ~~ ,' O ~ J~_ ~~~ Yy ~ t ,,1 ~tKd_ --°o~6sd _~~°~~ _e~~°_ U ~~b~uo LL P<E2g~ 1- ~ 0 0 C>! ~v,i~o ~. W ° V °$k°o~ O ~~oxy° r y 5b W gE~ ~ '°a'=` '~'yn'Ee Ba~EOv _9$S'sg a J0 nunul~n~ ~(uv~~ LJ a $~ d' ~°. 0 5 °sa x n r, rc W ~ A YH O aooK02931.,f~E2~~4 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. ~ ,~ ~ ~ .,. i i~ ~. ,J/ .~/ /~,~ , ~~ ~ Notary P blic far A'1 a5&a ~-^" _ _ ', -~,,,i~L-FF- My Commission Expir~s:~~ rJ ,(D .T ~ ~ ~~ 2R wk-3''~~ 94' ~ i; r = Ct ~3'i F;? _.~ ~ u ~ d ~ 8 ) ~ tl ~„s ~~ a ~ z ~ `° wF~ ai ~~ ~° a a r. .' z O ~ ° ~ ~ of 8 :. E ~~ I ~i& Y' "~- O Q ~i O ~ V0' ~~ ~ ~~ & d s o z O ~ °- i pp~ _ =a E mica _~, p 0 €zo Y~ d x n°o 00 w a N 301 ~ ~_ ~. w~ Ww n v Q ~ ` O o ~ m d ~ ~ ~ 4 L §~~ya ~ o ~ .-:. .. ~ ~ f €w € L ~ Li; ~ U mgQ°„ z ? __ ~ a W o g l Z > ~ x ~3? _V 5 /ll /~J/ F ~ 1 ~ \ ~ 4T U n 3n x _ ° y ~ = m ~ w qq 7 K O1Nyiy Q ~ n~~a Q a ~ W ^~w ~~aw ~ u Q ~ f 'Y P 09 a ~~ am~ ` "~- N o mae ,99 ~ a .Zb't9t ~l___ _. _ _ au D7 _ -._ _ l2~TD~ _ _ _ ~ _ M.OfB0.00N V ,IC 62Zl 3.OO.SO.OON a juawaxo3~F1!Illfl O1_ffi fi91 ,OO OS. 'o `° 9I 6201 F9 4=wnbullaa a9 1 _ LIOZ~_VOlaY w b ~ N a' m 3'S S92'bf rv o n '>tl 9C0'2 aP!a 4>oa aa lw a 11~ ,OC 411M au o 3 f M to uol a tl ¢. w n AN .- - r~ .b.tl d 707 v (days .eaf~{n.4~ 8 707 Iwwaaa,enuln,oz w i n° v m`~> ___ ,196201 ~ 6C'Lifi M OOS0 0 & O \ i . , . ~ ~ ~ /I~ r -~ N ~ ` ~ / / °~ .r ~ ~ ~.~~~. / / ~ o a ~.~~~~ ~ ~ ~. ~ `, r D ~J n n n u -m E r - _ _ ~do~E a _ _ a_ o~€~ s ~ o - E~ _ ~ - wg< a o ~~ - °' ~ 9oa w-° e ' l ~ E'n o ,y~ ° A ~, P aA ~.'9 ~ on I I P fi s r pair m ff4 t75_ ~ oa'y°e 3 'r o uyu s Ems. IIIII\\~fi. ~ .4 EE~c` E rc rc °y Eo` qn E° s BE ~3 u "E~o t= _o _ o /1 z i n n rc $5 ~'° o ? ~ a ¢al ry ~ am u •4 !i $NIW ` ~ ~ ~ ~ ~ Z K4 ~ 1 w $ ~p \i ~'b n\zz "(N = poo¢w w I ~ ~ (n d r° ~m ~ 8 $~9 d~ E ; 1 y ~ ~w 7 ~ > m ~~ u 6fr 2 a ~a d V = ti~ 1 wop z) o) _ o < J s ; a U~ m a ~ ~5 ~ fr ~~ a „ .. ~a ~l`-1 ~ ~ ~ _ o a ~V~c r ~yaxea ,6 0 ~ w< Mua ~U ~ ~~ ~ a ~ OCO z ~ I ~ . $ ~ !'