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AUGUST 16. 2006
REGULAR COUNCIL MEETING
REQUE5TED
BY•
Requests for amendments to the agenda:
SUBSTITUTE: E-3, Resolution No. 2006-47 -- Supporting the City's
Application to the Alaska Department of Environmental
Conservation SFY 08 Capital Municipal Matching Grant
Program for the Construction of a New Water Transmission
Main From Well No. 2, the Construction of a New Sanitary
Sewer Main 5erving Well House No. 2, Water Treatment
System Upgrades, and Other Related Improvements. CITY MANAGER
ADD TO: E-4 -- Resolution No. 2006-48 -- 8/ 14/06 Sarah J.
Copple-Blum opposing improvements to Shamrock
Circle. CITY CLERK
CONSENT AGENDA
None.
MAYOR'S REPORT
AGENDA
KENAI CITY COUNCIL - REGU%.AR MEETING
AUGUST 16,2006
7:00 P.M.
KENAI CYTY COUNCIL
http: / /www.ci.kenai.ak.us
EM A: CALL TO ORDER
i. Pledge ofAllegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
'All items listed with an asterisk (*) aze considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
sepazate 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)
ITEM C: UNSCHEDIJI.ED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HF,ARINGS
Ordinance No. 2179-2006 -- Increasing Estimated Revenues and
Appropriations by $250,000 in the Airport Fund to Purchase Fire
Training Props and Equipment.
2. Ordinance No. 2180-2006 -- Repealing the Existing KNSC 21.05 (Airport
Administration and Operation), KMC 21.10 (Leasing of Airport Lands),
KMC 21.15 (Provisions Required) and KMC 21.20 (Policy Governing
Modiflcation of Existing Leases), and Repiacing Them With KMC 21.05
(Airport Administration and Operation), KMC 21.10 (Leasing of Airport
Reserve Lands) and KMC 21.15 (Lease and Sale of Airport Land Outside
of the Airport Reserve).
3. Resolution No. 2006-4? -- Supporting the City's Application to the
Alaska Department of Environmental Conservation SFY 08 Capital
Municipal Matching Grant Program for Well No. 2 Water Treatment
System Including Water and Sewer Main Connections.
4. Resolution No. 2006-48 -- Directing the Continuation of the Project
EntiUed "Shamrock Circie" and Designating What Improvements are to
be Included in this Project.
5. Resolution No. 2006-49 -- Declaring Equipment, Supplies, and
Materials Surplus or Obsolete. ;
6. *Liquor License Renewal -- WITHDRAWAL OF PROTEST -- Kings Inn
Property Management LLC d/b/a Kings Inn Hotel, Restaurant, Lounge,
LLC (Mr. D's)/License #2457
ITEM F: NIINUTES
- i. "Regular Meeting of August 2, 2006.
ITEM G: UNFYIdISFIED BUSINESS
YTEM H:
Bills to be Ratified
2. Approvai of Purchase Orders Exceed'ang $15,000
3. *Ordinance No. 2181-2006 -- Increasing Estimated Revenues and
Appropriations by $20,000 in the General Fund Library Department for a
State Grant.
4. "Ordinaace No. 2182-2006 -- Increasing Estimated Revenues and
Appropriations by $40,000 in the General Fund Police Departrnent for a ~
State Grant.
5. •Ordinance No. 2183-2006 -- Repealing the Existing KMC 7.30 (Airport
Land and Temunal) and Replacing It with a New KMC 7.30 (Airport Sale
Permanent Fund).
6. "Ordinance Na. 2184-2006 - Amending Portions of KMC 1.56 (Kenai
Municipal Library Department) and KMC 1.57 (Library Commission)
Regarding L.ending Policies, and Replacing the Term "Librarian" with
"Library Director."
7. *Ordinance No. 2185-2006 -- Establishing a Central Misced Use Zone
(CMU) at KMC 14.20.125 and Amending the Various Parts of the Kenai
Zoning Code by Adding the Provisions to Encompass the New Zone, and
Updating Portions of the Land Use Table at KMC 14.22.010.
8. *Ordinance No. 2188-2006 -- Amending Estimated Revenues by $3,580
in the Senior Citizen'I1tle III Fund and Increasing Estimated Revenues
and Appropriations by $1,000 in the Senior Citizen Fund.
9. 'Ordinance No. 2187-2006 -- Increasing Estimatefl Revenues and
Appropriations by $24,630 in the General F~nd to Pay for Attomey's
Fees Awarded in the Recreation Center Litigation.
10. Approval -- Amendments to City of Kenai Miru-Grant
Overview/ Procedures.
11. Fipproval -- Negotiation of Lease/Alaska Regional Fire Training Facility
by Homer Electric Association.
YTEM I: COMMISS%ON/COMMITTEE REPORTS
1. Council on P,ging
= 2. Airport Conunission
3. Harbor Commission
4. Library Commission
5. Pazks & Recreation Commission
6. Planning & Zoning Comrnission
7. Miscellaneous Comrnissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMIPIISTRATYON REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
l. Citi2ens (five minutes}
2. Council
-- None Scheduled
ITEM M:
E-1
Suggested by:
CYTY OF KENAI
ORDINANCE NO. 2179-2006
Adminisrrauon
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $250,000 IN THE AIRPORT
FUND TO PURCHASE FIRE TRAINING PROPS AND EQUIPMENT.
WHEREAS, the City of Kenai owns the Alaska Regional Aircraft Fire Training Center;
and,
WHEREAS, the current lessee, AAZ Services Corporation, has notified the City that the
lease and management/operations agreement will not be renewed and has offered to
sell the City certain fire training props and equipment located on the site for
$250,OOO;and,
WHEREAS, since there is no other vendor which could offer these fire training props
and equipment, sole source purchasing is in the best interest of the City; and,
WHEREAS, it is in the best interest of the City to purchase these props and
equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that:
Section 1: Estimated revenues and appropriations be increased as follows
Airport Fund
Increase Estimated Revenues:
Appropriation of Fund Balance $250,000
Increase Appropriations:
BuiZding and Equipment $250 000
>
Section 2: The City Manager is authorized to execute an agreement to purchase fire
training props and equipment located at the Alaska Regional Aircraft Fire Training
Center from AAI Services Corporation.
Ordinance No. 2179-2006
Page 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16~ day of August,
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: August 2, 2006
Adopted: August 16, 2006
Effective: August 16, 2006
Approved by Finance:
(07/27/2006) hl
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MEMORI-~.NDUM
TO: Mayor Porter and Councilors
FROM: ~'~ Cary R. Graves, City Attorney
DATE: August 10, 2006
RE: Airport Code Changes
This memorandum is intended to summarize the changes to KMC 21.05 (Airport Administration
and Operation), KMC 21.10 (Leasing of Airport Reserve Lands) and KMC 2 L I S(Lease and
Sale of Airport Land Outside of the Airport Reserve). Because of the comprehensive nature of
the changes, a traditional legislative format would be too confusing to be a he(pful tool in
tracking the changes. Instead, this memorandum will describe the differences in a nartative
fashion with references to the relevant code sections and the consultant's recommendations. I
hope this approach will be more user-friendly than legislative format.
Attached to this memorandum aze the consultant's recommendations for changes to KMC 21.05
and KMC 21.10. The consultant (Steve Pavish) did not provide recommended changes to KMC
21.15 that will deal with airport land outside of the Airport Reserve. The Administration's
recommendations for KMC 21 are a combination of ideas taken from the consultanYs
suggestions for the Airport Reserve and internal suggestions for management of those lands.
I shouid atso note that the Administration does not expect this ordinance to be approved without
changes and that a substitute ordinance reflecting the concerns and issues brought up by Council,
Administration, commissioners and the public could be prepared for the second publie heazing.
1. KMC 21.05 AIRPORT ADMINISTRATION AND OPERATION
The primary change to this chapter of the code is the establishment of the Airport Reserve. The
new KMC 21.05.010 establishes the reserve and KMC 21.05.020 sets the reserve boundazies.
No city-owned land within the reserve can be soid unless pursuant to a pre-existing lease
granting purchase rights to the lessee. See the new KMC 21.05.010(b). Much of the debate on
this issue has centered on the boundaries of the Airport Reverse. I anticipate a good deal more
debate and discussion will occur regarding the boundaries of the reserve.
Mavor Porter and Councilors
August tQ 2006
Page 2 of 10
The second major change to this chapCer is the addition of the environmental regulations (the
new KMC 21.05.070). This section provides stricter environmental conrrols and regulation on
the airport.
The new KMC 21.05.040 deals with airport regulations. The current sysCem is that the City
Manager (CM) has the power to adopt regulations for Che airport and the Council has the
~xthority to repeal or revise those regulations by resolution. The consultant reworded that
section but kept the same basic procedure in place for adoption and repeal or revision of
regulations.
There are no significant changes from the consultant's recommendations for KMC 21.05 in the
new KMC 21.05. A caveat to the above is that Mr. Pavish did not send a map recommendation
for the Airport Reserve boundary with his proposals, so the map attached to the new KMC 21.OS
is not a recommendation of his. The consultants did attach a map to the drafr Supplemental
Master Plan and that is Attachment I to this memo. Attachment 2 is the map attached to
Ordinance 2180-2006. That map was generated afrer the joint Airport Commission/KEDS
meeting.
It also should be noted that Mr. Pavish's recommendations did not include the now-existing
KMC 21.05.045. That section deals with regulation of off-airport rental cars. That section was
adopted in 2003 after a great deal of work by the Airport Commission and Council. The
Administration feels the omission of that section was an oversight and will reeommend inelusion
of the old KMC 21.05.045 in the new ordinance.
2. KMC 21.10 LEASING OF AIRPORT RESERVE LANDS
This section is a comprehensive change to the City's leasing policies and procedures. It covers
land in the new Airport Reserve. Because of the comprehensive changes, section by section
review of the new ordinance is useful.
a. KMC 21.10.010 (Airport reserve Iand). This is a new housekeeping section, not included
in the consultanYs recommendations, that Administration thought was needed. It states:
1) the chapter regulates land in the Airport Reserve; 2) that rights under existing leases
are not changed by the ordinance; and 3) pending lease applications remain under the
system in effect at the time the lease was filed.
b. KMC 21.10.020 (Lands available for leasing). This section specifies which land within
the reserve may be leased (i.e. land not currently used by the City such as runways, roads,
etc. or anticipated to be used by it). The old section stated that all airport land was
potentially available for lease. The change simply recognizes some reserve land should
be off the table for consideration for leasing. This new section is as recommended by the
consultant.
Mayor Porter and Councilors
August l0, 2006
Page 3 of 10
a KMC 2110.030 (QualificaCions of applicants or bidders). This section covers the
qualificaCions of lease applicanCS. The only change from the exisYing code and
recommendations of the consultant are that the age of lease applicants was changed in the
new section from 19 to 18. That is to reflect that 18 is the age of majority now rather
than 19.
: d. KMC 21.10.040 (Applications). There are some significant changes from the current
KMC 21.10.030. The new section KMC 2110.040(b)(1)(iv) drops the two-yeaz
mandatory completion date for improvements. Airport Reserve property may not be
purchased upon completion of improvements. The City may still require a lease
appiicant to change his proposed completion date in order to get lease approval. The
lease still may be canceled for failure to complete the developments within the approved
time frame (new KMC 21.10.120).
The new lease application must state whether the intended use complies with the Airport
Layout Plan and the Airport Land Use Plan in addition to the zoning code and
comprehensive plan as now required (new KMC 21.10.040(b)(1)(v}).
The new KMC 21.10.040(b) requires a business plan, a site plan and a KPB tas
compliance certificate. It also states the CM may require submission of additional
information for the application. My understanding is that the KEDS group opposed the
inclusion of the business plan requirement because of the proprietary nature of the
financing and gross revenue provisions.
The only section deleted from the consultant's proposat was a section that required
inclusion of "an explanation of how that applicant intends to finance the construction of
the proposed improvements. If the applicant intends to borrow funds, the applicant must
include a letter from a bank or other lending institution expressing interest in providing
financing for the improvement." That subsection was removed because it was redundant.
The new KMC 21.10.040(b)(2)(iv) also requires that information.
e. KMC 21.10.050 (Filing Fee and Deposit). The new section has a$100 filing fee instead
of $20. The deposit to cover expenses is $4,000 ($2,000 for appraisal costs and $2,000
for engineering, surveying and consulting). The old deposit was $2,000 for land already
subdivided or $3,000 for un-subdivided land. 1'he consultant recommended a$50 filing
£ee with a$2,000 appraisal cost recovery fee and a$1,000 engineering, legal and
administrative fee.
£ KMC 21.10.060 (No right of occupancy; Application expiration). This section is
substanYially similaz to old KMC 21.10.040. That section says lease applications aze
good for one yeaz and may be extended for six additional months. Lease appraisals are
good for twelve months. A thirty-day extension may be granted under the new section.
The consultant's version was submitted prior to the ordinance extending the application
Mavor Porter and Councitors
August 10. 2006
Pa~e 4 of l0
and appraisal time period from six months to one yeaz. His version had the old time
frames in it. Otherwise the new version of KMC 21.10.060 is like the consulYant's.
g. KMC 21.10.070 (Application processing procedure). This process is substantially
changed from the old process in Ki~IC 21.10.060 (Processing procedure). The old system
sent leases to the Airport Commission and to the Planning & Zoning Commission to see
= if the proposed use was the highest and best use and if it conformed to the Airport Master
Plan and any other "goals set by the Commission or Council." Under the old system the
lease application, if approved, went to the Council. If the Planning & Zoning
Commission disapproved the application, the applicant could appeal to the Council. The
old system allows "conceptual applications" to be filed. I've never seen one of them
actually filed. It also provides for the Commission and Council to choose the application
with the highest and best use if there are competing lease applications.
The new procedure has an initial review by the Assistant to the CM (for application
completeness and compliance with Title 21), the Airport Ma~ager (for conformance with
the Airport Land Use Plan, Airport Layout Plan, Airport Master Plan, FAA airport
regulations, AIP grant assurances, and airport operations), City Planner (for conformance
with the comprehensive plan, City zoning code, Airport Land Use Plan and future airport
developments), and the CM (for adequacy of business plan and consriuction financing).
The vazious staff inembers will recommend lease application approval, rejection or
alternaCives to the CM.
The CM can then reject the application (stating hislher reasons) or refer the application To
the Airport Commission and Pianning & Zoning Commission for review and comment
with recommendations from staf£ The CM shall inform the Council of his/her
recommendations.
If the CM refers the application to the commissions, he/she shall consider their
recommendations and approve or reject the lease. If the CM's decision goes against the
commission's recommendations, the CM will refer the decision to Council for their
concurrence. An applicant may appeal a rejection by the CM to the City Council.
Competing lease applications wili be decided by the Council after review of the CM's
and the commission's recommendations.
The new section adds the grounds for rejection of the lease application (KMC
21.10.070(g)). It also provides that the application procedure may be waived for leases to
government entities.
The process in the new KMC 21.10.070 added the following to the consultanYs
recommendations: 1) the CM reviews the application's business plan and financing
arrangements; 2) the lease applicatinn goes to P& Z for review; 3) the appea( period is
15 days rather than 10; 4) "not in the best interest of the City" is added as a basis to deny
a lease application; and 5) the waiver process for government lease applicants.
Mayor Porter and Councilors
August IQ 2006
Page 5 of 10
It should be noted Chat a lease application is reviewed by Council only if the CM's
decision to approve or reject the lease is contrary to the recommendations of the
commission, or the applicant appeals a rejection to the Council.
h. KMC 21.10.080 (Lease Amendment or Renewal). The old code said lease renewals went
to P& Z and the Council for review or changes in use (old KMC 2L10.070). KMC
21.10.080 is a new section that specifies the process is the same as applications (new
KMC 21.10.070) with some exceptions. The exceptions are: I) a development plan and
business plan are not required for applications not proposing new improvements on the
premises; 2) applications not adding a new business need not submit a business plan; 3)
an appraisal is not required for an application that will not change the size of the leased
premises; and 4) appraisal and engineering, surveying, and consulting deposits are not
required for lease changes that are only administrative in nature and do not alter the use,
size or value of the premises or if no administrative costs will be incurred.
i. KMC 21.10.090 (Length of lease term). This section is significantiy different than we
currently use. The old KMC 21.10.080 only provided that the term of the lease be based
on the amount and nature of investment in the improvement. The City adopted some
guidelines used by the State regazding a ma~cimum lease term of 55 yeazs for investments
of $375,000 or more. The matrix included here as Attachment 3 is what is currently
used.
The consultant recommended a matrix beginning with a minimum 6-year term for
$12,000 investment with one additional year for each additional $12,000 invested, up to a
35-year lease for $360,000. The Administration did not agree with that recommendation
and changed it in the new KMC 21.10.090. Investments of less than $100,000 only get a
5-year lease term. The idea is that less than $100,000 is not really a major investment
and should only get a relatively short-term lease. Investments over $100,000 get 15
years. After that, each additional $25,000 investment adds another yeaz to the (ease term
for a maximum of 35 yeazs. Under the Administration's proposal, a 35-year lease would
require a$600,000 investment rather that $360,000 as suggested by the consultant.
Lease improvements must be completed in two yeazs and the CM may require security
(i.e. performance bonds, deposit, or personal guarantees) to ensure development. A
maximum extension of 12 months is allowed for development.
Lease extensions will be based on the value of new improvements to the premises under
the new code. Lease renewals will be based on the value of the existing improvements to
the premises rather than new improvements (new KMC 21.10.090(b)). The consultant
recommended renewals be based on new improvements. The KEDS group thought that
would penalize existing businesses on the airport, and the Administration agreed with
that position.
Mayor Porter and Councilors
August 10. 2006
Page 6 of 10
j. KMC 2110.100 (Rental rafe determination). This is a major change from ilie current
system, which is 6% of fair market value. The consultants recommended a new system
based on a five-year reserve-wide based appraisal that would determine the fair market
value of property and then apply a"capitalization rate." The "capitalization rate" would
not be fixed by ordinance but would be whatever the appraiser thought was the
appropriate rate when the appraisal was done.
The Administration took a different approach. The new ordinance in KMC 21.10.100(a)
also uses a five-year reserve-wide appraisal. The difference is that the appraiser would
divide the reserve into zones and come to a squaze-foot lease value for each zone. Here's
how it is envisioned to work. A lessee would come in and apply to lease a lot. Staff
would look up the appraisal zone it is in and multiply the squaze-foot rate by the square
feet to be leased and eome up with the annuai rate. The State uses a similar system.
Existing leases would continue under the system in their lease. Any lease applications
filed prior to the first reserve-wide appraisal would be handled on an 8% (up from 6%) of
fair market value approach.
k. KMC 21.10.110 (Reimbursement for City-constructed projects). This is a new provision
that would allow the City to recapture money spent on developing land by adding a
swcharge to the lease rate. The draft ordinance is the same as the consultant
recommended.
l. KMC 21.10.120 (Lease IJtilization). This is based on the old KMC 21.15.020. It
provides that the lease must be used for the purpose in the application and in compliance
with the comprehensive plan. The new version adds that the lease must also comply with
the Airport Master Plan.
m. KMC 21.10.130 (Bidding Procedure). This is based on the existing KMC 21.10.120.
The new section is substantially the same as the old. It allows the City to bid a leased lot,
with the winner to be determined by the person bidding the highest one-time premium to
be paid in addition to the normal rent. It is as recommended by the consultant.
n. KMC 21.10.140 (Lease execution). This is based on the old KMC 21.10.140. It requires
the lease be signed within 30 days. The new section allows a 30-day extension to be
granted. It is as recommended by the consultant.
o. KMC 21.10.150 (Form of Lease). This is new. The existing code has a laundry list of
items to be covered in leases (old KMC 21.15.010-240 and KMC 21.20.010-350).
The consultant recomrnended changing that approach. This ordinance provides that the
City adopt a standard lease form. The lease form wiil be approved by the Council. Any
lease that deviates from the forrn must be authorized by a resolution of the Council. The
new ordinance is as recommended by the consultant.
Mavor Porter and Councilors
August 10, 2006
Page 7 of 10
p. KMC 21.10160 (Re-evaluation of Rent). This is the provision that requires re-evaluation
of lease rates every five years. The old section is KMC 21.10.130. The old section has a
cap on the increase of leases for aeronautical purposes of 50%. The cap was instituted
during the "boom" years when real estate values were climbing rapidly. The general
fund had to pay the airport for any losses due to the cap. The new ordinance eliminates
that cap.
The old ordinance did not have an appeal method if the lessee did not agree with the re-
evaluation of rent. The new ordinance has an appeal mechanism. The lessee would get
an appraisal. The City's appraiser and the lessee's appraiser would meet to see if they
could resolve the dispute. If not, a third appraiser would be hired to choose between the
City's or lessee's valuation estimate. The consultant recommended that rent appeals go
to the Council to resolve instead of the method in the new ordinance.
q. KMC 21.10.170 (Use permits). This is a new section authorizing the CM to issue
special use permits for periods of less than one yeaz without appraisal or competitive
process. There is no provision in the old code about special use permits. This issue was
not covered in the consultanYs recommendation.
r. (KMC 21.10.180 (Acquisition of real property). This is a new section of 1he code
recognizing the City's ability to purchase real property. It states that because of the
unique nature of real property, the City need not purchase land by a competitive process.
An appraisai of the property's value must be presented to the Council prior to any
resolution authorizing a purchase.
3. KMC 21.15 LEASE AND SALE OF AIRPORT LAND OUTSIDG
OF THE AIRPORT RESERVE
This is the chapter dealing with aitport land outside of the Airport Reserve. The consultant did
not send any recommended code revisions to us. The changes were drafred by the
Administration from the consultant's recommendations regarding the Airport Reserve and our
own ideas about needed changes.
a. KMC 21.15.010 (Airport lands outside of the Airport Reserve). This section is similar to
the old sections KMC 22.05.010-020. It refers to the City's ability to manage and
dispose of its airport land outside of the Airport Reserve. It provides that the new chapter
KMC 21.15 will not alter or amend the rights under existing leases and that pending
leases will be processed and awazded under the rules existing at the time of the
application.
b. KMC 21.15.020 (Qualifications of applicants or bidders). This is the same as the new
KMC 21.10:030. The only real change is that the age is changed from 19 to 18.
a KMC 21.15.030 (Applications). This section is the same as the old KMC 21.10.030.
Mayor Porter and Councilors
Aueust l0, 2006
Page 8 of 10
d. KMC 21.15.040 (Filing fee and deposit). This section raises filing fees from $20 to
$100. The deposit is raised from $Z,000 for subdivided properiy or $3,000 for un-
subdivided property to $4,000 (a $2,000 appraisal deposit and a$2,000 engineering,
surveying and consulting deposit). The requirements of the lease application are
unchanged from the old KMC 21.10.010.
e. KMC 21.15.050 (Rights prior to Leasing). This section is the same as the old KMC
21.10.040.
f. KMC 21.15.060 (Processing procedure). This is largely the same as the existing KMC
21.10.060. It eliminated a phrase about the Planning & Zoning considering "other goals
set by the Commission or City Council" in their review of the lease application. That
phrase was eliminated because it was too uncleaz what constituted `bther goals."
g. KMC 21.15.070 (Review). This section is the same as the cunent KMC 21.10.070.
h. KMC 21.15.080 (Appraisal). This section is the same as the old KMC 21.10.090.
i. KMC 21.15.090 (Terms of Lease). This section is the same as the old KMC 2110.080.
j. KMC 21.15.100 (Annual Minimum Rental). This section is based on the current KMC
21.10.100. It eliminates some outdated language about sales tax and assessments.
k. KMC 21.15.110 (Bidding procedure). This section is the same as the old KMC
21.10.120.
l. KMC 21.15.120 (Principles and policy of lease rates). This is based on the old KMC
21.10.130 with two major changes. The lease rate is determined by taking the fair market
value of the property times 8%. The old rate was 6%. The Administration feit 8% better
reflected current leasing practices. This section has also added the same lease rate appeal
provisions as the new KMC 21.10.160.
m. KMC 21.15.130 (Reimbursement far city-constructed improvements). This is a new
section. It is the same as the new KMC 21.10.110. It allows the CiYy to impose a
surchazge to the lease rate to recover some costs of improving the property.
n. KMC 21.15.140 (Lease execution). This section is the same as the current KMC
21.10.040.
o. KMC 21.15.150 (Lease utilization). This is the same as the oid KMC 2115.020.
Mavor Porter and Councilors
August 10, 2006
Page 9 of 10
p. KMC 21.15.160 (Form of lease). This section is new. It is the same as the new KMC
21.10.150. It envisions the City using a Counci- approved lease form with leases enteted
into deviating from the form requiring a resolution from Council.
q. KMC 21.15.170 (Conveyance to encourage new enterprises). This section is based on
the old KMC 22.05.025. That section allowed sale of property without competitive bid
where "encouragement of a new industrial enterprise would be beneficial to the City of
Kenai." The Council sets the Cerms, prices and conditions of sale and conveyance that it
determines are appropriate. The new section adds commercial or non-profit enterprises
to industrial enterprise as qualifying. If the sale is for less than fair market value, the
general fund would have to pay the airport fund for the difference.
An example of how the amended section could be used is a sale of "Millennium Squaze."
For that development the Council may wish to set the price at fair market value and
award the sale to the developer whose plans conform to the City's development goals for
the property rather than merely sell it to the highest bidder. The sale would have
development requirements and a reversion clause and compensation if the development
was not completed.
r. KMC 2115.180 (Sale). This section is similar to the old KMC 22.05.030 except that it
rnakes it clearer that the sale of land "rests in the sole discretion of the city."
s. KNIC 21.15.190 (Sale Procedure). This section is based on the old KMC 21.15.040. The
major change is that a lessee will not automatically get the right to purchase leased
property for fair market value once the developments are completed. He/she may apply
to purchase, but the City has "sole discretion" in determining whether to sell the property.
That is a major change in City land policy.
t. KMC 21.15.200 (Terms for financing of City lands). This is the same as the old section
KMC 22.05.045.
u. KMC 21.15.210 (Determination as to need for public use). This section is the same as
the old section KNIC 22.05.050 with one exception. The reference to tax foreclosed
pazcels was removed to reflect that the City will simply follow state law regarding the tax
foreclosure process.
v. KMC 21.15.220 (Property exchanges). This is the same as the old section KMC
22.05.070.
w. KMC 21.15.230 (Properry sale to adjacent owners). "I`his is the same as the old section
KMC 22.05.070.
x. KMC 21.15.240 (Grant or devotion). This section is based on the old KMC 22.05.080. It
allows conveyance of property upon terms and conditions set by the City (including
Mayor Porter and Councilors
August 1Q2006
Pa2e (0 of 10
price) to federal, state or local government or non-profit entities without a competitive
process if iY is advantageous Co the City. If the conveyance is for less Chan fair mazket
value, the general fund must make up the difference to the airport fund.
y. KMC 2L 15.250 (Use permits). This is a new section and is the same as the new KMC
21.10.170. It allows the City Manager to issue special use permits for up to one year
_ without a competitive process or appraisal.
z. KMC 2115.260 (Acquisition of Real Property). This is the same as the new section
KMC 21.10.180. It recognizes the City's ability to purchase real property. Given the
unique nature of land, a competiYive process is not required; but an appraisal musf be
given to the Council prior to fhe resolution authorizing the purchase.
Please let me know if you have questions.
CRGlsp
Attachments
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Attachment 1
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KMC 21.05.020
AIRPORT RESERVE BOUNDARY MAP
APPENDIX 1
-------.
~
;~
Fair Market Value,
Purchase Price, or
Investment of at
Leas4 the Following
7,500.00
15,000.00
22,500.D0
30,Q00.00
37,500.00
45,000.00
52,500.00
60,000.00
67,500.00
75,OOO.dO
82,500.00
90,000.00
97,500.00
105,000.00
112,500.D0
120,000.00
127,500.00
135,000.00
142,500.00
150,000.00
157,500.00
165,000.00
172,500.00
180,000.00
187,50~.00
195,000.00
202,500.00
210,000.00
217,500.00
225,000.00
232,500.00
240,000.00
247,500.00
255,000.00 '
262,500.00 '
270,000.00 I,
277,500.00
285,000.00
292,5~0.00
300,000.00
307,500.00
3t5,000.00
322,500.00
330,0OO.OD
337,500.00
345,000.00
352,500.00
360,000.00
367,500.00
375,000.00
Terms of
Years
5
6
7
8
9
10
11
12
13
74
15
16
17
18
79
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
47
42
43
44
45
46
47
48
49
50
51
52
53
54
55
Attachment 3
Kenai Municipai Airport
Supplemental Planning Assessment
Phase il
Recommended Changes to the
Kenai Municipal Code
(February 13, 2006)
Consultant's Note: ln this set of recommended KMC changes, additions and deletions
are presented in MS Word Track Changes format, with deletions from existing code fext
shown in crossed-out text (sressec~ef+d) and new wording shown in underiined text
(underlined). Code text that appears in black font is wording drawn from the existrng
code.
Per a November 2005 verbat agreement with City Attorney Cary Graves, in some cases
where 1'm recommending a major departure from the exrsting code, I have presented an
outline of the essential e/ements, leaving the draftrng of the actual code wording to Mr.
Graves.
Where the purpose of a change or new provision may not be immediately apparent, 1
have inserted explanations in Italics.
This document proposes that a separate Titl2 be adopted to apply exclusrvely fo the
land and facilities within the Airport Reserve. Since the number of fhe new Titie wasn't
known at the time this documenf was prepared, the new Tifle is referred to as Title XX.
Stephen L. Pavish
Northern Horizon Co.
February 13, 2006
Title 21 CITY AIRPORT AND AIRPORT LANDS
Chapter 21.05 AIRPORT ADMINISTRATION AND OPERATION.
Repeal the entire chapter. (21.05.030 - 050 will be covered rn Title XX. 1
understand that 21.05.010 & 020 have not been enforced, as written, for some time and
should be repealed. A provision requiring City approval prior to lessee construction of
improvements is included in Chapter XX.15.)
Chapter 21.10 LEASING OF AIRPORT LANDS
Add a new secfion 21.10.005:
21.10.005 Chapfer not aRplicable to Hirport Reserve. ~
Nothinca in tnis Chapt~r 21.10 shall apbly fo anv Citv-owned land within the
Airoort Reserve. as defined under Chapter XX.05.
Chapter 21.15 PROVISIONS REQUIRED
Add a new section 29.15.005:
21.15.005 Chapter not appiicabie to Airport Reserve.
Nothinq in this Chapter 21.15 shail a~piy to anv Citv-cwned land within the
Airport Reserve as defined under Chaqter XX.05.
Chapter 21.20 POLICY GOVERNING MODIFICATIONS OF EXISTING LEASES
Add a new section 21.20.005:
21.20.005 Chapter nat applicable to Airport Reserve.
Nothinq in this Chapter 21.20 shall ap~ly to anY City-owned land within the
Airport Reserve as defined under Chapter XX.05.
Chapter 21.25 AIRPORT COMMISSION
Repeai entire chaotec (The Airport Commrssion is addressed in XX.20.)
Chapter 22.05 DISPOSITION OF CITY LANDS.
Add a new section 22.05.005:
22.05.005 Chapter not appiicabis to Airport Reserve.
Nothing in this Chaqter 22.05 shail applv to anv City-owned land within the
Airport Reserve as defined under Ghapter XX.QS.
(The above amendments to Chapters 21.10, 29.15, 21.20, 29.25, & 22.05 are
proposed as a quick way for the City to implement Title XX tor facilities and land
inside fhe Airport Reserve, whi(e allowing all the exisfing land leasing and sa/e
2
ordinances to remarn in force (as to airport land outside the Airport Reserve).
Later, if the City desired to adopt some of the features of Title XX for use in
connection with airport tand outsrde the Reserve, appropriate amendments to the
above chapters could be adopted.)
Title XX
KENAI MUNICIPAL AIRPORT AND TNE AIRPORT RESERVE
Chapters:
XX.05 Airport Administration and Operation
XX.10 ~easinq of Airport Lands
XX.15 Form and Contlitions of Lease
XX.20 Airqort Commission
Chapter XX.05
AIRPORT ADMINISTRATION AND OPERATION
Sections:
XX.05.010
XX.05.015
XX.05.020
XX.05.025
XX.05.030
XX.05.040
XX.05.050
XX.05.060
XX.05.07Q
Airqort Reserve.
Airport Reserve boundary map.
Aqplicability of Title XX.
Definitions.
Requlation of the Airport.
Use or occupancv of the Airport Reserve
Parkinq automobiles and aircraft.
Environmental reauirements.
Penalties.
XX.05.010 Airport Reserve.
(a) There is established an Airport Reserve for the development, exqansion,
maintenance, operation, protection, and qerpetuation of the Kenai Municipal
Airport. The boundaries of the Airport Reserve are established as shown on the
map codified as XX.05.015.
(b) No Citv-owned land within the Airport Reserve shall be sold or otherwise
conveyed out of Citv ownership for anv purpose, except as provided in a lease
executed bv the Citv before the effective date of this section.
XX.Q5.015 Airport Reserve Boundary Map. (The map depicting the Airport Reserve
boundaries would be referenced here.)
3
XX.05.020 ApplicabilitV of Titie XX.
This Title XX appiies to all facilities af the Airoort and ali Citv-owned land within the
Airqart Reserve.
XX.05.025 Definitions.
Unless the context reauires otherwise, the followinq words or phrases have the
meaninq qiven below when used in this Titie XX.
(a) "Airport" means ail the facilities and land of the Kenai Municipal Airport within
the Airport Reserve.
jb) "Airoort Manaqer" means the official to whom the Cit Manaqer has delegated
the authoritv and respo~sibilitv of manaqinq and direcfinq the activities of the
Airport. "Airport Manaqer" indudes that person's authorized reoresentative.
(c) "Airport Reserve" means the Citv-owned Iand reserved from sale and
desiqnated under XX.05.010 and XX.05.015.
(d) "Citv Manaqer' means the officiai to wham the Citv Council has delepated the
responsibilitV of manaqinq and directina ai~ activities of the Citv. "City Manaqer"
includes those qersons to whom the Manaqer has deleqated responsibilitv to
perform functions under this Title XX.
XX~1-.05.030 Regulation of airport.
The City Manager may regulate the manner in which the AirportKe{~ai-~+~c#
sempati~le+~e+a-aulat~a~-fasil+~ies-a~e is operated with reference to t#e-safety,
accommodation, user fees, and service to the public.
aaEk~er+~yy-~The City Manager is authorized to adopt, amend, and
repeai such ruies and regulations as may be necessary to carry out the duties under
this grant. Regulations promulgated under authority of this section are effective on the
date desiqnated bv the Citv Manager
. The City Council may
by resolution at any meeting revise or repeal any regulation adopted aad-ap~~red
under authority of this section. In this connection, the rules and regulations adopted
prior to the enactment of this section are hereby
ratified, approved, and continued in full force and effect untii further amended or
repealed by subsequent action of the C1ty Manager-iaac-ea~c.e-wit# ~~ese~tabis
nd-regt~latior~s.
The deleted portion of the fhird sentence is unctear and unnecessary. As
21.05.030 is written in fhe existing KMC, regulafions adopted by the City
Manager are "effective" (which normally would be understood to mean
4
"enforceable') on the date the Manager indicates. However, "af the next meeting
iotiowing their effecfive dafe" the regulations "are subject to approval by the City
Council". This suggests that the regulations are nof actually enforceab(e
("effective') until they are approved by the Council. Furfhermore, the specific
reference to fhe `next meeting" raises the question of whether the regulations are
enforceable or are voided if fhe Council fails to take action on the regulations at
the "next meeting". To elrminate this internal conflict in the sentence, I
recommend deleting fhe reference to City Council approval. The fourth sentence
allows the Council to amend or repeat a regulation at any time, so no Manager-
_ adopted regulation would be beyond the Council's power to amend or repeal,
whether at the "next meefing" or anytime.
Regarding the deleted portion of the last sentence, what are "acceptable
procedures"? "Acceptable" to whom? If the City nas a regulation adoptron
process, if should be specifically cited here. !f the City doesn't have a procedure,
it is best to delete the last portion of the sentence, as recommended, or add a
regulation adoption procedure to 030.
XX 05 040 Use or Occupancv of the Airport Reserve.
No person mav use or occupV Citv-owned land ar faciiities within the Airport Reserve for
anv purpose uniess,
(a) the portion of the land or facilitv beinq used or occupied is desianated bv the Citv for
a public qurpose and the person's use or occupancy conforms to the public purqase•
(b) the person first obtains a lease. permit concession or other written permission from
the City autharizinq the use or occupancv; or
jc) the qerson is on a premises with the exoress or imnlied consent of the lessee.
permittee. or concessionaire.
XX~1-.05.050 Parking automobiles and aircraft.
It shall be unlawful for aar~ person to park an aircraft or ar~y-automobile-e~
a+~a#E on the Airport in any location or in any mannera~ea contrary to a requlation
adopted under XX.05.03d or a rule or order issued bV the Airport Manaqer pursuant Yo
a requlation adopted under XX.05.030.
1a~ieas-~eF-the~or~#el-e€-E}ret~ad-tra#f+s-as-esEa~l+sl~ed-~Y-khe-f~l~e~
Ma~ager-0r-h;~-~°~;gfla4e~-rapFesen#at+ve: The~aid Airport Manager, includinq-e~ the
manaqer'sk~is designated representative~ shall be vested with full police powers under
the authority of thet~+s Ciry to enforceen~erse the provisions of this section. (KC 17-34;
Ord. 531)
(The following environmental section was adapted from 17AAC 45.045)
XX.Q5.060 Environmentai requirements.
(a} A oerson usinq the Airport shall comolv with ail applicabie environmental laws.
1b) A lessee permittee, or concessionaire +reho is required under anv environmental law
fo submit a report or other document about a violation or potential violation of an
~nvironmental law to a requlatory aqencV shall provide a copv of the document to the
Citv Manaqer. ~lnv qerson who receives a permit from an environmentai requlatorv
aqencv in connection with the person's use of the Airqort shaii. within ten (1 Q) davs of
receiqt of the permit. provide a copy of the permit to the CitV Manager.
~c A lessee, permittee. or concessionaire shall provide to the CitV Manaqer a copy of
11} anv notice of violation or other nofice, cfaim, or citation alleqinq a violation of
an environmental law affectina Airport propertv that a requfatorv aqency issues to
or files aqainst that lessee. permittee. ar concessionaire: and
(2) anv complaint filed in a court that alleqes violation bv the lessee permittee or
concessionaire of an environmental law affectinq Airport propertV.
(d) The Citv Manaqer shali require a person responsibie for the contamination of Airport
properiv to remediate and retum contaminated Airport propertv to an environmentaliv
acceptable condition to the satisfaction of anv requlatorv aqency havinq iurisdiction.
However, anv requlatorv aqencv approvai of a proposed remediation plan that limits the
future use of Airport property is subiect to aqproval bv the Citv Manaqer before the
responsible person mav beqin remediation activities on the Airqort. A person
remediatinq contaminated Airport propertv mav not unreasonabiv interfere with
(1) a lessee's use of, or access to, the lessee's premises, unless
(A) the contamination is a direct result of tne lessee's operations• or
(B) the lessee firsf expressly consents: or
(21 the operatia~ or development of the Airport uniess the Citv Mana eq r first
expressly consents.
te} If the CitV Manaqer has cause to believe a premises or ather property on the Airport
mav have been contaminated, the Manaqer mav cause to be performed an
environmental assessment on the premises or propertv to establish the presence and
source of anv cantaminatian and to describe the environmentai candition of the
premises or propertV. While qerforminq the assessment, the City wiil not unreasonablv
interfere with a lessee's use of. or access to, the lessee's premises unless the lessee
6
~irst e,c~aressiv consents. i'~~e Citv ~tsi8 assur~e i~e cost of th~ assessment ot ~ aremises
~ or pro~erty if contaminatian is not found on ?he premises or nrooertv. If contaminafion is
found on the oremises or prooertv. the perscn responsibie for the contamination shali.
~ upon notice from fhe Citv Manaaer.
{1) reimburse the Gitv for the cosf of tr~e ~ssessment: ~nd
~2) clean up the contamination.
~ For purposes of this section XX.05.060. interterence with
(1) a lessee's use of or access to, tre Iessee's oremises is unreasonable if the
interFerence
{A) poses a safety hazard or a substantial disrupfion of Yhe lessee's use
of, or access to, the Iessee's premises; ar
~g} can be avoided without materiallv increasing the cost or materiaiiV
decreasinq the effectiveness of the effort to achieve remediation
satisfactorv to all aqencies havinq iurisdiction, or a reasonabie
environmental assessment, as applicable:
(2} the operation or development of the Airport is unreasonable if the
interference poses a safetv hazard or a material tlisruption of the operation or
develoqment of the Airport.
(q} For the purposes af this chapter XX 05 the foltowinq terms are defined as foliows
{1) "Contamination" - the unpermitted oresance of any reieased Hazardous
Substance.
(2) "Environmental Assessment' -~n assessment of oropertv. preqared in a
manner consistent with qenerallv accepted professional practices. tnat is
supported bv reports and tests that determine the environmental condition of
propertv and the presence. tvpe, concentration. and extent of a Hazardous
Substance in on, and under the surface of the propertv.
(31 "Environmental Law" - anV applicable federal, state. or local statute, law,
requlation ardinance code, permit. order, decision. iudpment of anv
governmentai entitv reiatinq to environmental matters. inctudinq litterinq and
dumpinq.
(4) "Hazardous Substance° - anv substance that is defined under an
Environmental ~aw as hazardous waste Hazardous Substance, hazardous
material toxic pollutant contaminant, petroleum, petroleum product, or oii.
7
(5) °Materiailv Contributed To" - ta c~use the reiease or miqrafion of a Hazardous
Substance in a reportabie auantitv as derined under aopiicable Environmental
Law.
(61 "Responsible" when used in rec~ard to environmentai cantamination. means
havinq materially contributed to. assumed under an assiqnment or being
othenr,~ise liable for by Iaw or contract.
X~C21-.05.070 Penalties.
Violations of this chapter shall be punished as provided for violations in KMC
13.05.010. (Ords. 263, 531, 697, 874, 1240)
Chaqter XX.10
LEASING OF AIRPORT RESERVE LANdS
Sections:
XX.10.010 Lands avaiiable for Ieasinq.
XX.10.020 Qualifications af appiicants or bidders.
XX.10.030 Applications.
XX.10.035 Filinq fee and deposit.
XX.10.040 No riqht of occupancv: Appiication expiration.
XX.10.060 Processinq procedure.
XX.10.07Q Lease amendment or renewaf.
XX.10.080 Lenqth of lease term.
XX.10.090 Rental rate determination.
XX.10.100 Reimbursement for City-canstructed improvements.
XX.10.11Q Additionai rent.
XX.10.120 Biddinq procedure.
XX.10.130 Lease execution.
XX.10.010 Lands available for leasinq.
(a} Subiect to the qrovisions of this chapter, City-owned land within the Airport Reserve
may be leased as provided in this chapter unless the land is identified in the Iatest
Federal Aviation Administratian-approved Airport Lavout Plan for the Airport or in the
latest Airport Land Use Plan as beinq required for the ooeration or safety of the Airport
or for the construction, preservation. future construction, or future expansion of facilities
on the Airport, inciudinq
(1) runwavs, runwav safetv areas, taxiways, aprons water lanes, water taxiwavs
and other aircraft operational areas:
12} aecess roads ~ublic streets. ~arkina ~cts. and other 'raciiitias for use bv motar
vehicles: and
~ (3) public ~erminal buildinas.
~ NotwithsCanding (a) of this section
(1) apron space maV be leased but onlv for aircraft fueiinq. Ioadinq unloadinq
parking and maneuverinq purposes and
(2) land required for the future construction or future expansion of airqort facilities
{A~ maV be leased for an interim period not extendinq bevond the date on
which the CitV Manaqer determines the Iand will be required for the
constructian or expansion: but
(g} may not be leased if the Gitv Manaqer determines thaf c~rantinq the
lease would interfere with. ~r ieopardize, the sate oneratian of the Airport.
XX~1-.10.020 Qualifications of appiicants or bidders.
An applicant or bidder for a lease is qualified if the appiicant or bidder:
(a) is an individual at least nineteen (19) years of age-o~-e~er;-o~
(b) Is a group, association, or corporation which is authorized to conduct business
under the laws of Alaska; or
(c) Is acting as an agent for another and has qualified by filing with the City Manager
a proper power of attorney or a letter of authorization creating such agency. The agent
shall represent only (1) one principal to the exciusion of himself. The term "agenF'
inciudes real estate brokers and agents.
(Ords. 258, 400, 531, 1878-2000)
XX~.10.030 Applications.
(a) All applications for lease of lands shall be submitted tofi4e~-w+~k~ the City Manager
on forms provided by the City Manaqer. toqether with the non-refundable fiiing fee and
anv applicable deposit required under XX 10 035 .
. The Citv Manaqer shall
not accept anPle application that the Manaqer determines to be incomplete. Uqon
receipt of a complete application, filinp fee. and anv applicable deqosit, the CitV
Manaaer shall cause the applicatian to be stamped with the date and time of its receipt.
~-~CtC--1"-{~~~~~F~ Fno~~e# rn~hrl~~
(b)
With every application, the applicant shall submit
(1) a development pian, showing and stating:
(A) The purpose of the proposed lease;
(B) The use, t~al~e-a~d-nature. r~roposed lacation on the raremises and
estimated cost of improvements to be constructed;
(C) The type of construction;
(D) The anticipated construction be inninq and completion
datesse+~sErt~ef+~-~;a~ed-to~a+nfnen~.~ "° ...,.•,^~~;~~' ~ ~ .
. N. u ~„ ~u~R
ef }~^~^ ~~-~ and
(E) Whether the intended use and proposed development conforms
sea~l+es-with the
~zoning ordinance af the Citv'ar~
ii comprehensive plan of the City_
(iii} latest Federal Aviation Administration-approved Airport Lavout
Pian for the Airport; and
(iv) the latest Airport Land Use Plan.
2) an explanation of_how_the~plicant.intends to finance the construction of the
(The reason for requiring a business plan is twofold: (1)it gives the Cify some
clue as to the pofenfial viability of the lessee's lease proposal; and (2) it forces an
applicant to think about his plans more thoroughly before applying. Both (1) &(2)
proposed improvements. If the applicant plans to borrow funds. the applica~t
must include a letter from a bank or other lendinq institutian expressinq interest in
providina financinq for the improvements:
(3) a business plan. if the applicant proposes to operate a business on the
proposed premises. The plan must include
~A) a comprehensive description of the proposed business:
(B) the number of people the applicant exoects to emolov in the business
durinq its first ful( year of operafion;
(C) the number of customers the applicant expects business to serve
durinq its first full vear of operation;
(D) the appiicanYs source of operatinq capital. If the applicant plans to
borrow funds. include a letter from a bank or other lendinq institution
expressinq interest in providinq operatina capital: and
tE1 the applicanYs estimate of the qross receipts of the business durinq its
first vear of fuil operation: and
10
may save fhe C+ty from signing a/ease wifh someone who wil( de{aulf atfer
making a mess of the premises.)
(4) a site plan. ir the land the a~plicant desires ta lease is not a platted lat or tract
The sit~ pian must snaw the locatian and dimensions of the proposeti lease site
but need not be prepared bv an enaineer or su~vevor.
(c) Anyfime durina the processinq of a fease ~ppiication. fhe Citv Manager mav reauesi
and the appiicant shail supqlv. anv ciarificauon or additional information that the Citv
f~anaqer reasonabiy determines is necessUrv for the Citv to make a~inal decision on
fhe application. ~
Appiiea#+er~s-s~ia~l-beeo~e a-par~-e~the-aeas~ tThere mav be elements of the
aAplicanf's proposal that the City does not autnorize in fhe (ease. ln such a case.
having an ordinance thaf makes the applicafion "a part of the lease' could create
confcasron or conflict in the /ease, to the Citv's detriment rn fitiqation.
YX~1-.10.035 Filing fee and deposit.
(a) When submittinq an appiication for lease of fand, the applicant shall
1 a aA filing fee in the amount of fi~#~er~#~ doilars (S50.d0~-i9:98)•~ and-sk~all
(I doubf if $20 even recovers the City's cost of setfing up a file for the
application. The state has been charging a$50 application fee for about
four years and is currently in the process of raising it to $100. I
recommend the City's filing fee be increased to at least $50.00.)
~make a deposit to show good faith and secure the City in payment of any
costs in the foilowing amounts:
j~ An appraisai cost recoverV deposit of ~' *~^ ^~^^^~+~ ~^ ^~++ ~
I~ ri h.+ -+IronAii hn hrJ'v'rlnrl +hci n + f th f! '+ 'll w~~0
~.,,,.... ,.w......_~_~ __.. ____...__ , .._ ........... .. ~ .,r.,..~...,
thousand doilars ($2,000.00), and.-
(B} An engineerinq, leaai, and administrative cost recoverv deposit of one
thousa~d dollars j$1,000.00){".".^ ^•^^~~*„ ~~ ^N++ h_! M_,~ ",. ,.,,+,
-~._~_._~ ..~......
~{~'-51.{~~~ti/~~~~-~~~nn Y~4.°--..arrtd~~~~-e€ t~e~-~~v ~: ~.".~II ~~ thra.n_. :~......un'~.
della~s-( ~3 j888-98~.
(These redrafted deposit provisions will work under the existing
platting / appraisal system, as well as under the plafting exemption /
airport-wide appraisal system proposed by the DOWL team.
11
Under the DOWL recommendation, there would not be individual lot
appraisals for which the City could seek reimbursement. Therefore, the
City would need to establrsh a reasonable portion of the airport-wide
appraisal costs to allocate to a new lease. A frxed allocation based on the
square foofage of the land being leased would be a fair method.
Although there would be no platting costs involved under the DOWL
recommendation, the City would have some engineering expense in
~ preparing a metes & bounds description and / or a lease exhibit d~awing.)
~(s~ If the City decides to reiect the applicanYs appiication and notr^~o enter into
a lease with the appiicant#r~~,,.:~~;~~~e+-#y-te-El~e-a~pi+sent- through no fault of the
applicant or failure of the appiicant to comply with anv requirement of this chapter
~ deposit made
under (a) of this section .035 will be returned to the applicant.
~ if the Citv enters into a lease with the applicant car~l+es--w~#-all-e#-E#~e-re~t~+;ti„-,~r,~
i~.,r~ +„ +h~ ~-,,,,~ +ti~., +ti„ a~deposit made bv the applicant under (a) of this section
035 will be applied to the City's sests-a~enqineering,surue~ appraisal, leqat, and
administrative costsa~y~elate~reuiews related to the processinQ of the applicanYs
application and enterinq into the lease. ~ uv+t#~The Citv will appiv anv unused
balance of a^~s~~ deposit-a~rylied to the rent pavable under the lease. If the Cit ~'}_s
costs exceed the amount af any deposit. a+~d-an~~rta~e-~ille~-ta-the applicant shali
pay the shortaqe to the Citv as a condition of the lease.
(The real test for the above provision is that the City and the applicant execufe
tease. ( assume the City would not grant a lease to an applicant who failed to
comply with applrcable law or a Planning Commission directive, so there's no
need to reference those other issues.)
(dZlf the applicant faiis~e#~es to comply with any requirements of this chapter,~kie
+r~g~s+~m+ssiefl-a~~-ef~-ief causes inordinate
delay, as determined bv the Citv Manacter, or e' ;~,=,•„~~refuses to sign a lease offered
to the applicant~^^~ ~^ °~^~~^ +„ «~,~ ., ..,,.+<< +ho.,y the Citv Manaqer will reiect the
applicanYs application and apqiv anv deposit made by the applicant under (a} of this
section to the Citv's administrative appraisal, en~_eering, and leqal costs incurred in
connection with the applicanYs application
(Ords. 689, 1290-88, 1802-98}
to the appiicant.
XX~1-.10.040 No riqht af occupancy; ' Application expiration.
12
ta1 Submittina Tkae-~+4iag-a€ an application for a lease doess+za~l not give the
applicant ar~a right to lease or Eo-Nie-use of-the land requested in the appiicationfo~
(b) if the Cifv does not reject the apqlication, an~Fie application shall expire on
the earlier of the followinq
~ one-hundred-eiqhtv (180) davs ar2er the date stamped on fhe
~eea-~ad~ if a-kea~-~s-;;o~ee+~-sp~.~r~e~~,Tthe City and the
appiicant have not, by that time entered into a lease: or-~~cn ~~+n~ .,rn ~ h~,,,,+
a~lied~e~
(2? the deadline date established under XX.10.130, inciudinq anv
extension of time qranted thereunder:
(The above changes make it clear, in one subsection, that the application will
expire before the 180-day period ends if the City has issued a/ease and the
applicant fails to sign and return it. ln the existing KMC, this is inferred, buf not
made unmistakably clear, by a combined reading of 21. f 0.040 and 21.10.140.)
XX~.10.060 Applicetion Rgrocessing procedure.
(Given the iacts that.
1. Title XX will only apply to Airport Reserve tands;
2. Reserve Iands will never be sold; and
3. Reserve lands will only be /eased for avration and airport-related purposes in
accordance with the airport land use plan, and certain limited interim uses;
there is no reason why ati applications should have to be run through a P& Z
Commission reviewprocess. The fong-term function ofAirport Reserve lands will be to
support aviation and the airport, yet the P& Z brings no aviation or airport expertise to
the leasing process. About the only thing the existing system of P& Z review would do
forAirport Reserve lease applications is delay their processing. As an altemative fo fhe
existing P& Z review system, l recommend the City use a completely different
application processing procedure, structured around the City Manager, the City's
administrative staff, and the Airport Commission.
Here is an outline of the application process I recommend:
1. Initial Application Review bV:
(a) Assistant to the City Manager tfor application completeness; conformance
with Title XX);
13
(b} Airport Manaqer (for conformance ~lvith the Airport Lavout Pian. FAA
requlations. AIP qrant assurances, and airport operations: and
(c) Planninq & Zoninc~ Administrator (Ms. Kebschuil's oosifion} (for conformance
wiih the Airport Land Use Plan. municiaal zonina, and future airport improvement
ro'ects .
2. The above staff would present to the Citv Manaqer their ioint recommendation for
a~tion on the appiicatio~ (Reiectian, Approval. or Approval of a staff alternative~
3. if the Citv Manaqer concurs with the stafF recommendation. the Manaqer will:
(a} issue a rejection letter, statinq the reasons for rejection; or
(b) refer the application to the Airport Commission for review and comment
toqether with the Manaaers recommendation for Approva! or Anqroval of the
staff alternative: and
(c} inform the CitV Councii of the Manaqers recommendatian ta the Airpart
Commission.
4. The Citv Manaqer wili consider the recommendations of the Airport Commission and
L) Issue a reiection letter, statinq the reasons for reiection or
jb} Approve the apptication or staff alternative, and direct the staff to issue the
lease: and
(c) Inform the Citv Council of the Manaqer's decision to approve or reiect the
application: or
(d) Obtain the City Councii's concurrence if the Manager's decisian to approve or
reiect the applicatian is contrary to the recommendations of the Airport
Commission.
5. An applicant whose application is reiected bv the Citv Manaqer may appeal to the
Citv Council within ten (10} davs followinq the date on which the Manager's reiection
letter was hand delivered or placed in the U.S. mail.
6. If another complete and otherwise approvabie application for lease of the same
propertv is submitted bv a different apqlicant before the Citv Manaqer enters into a
lease with the first applicant, the Citv Manaqer will farward the aqpiications and the
Manaqer's recommendations to the Citv Council for approvai of the application
anticipated to best serve the interests of the City. The Council may apqrove one of the
applications or direct the Citv Manager ta award a lease of the propertv bv sealed bid.
14
7. Grounds for the Citv Manaqer to reiecC an aoplication include.
(A) the appiicant s failure to provide arn/ darifiication or information required
under this chapter:
(B) the appiicant's proposed development or use of the land is inconsistent with
{i} the zoninq ordinance of the City~
ii the comprehensive pian of the City:
(iii) the latest Federal Aviatian Administration-approved Airport ~avout
Plan for the Airport:
(iv) anV obliqation of the City under the Airport Sponsor Grant Assurances
to the Federai Aviation Administration:
(v) the latest Airport Land Use Pian; or
(vi} a requlation of the Federal Aviation Administration applicable to the
Airport•
(C) the appiicanYs proposed development or use of the land wouid violate a
federai state, or Iocai law, includinq an ordinance or regulation of the Citv:
D) the aoolicant's failure to reasonabiv demonstrate the financial viabilitv of the
applicant's proposed development or of the business the applicant proposes to
operate;
(E) the applicant is in defauit of any charqes, fees, rents. taxes. or other sums
due and paVable to the City;
(F) the aqplicant is in default of a reauirement of anv lease or contract with the
Citv;
(G) the aqpiication is reiected bv the Citv Council in favor of anather application
for the same land under paraqraph #6 above; and
(H) the CifV Council decides, under #6 above, to reiect al( applications and award
a lease of the land bv sealed bid.
(Consultant's Note: The procedures outlined above would setdom require the
City CounciPs involvement in application approval/rejection decisions.
Applications for fand inside the Airporf Reserve would have to conform to the
Airport Layout Plan, Airport Land Use Plan, FAA regulations, AIP granf
assurance requirements, and other relatively narrow airport-related requirements.
Therefore, a City Manager's decision, backed wifh a review by the adminisfrative
sfaff and the Airport Commission should be su~cient for the vast majority of
applications. There is no real need to require the Council's approval of every
15
/ease appticafion when the app/icable airport requirements will determine the
outcome for most of them.)
i
XX.10.070 Lease Amendment or Renewal.
(Applications frona existing tenants for lease amendments, term extensions, and
renewals would be run Ehrough the same process outlined in (1) through (6)
above.)
7S?C.10.080 Lenqth of Lease Term.
(Note: The following section is based on the lease term guideline
recommendations (dated August 4, 2005) i presented at a City Council /Airport
Commission work session in August 2005.)
(a) The lenqth of term for a lease or lease extension granted for land within the Airport
Reserve will be based on the amount of investment the applicant praposes to make in
the construction of new permanent improvements on the premises durina the first 24
months following the beainninq date of the lease or lease extension.
(b) ff the appiicant proposes to make no investment in new qermanent improvements on
the premises or proposes to invest Iess than ~12.000, the maximum term of a new
lease or a renewal of an expirinq lease shall be five (5) vears.
(Provision (b) above reasonably accommodates non-investor or minimal-investor
app/icants.)
(c) If the applicant proposes to invest $12,d00 or more in new permanent improvements
on the premises,
(1 } the maximum term of a new lease or a renewal of an expirinq lease shall be
determined accordinq to the following tabie:
ApplicanYs Investment
(in U.S. Dollars) Maximum
is at Least Term of Years
12.D00 6
24 000 7
36 000 8
48 dOQ 9
60.000 10
72 000 11
84 000 12
96 000 13
108 Od0 14
16
120.000 15
132 000 16
144 000 17
156.000 18
168 000 19
180.d00 20
192.000 21
204 Q00 22
216.000 23
228.000 24
240.000 25
252.000 26
264 000 27
276.000 28
288.000 29
300,000 30
312.000 31
324.000 32
336.000 33
348.000 34
360 000 35
an e
tRl anv resultinq fraction of a vear shall be rounded up to the nearest one-
guarter ('/al vear, and
(B1 the total of the remaininq Iease term and the extension shail not
exceed 35 vears.
~Note the definifions of "existing lease" and "expiring lease"in subsection (i)
below.
The distinction between (c)(1) &(c)(2) above rs necessary because the term
table begins at 6 years (giving 5"free"years to lessees who make substantial
investments, just as is provided to non-investor lessees under (b) above). If fhe
table was used for granting mid-term lease extensions, fhe tessee would gain 5
"free" years with every extension and create a disunity among lessees who make
the same total investment. For example, compare the results of applying fhe
table to two applicants who invest the same total amount of money, but at
different times.
Lessee X invesfs $300, 000 in improvements at the beginning of his /ease and is
granted a total lease term of 30 years, according to the fab/e.
17
Lessee Y makes an initial investment of $100,000 at the beginning of his /ease
and is granted a term of 13 years (from the table). Six years lafer, "Y" invests
another$100,000 and obtains an extension (from the table) of 13 more years.
7'hree years after that, "Y" invests another $>OQ 000 and o6tains a furfher
extension (from the table) of 13 years. `X" and "Y" both invested a tota/ o{
$300, 000, but "Y" o6tained a tofal term of 39 years, while `X" received only 30
years.