. a~~w vim a m w~ °o ~. ' a ~ F i ~ o € ¢ J. ~ F ya ~ vh L ° 5 f... x~ ~ `~ZI-- ~ Z ~ ' a L L ~ ~ ~ ~ S n ~ pN ? ~ , Q y i ~ - y'§ 5 5 _ ~ N o m ~~ /G~/~~ Ywo~~ {~$~x n zs ~ 8 x ~ ~ >,~m ~ rY4 o ~o NCw Iw ~~ ~~mw - Q a a ~ q_ ~- na N ~~ ~ MOtl ,99 \ a o av,ro7 ~,axpvy z a .Z9't9l .~ ~ _ MAC0600N ~ ,IL 622: 3.OO,SO.OON a juawdvoj7.i11Nf1 ,91 'b'64l 0005. to ' ' ,9t'6LOl zl6z-lC-a Iw Ra~!~'~ re~ oa~7_ w Ol <? 1 S .C ~~ m~ 7 ~ n'4~ & '> sce >oa ivaw~oa ~ z ~°> ull oc vl,. e>n a v]rl :° ~o to of v ~ n •~^ ~~` ~ ~~~' n~ ((~2.L ~$ .La~}~'Y~_ Cl t~[ ^2F 4 .BL'LSL } ONOS~ ,19' 1 6LOl su3 RI~IIlfl OZ _ _ u n m o ~ i 11-1 ~ o LL ~~ Y ~ .6S'LfCI M,00,50.0 ~ a r,`~ ~n-I ~. ~ ~05~ / ~ ao~ / ~a°~ ~aa°~ ~ ~ ~~~ .z \ / ~`~~``~~3 / / A o ~ , ~ `. ~~ / o E~ fr fr` u - a ~ b~~ ~~~ a s - = m~~~~ ado ~_ ~ z~ 9o e o } a~ e o ~ °E.~ a ~ ~ as _ ~ l, ~ LL c _ _ °6 ,Q .~ ~~~ v o~boo~ o E _ ~5 ~ ~~J m yd 6 `~' 8 ~~~'_ ~ ~ oPTfryfr > L a i6 3 ` L l 1 611 ~' O ° y E o o - u c - p° .,c 11\\ ~ ° w E~ -' E _ b N g? $u E° w Y ~O a~o ~v ~YnE~O W ~ E ~ n v~ rc d O .. w 0 ° 9 OO ~ O n n e n w 2 °~50: J YY ~.. "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. "n` E" j ~§ :_ °.4 ~ i„ __ si :~@~ :.{~ P: RN ' i o z° z r s 1 i x e R - ~ e / z ~ p i ~ E s & S s g i ~ ~ z ... .. ~ e a ~ \ f~[ ~: x ~Et~ i3a< k:..e:8 .R°SAiA y.: Y;:na8 F:n^. °~R: C::O 8 nn. o. gaz s.z g'a ep ~~,e" ~ ~ ~ ~~ ~ oe N~~ A pyMW z„~y la %i, z Q~~ 1;'3 gsi' ~„~ Nk w, g ~;:, .rat Y'? p E ~kS ~6,ry ~~~I ; k 4r jq~Po a j~ b i y~8 ~`k w VIII ~g'gg sj a, t~[":a ~~ i ~, ~y qg € i ~~I~ h 7'~~j"~ .3 yyff ~~ ~~i~J~ >~gv §a~ ~; g~ ax: ~. . ~ y µ 1(1N5 3NN3AV 1 3Ntll b3NlbM l ~' M/tl C9 I i _ ...... -. -:w .. ;. 4N az ¢Yh ~' ` ~ i i A' l :. i r Y 6 ~a~\y / 4 \ ~~~~~ ~ CI '\ ~ ~ a 844°ek ~ `~ ~ eP ' / / ~ \ / . " ~ . s ~ <~'. ~, ~~ j ... o, _ _~ h3 8 ~ i~ ~/ ., g . .. ? u 4 ~ ~ e\ ~ e \ e '~ ~, k s \ \ ~ ~~ ~ ~ ~ ~ y R.. i'3*:^' ' /i ~? ~ S `q p ~` t°6e a' Pr ~ A\1N{\ i'"si a ~,~ `'~" S :f"> E o[': i C . ~ ~i" ¢.