This problem is avoided by (c)(9) &(c)(2), above, under which the City would
_ grant an inifial lease term to "X" under (c)(9) (from the table, $300, 000 = 30
years). For "Y'; the City would grant
A. an inrtial term under (c)(?) (from the table, $100,000 = 13 years); and
B. the two term extensions under (c)(2) at one year per $92,000 (two
investments of $100,000 each: $100,000 = 12,000 = 8.34 years, rounded
up to 8.5 years; 8.5 years x 2= 17 years); thus
C. resulting in a total term of 30 years.
In the above exampte, `X" and "Y" ended up with identical term totals. However,
the combined affects of the rounding required by (c)(2)(A) and the various ways
$200, 000 could be divided into different investments for the two extensions, the
total term granted to "Y" could be slightly more or less than the 30-year total
granted to `X" Nevertheless, the equivalency of (c)(1) &(c)(2) is sufficient to
satisfy the AIP grant assurance requirements for reasonable uniformity. j
(d1 In the lease or lease extension qranted to the apqlicant the Citv Manaaer will
include a provision reauirinq the applicant to complete the proposed permanent
improvements within a reasonable aeriod of time considerinq the cost and nature of the
improvements. Provided however, that the time allowed shall nat exceed 24 months
after the effective date of the lease or Iease extension.
~e) The City Manaqer will inciude a provision in a lease or lease extension requirinq fhe
lessee to provide a performance bond deposit personal quarantee or other securitv if
the Manaqer determines securitv is necessarv or prudent to ensure the aqplicanYs
completion of the qermanent improvements within the time qeriod set under (d of this
section. The Citv Manaqer wiil determine the form and amount of the security accordinq
to the best interest of the Citv considerinq the nature and scope of the proqosed
impravements and the financiai responsibility of the applicant
{f1 The applicant shall, within 30 davs after comqletion of the Rermanent improvements
submit to the Citv Manaqer written documentation that the improvements have been
completed as required under (d) of this section.
18
~) If ~he a~~iicant shows c~ood eause to tY~e ~;iiv Man~aer. anci the t~lanaaer determines
tne action is nof inconsisient Uvith the Citv's hest inferest, the Manaaer will qrant an
~ extension that is sufficient fo allow for Yhe comoietion of the oermanent improvements or
~ar submissian of documeniation fnat the permanenC improvements have been
com~letetl under this section. ~!o extension or combination of extensions qranted under
this subsection (a} will exceed 12 months.
ih) i,. within the fime reeuired under td) of this sectian. inciudinq anv extension qranted
under +q) of this secCion. Yhe afapiicant faiis fo compiete the required permanent
imorovements, the Citv Manaqer wiii
(1) execute the forfeiture of the performance bond, deposit. personal cauarantee
or other securitv posted bv the appiicant under (e) of this section to the extent
necessary to reimburse the Citv for alI costs and damages. inctudinq administrative and
leaal costs. arisina from the applicanYs failure to com~iete tne reouired improvements.
and
(2~ take one of the followina actions. as aoplicable,
{A) if fhe Manaqer determines that one-third or less of the reauired
investment in improvements has been completed. initiate canceilation of
the lease:
~B) if the Manaqer determines that at least two-thirds of the required
investment in imqrovements has been r,omnleted reduce the term of the
Iease to a period under (b} or (c) af this section that is consistent with the
portion af the imorovements timelv compieted:
{C) if the Manaqer determines that more than one-third but less than two-
thirds of the reauired investment in improvements has been completed
appiU Che besi interesis of the Ciht to take the action described in either
{A) or (B} of this subsecTion.
(i) When used in this section. the followinq terms shall have the meaninqs qiven:
(1) "expirina lease", means a lease with less than one f 1} year of term remaininq~
(2} "existinq lease" means a lease with at least one (1 } vear of term remaininq~
(3} "permanent improvemenY'. a fixed addition or chanqe to land that is not
temporary or portable:
(A) "permanent improvemenY' inciudes
(~ a buildinq, building addition retaininq wall. storaqe tank
earthwork. fill materiai c7ravei and pavement: and
19
(ii) remediation of contamina'tion for which the applicant is not
resqonsible:
~B~ "permanent imqrovement" excludes i~terr~s of ordinarv maintenance
such as qiass repiacement paintinq roof repairs door repairs plumbinq reqairs
floor coveri~q replaceme~t, or pavement patchinq.
XX 10 090 Rental rate determination.
(aa Beqinninq in 2006 and at intervals of approximatelv five (51 vears thereafter the
City Manaqer shail retain the services of an independenf. qualified qeneral reai estate
appraiser certified under Alaska Statute 08.87. to determine
(11 the fair market value of aIl the land ~vithin the Rirport Reserve that is under
fease or avaiiable for lease; and
(2) the contemporary capitalization rate. in terms af a percentaqe tVpicaliv
applied to fair market value to estabiish the rental rate for land leased bv
landiords in the Kenai Peninsula Borouph real estate market.
(b) Durinq the first 12 months followinq the date on which the Citv Manaqer accepts the
determinations made under (a) of this section. the Manaqer shall establish the rental
amounts for leases as foilows:
t1 } for each new lease qranted bv the City under this chapter, the rental shail be
the fair market value of the premises multiplied by the capitalization rate both as
determined under (a) of this sectiorr and
(2) for each existina lease that becomes subiect to a rent re-evaiuation under the
provisions of the lease the rentai shall be the fair market value of the premises
as determined under (a} of this section multiplied bv
(A) the capitalization rate determi~ed under fa) of this section if the lease
does not include a fixed capitalization rate; or
(B) the fixed capitaiization rate specified in the Iease.
(c) At the beqinninq of the second third fourth and fifth 12-month period followinq the
date on which the Citv Manaqer accepts the determinations made under (a) of this
section the Manaqer shall adiust the fair market value of all the land within the Airport
Reserve that is under lease or availabie for lease.
(11 The Manaqer shall make the adiustment bv applvinq the Anchoraqe
Consumer Price Index for the previous caiendar vear:
20
(2j The result af the adiustment sha(I be considered the appraised r`air market
value of each prop~rtv durinq the resbecYive 12-month z~eriod for ~vhich the ~
adjustment is macie: and
~3y If the State of Alaska substantiailv alters the manner in which the State
caiculates the Anchoraae Consumer Price Index, or ceases to annualiv provide
the Anchoraqe Consumer Price !rdex, the Citv Nlanaaer mav 4vith the
concurrence bv resoiution of the t;itv Council, use a reasonabiv similar
_ alternative index to make fhe adiustments required under this subsection (c)
Idt Durinq each of the second. third fourth, and fifth 12-manth periods foilowina the
tlate on which tfie Citv Manaqer accepts the determinations made under (a) of this
section. the Manaaer shall establish the rentai amounts for leases in the same manner
as provided in (b) of this section, excebf fh~t the Manaqer s_h_aIl applV the fair merket
value as adiusted under (c) of this section
(,e) Under this section. when determininq the r"air market. vaiue of the premises of an
existinq lease, an aporaiser shall aqoraise the orobertv
{1) in its condition as of the inception of the lease:
(2) plus anv improvements or amenities subsequentlv provided bv the Citv' but
(3) exciudinq anv imqravements or amenities provided by the Cit u~nder
XX.10.100. if lessee has reimbursed the CitV. or entered into an aqreement to
reimburse the CitV, for the cost of the improvements or amenities.
(The intenf of (e)(3) above is to exclude from the scope of an appraisal
improvements that are constructed by the City and paid for by the lessee.
Regardless oi whether improvements are built by the City or the lessee, if the
lessee pays for them, they are not part of the premises the City leased fo the
lessee and, fherefore, are ordinarily excluded from the appraisat.)
XX.10.100 Reimbursement for Citv-constructed imqrovements
{a) The Citv Manaqer mav include in a lease a requirement for the lessee to reimburse
the Citv far the City's cost of
{1) land ciearinq, qravel fill utilitv extensions and other imqrovements or
amenities on or i~ direct connection with the qremises constructed bv the Citv
prior to the effective date of the lease: or
21
(2) land ciearinq. qravef fiil. ufiiity exte~sions and other im~rovements or
amenities on or in direct connection with the premises. which the Citv aqrees to
~ consYrucC as a condition of the lease. sub'tect tQ Citv Council aoproval.
~ The Lessee shail reimburse the Citv for the Gitv's cost of constructing the
improvements in ten (10} equal annual payments pius interesi at eiqht percent t8%) per
year on the unpaid balance. The Lessee mav p~v the entire remaininq balance to the
City at anv time.
~
XX.14.110 Additional rent.
(a) In addition to rent established under XX.10.090 and any reimbursement far Cify_
constructed imnrovements or amenities under XX.10.100 a lessee shall pav
(1) taxes pertaininq to the leasehold interest af the lessee:
(2) interest at the rate of eiqht percent (8%) per annum for aIl past due rents.
charqes. and fees;
(3} an administrativa penaltv of ten percent (10%) of the amount due and unpaid
each time the lessee fails to timely paV any rent or fee wnen due: and
(4) sales taxes due on paVments under a lease.
{b} Anv rent charqe, fee, or other consideration which is due and unqaid at the
expiration termination, or canceliation of a lease will be a lien aqainst the lessee's
propertV real or Rersanal.
c) The lessee will pav all reasonable actual expenses, costs, and attorney fees the Cit
may incur with or wifhout formal action. to enforce, defend, or protect the Iease or City's
riahts under the lease, includinq anv exQense incurred with respect to environmental
compliance. bankruptcv or any proceedinq that invoives the lessee, the lease, the
premises or improvements or personai property on the premises The lessee wiil make
oavment within 30 davs of the date of each notice from Citv of any amou_nts payable
under this subsection (c
{d) A lessee shall pa tY he CitV a reasonable fee for anv special services or facilities,
which the City is not otherwise obliqated under the lease to provide and which the
lessee requests from the City in writinq and the City provides.
XX.10.120 Biddinq procedure.
f' M rvanarNl
,q~-a„ ,,.elisy-4' eue; it t e approval of the City Council, the
CitV Manaqer may designate a specific lot or lots, which are not subject to a pending
22
a~piication. to be ieased made-ava+lal3le-or~ly--forthrouah ccmpetitive seaied bid. Fh+s
p rsv.i sie~al!-apply~r~i y-v~iae~-~aere -is-+~o-a~ts#aaa i~g-ap~laca Eien-pea~ ir~-er~e-1et~K
I*~ ~~ ~~+~~~^^^+^~. ln a sealed bid ofrerinc~, the Citv Manacaer shall award the ~~~ase s-Co
the qualified bidder that orfers the hiqnests,';~'~;-~e;ti~~~Q-v~r,~-s one-time premium
pavment. in addition to the lease rent estabiished under this chapter. es~a~l+sk~e~'~
ra#e: Hi~#es~-bid;Provided however, that hian bidder and the bidders lease proposal
shall be subject to ali provisions of lease aopiication review and approvai under this
chapter'.. '~cda^"'.rs~' `{rtcv-ii„-crirn+hr~r ~n'.cn nnn~ ,..~f nnc
.~y.~~ ~rr..~~.,.~..~.
_ (The part of the existing 21. 90.130 are covered in XX.10.090, but most of the
exisfing 130 seems either unnecessary or very much outdated, so l didn't bring it
across to Tile XX.)
XX.1 Q.130 Lease execution.
When issuinq a lease to an appiicant. the Citv Manaqer shall hand deliver or mail the
document to the applicant. The iease-applicant shall have thirtv (30) davs from the date
on which the lease is hand delivered to the applicant or deposited in the U.S. mail within
which to execute and return the ap~~Llease ag~E~aeat-w~t# ta the City Manaaer.
ha....?nr.~,L'ymr~n4 #r~ c~-~"r1 nr.r~i'r n+ Th I
rro _,y,
agrearnea{-st~all-~e-~r-epare e-r-e~ea#s-sf-tl~is-title: If the
appiicant shows qood cause to the CitV Manaqer, and the Manaqer determines the
action is not inconsistent with the Citv's best interest, the Manaqer wili qrant an
extension not exceedinq thirtv (30} davs for the applicant to execute and return the
lease. Upon the failureF-ail~r~ of the appiicant to timelv execute and return the lease
agreement the Gitv Manaqer shall withdraw the affer of the lease in writinq.-vri~hin-th2
Chapter XX.15 FORM AND CONDITIONS QF LEASE
XX.15.01 D Form of Iease.
XX.15.015 Re-evaluation of rent.
XX.15.020 Assiqnments and subleases.
XX.15 030 Construction of improvements bv a lessee.
XX.15.040 Indemnification and insurance.
XX.15.050 Lease termination.
XX 15.060 Damaqe to lessee improvements.
XX 15.070 Disposition of improvements upon termination.
NOTE: 1 recommend against placing all the lease provisions in the KMC. In
general, having lease provisions explicitly presented in law, ordinance, or regulation
tends to "fossilize" lease language and retard the incorporation airport leasing indusfry
innovafions. /t also tends to burden the negotiation of unusual (eases with inflexibility.
A better alternative is to present only the essential issues of leasing policy in the
23
ordinance along with a provision requiring teases to be issued on a form approved by
the City Aftorney and adopted by City Council resolution. The following is my
recommended alternative to the existing Chapters 21.15 and 21.20, as applied to the
Airport Reserve.
XX.15.010 Form of Iease.
~) When leasinq land under this Titie XX the CitV Manaqer shali use a standard Iease
form that is
(1) drafted ta
(A} provide a reasonable basis for the lessee's use of the premises;
(B) foster the safe. effective. and efficient operation of the Airport:
(Ca conform with the aqplicable requirements of the KMC. includinq this
Titie XX Alaska statutes. Federal Aviation Atlministration reguiations, and
ofher applicabie federal law; and
(D) provide for the best interest of the Citv.
(2} aqproved as to form bv the City Attornev; and
(3) adopted bv resolutio~ of the Citv Council.
b) The Citv Manaqer may enter in_t_o a land lease that deviates from the standard form
adopted under (a} of this section, if
(1 } the Manaaer believes the action is in the best interest of the City:
t2? the lease is approved as to form by the City Rttomev: and
{31 the lease is approved bv resolution of the CitY Councii.
XX.15.015 Re-evaluation of rent.
~ At intervals of not less than five (5} vears, or at such other time as mav be specified
in a lease executed before the effective date of the enactment of this section. the Citv
Manaaer shall increase or decrease the rent charqed in the lease to the amount
determined under XX.10.090.
(b} The Citv Manager shal~ chanqe the rent in a lease bv qivinq the lessee written notice
at least thirtv (30} davs in advance of the effective date of the chanqe.
24
(c} A lessee who be(iev2s the rent resuitina from a chanae bv the City iv1anaqer exceeds
market rent mav appeal to the Citv Council by deliverinq a svriCten natice of rent ar~peai
to the Citv Clerk bv no later than the effective daCe of the rent chanqe. .^, rent .:~~aea! ~ ~
rnust inciude
t1 } the name. maiiina address. and tele~hone number of the lessee°
(2) a co~y of the CitV Manaper's rent chanpe notice:
_ (3} a summarv of the lessee's basis for appealinq the rent. indudi~q any facts or
evidence in support Of fhe lessee's positian that The chanqed rent exceeds
market rsnt; and
t4} if the lessee intends to present an appraisal in support of the appeal the date
by which the appraisal report will be made available for the Citv Council to
consider. not to exceed ninetv (90} davs after the date on which the apoeal is
delivered to the Citv Clerk. Failure bv the lessee to submit the aopraisai reqort
~ the stated date wiif void the a~peal.
{d} The Citv Council wiil consider the lessee s appeai and the basis for the Citv
Manaqer s rent chanqe; and
(1) If the Council finds aqainst the lessee. the lessee shali beqin pavinq the rent
estabiished bv the Citv Manaqer as of the effective date of the Manaqer's
original rent chanqe notice; or
(2) If the Council finds in favor nf the lessee, the Citv Manaqer shall issue a
written notice to the lessee, rescindinq the oriqinal rent chanqe notice and
establishinq the rental rate at the amount determined bv the Council. The
effective date of the reviseci rent shali be the efFective date of the Manager's
oriqinal rent chanqe notice.
(e) For the purpase of this section XX.15.015. °market renY' means the fair market value
of a lease premises multiplied by the appropriate capitalization rate as provided under
XX.10.090.
XX.15.020 Assiqnments and subleases.
(Reqa~dinp securitv assiqnments: As indicated in the DOWL Phase //
project report, the existing KMC 21.15.100 provides some unusually beneficial
rights to mortgagees, which are not necessary and could compromise the best
interests of the City. With respect to mortgagees, 21.15.100 does not require the
City's written consent to a security assignment or deed of trust (only nofice by the
lessee to the City). It is the norm in the airport industry to require airport consent
for this kind of transaction because the process allows the airport operator to
25
know, in detail, the terms of any financial encumbrance on an airport lease
before it is sef in place. Requiring prior consent also allows an ai~port operator to
prevent a lessee from accepting security provisions that may be adverse to the
airport operator's interests. 1 strongly recommend the City make consent
mandatory for all security assignments.
Also, with respect to mortgagees, the existing code al(ows a morfgagee to come
in after the City cance(s a lease for breach and obtain a new /ease of its own.
The mortgagee can choose to save the existing lease or take ouf a new one with
= the City.
The more common practice in the airport industry is to allow a mortgagee the
opportunity to cure the lessee's breach {if the lessee doesn't) and preserve fhe
onginat lease. lf the mortgagee chooses not to do so, the lease ends and the
mortgagee loses its security interest. This is beneficial to the airport operator
because it keeps the interests of the mortgagee more paralle! to those of the
airport operator, and results in fewer cases where the airport operator gets stuck
with the problems in a lessee bankruptcy. This requirement afso al(ows a
defaulted lease to be cleanly ended by the airport operator, if neither the lessee
or the mortgagee timely cure fhe breach. The operator can then promptly
proceed with actions in its own interest. The State ofAlaska has followed this
common industry practice for at least 25 years without hindering the financing of
leasehold developments. At the same time, the practice saved the State from
substantial financial loses in tenant bankruptcies.
Repardinq subleases: The existing code assures a subtenant that the City will
accept fhem as a lessee (to the extent of the sublease) if fhe City cancels the
lessee's (ease. l've nof seen a similar provision in any other airporf operator's
ordinances or regulations. It opens the door to al! kinds of problems. It
presupposes that every sublessee is financially viable. The failure of a
sublessee to perform under the sublease may have contributed to the lessee's
breach of the lease, buf the City would still have to take the sublessee on as its
own fenant. What if a small avionics business subleased a single room of the
lessee's large hangar and fhe City cancelled the lease? The existing code would
appear to require the City to recognize the sub/ease as its own and retain the
sublessee in his one-room space, with the City having to heat and maintain fhe
rest of the building solely for the Benefit of the sublessee. The mere presence of
the sublessee could hinder the Cify from leasing the property to a qualified
applicant who wants to use a(I the space on the premises.
The industry norm is for subleases to automafically end if a lease is terminafed.
That way, the airport operafor is free to negotiate a new lease with any qualified
applicant, including a former sublessee.
For fhe above reasons, l didn't bring KMC 21.15. 900 or 21.20.150 info Title XX.)
26
(a ) t~ lessee mav not, bV qrant or impiication. without the orior writien consent of the City
Manaaec
(1 } assiqn all or anv portion of the lease:
(2a assiqn or convev any mortqac~e or securitv interest in the Isasa: or
t3) sublease all or anV portion of the premises or improvements on fhe premises
tb) For the qurpose af this section. anV sinqle or cumulative transfer or more than a 50°/o
interest in a joint venture. partnership. limited liabilitv companv, corporation, or other
muiti-party entity which is a lessee canstitutes an assiqnment of lease interest that is
subieci to the consent of the City under this section.
jc) Any proposed assiqnment. securitv assictnment. or subiease must be written and
must be submitted to the Citv Manaqer bearinq the oriqinal, notarized sianatures of ali
parties. A lessee may submit unsiqned draft documents for the Gitv Manaaer s
conceptual review. However the City Manaqer s conceptual approval of a draft
document mav not be construed as the Citv's consent to anv assiqnment, securitv
assiqnment, or subiease.
(d) An assiqnment of a lease must include a provision statinq that the assiqnee accepts
respo~sibility for ail of the assignor s(lessee s) obliqations under the lease. inciudinq
environmental liability a~d responsibility. However unless the Citv sqecificaliv releases
the lessee in writinq the CifV maY hofd the lessee responsible for performinq anV
abliqation under the lease which an assignee faiis to perform.
{e} An assiqnee or sublessee may not accupv ihe qremises before the Citv Manager
consents to the assiqnment or sublease in writinq.
(f) In the event of a conflict between the lease and an assiqnment securitv assiqnment
or sublease the terms of tha lease wiil control.
(q} The CitV Manaqer's consent to anv sublease does not relieve or otherwise alter the
lessee's obliqations under the lease.
(h) No securitv assignment. incfudinq any related document. mav encumber the Citv's
underiVinq title to the land. A security assiqnment to which the Citv Manaqer consents
shall be valid only until the lease expires or is terminated for breach, pravided that the
holder of such a security assiqnment mav act to cure anv breach. The Citv Manaqer
shali not consent to a securitv assiqnment that obliqates the Citv to qrant a new lease ta
the haider of the securitV assiqnment after the Citv has terminated the oriqinai lease.
(i) Reqardless of any term stated in a sublease, the term of a sublease wiil end at the
expiration or eariier termination of the lease, uniess the Cit~extends or renews the
27
'ease term or reinstates the lease after cance(lation. F~ subiessee desiring to ramain an
the premises after the canceliation. expiration. ar termination ofi the lease must applv
For and execute, a new lease from the CitV.
Q) Before consenting or denyinq consent, to an assiqnment security assiqnment, or
subiease, the City Manaqer wili consider
(1 ! the best interests of the Gitv:
~ (2) in the case of an assiqnment or security assic7nment. the qualifications and
financial capabilitv of the assiqnee to perform the requirements of the lease:
(3} the compatilailitv of the proposed use of the premises bv an assi4nee ar
sublessee with the uses authorized in the Iease; and
(4) any recommendations resultinq from a review of the assiqnment. security
assiqnment or sublease documents by the CitV Attornev.
jk) The Citv Manaqer shaU not unreasonabiV withhoid consent to an assiqnment,
securitv assipnment, or sublease.
jl) A denial of consent to an assiqnment, security assiqnment, or sublease must be in
writinq and state the reasons for the action. A lessee whose request tor consent is
denied bv the Citv Manaqer mav appeal to the Citv Council bv submittinq a written
~peal to the Citv Clerk within thirty (30) days followinq the date of the Manager s
written deniaL
(m) For the purposes of this section. "securitv assiqnmenY' means an assiqnment for
securitv deed of trust mortgaqe, or other dacument that qrants to a creditor an interest
in a lease as collaterai to assure qavment or performance of a debt, loan. or other
obliqation of the Iessee.
XX 15 030 Construction of improvements bv a lessee.
(a) Anv buildinq construction bv a lessee must be compatibie with its surroundinqs and
consistent with the uses authorized under the Lease, as determined bv the CitY
Manayer.
bl A lessee must obtain the Citv Manaqer's written appraval before placina fill materiai
beqinninp anv land development or constructinq or demolishinq anv impravements on
the leased premises and before beqinninq anv alterations, modifications, or renovation
of existinq structures on the premises. When submittinq a request for the Citv
Manaqer's approval a lessee must provide the Manaqer wifh
28
{1) qetaiied drawinqs of fhe prQposed deve(aomenf. alferation rnodificGaon or
re~ovation:
{2) evidence thaf Che aroposed deveioomenf, alteration, modificafion or
renovation will conform fo the reauirements of the KMG related to the Rirport
zonina, and buiidinq construction standards:
(3) evidence of the lessee s comc~Iiance with Federai Aviation Administration
requlation 14 CFR Part 77, if applicabie to the proposed deveiopment, alteration.
modification or renovation: and (Part 77 deals with airspace clearances and
obstructions. The "evidence" is usually a Form 7460-1 6earing fhe approva! of
A/aska Region FAA.)
(4} anV other information the City Manaaer reasonably repuires.
(c} The Citv Manaqer's approval or denial of a lessee's reauest under this section must
be in writinq. A deniai must sYate the reasons for the action A lassee whose request
for aoproval is denied by the Citv Man~aer may appeal to the City Council by submittina
a wntten appeal to the Citv Clerk within thirtv {30) davs foilowina the date of the
Manaper's written deniai.
XX.15.040 Indemnification and insurance.
{ai Ail land leases shall inciude a provision requirinq the lessee to indemnifv the Citv
from ciaims related to the lease and the lessee.
(b1 Except as provided in (c) of this section. ali land leases shall require the lessee to
provide insurance cpveraqe of the followinc~ types and minimum coveraqe limits If a
lessee's policV contains hiqher iimits. the Citv will be entitled to coveraqe to the extent of
the hiqher limits.
(1) Commercial General Liabilitv inctudinq qremises alI oqerations propertv
damage qersonal iniun~ and death broad-form contractual with a per-
occurrence limit of not Iess than $1,Od0,000 combined sinqle limit. If the lease
authorizes the lessee to enqape in the sale or the commerciai dispensinq or
storaqe of aviation fuel, the policv must include an endorsement under which the
insurer extends coveraqe to the lessee's fuel handlinq activities The policV must
name the City as an additional insured.
(2) Commercial Automobile Coveraqe with not less than ~1 000 000 combined
sinqle Iimit per occurrence. This insurance must cover aIl owned hired and non-
owned motor vehicles the lessee uses on the Airport.
29
{3) Workers Compensation insurance. for ali the lessee's emploVees.
coveraqe as required under AS 23.30.045. and, where applicable. any other
statutorv obliqations. The policv must waive subroqation aqainst the Citv.
4) Prociucts and Completed dperations LiapilitY 1~surance. If the lease
authorizes the lessee to enaaqe in the sale or the commercial dispensinq or
storage of aviation fuei, the Iessee shail provide Products and Compieted
Operations LiabilitV insurance in at feast the followinq coveraqe limits:
A. $100 000 bodily injurv combined single limit qer occurrence:
B. a300 000 badilv ~njurv aqqreqate: and
C. ~100.000 propertV damaqe combined sinple limit per occurrence.
(The insurance requirements above are used by the State for rural airport land
leases and are similar to those of other airporf operators interviewed during my
airport comparison research under fhe DOWL Phase 1I project.)
{c} The Citv Manaqer may with the counsel of the Citv Attomev v~~aive or reduce the
insurance requirements under (b) of this section for a lease qranted for strictlv non-
commercial individual use purposes.
d) The lessee will provide the City with proof of insurance coveraqe in the form of an
insurance policy or a certificete of insurance, together with proof that the premiums
have been paid, showinq the tvpes and monetarV limits of coveraqe secured. All
insurance required by this section must provide that the Citv be notified at least 30 davs
prior to anV termination canceliation, or materiai chanqe in the insurance coverage.
(e) A lease shali include a provision aliowinq the Citv, at intervals of not less than five
(5) years from the beqinninq date of the term of the lease and upon written notice to
lessee revise the insurance requirements repuired under the Lease. The determination
to revise the insurance requirements wiil be made bV the Citv ManaAer with the counsel
of the City AttorneV and shali be based on the risks reiative to the lessee's operations.
anY insurance quidelines adopted bV the CitV and anV chanqe in appiicable law.
XX.15.ob0 ~ease termination.
~ Anv of the following shall be grounds for the Cit Manaper to cancei a lease and
recover possessian of the premises upon 30 days' written notice to the lessee. unless
the violation is cured within the 30 daVS:
U The lessee fails to pav when due the rents, additionaf rents. charqes, or other
sums specitied in the lease;
(21 The lessee's check for pavment of anv sum due under the lease is returned
for insufficient funds; or if the lessee s credit or debit card is ~ot accepted by the
issuinq financial institution:
30
(3) The {essee uses, or authorizes others to use, the premises for anv purposs
not authorized bv the lease~ ~ ~
(4a The lessee faiis to fullv per~orm cr complV with any pravision in the Iease:
(5) The lessee uses the premises for an ilieaal purpose or otherwise materialiv
violates an appiicable law:
~ (6) A court enters a iudqment of insoivencv aqainst the lessee;
t7) A trustee or receiver is appointed for the lessee's assets in a proceedina
brouqht by or against the lessea. or the lessee files a voluntary petition in
bankruqtcy; or
(81 Failure bv the lessee to timely comolete anV land development or permanent
improvement construction required by the lease.
(b) The fessee will continue to paV fhe CiCV rent after the exqiratian Yermination or
cancellation of this lease and to abide bv the lease obliqations, includinq providinq proof
of insurance coveraqe, through the date lessee relinquishes possession of and
completelv vacates the premises. The qremises wiil be considered completelv vacated
when the lessee has
(1) remediated any environmentai contamination for which the Lessee is
responsible;
(2) removed or otherwise disposed of any lessee-owned aermanerrt or
removable improvements and personal propertv which the lease aliows to be
removed or the CitV Manac7er directs to be removed: and
(3) restored the premises to a neat and clean physical condition acceptable ta
the Citv Mana9er.
(The above provrsion was adapted from a Sfate of Alaska lease form. It is not an
uncommon practice in the airport industry to hold a(essee responsible for the payment
of rent until a new lessee can be found to lease the property. If the City wants to go that
route, (b) above wil! need to be revised accordingly.)
XX.15 060 Damaqe to Iessee improvements.
!al Exceot as provided under (b_~_ o_f this section, if a lessee's improvements on the
premises are damaqed or destroved khe lessee shall cause the improvements to be
repaired or rebuilt and restored to normal function within two (2} vears foliowing the
damaae or destruction. If the lessee fails to timely reb_u__ild or restore the improvements,
the Citv Manaqer may, at the Manaqer's sole discretion, either
31
{1 } reduce the term of the (ease commensurate with the estimated value of the
lessee's remaininq. fuliv functional improvements on the premises. using the
term fabfe in XY.10.080: or
(2) cancel the lease.
(b) if a lessee's improvements are damaaed to the extent that more than 50% of the
space is unusable and the damaqe occurs within five i5} years of the expiration of the
term of the lease. the lessee may remove the damaaed improvements. restore the
premises and terminate this lease.
XX 15 070 Disposition of improvements upon termination.
Upon the expiration of the term of a lease or anv eariier termination, title to the
buildinqs other improvements, and buiidina equipment shall automaticallv vest in Citv
without requirement of anV deed, convevance, or bill of sale. However, if Citv Manac7er
requests anV such document, the iessee shall promptlv execute acknowledqe, and
deliver the document to the Citv Manaqer and pav any charqe, tax. and fee Iawfuilv
asserted or imposed on the conveVance evidenced bv the document. Provided
however that the lessee shall retain title ta. and remove from the premises at the
lessee's sole expense anv buildinq other improvement or buiidinq equipment that the
Citv Manaqer determines in writinq to the lessee
1. has exceeded its useful life:
2. is damaqed bevond reasonable repair.
3 is a hindrance to the future use of the premises: or
4. is of neqligibie value.
Chapter XX.20 AIRPORT COMMIS510N
XX.20.010 Duties and powers.
XX.20.020 Qualifications.
XX.25.030 Membership.
XX 20.010 Duties and powers.
The Commission shall:
(a) Develop, adopt, alter or revise, subject to approval by the City Council, a master
plan for the airpo~t development. This may include:
32
(1 } Development of type, iocation and sequence of afl airport terminal
facilities; and
(2) Development and use of all Ciiv-owned land within the f?irport
Rese rvsa+~ps~ae~erta~{-{aads.
(b) Observe, oversee and guide in an advisory capacity, any matters relating to use
of airport runways, airport terminal, and Cifv-awned land within the Airport
Reservea irpe~t-ae~~r~~t~+sa{-la~ds.
(c) Act in an advisory capacity to the Citv Councii the Citv Manaqer. and the Airport
Manager.
(d) Review lease aopiications and make rerommendations to the Citv Manaqer as
provided under XX.10.060.
XX.2Q.020 Qualifications.
Members of the Airport Commission will conform to the requirements of the City of
Kenai Boards, Commissions, and Committees Standard Procedures as established by
KMC 1.90, except that members of the Airport Commission need not be residents of the
City of Kenai. (Ord. 1531-93)
~
XX.25.D30 Membership.
The Commission shall comprise of seven (7) members who shall be chosen so as to
represent broadly the following areas:
(a) One member, fixed base operator (FBO)
(b) One member, lessee of airport aeronautical lands or terminal facility.
(c) One member, with expertise in Federal Aviation Administration functions.
(d) One member, representing the Civil Air Patrol.
(e) Three members, at-large, representing the business and professionai
community.
(f} One non-voting member, representing ad hoc member of the Kenai City Council.
(Ord. 1531-93)
(NOTE: Excepf for the reference to lease application reviews and narrowing the
Commission's scope to the Airporf Reserve, I am not recommending changes to
this Airport Commission chapter at this time. As the Cify moves through the
Implementation Plan, changes to this chapter will have to be made from fime fo
time to reflect increases in Commission authority & responsibility, changes in
membership, etc.)
33
~~ ~~ 7~ Lease Develoqment Incentives f7eriiporary w~iver c~f Citv property taxes)
(1 didn't know where in the KMC fhis should be addressed. The following is the
genera! outline of fhe program recommended in the Phase /l project report.)
B. The lessee must commit to compiete the improvements within 24 months of
the lease beqinnina date:
C The lessee must submit to the Gity writtsn evidence that the improvements
nave been timelV completed toaether with evidence af the lessee's total cost of
constructinq the improvemsnts:
D. Uoon receivina satisfactorv evidence of timeiv compietion from the lessee, the
Citv will qrant the Iessee a waiver of the Citv property taxes applicable to the
improvements for a period of time immediately followinq the date on which the
lessee completed the improvements. The propertV tax waiver period would
depend on the lessee's improvement construction cost, as follows:
COST TAX WAIVER PERIOD
At least $250 000. but less than 5500.000 ....................... 2 vears
At least $500.000. but less than 5750.000 ....................... 3 vears
At least $750.000 ............................................................. 4 years
(This graduated approach to tax waivers would encourage larger
developments while providing some incentives for smatler ones.)
E. Tne waiver would nof applv to anv improvements constructed on the
premises after the date in B, above.
F. If the Iessee commits a breach of the lease. anv unexpired waiver wouid end
on the date the CitV terminates the lease.
34
E-
Suggested by Administration
CITY OF KENAY
RESOLUTION NO. 2006-47
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
THE CITY'S APPLICATION TO THE ALASKA DEPARTMENT OF ENVIRONMENTAL
CONSERVATION SFY 08 CAPITAL MUNICIPAL MATCHING GRANT PROGRAM FOR
WELL NO. 2 WATER TREATMENT SYSTEM INCLUDING WATER AND SEWER MAIN
CONNECTIONS.
WHEREAS, Well No. 2 is the only existing well that is in compliance with the new
maximum contarninant level of arsenic; and,
WHEREAS, Well No. 2 is the highest water producing well in the municipal system;
and,
WHEREAS, Well No. 2 water has a high color content that exceeds the maYimum
contaminant level and needs to be treated; and,
WHEREAS, there is only one transmission water main from Well No. 2 into the
municipal water system causing a flow restriction and lowering water pressure; and,
WHEREAS, color treatment at Well No. 2 will require a sewer main to handle
treatment waste; and,
WHEREAS, the City of Kenai has identified this project as the number one priority
project for overall capital budget requests to the State of Alaska SFY O8; and,
WHEREAS, this project will provide much needed water quality improvements to the
residents of the City of Kenai; and,
WHEREAS, the State of Alaska Department of Environmental Conservation has
acknowledged the public health protection needs identified in this project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai requests funding through the Alaska Department of
Environmental Conservation SFY 08 Capital Municipal Matching Grant Program for
Well No. 2 Water Treatment System including water and sewer main connections.
Resolution No. 2006-47
Page 2 of 2
PASSED BY THE COUNCIL OF THE CI'I'P OF KENAI, ALASKA, this 16th day of August
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: ~
e
~
SUBSTITUTE
Suggested by Administration
CITY OF KENAI
RESOLUTION NO. 2006-47
tYRESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPOIYI'ING
THE CITY'S APPLICATION TO THE ALASKA DEPAIZI'MENT OF ENVIRONMENTAL
CONSERVATION SFY O8 CAPITAL MUNICIPAL MATCHING GRANT PROGRAM FOR
THE CONSTRUCTION OF A NEW WATER TRANSMISSZON MAIN FROM WELL NO. 2,
THE CONSTRUCITON OF A NEW SANITARY SEWER MAIN SERVING WELL HOUSE
NO. 2, WATER TREATMENT SYSTEM UPGRADES, AND OTHER RELATED
IMROVEMENTS.
WHEREAS. Well No. 2 is the only existing well that is in compliance with the new
maximum contamiiiant levei of arsenic: and,
WHEREAS, Well No. 2 is the highest water producing well in the municipal system;
and,
WHEREAS, there is only one transmission water inain from Well No. 2 into the
municipal water system which is undersized, causing a flow restriction and lowering
water pressure; and,
WHEREAS, the existing water transmission main is in excess of 35 yeazs oid and
fabricated of materials less durable than current construction standards; and,
Whereas, a connection to the sewer inain from Well House No. 2 is required to support
the water treatment system: and,
WHEREAS, the City of Kenai has identif`ied this project as the number one priority
project for overall capital budget requests to the State of Alaska SFY 08; and,
WHEREAS, this project will provide much needed water quality unprovements to the
residents of the City of Kenai; and,
WHEREAS, the State of Alaska Deparkment of Environmental Conservation has
acknowiedged the public health protection needs identified in this project.
NOW, THEREFORE, BE IT RESOLUED BY THE COUNCIL OF THE CITY OF KENAI,
t1LASKA, that the City of Kenai requests funding through the Alaska Department of
Environmentai Conservation SFY 08 Capital Municipal Matching Grant Program for
the construction of a new water transmission main from well No. 2, the construction of
a new sanitary sewer main sexving well house No. 2, water treatment system
upgrades, and other related improvements.
Resolution No.2006-47
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, AL.ASKA, this 16~ day of August
2006.
PAT PORTER, MAYOR
ATI'EST:
Cazol L. Freas, City Clerk
Approved by Finance:
1
Juggested by: Councff
CITY OF KENAI
RESOLUTION NO. 2006-45
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE
GONTINUATION OF THE PROJECT ENTITLED "SI-IAMROCK CIRCLE" AND
DESIGNATING WHAT IMPROVEMENTS t1F2E TO BE INCLUDED IN THIS PROJECT.
WHEREAS, the Council directs the City Administration to continue with this project;
and,
WHEREAS, the following is a list of major unprovements that are scheduled to be
completed under this project:
1. Excavation, backfill, and grading
2. Asphalt paving
3. Topsoil and seeding
4. Signage and traffic control; and,
WHEREAS, the Council finds the irnprovements are necessary and of benefit to the
properties to be assessed: and,
WHEREAS, the local unprovement district costs will be allocated on a square footage
basis eactending one lot deep adjacent to improvements in this subdivided area; and,
WHEREAS, the project is not objected to by owners of properties bearing fifty percent
(50%) or more of the estimated costs to be borne by property owners; and,
WHEREAS, an account will be kept of all costs of the unprovements and that after all
costs are known, the City Manager shall prepare an assessment roll for the
unprovements; and,
WHEREAS, all of the above improvements will be done in trus area but only fifty
percent (50%) of the total completed 'unprovements will be assessed to the benefited
property owners; and,
WHEREAS, this resolution will be mailed to each property owner adjacent to the
streets designated for unprovements; and,
WHEREAS, the property owner's name and address used will be that which is on
record at the Kenai Peninsula Borough on this date, August 16, 2006.
NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City will continue with the project entitled "Shamrock Circle" and the
unprovements listed above.
Resolution No. 2006-48
Page 2 of 2
PASSED BY THE COUNCIL OF THE CI'I'Y OF KENAI, AI,ASKA, this 16th day of
August, 2006.
~
PAT PORTER, MAXOR
ATfEST:
Carol L. FYeas, City Clerk
clf
Approved by Finance:~~
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PRELIMINARY ASSESSMENT ROLL (Pre-i~id & Pre-Engr.)
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SHAMROCK CIRCLE ~ID
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Below costs are estimates -
final cost will be 6ased on the actuai cost of the ro'ect.
Properties to be assessed: Lots 1-7 DonnybrookShamrock Subdivision
50 % of Cost
OWNER Lot ACRE Square Feet % af Total 100 % of Cost EstSAssessed
Gonzalez i 1- 0.25I 10,890 0.141243 12,641 ~ 6,321
Eddens i 2 I 0.231 10,019 j 0.1299441 11,630 ~ 5,815
Arocho-Kimball i 3! 0.321 13,939 1 0.1807911 16,181 I 8,090
Artman 'I 4' 0.23j_ 10,019 ! 0.129944~ 11,630~ 5,815
Calix 5! 0.28i 12,197 ; 0.158192; 14,158 I 7,079
Isaacs ; 6 I 0.22j 9,583 ; 0.1242941 11,124 ~ 5,562
Copple I 7 I 0.241 10,454 i 0.135593 12,136 6,068
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TOTAL 1.771 77,101 I 1.0000001 89,500 44,75(
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Property Owners (50%} 44,750
' TOTAL i 89,500
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No Assessmeat can be higher than 25°/a of fair market vafue including benefit of work. (Below is KPB)
RECORD OWNER Lot Value Land Value Struc land + Struc 25°/a of Total EstSAssessed
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Gonzalez 1; 13,900 171,000 I 184,900 i 46,225 i 6321
Eddens 2 i 12,200 73,200 ! 85,400 , 21,350 ~ 5815
Arocho-Kimbail ~ 3 i 12,200 79,6001 91,8001 22,950 8090
Artman 4 I 12,200 ( 78,000 90,2~0 ; 22,550 j 5815
Calix 5 ~ 12,200 78,600 90,800 22,700 7079
Isaacs 6 12,500 81,000 93,500 23,375 , 5562
Copple 7 13,900 154,400 168,300 ~ 42,075 I 6068
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IMPROVEMENT~
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The City of Kenai
210 Fidalgo Ave.
Kenai, AK 99611
RE: Proposed Paving Project Shamrock Circle
To Whom it may concern:
RECE4~ rf_`'
~__ .~._.e_. ~
; AU6 1 4 ~J06 }
~ ____ _____;
,,, `:- "'.~ ~:i i Y CLE~
,
On the above for pazcel number 04524027 we oppose paying the cost of improvements to
Shamrock Circle. Our property faces Aliak Street and therefore the only direct access
point to which is from Aliak Street. There is no need or use for anyone in our building to
utilize Shamrock Circle or such an improvement. To charge an average cost of over
$6,000 would be an unnecessary hardship to a single property owner and to no benefit in
any way.
We will be at the Public Hearing on August 16th, 2006 at 7:OOpm in order to voice our
concerns and appreciate the consideration.
Thank You
Sincerely,
~ ~~~~'`,~'L
arah ~Copple-Blum
1717 E. Aliak St. #2
Kenai, AK 99611
90'7-283-1587
Suggested by: Administration
CETY OF KENAI
RESOLUTION NO. 2006-49
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING
EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE.
WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A aze
no longer needed by the City of Kenai; and,
WHEREAS, a public outcry or competitive sealed bid auction are reasonable and
acceptable means of disposal.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the items listed on Attachment A be declared surplus or obsolete and
available to sell at a outcry public or sealed bid auction.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of August
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance ~
AUCTION ITEMS - 2006
ATTACHMENT A
Resolution No. 2006-49
.~.
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Book
1 Book Shelf
Air ort 1 Com uter Mouse
1 C er Max
1 Dell Com uter
2 15" Deli Monitors
2 Ke boards
6 S eakers
Buiidin s 12 Desks
1 Bullet Proof Door
Clerk 1 Black 18" Deil Trinitron Monitor
1 Bei e 18" Deli Trinitron Monitor
1 Bei e 18" Deil Monitor
1 Deli O tiPlex GX1 CPU
1 APC 500 BackUPS Doesn't Work
1 APC 650 BackUPS Doesn't Work)
t Hewlett Packard C2693A Color Printer
1 Black Em t Hard Case
1 Plastic Monitor Stand
1 4-Drawer Pa er Stand
Fire De artment 1 25" Zenith Console N
1 Deli O ti lex G1 Com uter Pil, No HD or Ram
1 Deli Pewer Ed e 2400 Server Pill, No HD or Ram
1 Homelite 125 Water Pum (Bad Im eller
1 Medic Box
1 Round Kitchen Tabie w/4 Chairs
1 Universal Wei ht Bench wlLe Press & Wei hts
2 Com uter Backu s Bad Batteries
2 Giobe Structural Bunker Jacket Sheils
2 Plastic Fioor Mats Used Under Desk Chairs
3 17" CRT Com uter Monitors
3 Com uter Deskto CRT Monitor Stands
4 Blue Uniform Jackets
4 Com uter Ke boards
5 Proximit Bunker Pants
Libra Assorted Slide Tra s
Cassette Ta e Cases
Misc. Com uter Connectors/Ada ters/Modems/Belts
1 15" Dell Fiat Panel Monitor poesn't Work
1 16mm Pro'ector
1 12' x 12' Colorful ABCH23 Children's Ru
Libra Continued 1 8' x 10" Muiti Color Children's Ru
Page 1 of 3
AUCTIOM ITEMS - 2006
ATTACHMENT A
Resolution No. 2006-49
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Children's Bead Pla Table
1 Data Vac
1 Dis la Table
1 Dukane Filmstri Pro ector
1 IBM Wheel writer T ewriter
1 Lar e Alaska Ma
? M~crofich~ Reader
1 Pro ector Case
1 Rin master Slide Pro ector
1 Securit Monitor w/4-Cameras
1 T in Table
2 Oran e Arm Chairs
2 Taii Padded Stools
2 Wooden O~ce Desks w/Returns
3 17" DeII Monitors
3 HP DeskJet Printers
4 Head hones
5 Dell O ti lex Com uters w/Windnws 2000 1 Doesn't Work
6 Com uter Ke boards
6 Polaroid Cameras
10 Oran e Swivei Conference Chairs
14 Com uter Mice
Parks & Recreation 1 Universai Wei ht Machine
Police De artment 1 6" CPX TV
1 Gun Hoister
1 Back ack
1 CD Case
1 Fax Machine Works as Printer
1 Cabinet
1 Card Laminator
1 E ualizer
1 Am lifier
1 Stereo Pre-Am
1 Stereo S eaker
1 Micro hone Power Su I
1 Heave-Gau e Aluminum Shi in Crate
2 Pieces of Jewel
2 Double Cassette Decks
3 4' x 5' Standin Office Dividers
3 Desks
3 4 x 6 Small Index Card Files
3 leather man Toois
4 Cameras
5 Misceilaneous Toois
Poiice De t. Contd. 5 Misceilaneous Household Items
Page 2 of 3
AUCTION ITEMS - 2006
ATT.QCHMENT A
Resolution No. 2006-49
Page 3 of 3
~~
:~ At PE Il~l;a~'oUL ~ORC
"~,^-~. ,yn
August 7, 2006
144 N. BINKLEY -~ SOLDOTNA, A~ASKA - 99669-~,,:,:.
BUSMESS (907) 714-2160 FAX (907) 714-2388
EMAIL: assemblyclerk@borough.kenai.ak.us
Ms. Dawn Holland-Williams
Records & Licensing Supervisor
Alcoholic Beverage Control Boazd
5848 E. Tudor Rd.
Anchorage, AK 99507-1286
~ ~~~~".'~.~, , _
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SHERRY BIGGS, CMC
BOROUGH CLERK
Re: Removal of Objection to Renewal
Kings Inn Property Management LLC dba Kings Inn Hotel, Restaurant, Lounge, LLC
(Mr. D's)
Liquor License # 2457
Dear Ms. Dawn Holland-Williams.
Please be advised that the Kenai Peninsula Borough wishes to withdraw the objection to the renewal
of the liquor license for Kings Inn Property Management LLC dba Kings Inn Hotel, Restaurant,
Lounge, LLC . The Kenai Peninsula Borough Finance Department has reviewed its files and states
the licensee has brought their tax delinquencies in compliance according to borough policies.
Sincerely,
~
Sherry Biggs, C ~~
Borough Clerk
cc: Applicant
City of Kenai
KPB Finance Department
File
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boe.~-.L on A.w~duo~/~i mu.l~cC
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AGE~A
KENAI CYTY COUNCIL - REGULAI2 MEETYNG
AUGUST 2, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBER3
http: / /www.ci.kenai.ak.us
I~TEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversiai by the councll 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.
YTEM B: SCFiEDULED PUBLYC COMMENTS (10 minutes)
1. Penny Carty, Salamatof Native Association -- Proposed
Development/±6 Acres- Marathon Road.
YT~M C: LTNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM E: PUBLEC HEARINGS
Ordinance No. 21'75-2006 -- Increasing Estimated Revenues and
Appropriations by $6,250 in the General Fund for a Library Grant.
2. Ordinance No. 2176-2Q06 -- Increasing Estixnated Revenues and
Appropriations by $17,187.05 in the General Fund for an Alaska
Highway Safety Program Grant.
3. Osdinance No. 21?7-2006 -- Increasing Estimated Revenues and
Appropriations by $2,500 in the General Fund for Police'IYaining.
4. Osdinance No. 2178-2006 -- Finding That Certain City-Owned Land,
Described as 'IYact A, Park View Subdivision (Parcel No. 04701018),
Consisting of 2.092 Acres and Shown on the Attached Map, is Required
for a Public Purpose.
5. Resolution No. 2006-42 -- Approving a Contract to Zubeck, Inc. for the
Project Entitled Kenai Maintenance Shop Sewer EJCtension - 2006 for the
Total Amount of $58,136.70.
6. Resolution No. 2006-43 -- Rejecting All Bids for the Project Eartitled
Kenai Soccer Pazk Construction -- 2006.
7. Resolution No. 2006-44 -- Rejecting t111 Bids for the Project Entitied Leif
Hansen Park Sprinklers -- 2006.
8. Resolution No. 2006-45 -- TYansferring $80,000 in the Airport Shop
Site Remediation Capital Project Fund.
9. Resolution No. 2006-46 -- Transferring $75,000 in the Wellhouse 4
Capital Project Fund From Construction to Engineering.
ITEM F: MINUTES
*Regular Meeting of July 19. 2006.
ITEM G:
ITEM H:
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2179-2006 -- Increasing Estimated Revenues and
Appropriations by $250,000 in the Airport Fund to Purchase Fire
Training Props and Equipment.
4. '"Ordinance No. 2280-2006 -- Repealing the Existing KMC 21.05
(Airport Admuustration and Operation), KMC 21.10 (Leasing of Airport
Iands), KMC 21.15 (Provisions Required) and KMC 21.20 (Policy
Governing Modification of Existing Leases), and Replacing Them With
KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing
of Airport Reserve Lands) and KMC 21.15 (Lease and Sale of Airport Land
Outside of the Airport Reserve).
5. Approvai -- Lease Application -- Lot 2, Biock i, General Aviation Apron
Sub. # 1, Amended - Indcom Properties, LLC (Kenneth Dunbar)
6. Approval -- Lease Applications - Lots 9, 10, and 1 l, Block 1, F.B.O.
Subdivision - Indcom Properties, LLC {Kenneth Dunbar).
7. Approval -- Amendments to City of Kenai Muu-Grant
Overview/Procedures.
8. Discussion -- Identification of Prlorities for $322,000 Legislative Alaska
Deparhnent of Commerce & Community Economic Development Grant
Funding.
9. Discussion -- Proposed Statewide Anti-Methamphetamine Abuse
Education Campaign.
10. Discussion -- E~ctension of Construction Schedule/Lots 13 & 14, Block
1, Cook Inlet Industrial Air Pazk -- David and Michael Schilling, d/b/a
Schilling Rentals.
ITEM Y: COMMISSION/COMMITTEE REPORTS
= 1. Council on Aging
2. Airport Cominission
3. Harbor Comrnission
4. Library Commission
5. Parks & Recreation Commission
6. Plamiing & Zoning Coinmission
7. Miscellaneous Commissions and Comrnittees
a. Beautification Cominittee
b. Alaska Municipal League Report
c. Stranded Gas
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMA~
1. City Manager
2. Attorney
3. City Cierk
ITEM L:
1. Citizens (five minutes)
2. Council
-- None Scheduled
ITEM M•
KENAi CITY COUNCYL - REGULAR MEETING
AUGUST 2, 2006
7:00 P.M.
KENAI CITY COUNCIL CI-IAMBER9
http: / /www.ci.kenai.ak.us
MAYOR PAT PORTER, PRESIDING
MINUTES
L•TEM A: CALL TO ORDER
Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-1. PLEDGE OF ALLEGIAiNCE
Mayor Porter ied those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
The City Clerk took roll. Present were:
Rick Ross Robert Mollo Mike Bo le (Tele honic)
Pat Porter, Ma or Joe Moore, Vice Ma or Linda Swarner
A quorum was present.
Also present: Les Krusen, Student Representative
A 3. AGENDA APPROVAL
Mayor Porter noted the following additions/changes to the agenda for council's
consideration:
SUBSTITUTE: E-9, Resolution No. 2006-46 (Substitute) --'I7ansferring
$75.000 in the Wellhouse 4 Capital Project Fund From
Construction to Engineering.
ADD AT: K-3 -- Council Member Ciiff Massie letter of resignation.
REMOVE: H-7, Amendments to City of Kenai Mini-Grant
Overview/Procedures and include on August 16, 2006 agenda.
nzoTaorr:
Council Member Moore NiOVED for approval of the agenda and requested
UNAivIMOUS CONSENT. Council Member Swarner SECONDED the motion. There
were no objections. SO ORDERED.
A 4. CONSENT AGENDA
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 2
MOTION:
Cbuncil Member Swarner MOVED to approve the consent agenda and requested
LTNAPTIMOUS COIVSENT. Council Member Moore SECONDED the motion.
Council Member Boyle stated an objection to unanimous consent and stated he
wanted to remove Ordinance No. 2180-2006 from the consent agenda and stated his
motion as:
MOTIOAT:
Council Member Boyle MOVED to remove Ordinance No. 2180-2006 from the agenda
and Council Member Molloy SECONDED the motion.
Boyle explained he wanted to postpone the ordinance to a later date in order for
additional study and comparison to recommendations of the Airport Commission and
consultant: he felt the ordinance did not align with the recommendations made by the
Cominission or consuitants, i.e. the boundaries of the airport reserve and the lease of
airport lands; and, wanted to send the ordinance back to administration to reevaluate
and bring it back for consideration when a full council wouid be availabie.
A brief discussion followed on the merits of whether it was the appropriate time for
Boyle's suggested action. It was noted, questions would be answered through the
public hearing process, and an additional public hearing couid be scheduled.
VOTE:
'Student Representative Krusen: No
Ross No Mollo No Bo le Yes
Porter No Moore No Swarner No
MOTION FAILED.
VOTE ON CONSENT AGENDA AS PRESENTED:
*Student Representative Krusen: Yes
Ross Yes Mollo Yes Bo le No
Porter Yes Moore Yes Swarner Yes
MOTION PASSED.
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 3
ITEM B:
81. Penny Carty, Salamatof Native Associatian -- Proposed
Development/±6 Acres- Marathon Road.
Ms. Carty referred to drawings of their proposed development which were inciuded in
the packet. She noted. Salamatof Native Association's (SNA) architect, Peter ffiauder
was also present to answer questions. It was noted, SNA originally was interested in
acquiring a large piece of property, but now believed six acres would be adequate for
its needs; after councff's approvai, they wouid begin development of the first building
immediately; and, SNA and the city had not discussed leasing instead of purchasing
the property.
A brief discussion took piace and cominents included:
• SNA had recently sold four of its buildings along North Willow Street.
• SNA had not discussed trading property with the City.
• SNA offices, along with several lessees, had moved to the AlaskaUSA
building which they recently acquired. '
Council stated no objections to the sale of property moving forwazd.
ITEM C: UNSCHEDULED PUBLIC COMMENTS
Mya Renken, Eaecutive Director, Kenai Convention & Visitors Bureau -- Gave an
update of events taking place at the Visitors Center and noted the skiffjboat
restoration was moving fonvard and the work was eapected to be completed by fall.
Mayor Porter -- Read a proclamation honoring Student Representative Les Krusen as
he would be leaving for college in the next weeks and this was his last council
meeting.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
None.
ITEM E: PUBLYC I~ARING5
E-1. Ordinance No. 2175-2006 -- Increasing Estimated Revenues and
Appropriations by $6,250 in the General Fund for a Library Grant.
MOTION:
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 4
Council Member Molloy MOVED for adoption of Ordinance No. 21755-2006 and
Council Member Swamer SECONDED the motion.
'~here were no public or council comments.
VOTE:
*Student Representative Krusen: Yes
Ross Yes Mollo Yes Bo le Yes
Porter Yes Moore Yes Swarner Yes
MOTION PASSED UNAlVIMOUSLY.
E-2. Ordinance No. 2176-2006 -- Increasing Estimated Revenues and
Appropriations by $17,187.05 in the General Fund for an Alaska
Highway Safety Program Grant.
MOTION:
Council Member Molloy MOVED for adoption of Ordinance No. 2176-2006 and
Councff Member Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
*Student Representative Krusen: Yes
Ross Yes Mollo Yes Bo le Yes
Porter Yes Moore Yes Swarner Yes
MoTaox rassED unrnrnNtousr,Y.
E-3. Ordinance No. 2177-2006 -- Increasing Estimated Revenues and
Appropriations by $2,500 in the General Fund for Police 1Yaining.
MOTION:
Council member Swamer MOVED for adoption of Ordinance No. 21766-2006 and
Council Member Moore SECONDED the motion.
- There were no public or council comments.
KENAI CITY COUNCIL MEE'l'ING
AUGUST 2, 2006
PAGE 5
VOTE:
*~tudent Representative Krusen: Yes
Ross Yes Moilo Yes Bo le Yes
Porter Yes Moore Yes Swarner Yes
MOTION PASSED UNA1vIMOUSLY.
E-4. Ordinance No. 2178-2006 -- Finding That Certain City-Owned Land.
Described as 1~-act A, Park View Subdivision (Parcel No. 04701018),
Consisting of 2.092 Acres and Shown on the Attached Map, is Required
for a Public Purpose.
MOTION:
Council Member Molloy MOVED for adoption of Ordinance No. 21'78-2006 and
Council Member Moore SECONDED the motion. .
There were no public comments. Information included in the packet was noted,
including the properiy was made available for sale in 1987, but the sale was never
finalized: because it had been over 20 years since the property was made available for
sale, and, the Planning & Zorung and Parks & Recreation Commissions were requested
to review the information and make recommendations whether the property was now
needed for public use. It was also noted, council could retain the property and
deternune not to sell it to anyone.
Discussion followed during which comments included:
• A desire for a survey of city-owned lands to determine what lands are
available, the zoning of those lands and suggested future uses for the lands.
• A request for review and recommendation of the Hazbor Commission.
• The property should be heid due probable increased value due to its
proximity to the beach, and the property is too valuabie to be used as a parking area
for dipnet fishery needs.
• As the owner, council has the ability not to sell property or lease it.
VOTEc
*Student Representative Krusen: No
Ross No Mollo Yes Bo le Yes
Porter No Moore No Swarner No
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 6
MOTION FAILED.
lYdOTION:
Council Member Ross MOVED to direct administration not to proceed with the sale of
the property and Council Member Swarner SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
Ross Yes Mollov Yes Bo le Yes
Porter Yes Moore Yes Swarner Yes
MOTION PASSED UNAIVIMOUSLY.
E-5. Resolution No. 2006-42 -- Approving a Contract to Zubeck, Inc. for the
Project Entitled Kenai Maintenance Shop Sewer E~ctension - 2006 for the
Total Amount of $58,136.'70.
MOTION:
Council Member Swamer MOVED for approval of Resolution No. 2006-42 and
requested IJNAYITIMOUS CONSENT.
There were no public or Council comments.
VOTE:
There were no objections. SO ORDERED.
~6. Resolution No. 2006-43 -- Rejecting All Bids for the Project Entitled
Kenai Soccer Park Construction -- 2006.
MOTION:
Councll Member Moore MOVED for approval of Resolution No. 2006-43 and Council
Member Molloy SECONDED the motion.
There were no public comments. City Manager Koch updated council on the project,
including:
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 7
• Part of the matching grant work was being done with city personnel and
the funds received from the Division of Parks was being used to clean and grub out an
access road between the fields.
_ • No other work wouid be done on the project this year.
• Funds will be available for next year's construction, with award of
contract in the spring.
• With the delay of the development, enough other fieids in the area will be
available for the state soccer tournament to be held in Kenai neict summer.
• Additional grant funds couid be received, which would increase the city's
rnatch (additional Daubenspeck Fund morues would be available for the match).
VOTE:
*Student Representative Krusen: Yes
Ross Yes Moilo Yes Boyle Yes I
~ Porter ~ Yes ~ Moore ~ Yes ~ Swarner Yes
NSOTION PASSED UNANIMOUSLY.