~:~ - z LL aia• E ~ w 1 ~~~~ ~ k ~ d C P~ ! ; . e ~~ S;~ ) I ~l ~ z ~a ~ ~1 ~__~ °z ~a is ''. ~'" ~~.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 z ~ O M \ ~W \ W ~~a ~ \ m wow ~ V1VY ~ NwO m 7 at vi ~~~ ~ m o~ ~o~ Z rn ~_ ~ J Z ~ F33 a _ ~~~ Y (~ ~~~ a Z v i Q M Zr. F„ W J ~ Y 4 ( ( vJ s tl d; 9 ~n y p 3 0 ~ C a Q ~ i SYS a ,;< e..aoa •~ Rir g e e E y ~_ ~~/PVip a ~~~ h v y i/ 1 `^ ~ - s e V ,. _Y' , o VRryya o g ~ A ~ ~ ~ ~ 3 hi va a 1 ~ ~ ~ s W tlp+~~ f 6 \~~.o _ 8 F A W N i . _ _ ~~, .~ ~~°..ae\ R°~~ . .~li~e. N J g n __.__.._ ____.... .b ... ......_~?:.sm~._]YP.Ah A-rnm'1_x. 'eem -e'e _ .___. ~_.____. u _ _cri-~ v d. e~an. < a -s.~~'_ _~~I:o __-___~:~>to'oe (~~s~~alhQi0Z1) I101~..-r__,._____~_..._ [ ~ as ~~3+ \\ A O •4 ~~ J .~~'\\ \ \ \ ~'. ~~ ~ ".~ \r ~ ~°~~ Y ~", u 1 ~ ~ O ~. .^°' ' M \\~ 4,.\ rr`\ ` m J o $ \ ~\` ~ ~`~, w _ ~__ ~. ~~ ~~ ~ . .< ~o~~/ .v ~ ~'~. ~? ~ .~~Ep~ ~ ~ %~~~ ° ~ r ~ ~ . :d/h 8 ~dE , ' A S e a ~A\ S ~? y ~ jp~0 i I...,~ylll ~ .", k 1 ~ ~ W~l i ' 3 roa * ~ ~ /' e; ~°~ §! L ` h , 1 4' s LI.. ~.~ m ~ ~ 9 \,~ x _ ~ ~•ei =ae v:'sG ATTACHMENT C e y h h Y t N t y .U lh~ 1 AS~° Q3 YF P a `~ ET`s Ai8 ~k §A'Fh ;a.~ .P ',qqy~ ~ Y ~~~ SAS iY ~~ ikt G&F r` ~1 ;'mb z6°~ ~ ~ '~ m ~ c x~ ~ ~ M ~ µ ~ cma` ~ a ~ Q 3 S A ~ }R J ^~ ~ 3Yz~ 3 O G Ufl ~ ~ y ax a d o ° ~ ^ O ° N O ~ _ ~ ~~ m i CJ o Mlib ~ MLb i ~ `'~Q ~zo YS ~ ~ ~ _ ~ ~O pX 'j d ° ~ _ Lv w~~~ ~-° ~ ds "' ° «w U al I ~ g N ~~ N ¢ £. - G _ r „~\ = .~ Q~~rc ao a 8 m Q m _ ~ i u r n W °g' b (/1 F o -1 ~ cl C U . z a _ 5~ W p~ m~ O ~ - 9 •° ~ d~'" _ U Masao & 7_Im ~`~^ a o - iw ~ i I o0 I wo oc 3~;,- a 0o a ~¢m~ ~ - ~ a ~I_ C ~ '~ ~ mo a ss \'m a av,~q .~axyv,y z Lb't9: ~ _ ~ _ _ _ _ __,_ _ _ __ M,0£.80.OON ,lt 82Z1 3.OO,SO.OON a 1 31.11111 .01 c6'61 o .OO OS 'o 8l'6ZOl ZIOZ~L! Vo\i0 F9 payc nCU.v a0 °1 o ~ pt .a .q -~'S G92 6f n m ~ Y 9£8'Z aP' V 1 as > II~OC VIIm null is o d V JVI /o Ilooul ti ddy v ~ n~ ~, ~.: 6' 707 ~ w (dii7s y a,~~n.q) 8 307 µawaaog tl mn oZ i ` . ~ F' ~~ c ~ .