E-7. Resolution No. 2006-44 -- Rejecting All Bids for the Project Entitled Leif
Hansen Park Sprinklers -- 2006.
MOTYON:
Council Member Swarner MOVED for approval of Resolution No. 2006-44 and Council
Member Moore SECONDED the motion.
There were no public comments. Koch noted he wouid discuss with the State the
concem of placing sprinl~ler systems within the State's right of ways and he believed
the city should be able to build necessazy sprinkler systems for much less cost than
contracting out the work.
VOTE:
"Student Representative Krusen: Yes
Ross Yes Mollo Yes Bo le Yes
Porter Yes Moore Yes Swarner Yes
MOTION PASSED UNA1vIMOUSLY.
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 8
E-8. Resolution No. 2006-45 --'IYansferring $80,000 in the Airport Shop
Site Remediation Capital Project Fund.
MOTION:
Council Mernber Molloy MOVED for approval of Resolution No. 2006-45. Council
Member Swarner SECONDED the motion and requested UNAiVIMOUS CONSENT.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
E-9. Resolution No. 2006-46 --1Yansferring $75,000 in the Wellhouse 4
Capital Project Fund From Construction to Engineering.
MOTYON:
Council Member Molloy MOVED for approvai of Resolution No. 2006-46 (substitute)
and Council Member Moore SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDEREI3.
BREAIi TAKEN: 7:54 P.M.
BACK TO ORDER: 8:04 P.M.
ETEM F: MINUTES
F-1. Regular Meeting of July 19, 2006 -- Approved by consent agenda.
ITEM G: UATFIIVISIiED BUSINESS -- None.
YTEM Ii:
H-1. Bills to be Ratified
MOTION:
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 9
Council Member Ross MOVED to ratify the bills. Council Member Moore SECONDED
the motion and requested LTNAbiIMOUS CONSENT.
i~OTE:
There were no objections. SO ORDERED.
H-2. Approval of Purchase Orders Eacecding $15,OQ0
MOTION:
Council Member Swarner MOVED to approve purchase orders exceeding $15,000 and
requested LTNADiIMOUS CONSENT. Council Member Moore SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
H-3. Osdinance No. 2179-2006 -- Increasing Estimated Revenues and •
Appropriations by $250,000 in the Airport Fund to Purchase Fire
Training Props and Equipment.
Introduced by consent agenda.
H-4. Osdinance No. 2180-2006 -- Repealing the Existing KMC 21.05 (Airport
Admirustration and Operation), KMC 21.10 (Leasing of Airport Lands),
KMC 21.15 (Provisions Required) and KMC 21.20 (Policy Governing
Modification of Existing Leases), and Replacing Them With KNIC 21.05
(Airport Administration and Operation), KMC 21.10 (Leasing of Airport
Reserve i,ands) and KMC 21.15 (Lease and Sale of Airport Land Outside
of the Airport Reserve).
Introduced by consent agenda.
H-5. ApprovaY -- Lease Application -- Lot 2, Block 1, General Aviation Apron
Sub. #l, Amended -- Indcom Properties. LLC (Kenneth Dunbaz)
MOTIBN:
Council Member Ross MOVED to approve the lease application and Council Member
Swarner SECONDED the motion.
VOTE:
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 10
There were no objections. SO ORDERED.
H-6. Approval -- Lease Applications - Lots 9, 10, and 11, Block 1, F.B.O.
_ Subdivision - Indcom Properties, LLC (Kenneth Dunbar).
MOTION:
CounciI Member Swarner MOVED to approve the lease applications for Indcom
Properties, LLC identified as Lots 9, 10, and i i and requested iJNADIIMOUS
CONSENT. Council Member Moore SECONDED the motion.
Molloy noted comments included in the packet memorandum indicating the Planning
& Zoning Coinxnission's recommendation to approve the lease applications provided
the Council require any hangars built on Lots 9 and 10 to be used for commercial
aviation-type activities to insure the leases comply with the Airport Master Plan.
MOTYON TQ AMEND:
Council Member Molloy MOVED to amend the motion to add the Planning & Zoning
Commission's condition. Council Member Swarner SECONDED the motion and
requested iTNE9NIMOUS CONSENT.
Koch noted the applicant was made aware of the recommendation as a copy of the
same memorandum was fonvarded to hun.
VOTE ON AMENDMENT:
*Student Representative Krusen: Yes
Ross Yes Mollo Yes Bo le Yes
Porter Yes Moore Yes Swamer Yes
MOTION PASSED UNANYMOUSLY.
VOTE ON MAIN LiMENDED MOTION:
*Student Representative Krusen: Yes
Ross Yes Mollo Yes Bo le Yes
Porter Yes Moore Yes Swarner Yes
MOTION PASSED UNAiVIMOUSLY.
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 11
H-7. Approval -- Amendments to City of Kenai Muu-Grant
Overview/ Procedures.
I3~moved from agenda.
H-8. Discussion -- Identification of Priorities for $322,000 Legislative Alaska
Department of Commerce & Community Economic Development Grant
Fl.inding.
Koch referred to information included in the packet, noting the city received a
$322,000 grant from the Department of Commerce & Community Economic
Development; he is in the process of sending in grant language to use the funds for
any public purpose; and, he believes a portion of the funds could be used for the
Shamrock Circle LID (estimated cost of $89.500). Koch noted other suggestions for
use of the funds, but requested councff to delay detern-uning where the remairung
funds might be used until a more comprehensive plan is prepared.
No action was required.
H-9. Discussion -- Proposed Statewide Anti-Methamphetamine Abuse
Education Campaign.
Koch reviewed information included in the packet from the Kenai Peninsula Borough
Mayor's office requesting members of the Peninsula Conference of Mayors to consider
pledging $2,500 toward a statewide anti-methamphetamine abuse education
campaign. It was also noted, no actual cash contributions were being requested at
this time until mecharucs of how the funds would be spent is devised.
Kenai Police Department Lt. Wanamalter game a bdef report of City, Peninsula and
statewide problems related to methamphetamine abuse. Council had no objections to
pledge 52,500, but no firm commitment would be made until a plan is presented for
its consideration.
H-10. Discussion -- Extension of Construction Schedule/Lots 13 & 14, Block
1, Cook Inlet Industrial Air Park -- David and Michael Schilling. d/b/a
Schilling Rentals.
MOTION:
Council Member Ross MOVEI~ for approval of a one-year e~tension. Council Member
Swarner SECONDED the motion and requested LJNANIMOUS CONSENT.
Moore stated an objection to unarumous consent noting concerns with allowing
projects to drag on. Koch reported that was also a concern of Administration, but in
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 12
speaking with the Schillings, he explained the city would eacpect and demand, by
terms of the lease, for the construction to be substantially complete by the new date
and the Schillings understood. It was also noted, if council approved the extension to
tlle completion date, an amendment would need to be made to the lease.
VOTE:
*Student Representative Krusen: Yes
Ross Yes Mollo Yes Bovle Yes
Porter Yes Moore No Swarner Yes
MOTYON PASSED.
ITEM I: COMMISSION/COMMYTTEE REPORTS
I-1. Council on Aging -- It was reported the nezct meeting was scheduled for
August 3. 2006.
Y-2. Airport Commission -- Council Member Swarner reported the next
meeting would be heid on August 10, 2006.
I-3. FIarbor Commission -- Public Works Manager Komelis reported the
August 7, 2006 meeting was cancelled due to a lack of agenda items.
Y-4. Librasy Commission -- Council Member Molloy reported on the meeting
held August l, 2006 and noted:
. Passed a motion to request council and administration to prepare and
approve a resolution to submit to the Legislature indicating the city's interest in
acquiring the old courthouse buiiding for the library expansion.
• The Cominission chose their first option as acquisition of the old
courthouse building and their second as a new site.
Council's direction was for administration to include the issue as an agenda item after
receiving a response from the state as to the availability of the building and if
appropriate, a resolution could be prepared for council consideration at that time.
I-5. Parks & Recreation Commission -- It was noted. the next meeting was
scheduled for August 3, 2006.
Y-6. Planning & Zoning Commission -- Council Member Ross reported the
minutes of the July 26, 2006 meeting were included in the packet and reviewed
actions taken.
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 13
I-7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee -- Swarner reported the ne~tt meeting would
be held on August 8, 2Q06.
I-7b. Alaska Municipal League Report -- Swarner reported the AML Summer
Meeting would be held August 10-12. 2006 in Homer and she planned to attend.
I-7c. Stranded Gas -- Ross noted copies of resolutions the Comxnittee had
passed and forwarded on. He also noted, another member of council or
administration should be assigned as an altemate to the Committee.
ITEM J: REPORT OF THE MAYOR
Mayor Porter reported the town clock dedication was very successful.
ITEM K: ADMI1vISTRATION REPORTS
K-1. City Manager -- City Manager Koch reported the following:
• Referred to his memorandum in the packet expl~ining his continuing •
compilation of questions to use for a community poll, but does not pIan to begin the
poll until after election season.
• Noted his letter to AAI (included in the packet) confirnung their interest
in the City purchasing the trainer assets and other equipment currently housed at the
PRISM facility.
• Noted his letter responding to a letter from the Kenai Chamber of
Commerce Director relating to KEDS quality of life concerns.
• The B. Lowe purchase of property from the city did not reserve public
access rights and the plat will reflect there is no public access.
• Met with Lowe's representatives who gave an update of the traffic iznpact
analysis and their developmenYs progress.
F~-2. Attomey -- Attorney Graves reported the following:
• The mixed use zone ordinance would be before council in the nea~t packet
for introduction.
• The land code amendment ordinance has been completed but it will not
be before council until after the airport land code amendment ordinance has been
considered.
• An ordinance amending the Airport Commission code is being developed.
K-3. City Cler~s -- Clerk Freas noted the nomination petition period and
explained there were two, three-year term seats and, due to the resignation of Councll
Member Massie, a one, one-year seat all to be on the October City election ballot.
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAG~ 14
ITEM L: DISCUSSION
~1. Citizens
Barry Eidridge, 2679 Bowpicker Lane, Kenai -- Gave a brief description of the mixed
use zone parameters. Ross suggested back-up information that had been distributed
during the Commission's consideration of the zone be provided to council before the
public hearing.
Bob Peters, Old Town -- Noted the following:
• Pleased the city manager is considering doing some work done in-house
instead of contracting it out as well as buying used equipment and rebuilding it.
• Congratulated Student Representative Krusen and wished hun well at
college.
• Noted his concems related to people wallcing on the bluff and destruction
of the bluff taking place and suggested stronger language on the signage be provided.
Porter suggested administration meet with Peters at the bluff and discuss the
concerns. Council had no objections.
I,-2. Council
Moore -- Thanked Krusen for his participation and wished him good luck.
Swarner -- • Thanked Krusen for his participation and wished him good luck.
• Tickets are available for the Kenai Peninsula Food Bank Soup Supper.
• Gave an update on the grant she wrote for the library youth azea
renovation.
Krusen -- Thanked council and administration for his opportunity to participate as
the Student Representative to Council and noted it was an excellent experience.
Ross -- Thanked Krusen for his participation and Councll Member Massie for his
dedication to the city.
Molloy -- Thanked Krusen for his participation and hard work. He also thanked
Council Member Massie for his service to the community.
Boyle -- Thanked Krusen for his participation and Council Member Massie for his
service to the community.
EXECUTIVE SESSYON -- None Scheduled
KENAI CITY COUNCIL MEETING
AUGUST 2, 2006
PAGE 15
ITEM M: ADJOURNMENT
T~iere being no further business before the Council, the meeting adjourned at
approximately 9:00 p.m.
Minutes submitted by:
Carol L. Freas, City Clerk
*The student may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast prior to the official council vote and
shall not affect the outcome of a voteo Advisory votes shall be recorded in the minutes.
Student representatives may not move or second iteans during a council meeting.
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Suggested by: Administration
CYTY OF KENAI
ORDINANCE NO. 2181-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ES'I'IMATED REVENUES AND APPROPRIATIONS BY $20,000 IN
THE GENERAL FUND LIBRARY DEPARTMENT FOR A STATE GRANT.
_ WHEREAS, the City of Kenai was awazded a$20,000 grant from the State of
Alaska for library books and computers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
General F~xnd
Increase Estimated Revenues:
State Grants ~2.~
Increase Appropriations:
Library - Small Tools $8,000
- Books 12.000
20 000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sicth day of
September, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
~~i~
Approved by Finance: ~Z~`~
(O8/03/2006) hl
Introduced: August 30, 2006
Adopted: September 6, 2006
Effective: September 6, 2006
~_~
Suggested by: Administration
CITY OF KENAI
NO. 2182-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $40,000 IN
THE GENERAL FUND POLICE DEPARTMENT FOR A STATE GRANT.
WHEREAS, the City of Kenai was awazded a$40,000 grant from the State of
Alaska for replacement of lockers, benches and seats in the Police Departxnent.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
General Flind
Increase Estimated Revenues:
State Grants $40,000
Increase Appropriations:
Police - Repairs and Maintenance $40,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
September, 2006.
PAT PORTER, MAYOR
ATTEST:
Caroi L. Freas, City Clerk
Introduced: August 30, 2006
Adopted: September 6, 2006
Effective: September 6, 2006
Approved by Finance: /~
(O8/03/2006) hl
H-
Suggested by: Administration
CYTY OF KENAI
NO. 2183-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
THE EXISTING KMC 7.30 (AIRPORT LAND AND TERMINAL) AND REPLACING PI' WITH
A NEW KMC 7.30 (AIRPORT LAND SALE PERMANENT FUND).
's
WHEREAS, the City of Kenai has engaged in a Suppiemental Airport Master Plan
process to update and modernize the management of the airport and its land system;
and,
WHEREAS, the existing Airport Iand Fund Ternunal ordinances were designed to
secure payment of airport bonds which have long since been repaid; and,
WHEREAS, the airport consultants have recommended revisions of KMC 7.30 to
modernize the financial system of the airport and reflect the payment of the airport
bonds; and,
WHEREAS, the new KMC 7.30 creates an airport pennanent fund to ensure that
proceeds from airport land and operations are used for the benefit of the Kenai
Municipal Airport as required by grant assurances, deed restrictions and federal law;
and,
WHEREAS, it is in the best interest of the City of Kenai to adopt a new KMC 7.30
entitled "Airport Land Sale Permanent Fund."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the existing KMC 7.30 (Airport Land and Terminal) is hereby repealed
and repiaced by the new KMC 7.30 (Airport I,and Sale Permanent Fund) as shown
below.
Chapter 7.30 AIRPORT LAND SALE PERMANENT FUND
7.30.010 Airport Land Sale Permanent Fund
A separate fund of the City of Kenai is hereby established as the Airport
Iand Sale Permanent fund. The purpose of the fund is to account for the
principal proceeds of the sale of airport Land. Airport Lands shall
consist of all land owned by the City of Kenai and held by it for the use or
benefit of the Kenai Murucipal Airport under the terms of the 1963
Quitclaim Deed from United States of America recorded at Book 27, Page
303 at the Kenai Recording District, Kenai. Alaska. Additionally, any
other land owned by the City and acquired with airport fiands shall be
Airport Lands.
(a) The Airport I,and Sale Permanent Fund shall be a restricted fund.
The establishment of the fund known as the Airport Land Sale
Ordinance No. 2183-2006
Page 2 of 2
Permanent Fund is within the discretion of the Kenai City Councff. Deed
restrictions, federal regulations and grant assurances require that airport
funds be used for the use and benefit of the Kenai Municipal Airport.
(b) The net proceeds received by the City on closing sale of Airport
Lands shall be deposited in the Airport Land Sale Permanent Fund.
Where notes are taken in payment for Airport Lands, all principal
payments on said notes shall be deposited in the Airport Land Sale
Permanent Fund. Interest on notes taken in payment for airport lands
= shall be transferred to the Airport Enterprise Fund.
(c) Money placed in the Airport Land Sale Pemianent Fund shall not
be available for use by the City for any purpose other than for
investments in accordance with City ordinances.
(d) Interest or income earned by the Airport Land Sale Permanent
Fund shall be deposited in the Aizport Enterprise Fund. The City
Council may, by ordinance, transfer funds from the Airport Enterprise
Fund to the Airport Land Sale Permanent Fund. After such a transfer,
the money will become a part of the Airport Land Sale Permanent Fund
to be used only for the investment purposes for which the Fund is
established.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
September, 2006.
PAT PORTER, MAYOR
ATfEST:
Cazol L. Freas, City Clerk
Introduced: August 16, 2006
Adopted: September 6, 2006
Effective: October 6, 2006
(8I4/06 sp)
~_
Suggested by: Library Comuiission
CITY OF KENAI
ORDINANCE NO. 2184-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI. ALASKA, AMENDING
PORTIONS OF KMC 1.56 (KENAZ MUNICIPAL LIBRARY DEPt~IYi'MENT) AND KMC 1.57
(LIBRARY COMMISSION) REGARDING LENDING POLICIES, AND REPLACING THE
~EERM "LIBRARtAN" WITII "LIBRARY DIRECTOR."
WHEREAS, KMC 1.56 and KMC 1.57 contains the city ordinances relating to the
Kenai Community Library and the Kenai Library Coimnission; and,
WHEREAS, the Kenai Library Cominission has recommended amendments to KMC
1.56 regarding lending policies and changing the term "LiUrarian" to "Library
Director"; and.
WHEREAS, the Kenai Library Cominission is charged under KMC 1.56A10(c) to make
recommendations to the Kenai City Council regarding library matters: and.
WHEREAS, it is in the best interest of the City of Kenai to amend the Kenai Municipal
Code as shown in Attachment A.
NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI.
ALASKA, that KMC 1.56 and KMC 1.57 aze amended as shown in Attachment A.
PASSED BY THE COUNCIL OF THE CPI'Y OF KENAI, ALASKA, this sixth day of
September, 2006.
PAT PORTER, MAYOR
A'i'I'EST:
Carol L. Freas, City Clerk
Introduced
Adopted:
Effective:
August 16, 2006
September 6. 2006
October 6, 2006
(8/3/06 sp)
Chapter 1.56
KENAI MUNICIPAF, LIBRARY DEPARTMENT
1.56.010 Creation.
There shall be a Municipal Library Department, the head of which shalI be the Librarian,
appointed by the City Manager for an indefinite term. The [LIBRARIAN] Librarv Director shall
be an officer of the City and have supervision and control of the Kenai Community Library.
_1.56.020 Authority for adoption of rules, regulations, and fines.
~ The [LIBRARTAN] Librarv Director shall estabiish rules and regulations for conduct on the
property of, and use of, the Kenai Community Library and library materials and a fine or penalty
charge schedule for overdue, damaged, or failure to return loaned library property, which rules
and regulations shall be effective after approvaf by City Councii and after being posted in a
location within the library readily visibie by library patrons.
1.56.025 Library cards.
No materials will be loaned from the library except to parties having a valid library
identifica[ion card which is not subject to any unpaid fines or penalties in excess of $10. Such
library identification card will be issued to any resident of the area making application therefor
and upon a form prepazed by the Librarian and containing an agreement to be responsible for all
materials borrowed thereon and to pay any fines, charges, or penalties imposed by misuse of
library property. However, no such card will be issued to a minor (under the age of 18) unless the
application for said card is also signed by a pazent of such child or one standing in place of the
pazent who is willing to assume responsibility for the child and for any misuse of library
privileges.
1.56.030 Sleeping and resting prohibited.
No one shali sleep within the library or outside the library upon library property at any time
nor shall anyone lie in a reclined position within or outside the library or library grounds. To lie
in a reclined position means to position one's body parallel to the floor or ground whether one is
on the floor, ground, a table, bench, chairs, couch, counter, shelves, card cases, or any other item
of furniture.
1.56.040 Refusing to return loaned material.
No person, firm, or coiporation shall knowingly refuse to retum any reading material,
including books, periodicals, newspapers, maps, atlases, or any non-reading material including
cassettes, record players, screens, and projectors loaned to said person, firm, or corporation
within thirty (30) days after said reading or non-reading material becomes overdue. (Ord. 536)
1.56.045 Lending policy where loaned material not returned.
Lending privileges for any library materials will be suspended on any library cazd on which
materials have been loaned and have not been returned when due or on which any fines, chazges,
or penalties in excess of $10 have been assessed which aze in arrears. [WfiERE PRIVII.EGE OF
ANY MEMBER OF A FAMIi.Y GROUP WHO IS A HOLDER OF A LIBRARY CARD HAS
BEEN SUSPENDED UNDER TERMS OF THIS SECTION, THE LIBRARIAN IS '
AUTFIORIZED, BY GIVING PRIOR WR1T'I'EN NOTICE OF SUSPENSION TO A
Ordinance 2184-2006 Attachment A
Page 1 of 2
PARENTAL FIGURE AT THE ADDRESS ON THE CARD, TO SUSPEIv'D THE USE OF
ALL OTHER LIBRARY CARDS OF THE FAMILY GROUP UNTIL THE OVERDUE
MATERIALS HAVE BEEN RETURNED OR THE FINES, CHARGES, OR PENALTIES ON
THE SUSPENDED CARD HAVE BEEN FLILLY PAID.]
1.56.050 Penalty.
In addition to any fine levied or other penalty imposed pursuant to this ordinance or
regulations imposed thereunder, any person, firm, or corporation who shall violate any provision
qf this chapter including any rules and regulations as herein set forth, or fail to comply [herewith
upon conviction thereof shali be punished by a fine as provided for violations in KMC
13.05.010.
Chapter 1.57
LIBRARY COMMISSION
1.57.010 Duties and powers.
The Commission shall be required to do the following:
(a) Develop, adopt, alter, or revise subject to approval by the City Council, a master plan for the
physical development of library facilities for the City;
(b) Submit annually to the City Manager and Council a list of recommended capital and other
improvements in regards to the library;
(c) Make recommendations regarding any matter related to library service;
(d) Serve as the liaison between the public and the City Council in regards to library service;
(e) Work closely with the Friends of Che Kenai Community Library [BOARD] for the betterment
of the Kenai Community Library;
(~ Shall act in an advisory capacity in the selection of the [CITY LIBRARIAN] Librarv
Director.
1.57.020 Library regulations.
The Library Regulations shall be as listed under the regulations section in the Kenai Code,
Supplement #18, adopted on September 20, 1982, and all future updates.
Ordinance 2154-2006 Attachment A
Page 2 of 2
-
Suggested by: Planning & Zoning Comnussion
CITY OF KENAI
ORDINANCE NO. 2185-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING
A CENTRAL MIXED USE ZONE (CMU) AT KMC 14.20.125 AND AMENDING THE
IrARIOUS PARTS OF THE KENAI ZONING CODE BY ADDING THE PROVISIONS TO
ENCOMPASS THE NEW ZONE, AND UPDATING PORTIONS OF THE LAND USE
TABLE AT KMC 14.22.010.
WHEREAS, the City of Kenai Zorung Code does not have a zone designed for a mixture
of commercial and residential use; and,
WHEREAS, it is desirable to have a zone designed for a centrally located, pedestrian-
friendly area for general retail shopping, personal and professional services,
entertainment and restaurants to be miaced with residential uses: and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan calls for the establishment of
such a central mixed use zone: and,
WHEREAS, such a zone would be called the Central Mixed Use zone (CMU); and,
WHEREAS, it is in the best interest of the City of Kenai to establish a Central Muted
Use zone as described above; and,
WHEREAS, amending the Land Use Tabie categories of "Automotive Repair/Tire
RecappingJRebuilding" to "Automotive Repair," "Sanitariums" to "Assisted Living," and
"Farming/Gazdening and General Agriculture" to "Farming/General Agriculture"
would aid in better deternuning which uses are allowed in the various zones within the
City; and,
WI-IEREAS, adding defuutions of the terms farming, agriculture, assisted living.
hospital and assemblages will aid in better understanding land uses in the City of
Kenai; and,
4VHEREAS. Footnote 21 of the Iand Use Table should be amended to substitute
"Development" for "Setbacks" to better regulate lot size in the Central Commercial and
Central Mixed Use zones.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALt1SKA that:
9ECTION I.
KMC 14.20.125--A Central Mixed Use Zone (CMU) is enacted as
set forth in Attachment A.
Ordinance No. 2185-2006
Page 2 of 2
SECTYON II.
KMC 14.22.010--The Land Use Table and its footnotes are
amended as set forth in Attachment B.
SECTYON III.
KMC 14.24.010 and 14.24A20-The Development Requirements
= Tables are amended as set forth in Attachment C.
SECTION IV.
KMC 14.20.220-The Sign Code and Sign Code Table are
amended as set forth in Attachment D.
SECTYON V.
KMC 14.20.320--The defuutions aze amended as set forth in
Attachment E.
SECTION VI.
KMC 14.25.020-The Landscape/Site Pian Requirements are
amended as set forth in Attachment F.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
September, 2006.
PAT PORTER, MAYOR
ATfEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
August 16. 2006
September 6, 2006
October 6, 2006
(7/?/06 spj
14.20.125 Centra- Mixed Use Zone (CMU ZONE)
(a) Intent: The CMiJ Zone is established provide a centrally located area in the Citv
forgeneral retail shopping personal and professional services, entertainment
establishments restaurants and related businesses. The district is also intended ta
accommodate a mixture of residential and commercial uses with conflict beine
resolved in favor of business. The CMiJ Zone shall be desiened to encourage
pedestrian movement throuQhout the area. Building and other structures within
_ the district should be compatible with one another and the surroundine area.
~ (b) Princinal Pernutted Uses: As allowed in the Land Use Table.
(c) Conditional Uses: As allowed in the Land Use Table and subiect to the
provisions of this charoter.
(d) Accessorv Uses: As defined. (See definitions in KMC 14.20.320)
(e) Home Occuoations: Uses as allowed in this chapter
(~ Parking Requirements: As required bv this chapter.
(g) Development Requirements:
(1) No open storage shall be located closer than twentv-five feeC (25') Co the
adjoininQ ri¢ht-of-waV of anv collector street or main thorouQhfare. Anv open
storage in front or side vard visible from a collector street shall be enclosed with
an eight-foot (8') high commercial erade fence;
(2) As set forth in KMC 14.20.250(b)(4)(B).
(h) Landscaping: As required in KMC 14.25.
Ordinance No. 2185-2006 Attachment A
Page 1 of 1
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14.22.010 Land Use Table Footnotes
1. Allowed as a secondary use except on the ground floor of the part of the building fronting
on collector streets and major highways.
2. One (1) single-family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable azea per dwelling unit shall be the same as that required for dwelling units
in the RS zone;
b. The site square footage in area must be approved by the Commission;
~- c. Yards azound the site, off-street parking, and other development requirements shall be
the same as for principal uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of ali applicable health
regulations,
e. The proposed dwelling group will constitute a residential area of sustained
desirabiliry and stabiliCy; will be in hazmony with the chazacter of the surrounding
neighborhood, and will not adversely affect surrounding property values;
f. The buildings shall be used only for residential putposes and customary accessory
uses, such as gazages, storage spaces, and recreational and community activities;
g. There shall be provided, as part of the proposed development, adequate recreation
areas to serve the needs of the anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for
which the access streets are designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See "Townhouses" section.
5. See "Mobile Homes" section.
6. Aliowed as a conditional use, subject to "Mobile Homes" section and provided that any
mobile home pazk meets the minimum Federal Housing Authority requirements.
7. See "Planned Unit Residential DevelopmenP' section.
8. Allowed as a conditional use, provided that the proposed location and the chazacteristics
of the site will not destroy Che residential character of the neighborhood.
9. Allowed as a conditional use, provided that all applicable safety and fire regulations are
met.
10. Provided that no patt of any building is located nearer than thirty (30) feet to any
adjoining street or property line.
11. Allowed as a conditional use, provided that no part of any building is located nearer than
thirty (30) feet to any adjoining street or property line and provided further that the
proposed location and characterisYics of the use wili not adversely affect the commercial
development of the zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the siae and chazacteristic of the site will
ma~cimize its benefit to the public;
b. Exits and entrances and off-street parking for the use aze located to prevent traffic
hazazds on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions
aze adequate to assure that the use will not be a nuisance to surrounding properties. The
Commission shall specify the conditions necessary to fulfill this requirement.
Ordinance No. 2185-2006 Attachment B
Page 4 of 5
14. Ailowed as a conditional use, provided that no indication of said use is evident from the
exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleazed buffer strip of at least thirty (30) feet shall be provided between said use
and any adjoining property in a residential zone.
b. Exits and entrances and off-street pazking for the use shall be located to prevent
traffic hazards on the public streets.
16. See "Conditional Uses" section.
17. See "Conditional Use Pernut for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government
lands.
19. Deleted by Ordinance 2144-2006.
20. The airport related uses allowed under this entry aze aircraft approach zones per KMC
14.20.070(a), except that for properties contained inside the airport perimeter fence or
having access to aircraft movement areas, ramps, taxiways or pazking aprons, FAA
authorized uses are allowed.
21. [SETBACKS] Development for use shall be the same as those listed in the "Development
Requirements Tables" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a pernutted use in the ED zone. For
example, housing for teachers or students for a school in the zone.
23. Allowed as an accessory use in conjunction with a pernutted use in the ED zone. For
example, a dornutory used to house students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g.
gift shop or coffee shop within another business).
25. Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries,
fitness centers, photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4)
months per year.
Ordinance No. 2185-2006 Attachment B
Page 5 of 5
14.24.010 Minimum lot area requirements.
KEY: N=Not allowed
DEVELOPMElVT REQUIREMENTS TABLE
Zonin Districts
`[TSES C/RR RRl RS RSl RS2 RU/TSH IL/IH/CC/CG/CMU R ED LC
MINIMUM LOT
AREA
(s uare feet)
See individual sections
Sing(e/'Two/Three of Code for
Familv Dwetlin 20,000 20,000 7,200 12,500 7,200 7,200 re uirements 20,000 20,000 12,500
Four Family
Dwellin 20,000 22,400 9,600 N N 7,200 N N L2,500
Five Family
Dwellin 22,400 N 12,000 N N 7,200 N N 12,500
Six Family
Dwellfn 24,800 N 14,400 N N 7,200 N N 12,500
27,200 + 16,800 +
2,400 for 2,400 for
Seven or More each unit each unit
Famil Dwe(lin over 7 N over 7 N N 7,200 N N 12,500
Footnotes:
( i) Listed squaze footages aze [he minimum required for each zone.
(2) Greater lot squaze footages may be required to sa[isfy Aluka Department of Environmental Conservation
(ADEC) requirements where on-site water suppiy and/or sewer is necessary.
(3) Minimum tot size for non-residential uses in ED zone is 40,000 squaze feet.
(4) Minimum lot size for residential uses in the CMU zone is 7 200 s uaze feet.
Ordinance No.2185-2006 Attachment C
Page 1 of 2
14.24.020 General Requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICT
,~
USES
C/RR
RRl
RS
RSl
RS2
RU/TSI-I IL/IH/CC/
CGlCMU
R
ED
LC
MINIMUM LOT Widt6 (feet)
90
90
60
60
60
60
90
90 90
MINIMUM LOT Size (feet)
FronCi 25 25 25 ZS 25 10 25 ZS 25
Side Z
One-Story 3
Day-light BasemendSplit Level 3
Two-Stocv 3
15
15
15
5
10
IS
5
10
IS
5
10
15
5
10
15
5
5
5° See individual
sections of
Code for
requirements
15
IS
15
IS
15
15
15
15
15
Rear 20 20 20 20 20 10° 20 20 20
Masimum Lot Covera e 30% 30% 30% 30% 30% 40% 30% 30% 30%
Mazimum Hei ht (feet) 35 35 35 35 35
Footnotes:
(1) Provided that the minimum &ont setback is measured from any righFOf•way or access easement.
(2) Side setbacks aze deterrzdned independendy from [he front view of the svucmre. Ptat plan/As-built will
distinguish single and cwo-story porcions of building to venfy setback distances aze met.
(3) Story is the portion of the building included between the upper surface of any Floor and the upper surFace of
the floor next above or the ceiling or roof above.
One-story is defined as a story having direct access from grade level withou[ a lower story. A structure
having a lower story simated below a one-story is wnsidered a one-scory stcucmre in ics entirety.
Two-story is defined as one-story plus more than one-half (1/2) the height of [he lower story all siNated
above grade.
Daytight bazemenUsplit level is defined as one-story plus less than one-half ( t/2) the height of the lower story
all situated above grade.
For pueposes of these f'oomotes, Grade is defined as the lowest point of elevation of the finished surface e of
the ground be[ween [he building and a line five (5) feet from the building.
(4) Except that for each story over Iwo (2) stodes, each side and rear yazd shall be increased three (3) feet, but
need not exceed founeen Q 4) feet for each side yazd and nineteen (19) feet for the reaz yazd.
Ordinance No. 2185-2006 Attachment C
Page 2 of 2
14.20.220
(f1 Siens are allowed as fotlows:
(1) Allowed Signs Not RequirinQ a Permit.
(A) Public siens erected bv or on behalf of a eovernmental bodY to post leeal notices,
identifv public propertV, conve~public information, and direct or reeulate pedestrian or
vehiculaz traffic.
_(B) Personal messa~e signs of a total of not more than five (51 square feet conCainin~
- noncommercial messaQes.
(C) Traditional holidav decorations.
(D) Temporary banners of not more than thirty-two (32) square feet. No temporarv banners
shall be insCalled or placed for a period to exceed thirtv (30) davs in any ninetv (90) dav
ep riod•
(E} Siens in the nature of comerstones, commemorative plaques, historical siQns, buildinQ
name or street number.
(F) SiQns within a buildine or on a structure or fence located at an outdoor sporting event,
sporting facility or sports field.
(G) Temporary signs of not more than five (5) squaze feet advertisinQ such items as "vard
sale," "eazaQe sale," "prooertv for sale." "open house," or `9emonade" mav be
disolaved for one (1) week. 5uch si~ns must displav the name, address and telephone
number of an adult person conductineJsupervisine such sale and must be dated.
(I~ Siens erected on a lot or lots that aze fenced or screened so that no part is visible from a
public right-of-wav or another lot.
Q) Construction SiQns. During construction, repair, or alteration of a structure, temqorarv
signs that denote the architectural or eneineerinQ firm, contractor or builder that denote
the name of the structure and its use or occupants-to-be mav be erected on the
construction site. Each sign shall be thirtv-two (32) square feet or less in size and no
more than one (1) such s~n shall be permitted for each architectural or engineerinQ
firm, contractor, builder, owner or denotine the name use and occupants-to-be of the
structure. Anv of these may be combined on one (1) or more si¢ns but the rotal squaze
footage of the sien or si~ns shall not exceed that set out above. All construction siQns
shall be removed when the construction is completed.
~Jl A fla¢ or insignia of any nation o~anization of nations state borouQh, city, reli¢ious,
civic, fraternal organization or educational institution except flaas used in connection
with a commercial promotion or as an advertising device.
(K) Event Siens. One (1) unli@hted sien of up to thirty-two (32) s4uaze feet ma ~Lbe
displayed for the pumose of announcing an event of civic, philanthropic, educational or
religious orQanization. Si~ns may be instalied no sooner than ten (10) davs prior to the
event announced and shall be removed within five (5} davs after the event. No event
signs mav be installed for a period exceedine thirtv (301 days in an n~ty (90) dav
period. The ninety (90) da~period beQins on the first day the event sign is displaved.
Event signs shall contain the date of their placement.
(I,) Real estate siQns of thirtwtwo (32) square feet or less used to advertise the sale or lease
of the propertv on which the sign is located.
Ordinance No. 2185-2006 Attachment D
Page 1 of 8
(M) A sandwich board sien of not more than sixteen (16) square feet exclusive of other
si~ns allowed.
(1~ Political SiQns Political siens shall be removed wiYhin two (2) weeks after th~ date of
Che election that the siens were displaved to promote• provided that si~ns erecCed for
any primarv election that remain relevant to the followine general election mav be
maintained until two (2) weeks followine the general election If after reasonable
notice, such signs are not removed the Citv may remove them and the candidate
oreanization or person who caused the sien to be placed mav be chazged for said
removal.
2) Allowed Signs Reauiring a Permit.
(A) One (1) freestandin~or marquee per lot of not more than sixtv-four (64) sauare feet
(B) Siens Identifving a Home Occupation One (1) sien per use not exceedinQ five (51
square feet Such sign shail be no closer than ten feet (10') Co anypropertv line or shall
be flat aeainsC Che buildine. No lightin¢ is permiCted.
(C) Bulletin Boards. Bulletin boards or permanent chan~eable letter siens located on the
premises shall be vermitted for churches schools communitv centers and public
charitable or institutionat uses. Such sians shall conCain no more than thirtv-two (32)
square feet in area. Such siens mav be used as wall siens• mav be used as ground sig_ns
when located a minimum of ten feet (10') from the street lot line• mav be indirectly
illuminated.
(D) A permanent subdivision sis~m mav be niaced at one (1) entrance to a subdivision and
mav contain only the name of the subdivision. Such sien shall not exceed thirt, -~
{32) square feet. Anv illumination shall be by indirect means
f31 Prohibited Signs.
(A) Audio siens.
(B) Beacon si ng~s.
(C) Fence siens.
(D) Roof si n~s.
(E) Rotatine signs.
(F) Unauthorized signs in the riQht-of-wav or on citv propertv Such signs mav be removed
and disposed of without notice.
(G) S~ns that are higher than twelve feet (12') above the adjacent ground or pavement
levei.
(I-~ Signs containing profane or indecent words or iliustrations
(I) SiQns containinQ electrical equipment or electrical appazatus of any kind that causes
interference with radio television or telephone si¢nals and reception
(7) Signs olaced on trailers or vehicles. which as parked orlocated are desiened to
primarilv to displa said sigtt This does not apply to siens or letterin~ on buses taxis
or vehicles operated in the normal course of business.
(K) Flashine or internuttent illumination are not permitted
(L) Balloons or other inflatable or gas-filled figures or siens
(M) Si¢ns not mentioned in the code are prohibited.
(N) No sign shall be erected at anv location where bv rcason of the position shane
intensity, or color of such sien it may interfere with, obstruct the view of or be confused
Ordinance No. 2185-2006 Attachment D
Page 2 of 8
w_ith anv authorized traffic sien, si~nal or device. No sien shaii be attached to any
traffic sren or si~nal device, or to an~pubiic si ne or sienpost.
(O) No si~n other than oublic sians shall be olaced wichin twenCV feet (20'1 of anv
intersection as measured from the nearest intersection of street neht-of-wav lines.
(P) No off-premises commercial advertising signs, including billboards, except as allowed
in subsection (fl(1)(G) of this section, or at an oucdoor sportinQ event, sports facilitv, or
sports field.
(Q) Portable siens.
[(t~] ~ Nonconfornung Signs.
(1) After the enactment of this section, signs located within the City of Kenai on the effective
date of this section that do not conform to the requirements of this code shall be classified as
legal "nonconfornung" signs if the sign was in compliance with applicable law on the date of
adoption of this code.
(2) A legal nonconforming sign shall immediately lose its legal nonconfornung designation if:
(A) The sign is altered in any way in structure which tends to increase its nonconformity with
the requirements of this code;
(B) The sign stmcture is relocated;
(C) The sign (except for copy on a changeable copy sign) is replaced.
Upon the occurrence of subsections (~(2)(A), (t~(2)(B) or (~(2)(C) of this section, the sign
shall be immediately brought into compliance with this code with a new pernut secured or it
shall be removed.
[(g)] ~ Specific Definitions Pertaining to Signs.
(1) "Applicant" means any for-profit or nonprofit enterprise, or organization, or any individual
not acting on behalf of such an enterprise or organization.
(2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or
singing.
(3) `Banner" means a sign construction of flexible materiai, such as cloth, which moves upon
being subjected to pressure by the wind.
(4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any
direction or directions or capable of being revolved.
(5) "Combination sign" means a sign incorporating any combination of the features of pole,
projecting, and roof signs.
Ordinance No. 2185-2006 Attachment D
Page 3 of 8
(6) "Curb line" means the line at the face of the curb neazest to che street or roadway. Tn the
absence of a curb, the curb line shall be eseablished by the City Engineer.
(7) "Display surface" means the azea made available by the sign structure for the purpose of
displaying the advenising message.
(8) "Electric sign" maans any sign containing electricai winng, but does not include signs
illuminated by an exterior light source.
(9) "Fence sign" means a sign other than a real estate or home occupation sign displayed upon
fences or upon walls that are not an integral part of a building or walls that are used as fences.
(10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly
by a building.
(11) "Ground sign" means a sign which is supported by one (1) or more uprights, poles, or
braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by
this Code.
(12} "L,egal setback line" means a line established by ordinance beyond which a building may
not be buil[. A legal setback line may be a property line.
(13) "Marquee" means a permanent weatherproof structure attached to, supported by a building,
and projecting from the wall of the building.
(14) "Pole sign" means a sign wholly supported by a sign structure in the ground.
(15) "Political sign" means a sign promoting a candidate for political office, or promoting any
position on a bailot proposition.
(16) "Portable display surface" means a display surface temporarily fixed to a standazdiaed
advertising structure that is regulazly moved from structure to structure at periodic intervals.
(17} "Portable sign" means a sign other than a temporary sign that is not attached to any
building or structure. It may readily be moved from one (1) loca[ion to another. It is designed to
rest on the ground when dispiayed and may be with or without its own wheels. Ik may or may not
be lighted.
(I$) "Projecting sign" means a sign other than a wall sign, which projects from and is supported
by a wall of a building or structure.
(19) "Real estate sign" means a sign advertising the sale, lease or rent of one (1) or more lots or
acreage or the improvements thereon by a real estate company or individual licensed by the State
of Alaska.
Ordinance No. 2185-2006 Attachment D
Page 4 of 8
(20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure.
(21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, trade names, or trade mazks by which anything is made known, such as are
used to designate an individual, a firm, an association, a corporation, a profession, a business, or
a commodity or product which are visibie from any public street or highway and used to attract
attention.
(22) "Sign structure" means a structure that supports or is capable of supporting any sign as
dzfined in this code. A sign structure may be a single pole or poles and may or may not be an
integral part of a building.
(23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display
constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or
without frames, designed to be displayed for a limited period of time only.
(24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building
or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall.
Ordinance No. 2185-2006
Attachment D
Page 5 of 8
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14.20.320 Definetions.
(a) GeneralInterpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
~3} The word "person" includes a corporation as well as an individual.
(4) The word "lot" includes the word "p1oY' or "parcel."
(5) The term "shail" is always mandatory.
(6) The word "used" or "occupied" as applied to any land or building shall be construed to
include the words "intended;' "arranged" or "designed to be used or occupied."
(b) Specific Definitions. (ADD TfIE FOLLOWING TO EXISTING LIST:}
"Afuiculture" means the science, art, and business of cultivating soil, producin~ crons, and
raisinQ livestock; farnung.
"Assemblaees" means a large eathering of people for an event such as a concert, fair, or
circus."
"Assisted living" means a living arran~ement in which people with special needs, esaeciallv
seniors with disabilities, reside in a facilitv that provides help with everydav tasks such as
bathin¢, dressine, and takinQ medication.
"Farmine" means a tract of land cultivated for the ouroose of commercial aQncultural
production.
"Hospital" means an institution that provides medical, surQical, or ~svchiatric care and
treatment for the sick or the iniured.
Ordinance No. 2185-2006 Attachment E
Page 1 of 1
14.25.020 Application.
This chapter shall apply to all commercial and industrial development within the City of
Kenai and shall apply to both the landscaping and site plans. "Commercial and indus[rial
developmenP' and "all developmenY' shall be defined as any improvements requiring a building
permit for new construction or any improvements of twenty thousand dollars ($20,000) or more,
which adds square footage, located on properties within the Central Commercial (CC), General
Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsice Historic (TSI~,
Light Industrial (II,), Central Mixed Use (CMLT), and Education (ED) zoning districts or a
c~ange of use as required in I{l~IC 14.20.250 (a). It is unlawful for any person to construct, erect
or maintain any structure, building, fence or improvement, including landscaping, parking and
other facilities on property requiring a landscape/site plan unless such improvements are
constructed or reconstructed in a manner consistent with the approved plan.
Ordinance No. 2185-2006 Attachment F
Page 1 of 1
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KENAI.ALASKA
U
"I/clla9e witti a~ast, Gc~ wit~i a Future"
210 Fidalgo Avenuej Kenai, Alaska 99611-7794 ~
Telephone:907-28~-7535lFAX:907-283-3014 ~'~~~~
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TO: Larry Semmens, Acting City Manager '
FROM: Marilyn Kebschuil, Planning
THRU: Jack La Shot, Public Works
DATE: August 8, 2006
SUBJECT: PZ06-51 - Resolution recommending an amendment to Title 14
to inciude a Central Mixed Use Zone ((7MU)
On July 26, 2D06, the Planning and Zoning Commiss~on approved a resolution
recommending to Council that Title 14 be amended tp include a Central Mixed
Use (CMU) zone. The Commission heid work sessi~ns for several months to
draft a recommendation for Council. The intent is to stabiish a centrally located
area in the City that provides for both commercial an residential uses.
Development of a mixed-use zone was recommende~d in the Comprehensive
Plan. ~
Administration is comfortable with the recommendatipn with the exception of the
Commission's recommendation for the sign code for the proposed zone. The
proposed code would severely restrict the size and height for freestanding signs
in the zone. Even tnough the amendment does not identify an area for the zone,
the Commission has reviewed and decided on an ar@a for a possible rezone if
the Council amends Title 14 to inciude fhe CMU zone. (See the attached map.)
The area includes parcels zoned CG - General ComCnercial and CC - Central
Gommercial. The sign code now allows for freestanding signs of up to 120
square feet for a single business and 200 for multipl~ businesses on one parcel.
Signs may be up to 30-feet high. The proposed am~ndment would limit signs to
64 square feet with a maximum height of 12 feet.
During discussions with the Commission, 1 explaine administration's (City
Rttorney, Building Officiai, and myselfl concerns abo~it restricting the signs to this
size and height. it was noted that the sign code was ~amended in 1985 to 81
square feet and again in 2000 to 120 square feet (anq 200 for muftiple
businesses}. The resolution in 1985 states the amertidment is being proposed
because the code is "too reatrictive." In 2000, the code was amended at
Administration's recommendation because of the request for sign variances for
larger signs. I
On March 22nd, 8ob Springer conducted an unofficial~ survey of signs in the area
Based on the survey, he recommended the sign size~currently allowed be
~ maintained. He noted that amending the sign code t 64 square feet would
cause at leasf 50 businesses in the area to have non«conforming signs.
This information was provided to the Commission. The Commission voted to
proceed with their recommendation. They noted that the code ailows for
variances from the sign code and that requests couldl be reviewed on an
individual basis. They also noted that they had spen~~ considerabie time
reviewing sign sizes and Commissioner Amen had provided a pictoriai overview
of sample signs so they could make a recommendation. The Commission asked
that these photographs and the table showing sign si'zes be provided to the
Council as backup information to the ordinance.
~~
In my tenure, administration has never disagreed with a recommendation of the
Commission; however, I do feel it important that the ~ouncil understand
administration's concerns and consider ail informatio when acting on the
ordinance. ,
~
Let me know if there is information you wouid like to ~rovide to Council for their
consideration during the public hearing.
cc: Robert Springer, Building Official
Cary Graves, City Attorney
1~1011~1111~~/
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Proposed Cent~al Mixed llse ~oundary
N-
Suggested by:
CYTY OF KENAI
ORDINANCE I30. 2186-2006
Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
ESTIMATED REVENUES BY $3,580 IN THE SENIOR CITIZEN TITLE III FUND AND
ILVCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000 IN THE
SENIOR CITIZEN FUND.
WHEREAS, at the time the City of Kenai budget was approved bq Council, the grant
award for the Council on Aging Title III grant, and the United Way allocation had not
been approved;and,
WHEREAS, the Council on Aging Title III grant award was $3,580 less and the United
Way allocation was $1,000 more than the original budget; and,
WI-IEREAS, due to an increase in the suggested donation for senior meals, an increase
in the meal donations budget will off set the reduction in the State grant; and,
WHEREAS, the increase in the United Way allocation will be used for food supplies for
the Senior Citizen Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that:
Section l: The following budget amendment be made:
Senior Citizen Title III Grant Fund
State Grant
Meal DonaUons
<$3,580>
$3,580
Section 2: Estimated revenues and appropriations be increased as follows:
Senior Citizen Fund
Increase Estimated Revenues:
United Way $1 000
~
Increase Appropriations:
Operating Supplies $1,000
Ordinance No. 21XX-2006
Page 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
September, 2006.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
Introduced: August 16, 2006
Adopted: September 6, 2006
Effective: September 6, 2006
Approved by Finance:__~~
(08/09/2006) hl
-
Suggested by: fi.........~~.a~.~~.
CYTY OF KENAI
ORDINANCE NO. 2187-2006
AN ORDINANCE OF THE COUNCTL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $24,630 IN THE GENERAL FUND
TO PAY FOR SUPERIOR COURT A1`TORNEY'S FEES AND COSTS AWARDED IN THE
RECREATION CENTER LITIGATION.
WHEREAS, the Superior Court has entered a judgment awarding the plaintiffs
Superior Court attorney's fees and costs in Friends of the Recreation Center, Inc., and
Mark Necessary, Anita Necessary and Ctifford D. Massie, Indiuidually vs. City of Kenai,
an Alaska municipal corporation, Case No. 3KN-03-503CI; and,
WHEREAS, the judgment for Superior Court attorney's fees and costs was for
$24,425.77 plus interest of $4.725 per day; and,
WHEREAS, AS 09.30.040 provides that while no execution may issue on judgments
against a municipality it also provides that municipalities shall pay judgments issued
against it; and,
WHEREAS, funds are available in the F~nd balance of the General Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance $24,630
Increase Appropriations:
Legal - Miscellaneous $24,630
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
September, 2006.
PAT PORTER, MAYOR
ATTEST:
Cazol L. Freas, City Clerk
Introduced: August 16, 2006
Adopted: September 6, 2006
Effective: September 6, 2006
Approved by Finance: ~
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Mini-Grant
oVeavieW~Pro~ea,ues
Purpose: Together We Can! Provides funding in the form of mini-grants for
residents, school programs and organizations to use for projects that will have an
iinmediate, positive, and long-lasting effect for their neighborhoods [AND] in the City of
Kenai. Mini-grants are intended to provide start-up funding for small innovative
projects within the City of Kenai. Our goal is for families, neighbors and all rnembers
of Kenai to work together to buffd healthier neighborhoods, help kids succeed in
school and improve the quality of life for all residents.
Who mav anvlv: Youth, neighborhood groups, orga~iizations, and individuals who
have a desire to unprove the quality of life in their community.
Fiow to avnlv: Complete a Together We Can! Miru-Grant application.
the submittal date shall be elctended to the close of business of the ne~ct re~ular Citv
workdav.
Tvpes of Proiects: Onlv new or ea.nanded orojects will be considered.
Selection: Grant recipients will be chosen by the Steering Comznittee, appointed by
the Kenai City Council. The Steering Committee will include the Mayor, Kenai
Economic Development member, one representative each from Kenai Central High
School and the Kenai Chamber of Commerce.
Fundin~: The City of Kenai [WILL] provide funds in its [2005/2006) annual
Legislative Budget for distribution. The maxiinum grant amount the Cominittee may
award is $500. Grants larger than $500 must be approved by the Kenai City Council.
~REVIEW:I Proiect Comaletion:Upon completion of the project, a report must be
filed with the Together We Can! Steering Comrnittee and the report will be submitted
to the Kenai City Council explaining how the funds were spent and the outcome of the
project.
Revised 8/9/06
Proceduses: Applications are submitted to the City of Kenai Together We Can!
Steering Conunittee for review throu~h the Kenai Citv Clerk. (Studenfs' appL'cations
must be signed/approved by a teacher.) Upon approval of applicatro,. and e~:ecution
of Letter of Agreement, 90% of the grant funds will be issued through the Kenai
Finance Department. A report will be given to the City Council of awarded projects. A
written report must be submitted to the Steering Committee within thirtv (30) [30]
days of completion of the project. Council wiil present a proclamation [AT THE END
OF THE PROJEC'I'/FINANCIAL REPORT'S] upon receipt of the comnleted proiect and
financial reports.
Awazds: Projects most likely to receive funding are those that wili benefit the
community/neighborhoods the most. This includes projects that create the most
visible and lasting change.
Revised 8/9/06
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Mini-Grant Application
[FY05/06 GRANT CYCLE
(JULY 1, 2005 - JUNE 30, 2006]
Grant Number:
Date Received•
Applicant: Date:
Applicant Address•
Phone•
Contact Person:
Project Title:
Project Start/End Dates:
Total Project Cost:
Email Addzess:
Amount Requested:
Please check: f1 501(c)(3) NTon-profit Organizatioa EIN#
U (New grantees should attach a copy of their IRS Letter of
Deterrnination.)
^ Society/Group* ^ Individual*
*There may be a taac liability for grant awards to non-
exempt entities.
Provide a brief description of your organization, society, group, or entity[,],
(SUMMARIZING YOUR MISSION, GOAIS AND OBJECTIVES.] [FOR) As an
individual appiicant, describe your involvement in the community and your
experience/expertise as it relates to this project. (Attach separate sheet, if
necessary.)
Revised 8/9/06
2. Describe the project for which you aze requesting funding. Include a project
timeline and an explanation of how the project will benefit the communiry.
(Attach separate sheet, if necessary.)
Piease complete a sunple budget for this project. Grants over $500 must be
approved by the Kenai City Council.
ITEM COST 5TORE OR SUPPLIER'
(Materlal or service needed to (EsUmated cost of the ttemsJ (Where you vnil pumhase this item
Totai grant request: $
*The Citq requests material bought with City grant funds be purchased
within the City of Kenai, if possible.
4. How will you know if your project is successful?
5. Have you received a City of Kenai Mini-Grant before? ^ Yes ^ No
If yes, most current award: Project title:
Project dates:
Amount of grant: $
Revised 8/9/06
Did vou [COMPLIANCE] complv with
the Letter of Agreement? ~ Yes
^ No (If no, attach a current
status of your project.)
I certify the information contained in this application, including all attachments and
support material, is true and correct. I understand the grant funds, if granted, will be
tised only for the project or purpose described in this appiication. I understand ninety
percent (90%) of the funds approved will be provided in advance. The balance will be
paid at the completion of the project and report filed with the steering committee.
Signatory must be an authorized officer for an organization[, BLJILDING PRINCIPAL
FOR A SCHOOL]. Student applications must also be signed/approved by a teacher.
Applicant
Signature:
Name Printed:
Titie:
Apnroval (Teacherl
Signature:
Name Printed:
1~tle:
Date:
(if applicable)
(if applicable)
Revised 8/9/06
4
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KENA~ SKA
MEMORANDUM
~-Il
"~i'lla9e wit~i a Past, Gc~ wc'tti a Futr~Ye"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
To: City Council
From:~ Rick Koch, City Manager ~~
Date: August 8, 2006
Subject: Alaska Regional Fire Training Facility
Homer Electric Association has expressed interest in ieasing the upstairs of
the Fire Training Facility beginning September 1, 2006.
HEA desires to rent about 3,800 square feet for office space for a period of
three to seven years. HEA's use wiIl not impede the City's efforts regarding
the remainder of the facility.
The rental income is projected to be around $50,000 to $57,000 annually
which is about $110 to $1.20 per square foot. The final terms of the iease
have not been negotiated, but it is my intention to obtain a market lease rate
and HEA has been apprised of this range.
Does the City Council authorize the City Manager to ne~otiate a 3- 7 year
lease with Homer Electric Association for approximately 3,800 square feet
of the Alaska Regional Tire Training Facility?
~v r
y
COUNCYL ON AGING
AUGUST 3, 2006
KENAI SEIVIOR CENTER
7:00 P.M.
AGENDA
YTEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUNiMARY - May 4, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
a. Kathy Rouxaia, KEDS Quality of L'afe Committee
ITEM 5: OLD BUSINESS
a. Discussion - Letter of Support for Office Remodel
ITEM 6: NEW BUSINESS
ITEM 9: REPORTS
a. Council on Aging Chair
b. Director
c. Council Liaison
YTEM 8: (,~UESTIONS 8c COMMENTS
YTEM 9: PERSONS NOT SCHEDULED TO BE IiEARD
YTEM 10: INFORMATION
a, Council Action Agendas of July 5 and 19, 2006.
ITEM 11: ADJOURNMENT
COUNCIL ON AGING
AUGUST 3, 2006
KENAI SEiVIOR CENTER
7:00 P.M.
CHAIR PRO TEMPORE JOANNL~ HOLLIER, PRESIDING
AGENDA
Y M 1: CALL TO ORDER & ROLL CALL
MOTYON:
Member Jones MOVED to appoint Joanna Fiollier as Chair Pro Tempore and
Member Jurgensen SECONDED the motion. There were no objections. SO
ORDERED.
Chair Pro Tempore Hollier called the meeting to order at approximately 7:02
p.m. Roll was conIInned as follows:
Members present: J. Hollier, E. Jones. R. Jurgensen, B. Friend, and F.
Wilson
Members absent: L. Flowers, G. Kuntzman, and B. Osborn
Others present: Acting Senior Center Director K. Romain and Council °
Member R. Molloy.
A quorum was present.
ITEM 2: AGENDA APPROVAL
MOTION:
Member Jones MOVED to apprave the agenda as presented and Member
Jurgensen SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMA2ZY -- May 4, 2006
MOTYON:
Member Jones MOVED to approve the meeting sununaiy of May 4, 2006 as
presented and Member Jurgensen SECONDED the motion. There were no
objections. SO ORDERED.
I~°EM 4: PERSONS SCHEDULED TO BE HEARD
4-a. Hathy Romain, KED3 Quality of Life Committee
Romain explained the Kenai Economic Development Strategy Quality of Life
Committee requested comments related to quality of life issues for seniors in
Kenai. Comments of the membership included:
• Strengths: Senior Center (No. 1) and Close to Central Peninsula
General Hospital.
• Needs: Assisted Living Facility (huge issue) and a departinent
store.
• Ideas to marketing Kenai: Senior Voice articles and "biow horn" for
Kenai more often.
ITEM 5: OLD BUSINESS
5-a. Discussioa - Letter of Support for OfAce Remodel
Romain explained the planned office remodel project, including Director's
ofIIce, current adnunistrative office, d'uung room coffee area remodel, and
receptionist area. She explained the gsant process and requested a letter of
support from the membership.
MOTION:
Member Wilson MOVED for a letter of support be prepared for Chair Osborn's
signature, noting the Council on Aging's support of the project.
VOTE:
Hollier Yes Flowers Absent Jones Yes
Jur ensen Yes Kuntzman Absent Osborn Absent
Friend Yes Wilson Yes
MOTION PASSED UNANIMOU3LY.
ITEM 6: NEW BUSINESS
a~M 7:
7-a. Council oa Aging Chair -- Hollier noted Osborn's ready
willingness to help with fizndraisers, advertising, and other projects.
7-b. Director -- No report.
7-c. Councii Liaison -- Council Member Molloy reviewed the council
meeting action agendas included in the packet. He also noted:
COUNCIL ON AGING MEETING
AUGUST 3, 2006
PAGE 2
• He was anxious to hear an update related to the assisted living
facility project.
• Councff Member Massie's resignation and e~plained the seats to be
elected in the October City election.
ITEM S: QUESTIONS & CONiMENTS
Coxnxnents included the need for an assisted living facility and a request for
is~Glusion of carports for residents at Vintage Pointe.
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM lOc
10-a. Council Action Agendas of July 5 and 19, 2006.
ITEM 11: ADJOURNMENT
MOTION:
Member Jones MOVED to adjourn and Member Jurgensen SECONDED the motion.
There wese no objections. SO ORDERED.
There being no further business before the Cominission, the meeting adjaurned at
approximately'7:43 p.m.
Meeting suminary prepared and submitted by.
Carol L. Freas, City Clerk
COUNCIL ON AGING MEETING
AUGUST 3, 2006
PAGE 3
-
KENAI AIRPORT COMR3ISSION
AUGUST 10, 2006
KENAI CITY COUNCIL CHAMBERS
'7:00 P.M.
AGENDA
YTEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETYNG SUNIlVIARY -- July 13. 2006
YTEM 4: PERSONS SCHEDULED TO BE HEARD
YTEM 5: OLD BUSINESS
a. Discussion -- Proposed Amendments to Kenai Municinal Code'IYtle 21
Entitled, "Kenai Municipal Airport and the Airport Reserve."