-e2CSZ £ po os ~ - ---- - '-' is seol - FnIQr" '~ \ ,fic <cil m,ao so.o Fpi ~ t• ~°~ I ~ ~ ~ ` Sav &O 1~ O @711°e J ° ~' ~~ d .2 \ / , ~. a / / o ~ ' ~. ~ ;r i 0 a co ~ ~~ = q fr o = - a ~~~E~ - uo~Eo E~ - - _ = _ s E v3 a. I y~P ~.~ ~ Y Etlb P . E I - ~, ~ ~ ~ ~ w b a E c i : i ~ SY o~~ u ^ j 0'. fS 6 ~" ~ iJ m ~= to G E c .~ ,^ Ec o - u oY^oo . E 3 >~ P„ E~_ of °Ea = C N, -0 60 s ~ r rc ; f ~ ATTACHMENT D ~' c ~zio - >< ~ m « co < N 0 - 8" Y MZLb / }? ~ Q ~i Wm ~ F (~ € N ~O o _ ~t 6~ 6 cn a lil Q x '~' ~..' U -O ~ Cn~ m Q m F j J~ fr m 'o° ~ ~zl-z<- ~_ °a ~~ c m _ a m ~ m use ,,~ FS. ¢ ~ x N .m~ `~ YT's S ~ o€~~ _ `o'hm ~ ~€ #- d a r z~moo _ a ~ o ~~~ o° oz6< o ~pw w k 'a_m ~ - 4[ m N t` a2 a _ ~o O ~ ~ MOtl ,99 \ auro7 .caxpv,y z a MOf B000N + LCfi221 OOSOOON -r 3~11P19 OL ffi fibl _ .0909_ 816201 p1 _ 'Zt02_j(_4 F9Q~fi .I a9 1 tr ~'~'CJ.~S l'd~71. (j) 6 0" ap. 4 0> }uaw<coc }~Of 41m II 4 tl3H i pc rv b 9SB'L ~ bQ' 5 59Z'bS - - n n i~ r o ° ~ a` Y 7~7 "s x (d?,.cgs ~.e.L1'n4) S 3~7 _ - ! ~ BG LSZ }OO4S3 19621 __ 1 3FU.ID c2 _____ F; ~^ i ~ 6C'Lffl M,cO.WA ~ ~ ~~ ~ l 5 b°~ ~ b Do57 ~ C76°~J ~~ /~ ~ ~ ~~a°~ ~~ ~ ~ O ~°~..r~ ~ ~ ~`~ °~ . x ~ V~~o~ `. Ai< / ~ (; n~(;nn ~(I"~u _ __ E'c E` fr~ - I_J ~5 -' _ _ -LY Y PgSF„ sa °z„ aEo ~„ _ _ 0 3~ ~ 'oL 4~Y E ``Pil\\\II U o u _ P fE iQ~ 6 ~~i ~ S`b$"~ mo z io'. ~ ~~ ~p~~ vl srgo~ e 9 f ~i r e £ ~- ~ ; as 5 ° E F16f ~ ~~ O _`s.-moo 3 `. Ez E S I) S• sc~ Y YS C E 1111\\\'~ ~ j 9 6 6 Ea F E of 3 ~ °~ ~ E~ ~ ~ _ w n _ ~° 4 °3eoo J ~ O I. ATTACHMENT E .A- Stc+M b b• "Sew%vu~thPiG ' i ev~i,;h~u,Ia1 305 N. wILLdW 8'r. SUPTE 200 6~I+BN, ALASKA 99611 7EL~FtOP1E 907283.7951 FAX 907?833737 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 3 v 2 w 0 a c a N h h n C G C S 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