YTEM 6: NEW BUSINESS -- None
ITEM 7: REPORT
a. Coiiuriission Chair
b. Airport Manager
c. City Councll Liaison
ITEM 8: CONIIVIISSIONER COMNIENTS AND QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE EiEARD
ITEM 10: INFORMATION ITEMS
a. Kenai City Councff Meeting Action Agendas for July 19 and August 2,
2006.
b. Airport Manager's Monthly Report -- July 12, 2006
ITEM 11: ADJOURNMENT
KENAY AIRPORT CONIIvIISSION
AUGUST 10, 2006
KENAI CITY COUNCIL CHt1MBERS
7:00 P.M.
CHAIR HENRY KNACKSTEDT, PRESIDYNG
MEETING SUNIlVIARY
ITEM 1: CALL TO ORDER AND ROLL CALL
Chair Knackstedt called
confirmed as follows:
Cominissioners present:
Coinnussioners absent:
Others present:
A quorum was present.
the meeting to order at approximately 7:03 p.m. Roll was
J. Zirul (arrived at 7:15 p.mJ, J. Bielefeld, H. Knackstedt, C.
Versaw, E. Mayer, D. Hazalson, and L. Porter.
None.
Airport Manager R. Cronldiite, Council Member R. Molloy,
City Attorney C. Graves, and Mayor P. Porter.
ITEM 2: AGENDA APPROVAL
MOTYON:
Cominissioner Haraison MOVED for approval of the agenda as presented and
Commissioner Bielefeld SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3: APPROVAL OF MEETING SUMIKARY -- July 13, 2006
MOTION:
Corxuxussioner Versaw MOVED for approval of the July 13, 2006 meeting summary and
Coinznissioner Porter SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4: PERSONS SCHEDULED TO BE FIEARD -- None.
ITEM 5: OLD BUSdNESS
5-a. Discussion -- Proposed Amendments to Kenai Municipal Code Title 21
Entitled, "Kenai Murucipal Airport and the Airport Reserve."
The Commission reviewed each section of the code amendments. Comments included:
• 21.05.010 -- Airport Reserve -- No comment.
• 21.05.020 -- Propose boundary to go around the Salamatof Offlces, 350'
wide and 776' deep. '
MOTION:
Commissioner Zirul MOVED to recommend KMC 21.05.020, Appendiac I(the airport
reserve boundary) be amended to reflect a reserve boundary as shown in the
Conunission's E~chibit I. Coininissioner Haralson SECONDED the motion.
MOTION TO AMEND:
Conunissioner Bielefeld MOVED to amend E~ibit I to include additional land on the
south corner. Commissioner Mayer SECONDED the motion.
VOTE ON AMENDMENT:
There were no objections. SO ORDERED.
VOTE ON MAIN AMENDED MOTION:
There were no objections. SO ORDERED.
Attorney Graves reported he prepared a memorandum, outlinuig the remainder of the
code changes and suggested the Coimnission hold a special meeting to review those
suggested changes. A copy of the memorandum would be included with the changes
and in the speclal meeting packet.
The Commission agreed a special meeting should be held and suggested Monday,
August 21. 2006 at 3:00 p.m. in the Councll Chambers.
The Conui~ission requested a copy of Attorney Graves' memorandum and the requested
changes be fonvarded to Steve Pavish (consultant) for comment.
YTEM 6:
YTEM 7:
7-a.
7-b.
-- None
'~? ~-~.-7l.l1
Commissioa Chair -- No report.
Airport Manager -- No report.
7-c. City Council Liaison -- Council Member Molloy reviewed actions taken
at the August 2. 2006 councff meeting.
YTEM 8: COMNIISSYONER COMI6IENTS AND qUESTION5 -- None.
YTEM 9: PERSONS NOT SCHED[TLED TO BE YiEARD -- None.
AIRPORT COMMISSION MEE'ITNG
AUGUST 10, 2006
PAGE 2
ITEM 10: %NFORMATION ITEMS
10-a. Kenai City Council Meeting Action Agendas for July 19 and August 2,
2006.
10-b. Airport Manager's Monthly Report -- July 12, 2006
ITEM 11: ADJOURNMENT
MOTION:
Commissioner Bielefeld MOVED for adjournment and Commissioner Versaw
SECONDED the motion. There were no objections. SO ORDERED.
There being no further business before the Coinmission, the meeting adjourned at
approximately 9:35 p.m.
Meeting summary prepared and submitted by:
Carol L. Freas, City Clerk
AIRPORT COMMISSION MEETING
AUGUST 10, 2006
PAGE 3
I `~ T
KENAI LYBRARY COMNIISSION
KENAI COUNCIL CFIAMBERS
AUGUST 1, 2006
7:00 P.M.
AGENUA
ITEM 1: CALL TO ORDER 8c ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY - July 11, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEt~RD
ITEM 5: OLD BUSINESS
Discussion - Library expansion
Discussion - KMC 1.56, Kenai Municipal Library Department and Library
Regulations and Policies/Review and Possible Updates
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
a. Director
b. Frlends of the Library
a City Council Liaison
ITEM 8: COMIUIISSION CONIlI~NTS/QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
%TEM 10• INFORMATION
a. Kenai City Council Action Agendas of July 5 and 19, 2006
b. New homework - Imagine a new library
ITEM 11• ADJOURNMENT
KENAI LIBRARY CONIIvIISSYON
KENAI COUNCIL CHAMBE1tS
AUGUST 1, 2006
7:00 P.M.
CHAIR BOB PETERS, PRESID%NG
MEETYNG SUMMARY
~
YTEM 1: CALL TO ORDER & ROLL CALL
Chair Peters called the meeting to order at approxima.tely 7:03 p.m. Roll was
confirmed as follows
Conunissioners present: K. Heus, E. DeForest, R. Gilman, B. Peters, C. Brenckle, C.
Cook, E. Bryson (arrived at 7:06 p.m.)
Commissioners absent: None
Others present: Library Director M. Joiner
A quorum was present.
ITEM 2: AGENDA APPROVAL
MOTION:
Commissioner Brenckle MOVED to approve the agenda as presented and
Coinmissioner Cook SECONDED ihe motion. There were no objections. SO
ORDEREB.
ITEM 3: APPROVAL OF MEETYNG SUM1l3ARY - July 11, 2006
MOTION:
Commissioner Brenckle MOVED to approve the meeting sunmiary of the July 11, 2006
meeting. Cominissioner Cook SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4: PERSONS SCFIEDULED TO BE HEARD -- None.
ITEM 5: OLD BUSINESS
5-a. Discussion - Library eacpansion
Chair Peters reported on a conversation he had with Representative Oison related to
the use of the old courthouse for a library; that he believed it would be cost effective
and preferred the location; and that Olson requested the City Council pass a resolution
noting the request for the building. Discussion followed related to the advantages azad
disadvantages for using the buffding as a library site.
MOTYON:
Commissioner Brenckle MOVED the Commission request Councii Member Molloy to
notify the Councff the Conunission would like a resolution fonvarded for their
consideratlon which states the city is interested in acquiring the State Office Building
for library e~cpansion and to submit it to the Legislature. Cominissioner Cook
SECONDED the motion.
VOTE:
Heus No DeForest Yes Gilman Yes
B son Yes Peters Yes Brenckle Yes
Cook Yes
MOTION PASSED.
5-b. Discussion - KMC 1.56, Kenai Municipal Library Department and Library
Regulations and Pollcies/Review and Possible Updates
Library Director Joiner reviewed the informatlon requested at the July i l meeting.
Cominissioner Bryson excused herself from the remainder of the meeting.
ITEM 6: NEW BUSINESS -- None.
ITEM 7: REPORTS
7-a. Director -- Joiner reviewed information presented in the monthiy activity
report. She also reported her attendance at a meeting on uses of the internet.
7-b. Commissioner Chair -- No report.
7-c. Friends of the Library -- Commissioner Heus reported the book sale as
very successful; raffle tickets have been distributed; the Friends have one new member
and a one-year term vacancy on its board; and she thanked the Fire Department for
use of the tables.
'7-d. Citp Council Liaison -- Council Member Molloy reviewed actions taken
at the July 19 council meeting and reported the resignation of Council Member Cliff
Massie.
YTEM 8: COMMISSION COD~IIVIENTS/QUESTYONS
DeFoaest -- No comments.
FIeus -- Glad they are moving forwarding on an option for a library addition.
Brenckle -- Appreciate information from the Director.
Cook -- Very happy to take a proactive approach and is excited about the new
LIBRARY COMMISSION MEETING
AUGUST 1, 2006
PAGE 2
technology.
Gilman -- The Courthouse is a good idea, not confusing to regulaz patrons, and
better than somewhere eise.
Peters -- Also positive.
I'~EM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 10:
IO-a. Kenai City Council Action Agendas of July 5 and 19, 2006
10-b. New homework - Imagine a new library
YTEM 11: ADJOURNMENT
MOTYON:
Commissioner Brenckle MOVED to adjourn and Commissioner Heus SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting adjourned at
approximately 8:14 p.m.
Meeting summary prepared and submitted by:
Carol L. FYeas, City Clerk
LIBRARY COMMISSION MEETING
AUGUST i, 2006
PAGE 3
Ts
~~
KENAI PARKS & RECREATION COMMISSION
AUGUST 3, 2006
CITY IiALL COUNCIL CHAI4IBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
I,,,_TEM 2: AGENDA APPROVAL
%TEM 3: APPROVAL OF MEETING SUMMARY -- July 6, 2006
YTEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
ITEM ~: REPORTS
a. Commission Chair
b. Director
c. City Council Liaison
ITEM 8: CONIlVIISSION QUESTIONS & CONIIVIENTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Councff Action Agendas of July 5 and 19. 2006.
b. Beautiflcation Committee Meeting Suininary of July i l, 2006.
IT°EM 11: ADJOURNMENT
NOTE: IMMEDIATELY FOLLOWING AD70URNMENT,
COMMISSIONERS WILL TOUR THE CITf PARK FACILITIES.
TRANSPORTATION WELL BE PROV%DED.
THE PUBLIC IS INVITED.
KENAI PARKS & d2ECREATION COMIVIISSION
AUGUST 3, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CHAIR DALE 3ANDAHL, PRESIDING
MEETIIITG SUMMARY
I"P~ 1: CALL TO ORDER & ROLL CALL
Chair Sandahl called thc
conlirmed as follows:
Comn~issioners present:
Coinmissioners absent:
Others present:
: meeting to order at approximately 7:05 p.m. Roll was
D. Sandahl
A. DeMello, J. Foglia, J. Carroll. T. Wortham, D. Hagen, and
J. Beeson
Parks & Recreation Director B. FYates
A quorum was not established.
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SL7NIMARY -- July 6, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD ~
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
a. Conunission Chair
b. Director
c. City Councff Liaison
ITEM 8: COMIVIISSYON f.tUESTIUNS 8c COMMENTS
ITEM 9: PERSONS PRE3ENT NOT SCHEDULED TO BE HE.ARD
%TEM 10: INFORMATYON
a. Councff Action Agendas of July 5 and 19, 2006.
b. Beautification Committee Meeting S»mmary of July 1 l, 2006.
ITEM 11• ADJOURNMENT
Due to the lack of estabflshing a quorum, the meeting ended at approximately 7:07
p.m.
Meeting summary prepared and submitted by:
Carol L. Freas. City Clerk
Agenda Page 2
August9,2006
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED:
11. INFORMATION ITEMS:
a. PZ06-55 - Landscape/Site Plan - Integrated Account Management, Inc., 140 Main Street
I.oop, Kenai.
b. "Zoning Bulletin" - 7uly 25, 2006
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
PLANI~ING & ZOIVIDIG COMM%SSION
AGENDA
AUGUST 9, 2006 - 7:00 P.M.
CHAIR BARRY ELDRIDGE, PRESIDYNG
MINLTTES
I~EM 1: CALL TO ORDER
Chau- Eldridge called the meeting to order at approximately 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present: J. Jenckes, S. Romain, B. Eldridge, P. Bryson, R. Fullinck
and J.1Wait
Commissioners absent: None.
Others present: Council Member J. Moore, City Clerk C. Freas, City Planner
M. Kebschull
A quonzm was present.
1-b. Agenda Approval
MOTION:
Commissioner Jenckes MOVED to approve the agenda with the addition of 11-c,
Boazd of Adjustment Decision/Pearce Appeal, Case No. BA-06-02. Commissioner
Twait SECONDED the motion. There were no objections. SO ORDERED.
Y-c. Consent Agenda
MOTION:
Commissioner Fullinck MOVED to approve the consent agenda as submitted and
requested tTNADTIMOiJS CONSENT. Commissioner Romain SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- July 26, 2006
Approved hy consent agenda.
ITEM 3: SCFiEDULED PUBLYC COMMENT -- None.
ITEM 4: CONSYDERATYON OF PLATS
4-a. PZ06-57 -- Preliminary Plat -- Tnlet View Subdivision Beauchamp
Addition No. 1tvo. Plat submitted by Whitford Surveying, P.O. Box 4032,
Soldotna. AK 99669.
MOTYON:
Coinmissioner Romain MOVED to approve the preliminary plat/Inlet View Subdivision
Beauchamp Addition No. 'l~vo with the noted recommendations. Commissioner
Jenckes SECONDED the motion.
Commissioner Bryson stated he wouid abstain from all the plat items due to the
perceived conflict of interest from the Borough level.
City Planner Kebschull reviewed the staff report which was included in the packet,
noting staff recommendations as follows:
• Verify no encroachments exist:
• Plat should add notation to wastewater note that parcels aze served by
City water and sewer.
There were no public or Cominission comments.
VOTE:
Jenckes Yes Romain Yes Eldridge Yes j
~ Bryson ~ Abstain ~ Fullinck ~ Yes ~ 1~vait Yes
MOTION PASSED UNANIMOUSLY.
4-b. P206-58 - Preliininary Plat -- Smith Ridge Subdivision - A subdivision of
Govemment Lot 39. Plat submitted by Integrity Surveys, 8195 Kenai
Spur Highway, Kenai, Alaska.
MOTION:
Commissioner Jenckes MOVED to approve the preliminary plat/Smith Ridge
Subdivision, Government Lot 39, with staff recommendations included. Commissioner
Romain SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting staff
recommendations as follows:
• Encroachment for the shop on Lot i must be approved prior to recording
of the ftnal piat.
• Vacation of f-Tutto Street right of way and government lot easement must
be approved prior to recording of the fmal plat.
There were no public comments. Commissioner'Itvait noted staff recommendations
refer to a"shop" and the plat refers to a"shed.'° Kebschull stated a recommendation
PLANNING & ZONING COMMISSION MEETING
AUGUST 9, 2006
PAGE 4
could be made to the surveyor to make the correction, however it was a moot point as
the size and use determines the setback.
VOTE:
Jenckes Yes Romain Yes Eldrid e Yes
Bryson Abstain Fullinck Yes 'I\vait Yes
MOTION PASSED UNI~NIMOUSLY.
~
4-c. PZ06-59 - Preliminary Plat - Amanda Walker Subdivision - Harris
Addition. Plat submitted by Segesser Surveys, 30485 Rosland Street,
Soldotna. Alaska.
MOTYON:
Commissioner Roinain MOVED to approve the preliminary plat/Amanda Walker
Subdivision -- Harris Addition with the inclusion of staff recommendations.
Cominissioner Flzllinck SECONDED the motion.
Kebschull reviewed the staff report included in the packet and indicated staff
recommendations as:
• A note should be added to the plat to state the front setback on Lot 2 will
be measured from where the lot meets the minimum lot width.
• Plat Note 4 should be amended to include note that parcels are served by
city water and sewer.
There were no public or Commission comments.
VOTE:
Jenckes Yes Romain Yes Eldrid e Yes
B son Abstain ~llinck Yes 'I~vait Yes
MOTYON PASSED UNANIMOUSLY.
YTEM 5: PUBLIC HEARINGS
5-a. PZ06-54 - An application for an encroachment permit for front-yazd
setbacks for the property known as Lot 7, Block 2, Central Heights
Subdavision (305 Sterling Court), Kenai, Alaska. Application submitted
by Rose and Loran Guilbeau, 305 Steriing Court, Kenai. Alaska.
MoaioN:
Commissioner Bryson MOVED to approve PZ06-54 and Commissioner Twait
SECONDED the motion.
PLANNING & ZONING COMMISSION MEETING
AUGUST 9. 2006
PAGE 5
Kebschull reviewed the staff report included 'an the packet and noted staff
recommendation as:
• Encroachment is limited to the addition shown on the application
submitted July 19, 2006.
The public hearing was opened and comments were offered as follows:
Sheryl Saanples -- Ms. Samples explained she lives across the street from the
a~plicant; they are nice people and 'at is a nice neighborhood; and, she had no
objections to the approval of the encroachment pernut, but did have concerns with the
way the addition is being built (not straight, cardboard window, etc.) and hoped the
issuance of a building perinit would allay those concems.
Losan Guilbsau, 305 Sterling Court, Kenai -- Mr. Guilbeau identified himself as the
appiicant for the permit; he was out of state for about five months during the year; he
is on a fixed income, low on funds and trying to get the project completed; did not
realize adding an arctic entrance would require a building permit; and, the addition
will be up to code upon completion. Guilbeau also indicated the addition has been
painted, doors, lighting, and he is using pressure-treated lumber and plans on adding
a metal roof to match that on the housee
With no additional requests to speak, the public hearing was closed, Chair Eldridge
indicated the decision of the Commission could be appealed and appeals must be
submitted to the City Clerk within 15 days of the Cominission action.
Commission discussion indicated:
• The Building Offacial had inspected the house and addition project,
checking the footings, etc. and believes he will be able to issue the building pernut
based on what he found.
• The addition construction will be required to be in accordance with the
building code.
• The city does not have an aesthetics ordinance.
• What the construction will do to property values is not a requirement
used to determuie whether or not to grant a pemut.
VOTE:
Jenckes Yes Romain Yes Eldrid e Yes
B son Yes Fullinck Yes 'Itvait Yes
MOTYON PA55ED UNAIVIMOUSLY.
5-b. PZO6-56 - An application for an encroachment pemut for front-yard &
side yard setbacks for the property known as Government Lot 39 (306
Hutto Street), Kenai, Alaska. Application submitted by Daniel O. Piatt.
306 Hutto Street, Kenai, Alaska.
PLANNING & ZONING COMMISSION MEETING
ALTGUST 9, 2006
PAGE 6
MOTION:
Commissioner Roinain MOVED to approve PZ06-56 with the staff recommendations
included. Cominissioner Twait SECONDED the motion.
Kebschull reviewed the staff report included in the packet and noted staff
recommended approval with no stipulations.
The issue was opened to public hearing. There being no requests to speak, the public
hearing was closed. Eidridge indicated the decision of the Cominission could be
appealed and appeals must be submitted to the City Clerk within 15 days of the
Coinmission action.
VOTE:
Jenckes Yes Romain Yes Etdrid e Yes
B son Yes Fullinck Yes Twait Yes
MOTYON PASSED UNAIIRMOUSLY.
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSI1VE58 -- None.
ITEM 8: PENDING ITEMS -- None.
ITEM 9: REPORTS
9-a. City Council -- Council Member Moore referred to the August 2, 2006
Councii Meeting action agenda included in the packet and reviewed actions taken.
9-b. Borough Pianning -- Commissioner Bryson reported no meeting had
been held.
9-c. Administration -- Kebschull reported the following items:
• She would be absent from the August 23 meeting.
. There will be two plats coming forward on the August 23, 2006 agenda.
• Council will be considering the introduction of the Mixed Use Zone at lts
August 16 meeting with a public hearing scheduled for September 6.
• Council approved the leases to Indcom Properties, Inc. and the developer
is moving forward with projects presented.
ITEM 10: Y'ERSONS PRESENT NOT SCF3EDULED -- None.
ITEM 11:
PLANNING & ZONING COMMISSION MEETING
AUGUST 9, 2006
PAGE 7
11-a. PZ06-55 - Iandscape/Site Pian -
140 Main Street Loop, Kenai.
11-b. "Zoning Bulletin" -- July 25, 2006
Integrated Account Management. Inc..
I?'EM 12: COMM%SSYON COMMENTS & QUESTIONS
Commissionner Jenckes reported he couid be absent at the August 23 meeting.
Discussion followed related to a code amendment made to ailow for excused absences
by commission/coanmittee members. Jenckes requested to be excused and the
C_ommission had no objections.
Commissionner Bryson suggested excused absence requests be listed as a consent
agenda item on the Planning gc Zoning Commission agenda.
Eldridge suggested Commission members familiarize themselves with the Historic
District Zone as he believed construction projects for that area will be coming forward
in the future.
ADJOURNMENT
MOTION:
Commissioner Romain MOVED to adjourn and Commissioner'Itvait SECONDED the
motion. There were no objections. SO ORDEI2ED.
There being no further business before the Commission, the meeting adjourned at
appraximately 7:45 p.m.
Minutes prepazed and submitted by.
Carol L. Freas. City Clerk
PLANNING & ZONING COMMISSION MEE'I'ING
AUGUST 9, 2006
PAGE 8
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KENAY BEt~UT%FICATION COMMITTEE MEETING
AUGUST 8, 2006
~:00 P.M.
KENAICOUNCII.CHAMBERS
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
IfiEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SLJNIIYIARY -- July 11, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
YTEM 5: OLD BUSINESS
a. Discussion -- Formation of Garden Club
b. Discussion -- Winter Banners
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
a. Comnuttee Chair
b. Parks & Recreation Director
c. Kenai City Council Liaison
ITEM 8: QUESTIONS AND COMMENTS
ITEM 9: PERSON9 NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. City Council Action Agenda of July 5 and 19, 2006.
b. Pazks & Recreation Commission Meeting Summary of July 6, 2006.
ITEM 11:
KENAI BEAUTIFICATION CONIIVIITTEE MEETIHTG
AUGUST 8, 2006
7:00 P.M.
KENAI COUNCIL CfiAMBERS
VICE CHAIR HELEIV BROWN. F'RESIDING
I EM 1: CALL TO ORDER & ROLL CALL
Vice Chair Brown called the meeting to order at approximately 7:05 p.m. Roll was
con.firmed as follows:
Members present: L. Seymour, S. Hakch, P. Baxter, H. Brown, M. LeFebvre, and K.
Shearer
Members absent: M. Dimmick
Othess present: Parks & Recreation Director B. Frates, Mayor P. Porter
A quorum was present.
YTEM 2: AGENDA APPROVAL
A request was made to add as Item 6a, Chamber of Commerce Fence.
There were no objections to the agenda as presented and with the addition of Item 6a.
ITEM 3: APPROVAL OF MEETING SUMNtARY -- July 11, 2006
There were no changes to the meeting summary of July 11, 2006 and it was approved
as presented.
YTEM 4: PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5: OLD BU3INES5
5-a. Discussion -- Formation of Garden Club
Parks & Recreation Director Frates reviewed earlier discussions related to the
formation of a garden club. It was generally felt the Beautiflcation Committee has
value and should continue in their advisoay capacity. Frates encouraged each member
to bring forward beautificat3on enhancement project suggestions for discussion at the
September meeting. i.e. tree plantings along Willow Street, additfon of inetal Hsh, etc.
5-b. Discussian -- Winter Banners
FYates presented the new winter banners and requested comments; he noted every
other pole along the Spur Highway could have the banner attached along with lighted
pole decorations; and. Airport Way and Willow Street could include simllar winter
banners. Committee comments were favorabie to the style and color (will be very
visible during daylight hours).
ITEM 6: NEW BUSINESS
6-a. Discussion - Chamber of Commerce Fence
Members discussed the placement of the chain link fence placed near the Chamber
cabin and in such a highly visible area. Discussion also took place regarding the
unsightliness and possible removal of the lazge spruce tree.
MOTFON:
Member Baxter MOVED to request administraUon to recommend the owner of the
fence to remove the fence or sell the property to the City. Member LeFebvre
SECONDED the motion. There were no objections. SO ORDERED.
ITEM 7: REPORTS
7-a. Committee Chair -- No report.
7-b. Pazks & Recreation Director -- Frates noted the following:
• The dip net flshery had been reopened.
• The community Garden Expansion timeline.
• A Disc Golf Cotuse Fundraiser event.
• Update on the Municipal Park Project.
• Bid rejection on the Kenai Soccer Park and re-bid to be held in the spring.
?-c. Kenai City Council Liaison -- Mayor Porter reported the Memorial Park
underground sprinkler system bids were also rejected due to the high bid and offered
some Old Town improvement ideas.
ITEM 8: QUESTIONS AND COMMENTS -- None.
ITEM 9: PERSONS NOT SCHEDULED TO BE FIEARD -- None.
ITEM 10:
10-a. City Councii Action Agenda of July 5 and 19. 2006.
10-b. Pazks & Recreation Commission Meeting Summary of July 6, 2006.
YTEM 11:
There being no further business before the Committee, the meeting was adjoumed at
approximately 8:03 p.m.
Meeting summary prepared and submitted by:
Carol L. Freas, City Clerk
BEAUTIFICATION COMMPPfEE MEE'ITNG
AUGUST 8, 2006
PAGE 2
_i
MEMORAN~UM
= To: Rick Koch, City Manager
From: Larry Semmens, Finance Director ~
Date: August 10, 2006
Subject: Monthly Report
The City of Kenai does not have a credit card to use for purchasing from
vendor's that do not accept purchase orders. Although this is not a
significant problem it is probably time for us to get a credit card. There are
some benefits that can be obtained by using a credit card for purchasing,
such as air miles.
Credit card companies view the use of their card as borrowing. Generally
speaking the City cannot borrow without a vote of thepeople. However
there is an exception for short term bonowing to meet appropriations. While
not exactly on point, since credit cards were not in existence at the time the
charter was written, I do believe it is applicable to credit card purchases.
Therefore the general prohibition to borrowing would not apply to credit
card purchases as long as the bill is paid timely.
In September I plan to bring an approvai item to council authorizing the
administration to obtain a credit card to use for city purchasing.
The finance department is preparing for the annual audit by Mikunda
Cottrell in October. I hope to have preliminary Generai Fund numbers at the
first meeting in September. I am waiting on fish tax revenue from the State
and sales tax revenue from the Borough.
"V lla~e wit~r a Past, Gi~ wit~r a Fu~ure"
To: Rick Koch, City Manager
From: Robert J. Fcates, Parks & Recreation Director~/
Date: August 10, 2006 "9~
RE: Monthty Admin. Report - July
The month of July was very busy for the Pazks & Recreation Department. Managing our regular
routine maintenance activities coupled with handling dip net fishery openings and closures
created some chalienges. Listed below is a summary of non-routine activities for the month of
7uly.
1. Pmvided support to 4`" July parade celebration. •`
2. Assisted the Youth Military Academy with removal of trees in front of Challenger
Learning Center and ConocoPhillips/City of Kenai MPF.
3. Performed field preparation and maintenance for 2 adult softball tournaments and 2 Little
League tournaments.
4. Assisted with downtown clock.
5. Removed sand from elevated walkways on north beach dunes.
6. Planning and preparation for Kenai River Marathon.
7. Municipal Pazk Upgrades project began along with phase I construction of the Kenai
Soccer Park.
210 Fidaigo Avenue, Kenai, Alaska 99611-7794
~,~ n=",, Telephone: 907-283-3692 / FAX: 907-283-3693
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= KENAI. ALASI(A
~
MEMORANDUM
8. New tandscaping performed at Recreation Center and Fire Department.
9. Skate pazk ramps were painted.
10. Department had 4 pazk reservations scheduled throughout July.
11. Department dealt with several vandalism issues occurring in parks and related facilities.
12. New power loop was added to the park strip.
13. Employee Andy Bralley received his CDL.
14. New right-of-way azea along Willow S2. seeded.
15. Old FAA area seeded by Kenai Peninsula Comp Soccer.
Monthlv Report For Auqust 16. 2006
Keith Kornelis. Public Woeks iVlanaqer
Water Svstem Improvements: The Hattenburg Dilley & Linneli (HDL) water study and the Nelson
proposai for an expioratory weil at Section 36 have received DEC approval (except for a small part of the
HDL study).
Well No. 2 Treatment: Orca Water Technologies is going to do jar testing and water anaiysis for color
removal at well 2. They wiil look at the chemistry and process to remove the color. This is our only well
that is below the MCL for arsenic. It is also our highest producing well.
DEC Requests: The Municipal Matching Grant requests are due August 18. Resolution No. 20Q6-47
identifies Well No. 2 Water Treatment System inGuding water and sewer main connections as 4he city's
number one priority project for overall capftal budget requests to the State of Alaska. The city is listed
very high on the priority iist under the Alaska Drinking Water Loan Fund (our Water Treatment System
Project) and under the Aiaska Clean Water Fund (our Maintenance Shop Remedia4ion project).
Sanitarv Water Survev: The water survey required by DEC has been rescheduled to the end of August.
Set Net Drive & McCoilum Drive ! Aliak Drive LID's: The Set Net Drive construction bids were
rejected because of high costs. McCollum/Aliak is in the engineering and surveying stage. There will be
some right-of-way issues. The plan is to have all of our paving projects bid-ready for early construction
next year.
Shamrock Circle LID: The council public hearing is 8/16/O6. Resoiution No. 2006-48 directs the
continuation of this project. I also included infortnation about this LID for the councii and the pubiic to
' review.
Wal-Mart and ~owe: I have been woricing with Lounsbury and Associates and their sub-consuitants on
these two important retail deveiopments.
Kenai Bank Stabilization and Coastal Trail: I am woricing with the Corps and their consuitant.
Dip Ne4 Fisherv: The dip net fishery was reopened by ADF&G and extended until August 10. Kodiak
Kenai Cabie Company is installing another fiber optics cable, which wilB go from Kenai to Anchorage.
Distance Sistns to Kenai Citv Limits: DOT gave the city permission to fumish and install the correct
mileage distances to the Kenai City ~imits. We have instailed new distances on three DOT signs.
Mew Street Lis~hts: Kachemak Electric has installed the new lights in the Kenai ~sitors & Cornention
Center parking lot and is working on the new metai pole streetlights for city streets. HEA has been
working on installing wood pole streetiights.
Boatina Facilitv: The new launch ramps worked great. Alaska Fuel Systems will be installing new fuel
dispensers and adding upgrades to our tueB tanks at the boating facility. The city street crew has
constructed the boating facility exit road and overflow parking area. There is additional gravel needed for
the overflow parking. This new exit road helped to alleviate congestion during peak times.
New Soccer Fields: Our street crew has almost completed the excavation for the road and parking
areas for the fields in Section 36. They have aiso prepared an area for the new expioratory well, which is
going to be drilied August 29.
LeeShore Center Women's Run: Public Works is again providing many detineators, barricades, cones,
and signs for their annual 5K/10K run on August 12.
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MEMORANDUM
To: Rick Kocfi, City Manager
From: Kathy Romain, Assestant Director
Kenai Senior Center
Date: August 9, 2006
Subject: July Monthly Report
~
Total number of days rented in July 2006: 6
We had 776 volunteer hours for July,
Total Meal Count for July 2006
Congregate March Meals 1458
Home Delivered Meats 1554
Total 3012
Total Meal Count for July 2005
Congregate Meals: 1,370
Home Delivered Meals: 1282
Total 2652
Our Annual Pie and Hot Dog Booth at the 4`h of July Festival was a huge success - the
best ever! 22 volunteers and staff hetped out for this yearly endeavor.
The Wellness Ciinic saw 16 senior clients and was held on 2 days this month. This
clinic is a service through the hospital wmmunity outreach. The nurse does blood
pressure checks; biood draws and toe nail trims for diabetic clients.
Several members of the staff attended a 2-day seminaz involving mental health issues and
how substance abuse can play a significant role in the process of aging. This was held
locally and co-sponsored by the Senior Center and Frontier Community Services.
All activities were filled to near capacity this month and on many occasions extra
transportation was added to accommodate. These activities included not only the routine
shopping, etc., but also a Homer Theatre trip, Captain Cook Beach walk, Annual Picnic
and a No Host Dinner to Moose Pass.
Memarand~um
To: Rick Koch
From: 7ason Steen, Econ. Dev. Project Director
- Date: 8/9/2006
Re: Monthly Report
Hiehli~hts of Monthlv Activitv
Continued workin~ with `Old Town' group Chair assisting with gathering information on individual
plat ownerslup
Facilitated discussions with "Quality of Life Committee" to establish goal and purpose of group. Set
up sTructure for making meetings producrive. Presented this structure zo the members
Acted as a host for the `City Exchange' visitors from Russia for the week July 17-21.
Completed VISTA quarterly report
Participated in various KEDS meetings (Acrion Team 7-24, Econ. Dev. 7-25, Ed. And Workforce
Dev. 8-8)
Met with the EDD Boazd for their cooperarive efforts with Seldovia
Discussed with R. Koch working on silver salmon recognition, developing markering materials for
prospecrive businesses, and presenring the Millennium Square land to potential developers.
Began revising pzocess on KEDS Acrion Plan. The intent is to update the Acrion Plan to reflect the
most relevant goals for our communiry currently. All sub-committees share this task. The goai is to
I~ave a more focused, realisNc plan to guide future efforts.
Volunteered with the Kenai Chrysler Classic
Presented the posirive aspects of living and working in our community to a couple persons
considering relocating from the lower 48 to Kenai.
Kenai Community Library Monthly Report
August 2006
Juty Circulation Figures (
Adu(Y Fiction 2032 Internet Access 1864
Adult Non-Fiction 1470 Music 211
Periodicals 95 Puzzles I1
Y Juvenile Fiction 639 Videos 870
7uvenile Non-Fiction 201 DVDs 945
Easy Fiction I 176 Audio books 281
Easy Non-Fiction 303 Miscel(aneous 69
Total Print 5,893 Totat Non-Print 4,251
Total Circulation 10,167 Internet Express Use 1,100
Total Catalog Searches 6192 Library Patronage....... 12,086 Persons
Circulation figures for July were 6% higher than those in July 2005. The year-to-date figures are
running 4% higher than last years' numbers. The number of people who waited for computers this
month was 81Q! Summer reading ended with a wonderful party on July 17. A total of 231
participated in the program this year.
Linda McNair is retiring at the end of August. Her last day in the library will be Friday, August
18. We will host an open house all day with refreshments served from 2:30 - 4. The city manager
has approved our recommendation to hire Julie Niederhauser for this position. We wi(f now
advertise to fill the position that Julie will leave vacant.
The annuat book sale run by the Board of the Friends of the Library was a great success. Our
thanks go to alt of the vo(unteers and to the Fire Department for their help with moving books.
FYI: in regards to funds and tibrary expansion. The Rasmuson Foundation emphasizes that they
do not want to be the sole funder, the first funder or the major funder in their Tier 2 grant
program. This is reflected in their recent grants to libraries as (isted betow:
• $1,000,000 to the University of Alaska Anchorage - ConsoRium Library in
support of SLED2.
• $50,000 to the Cooper Landing Library for construction of a log addition to the
existing library building.
• $200,000 to the City of Delta Junction in a challenge grant for the construction of
a community fibrary.
• $308,000 to the University of Alaska Fairbanks - Elmer E. Rasmuson Library for
the physica( arrangement and intellectual description of the Elmer E. Rasmuson
papers.
• $250,000 to the Friends of the Haines Borough Public Library in a challenge
grant for construction of a new public library.
• $1,200,000 to the City of Homer top-off grant for the construction of a
community library.
INTEROFFICE ME1lIiORANDUM
~ l
A 1 r
Date: August 8, 2006
To: City Manager
From: Fire Chief Tilly
Subject: Midmonth report
Runs for the timeframe of 7-13-2006 to 8-8-2006
Run total for the year 775 runs
Total last year at this time 783 runs
Last 30 days 118 runs
Summary of activities for last month:
1 Attended Kenai Peninsula EMS council meeting
2 Completed 2 firefighter evaluations
3 Assisted Kaleidoscope with a fire code review for using the Willow
Street Mall for a temporary ciassroom
4 Assisting public health with upcoming mass immunization exercise
5 Provided a tour and demonstration of PRISM for the State Fire
Marshai & Public Safety Commissioner
6 Attended Homeland Security Exercise at Ft. Rich
7 Received and reviewed 26 applications for the vacant firefighter
position
CENAI POLICE DEPARTMENT
107 50UTH WILLOW STREET i~NAi, AIi 99611
Telephone (907) 283-7879
Fax(907)283-2267
~
t'~~~~
~~
TO: Rick Koch, City Manager
FdiOM: Chuck Kopp, Chief of Police ~
DATE: August 9, 2006
SUBJECT: July 2006 Report
Work Activity
Police officers responded to 822 calis for service, and the Emergency Communications
department answered 164 9-1-1 calls. Officers wrote 375 reports, issued 68 traffic citations,
made 94 arrests and investigated 18 motor vehicle crashes, including one fatal ATV crash, which
killed a 16-year-old boy.
Training
The Communications Department sent Dispatchers Greg Beclanan and Michael Nusbaum to a
Tactical Dispatcher course. The focus of this course was to train dispatchers to provide
communications support to rapid reaction teams in the field. Dispatcher Beckman continues to
participate as a member on the State of Alaska, Deparfinent of Transportarion Motor Vehicie
Crash Committee whose purpose is to improve the accident reporting system.
The Police Deparhnent sent Officer Langseth to an InterneUComputer Crimes investigation class
in Anchorage. Officer Langseth and Officer George both attended the Narional D.A.R.E. Officer
Conference in Orlando. The 5tate of Alaska D.A.R.E. Officer Association funded this training.
A.B.A.D.E. Partnership
Due to the increased workload of summer, the Police Department currendy does not have an
officer assisting the Alaska Bureau of Alcohol and Drug Enforcement Soldotna Unit, a multi-
agency drug task force. The department intends to lend its support again later this Fall.
Community
The deparlment coordinated traffic control and security for the July 4 Parade.
Animal Control Department - July 2006
~ ': `sio.i.: i~I`'sf'~~';~i- ~~.*.'-
~; ~'2.~1": 65
~7os~s 46
Ca:s 19
~the;r:~~r~imals 0
?~ELE 1SED BY E:~`~t~ER: 36
;3us~s 17
~' .:s 19
vthcr , ~.nirnais 0
i7.t?..~.: 12
~ ~~ t3~~s ~
~ C'ats 3
Other.dnimals 2
;',7~':~[..~~Il-1,aI:S }i.~\[ii.~D: 113
B~RO A~TibIALS: 38
TOT:~L DOGS: 70
T'f3T;~L CATS 41
TC)'I'r=:L OTHER !~NIti1ALS 2
Volunte~- hours 173
Tota( phane calls 814
`:3~f )~' j !._:~ : 34
~~z~<_>s 18
i'ats 16
i:>tii~cr ,.~:nimai~: 0
~ ~L.~[Y~S~i~: 17
I3nss 14
~`ais 3
Qther zaimais 0
Ft:TH=~~?ZED: 50
r~o~~ 3i
("ats 19
Othc,r :~nimais 0
T,~~LrL~r~:~~~ ~ ~E : o
Field Investi~zations_ 65
Kenai Code Enforczment Officer Summary Report -31 7ulv 2006
Period: Total Cases PendinQ: New Cases
O1 to 31 July 25 3
Cases Closed
Municipal
4- Trash/Debris
4- Junk vehicles
4- No business Permit
KPD Incidents
3- Vehicles in Right of Way
1- Building on City property
Citations WriCten:
1- Junk vehicles
1- Commercial Building Maintenance
Court Appearance:
None
Impounds:
1- Vehicles in City property or Right of Way
~~S.P~,~
Kenai Code Enforcement O~cer
Cases Closed
16
YNFORMATdON ITEMS
KENAI CITY COUNCYL MEETING
AUGUST 16. 2006
1. 8/ 1/2006 Sue & Jim Carter letter of appreciation related to beach problems
faced by the residents of Toyon Way.
2. 8/2/2006 S. Cosner, ICMA letter related to the city's hosting the Bolshoy
_ Kamen delegation.
3. 8/4/06 S. Chandler, North Star Strategies letter related to a branding program
for the City of Kenai.
4. 7/2006 Kenai Municipal Airport Enplanement Report and Float Plane Basin
Activity Report.
5. 2006 State of Alaska Ganung Pernut Application -- Kenai Peninsula Food Bank.
6. 8/2006 Soldotna Chamber of Coxnmerce, Chamber Connection.
7. 8/ 15/2006 Kenai Borough Assembly Meeting Agenda.
JAMES E. & SUE C. CARTER
Post Oftice Boa 212
1505 Toyon way
Kenai, Ataska 99611
Telephone: 907-283-9292
Email: cartee-ak-az(alatt.net
August 1, 2006
Mr. Rick Koch, City Manager
CITY OF KENAI
210 Fidalgo Avenue
Ke~ai, Alaska 99611
Dear Rick:
~ ''
~ JUL J 1 tuuu ;
< ~
~~~r>!,'~I C9iY CLE~
We would like to express our sincere appreciation to you and your staff for your
courteous and prompt response to the "beach dilemma" faced by the residents of
Toyon Way whose properties overlook that area.
The noise, illegal £res by the vegetation, racing of dirt bikes, 4-wheelers and trucks,
and the inappropriate behavior taking place on the beach beginning i~ early May
left us, as welt as our neighbors, frustrated, angry and overwhelmed. We
appreciated you listening to our concerns and enacting measures to address the
situation.
We would be remiss if we did oot express our thanks to your beach patrol who did
an admirable job in sustaining order this past dip net season. Our only observation
would be that it would be very helpful if the City would consider starting the beach
patrol beginning in early May and running through Labor Day.
Again, we would like to express our thanks to you and we look forward to working
with you in the future.
Sincerely,
~~~ ~
/ ~~ e~_-
o & Sue
CC: Aonorable Mayor and Members of Council /
' ~
August 2, 2006
The Honorable Pat Porter
City of Kenai, Alaska
210 Fidalgo Avenue
Kenai, Alaska 99611
Subject: BoIshoy Kamen ParEnership
Dear Mayor Porter:
' '
Leaders at the Core of Better Communities
Fi~ F ~~:~--.._
6"'..---.._. ~~ .,r
, AUl;-7~~
'r,,~~, ~--~___ !
__- `~ ~''___' '~C(~E+~'~ ~
I want to take this opportunity to thank you for hosting the recent Bolshoy Kamen delegation to
your wonderful city. Your hospitality and willingness to provide open access to Kenai city
officials was very gracious and served to create the perfect environment for a truly successful
technical assistance exchange. From my trip observations and reports from both Nina Kovtun and
Alexander Andryukhin, I Imow that the parinership is going to be one of our shrning stars in the
ICMA CiryLinks program. Please share our thanks and gratitude to all those who participated
during the week.
In particular, I want to mention the assistance we recerved from Dee Gaddis during the week.
Dee's enthusiasm and personal interest in the partnership is invaluable. We hope that she can stay
involved in the CiryLinlrs program through to its ultimate completion. Consistency of personnel is
critical Yo the success of the CityLinlrs parinerships and to this point, we would like to confirm the
second Kenai official that will work with Dee for the remainder of the program. Dunng this past
exchange, with Dee's expertise and guidance, we finalized the action plan for the Bolshoy Kamen
small business support center. We are now preparing for the third exchange back to Bolshoy
Kamen and are tentatively planning a tnp in late September or early October. As you lrnow, Nina
and Alexander have requested the participation of Professor Raymond Zagorski. Your assistance
in pinning down confirmation of Dee's partner as soon as possible is requested.
Again, thank you for all that you did to make the last exchange such a wonderful success. I look
forward to my next visit to Kenai.
Sincerely,
~~v~~~~
Susan Cosner
cc: Dee Gaddis
Irina Isaeva
Bill Monahn
Elena Vershinina
bcc: Kelly Cullum
777 North Capitol Street, NE ^ Suite 500 ~ Washington, DC 20002-4201 ^ 202 289 4262 ^ 202 962 3500 faz ^ icma.org
.
August 4, 2006
Mayor Pat Porter
'- Ciry of Kenai
RECE~`.`~~ ~
~.,~
~ AU6 - 8 2~
K~€VAI CiTY CLER~
~ Mayor Porter - ~ ~ ~. ~ p. ~~
_ ~, _ > _~ _ ~ „ ,~ ~ , .
~~ v.,,~ ..
We were thrilted to receive the news that North Star Destination Strategies had been
selected to provide its BrandPrint program for the City of Kenai. As you also know, we
are already working on a similar program with the Ke~ai Peninsula Tourism Marketing ,
Council. After reviewing the timing and scope of work for both opportunities, we feel it
is in the best interest for the City of Kenai if we postpone your program until KPTMCs
regional program can be completed. "
The Kenai Peninsula BrandPrint will focus on creating a strong regional tourism brand,
complete with research and insights on what makes the entire region unique and
distinct We strongly believe the City of Kenai will benefit from the learning and `'
recommendations of the Kenai Peninsula's regional BrandPrint program. Once the
regional program is completed ~an: Feb.} we would love the opportunity to continue '"'
with your decision to begin a Communitywide BrandPrint program for the City of Kenai
in spring 2007.
Best of luck in your immediate future and we encourage the City of Kenai to stay
invoived in the current Kenai Peninsula BrandPrint program.
Sincerely,
.: ,
~~l..tf-.S. ~..aQ~
Steve Chandler
President
_,
~ 320 D~SSPAYNE DkNE
~ ~ NASHVILLE,TN 37214
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Municlpal
h~ j FLOAT PLANE ~QSIN ACTIV[TY
e~:. 2002-2006
~~°~~~~~~~~~~~~~~°o~~~~~~~~'
OPERATIONS
~-------------- -------
Month 2006 2005 2004
s2003 2002
APRII 0 2 0 0 0
MAY 99 114 99 86 94
JUNE 151 317 161 158 223
JULY 265 327 428 259 345
AUGUST 238 342 287 233
SEPTEMBER 227 134 215 153
OCTOBER 100 40 63 37
NOVEMBER Closed Closed Ciosed 10
`T tal,. ` .::. v . ,~ 5.. ,:, ,, 25 ° ~ • . 2 ~ 468 . 085 `
_________~~ ___notreported____~
FUEL SALES
-----------------------------------
Month 2006 2005 2004 2003 2002
MAY $0 $1,035 $452 $835 $98
JUNE $909 $3,101 $2,209 $1,391 $1,986
JULY $3,138 $3,461 $2,095 $1,773 $2,757
AUGUST $3,365 $2,041 $2,5T3 $2,419
SEPTEMBER $2,811 $792 $2,219 $983
OCTOBEFi $6S3 $26 $263 $65
Total„ =+ _ ~- - ; 047 " ;- 14'466 ` 7'615 : ~ 8 993 i= 8,308' .
Si1ps Rented
Private 9
Commerical 0
Rev 8/2003
Department of Revenue State of Alaska
rax o~vision, Gaming ~roup 2006 Gaming Permit Application
Po eox i toa2o AS 0515 020
'
1
Juneau,AK 9981~-0420 . . ~~~~'.
Telephone 907.4652320 ''i
7his form is also available on the Intemet at www.tax.state.ak.us/lorms.asp '~,
ORGANIZATION INFORMATION ~
Fetleral Emptoyer Itlentification Number (EIN) Permit Number '
Date Stam
94-3112445 1259 •'• •
Organization's Name Telephone Number
Kenai Peninsula Food Bank 907-262-3111
Mailing Adtlress Fax Number
33955Community Drive 907-262-6428
City State Zip Code E-Mail Address ~
Soldotna AK 99669 kpfoodbanked@acsalaska.net
NPE OF ORGANIZATION. (Check one box. Por defnitions see AS 05.15.690 and 75 AAC 160.995.)
QCharitable ~Fraternai ~POlice or Fire Department
~Civic or Service ~Labor ~Political~
~DogMushersASSOCiation ~Municipality ~Religious
~Educationa~ ~NOnProfitTradeAssociation ~Veterans
~FishingDerbyASSOCiation ~OutboardMOtorAssociation ~IRNNativeViliage
ORGANIZED AS
QCorporation ~Partnership ~Association
PERSONS IN CHARGE OF GAMES. Persons must be active members oF the organization, or an employee of the municipality, and designated by the
organization. Persons may not be licensed as an operafor, vendor, or employee of a vendor.
Primary Membefs First Name M.i. Primary Membefs Last Name A~ternafe Member's First Name M.I. Allemate Mem6ers Last Name
Dayne Clark Gwen Preston
Social Securily Number Daytime Telephone Number Daytime Telephone NumOer
907-252-4764 907-2fi0-2052
Home Mailin9 Adtlress Home Mailing Address
PO 8ox 2620 PO Box 1151
Ciry State ZipCode City Slate ZipCade
Soldotna AK 99669 Kenai AK 99611
Has the primary member taken and passed ihe tesl? X^Yes ^NO Has the altemate member taken and passed ihe test? X~Yes ~No
Pertnit number under which the test was taken: 1259 Pertnit num~er under which the lest was taken: _ 1259
THESEQUESTIONSMUSTBEANSWERED. (Seeinslruciions.)
~ Yes X~ NO Has any member of management or any person who is responsible for gaming activities ever been comicted ot a felony,
extortion, or a violalion of a law or ordinance of ihis state or another jurisdiction that is a cnme involving theR or dishonesty
or a violation of gamblin
es any member of management or any person who is responsible for gaming activities have a pmhi6ited conflict of
interest as de(netl by 15 AP.C 160.954? .
We dec(are underpenalty ofunswom falsification, that we have examined this application, including any aftachments, and tbat to the
besf of our knowledge and belief, it is frue antl complete. We onderstand thaf any £alse statement made on fhis app~ication or any
aftachme~ts is punishab/e by law.
Pr or Alternate embe's Signa re Printed Name Date
~`~~l Gwen Preston 8/1l2006
President or Vice-PresidenPS Signature (See insGuctions.) Pnnted Name Date
I i
~wwV`~~
Jon Walters
8/1/2006
The permit fee is based on 2005 estimated gross receipts. Make Checks Payable to the S1ate of Alaska
X^ $0-$2Q000=$20.00 ~ $20,001-5700,000=$50 ~ $t00,00tormore=8100
Two copies of this application must be sent to all appiicable municipalities
and 6oroughs.
See instructions for mandatory attachments.
Form 04-826 Application Front (Rev 09/05) Page i
2006
A Legacy of ~ts Own
Weekly luncheons have
moved to...........
Froso's Restaurant
35~33 Kenai Spur Hwy
~13.00 for lunch ~
i behatf of' ehe Soldoma Chamber Board of
Directors and the entire Staff, we wish to thank
everyone who contributed time.
money and creativiry to he(
make this another success-
ful Progess Days
Event We appreciate
everyone who volun-
teered their time,
sponsored the event,
entered Yhe parade, fhe
patients of those who live
and work along the parade
route and all who came to
join in the fesuvit~ies. Saturc
esCimates of over 400o peo~,.,. ... ,,..,
Soldotna Creek Park celebration. Ihe
Greatlanders Air force Band was a great hit,
they played both Sawrday and Sunday for the
free community BBQ. There were over 50
vendors Sa['urday and many remained to serve
the crowd on Snnday. Over 100 entries for the
parade. Great floaYS and panicipation from the :~.:..
corrununity. We would like fo recognize our
sponsors: Marathon, Alaska USA, Great Bear
Ford and Chevron. Without sponsors it would
be difficuk to fund these wonderful communify
events. A gracious thank you to our. Royalty; ;..
Tom Beodeker, serving as our Grand Yiarshal .
and :Qorm and Barb Blakely as our "Queen" ~
and "King". All three of these~individuals have
eontribuYed to Yhe legacies m our tgwn, and`the
Progress of Soldotna. We would like io ~~-
recognize the Peninsu(a Clarion foc the special
coverage; the VFW for providing Col`or Guard.
Missionaries of:L,aCCer Day Saints-for doing a
great job wit6 directing traffie on~Sawrday.
These guys~~always.~ome through and help
out; we;;appreciate:-their Yime and effort. The
Peninsuta~:0ilers for the use of their Kid Zone
Jumping Toys. Lybden Transport for 'setCing
the sYage' with loaning us a 36' flaf bed trailer to
use as our judges stand and for the final
touches we thank the VFW for decorating the
stage. Barbara Ruckman for overseeing the
volunteer judges- Sammie Cole, Ralph
~Seloon. Yeter Micciche. Ron Delaney.
3eddow and Sherzil Millerfor
y~our invaluable hetp at the
judee's stand. Merri(I Sikorski,
our Master of Ceremonies who
as always was exceptional.
Kay Lytet a•ho started the
parade with singing the National
Anthem, the City of Soldotna
md Kathy Dawson, Andtew
'azmichaet, the Sport Center Staff
nd Soldotna Potice Department
x ali their heip and support.
.;reat S3ear Ford, for providing
cars for the many digniraries who tumed out
Yo help~~as well as the truck for the Chamber to
use for haulin~ si~ns, delineators and what-
ever eise we needed. Terry Coval for the use
of his road siens.. the Kenai Peninsula
. Burough for the use of their building and
power and Kenai Watershed Forum for setting
yp our large tents. ro all the individuats thet
gave of tl~eir time to insure the success of
Piogress Days; Ke~ Lancaster, Charlie
-~' Weimer, Norm and Barb Blakeley. Mike
Sweeney, Lisa Roberts, Kathy Dawson,
Rebecca Hanson. and the young Marines.
Thank you to ~he Racing Lions for another
successful car show. 'Ihank you to the over 50
vendors that came together to welcome the
crowds after the parade. Thank you ro fhe
community for sharing in Yhe celebration of
Soldotna's 46[h annual Progress Days. On
Sunday the city gave away over 800 hotdogs,
chips and coca-cola in 2'/: hours. That was a
record. Everyone had a great time and the day
was a geat success. The city of Soldot~a and
many volunteers were very pleased with the
day's activities.
t,rnnnn~ cn~ ntnar- amhor rr~m
vvw~nT.soi otnacnarnl~er_com
'HAMB[R
RECTORS
:~dvertising sales for the Soldotna map by Lawton F -
cation witl start E\ugust 7. This map will once again~
provide ad space for Chamber members only who
~vish to have their messaee reach the thousands who
visit and request information from the Visitar &
~ Chamber office. The advertising representative,
Larry Johnson will be contacting you soon to offer
you the opportunity to
'Put Y"our Business on the Map'.
.
"Great information" s ~ ,
- '
,
" Very helpful!" ~~~'~t"~' °' ' ,~
--t
_ "Love this place!" ' ~
•
.~ .
-
~
"Awesome!"
• • • I 9 ' 1 1' "' i
~.
• :
^Very I3etPfu4Thanks!"
.
"Love Soldotna!!!"
•' "Beautiful!" ~~ ~EW ~lY ~ARKET
-
_.. _. _ _ _
~ . Q~_~~ ~~~ . ~ . ~ ~~ ~~~~ ~ ~~ ~
- . - "Great help in cenfer!"
~.- ~
"
" i/4 Mile down river from Cunningham Park
Wonderful Help! on Beaver Loop Road i.o to 2.6 acres
• • ' "Excellent Information"
~ ~- ~ ~ Southern Exposure - No wetlands
These are just a few of the T
Panoramie ~ ie~~v of River & Mountains
•.. ~ommencs ~vnccen in our ~uesc ~ Electric & Gas - DSL & Phone
~.- . book in me v~sitor c~ncer~s
summer.0ur staff is doing a
_.___ . _r.__. __.~_
~'' • fantastic job in the visitor
'" ' Our numbers are
center ` ~ ~ ~ ~ ~ ~ ~ • ~
.: ,
remaining strong for July, and ~, jtt107~-_ _
we continue to direct our Q
~~~ ~
~ ~-- ---- ~
f__
' ' '
visitors to chamber member _
,-- ~
.~~
= $i. ` ` - - - ~ . --"' '~ ,... r; f=-:
_
-•
~ ~ ~~ businesses ~ ~ L1
(• ~~~~~. ~
~ I~ ,, ~ M f ~~ Q
'
The summer rusl~ is still going r
~ i
~_
. -
~ I ~ ~„` ,~" .~ _` i "'
`~`~
strong despite the low numbers s
~
~u ~.
~„'~ ` o~~ y ~
~~~ ~'~~
~~ ~~~
for reds. If you haven't met ,
i ~{ ` (, ~
~ ~ ^_~ , P " ~
,.~u ~ , e
-
~
~ Patricia, Nate or Jenna yet, ~ i
~
,,~ ° ~.
~~
° come on by and say heilo.
The
're terrific! ~~ n
,~u '°'" '_~ ~~
s
y ~ z
~
'~~ -~
. a~'t ~ y ~
o
~,~~
o.
SylviaReid ~
~ ~
VisitorCenterCoordinator www.kenai-river-pro;~~=`~v.conl
•2•
~~vwtnT.sai c~tnacr~amber.com
_,#-~-,~ --s.,~F-~~, . _ ~
r~ ~ - ~~'~.",~,"~ ` ;, `~.,
« :..~. , `~: ~"` -k:,;a - ~.~ ,.~
'° ~~ ~ Beautification '~~t "~
,.~,.~,.,,,,
' imat~ons are bein~> accepted for the Soldotnat ;~',~
~? Chamber s Beautiiicacion awards program eac1~
~? week from August 1 st - August 3 I st This F s
program recognizes uidividualresidencesand ~~
?~~.._.._..~
'~~ businesses for their iandscaping beautificauon ~°„~..~~
;'~>' ~ eFforts aromid the Soldotna ,Area. ,~C^.^~ ~
~i~maig businesses will proudly display a sign ... ;_~
proclaiming them tl~e In addition, a picture aF ~: ;~
thewinninelandscapeswillbepubhsh,~ ~~~
~~~* 4
inthePeninsulaClarion, _~,~,, ~-~'~J'
W inners will be announced at the weekly ~'~`','
Soldotna Chamber luncheon, and wi11
,
receive a ~25.00 ^ifr certificate '"-"
Y. courtesy of Kenai Kiver Nursery.
:'•"=k-~- Cati262-9R14 ,:~:~
~ . ..°~;/~~C`r.~. ~,..._.e,,i
_ `~ ,
Look For ~'our
Ad Packet
Coming ~oon
in the ?i/~ai1
-Useful Visitor Information
-Direct Mailed to Targeted
Competitive Rates
OPEN 7 DAYS A WEEK
~ ' MINISTORAGE ~ i~~~
' PACKAGING STORE
#~p- p~} }'q 14 FT. MOVING VAN
STIIR tY'LYK i•rM.;iLOCALLYDWNEOFAROYE1~IBYFARS?t:.
• Manager & Office On Site • Senior Discounts
• Well Lighted Units • File Siorage Cabinets
• 2040ft. Container Sales • 20 & 40 ft. Connex Containers on
• Penmeter Fence & Electronic Gate With & Off Site
Keypad Cotled Access ~• Open Storagefor RV's Boats,
• Video Surveillance
MASiER ~0~ ~~L~~~~~ NOUR
Y ~ V ~~
•3•
August 1: Candidate for Governor Forum.
August 8: Candidate for House District 33 Forum
August 15: Candidate for Lt. Governor Forum ,
August 22 : Progress Days and Beautification Awards
August 29 : Robert Brunett, Gov. Contract Specialist - Division of SBBC
CHAMBER OF COMMERCE
City of Kenai
Mayor Pat Porter
210 Fidalgo Ave.
Kenai, AK 99611
PRSR1
U.S. PO~
PAi
SOLDOT
PERMI7
www.so~"d-atnac~iamber.com
_ ~
STA
"TO PROVIDE ENHANCED SUCCESS
AS A DRIVER IN
SOLDOTNA'S FliTURE" `
The Soldotna Chamber Connection is amonthly publication of the Soldotna Chambe~ of Commerce. This publication is sent
to members and associated organizations. Comment or suggestions to the newsletter are always welcome.
Please submit them to robyn@soldotnachamber.com
44790 Sterling Hwy
Soldotna, Naska 99669
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~I -I NI ~I
Kenai Peninsula Borough
Assemblv A~-~~uu
August 15, 2006 - 7:00 p.m. Regulaz Meeting Borough Assembly Chambe~s, Soldoma, Alaska
on Long
ssembly President
eaY 6 - Eact Penir~sula
'erm Fxpires 2006
ete Sprague
ssembly Vice President
eat 4 - Soldotna
'erm Fxpires 2007
7an Chay
ssembly Member
eat 1 - Kalifornsky
'erm Ezpires 2006
'aul Fischer
ssembly Member
'eat 7 - Central
'errr"~~ ~~~~~ires 2007
). .~'Germana
fss~.ably Member
'eat 8 - Hamer
'erm Fxpires 2008
largaret Gilman
fssembly Member
~eat 2 - Kenai
"erm Fxpires 2008
di11i Martin
fssembly Member
ieat ~9 - South Peninsula
''erm F~pires 2006
irace Merkes
4ssembly Member
ieat 5-Sterling/Funrry River
Perm Espires 2008
3ary Superman
4ssembly Member
ieaz 3 - Nikiski
Term Fxpires 2009
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
D. ROLL CALL
E. COMMITTEE REPORTS
F. APPROVAL OF AGENDA AND CONSENT AGENDA
(All items listed with an asterisk (') are considered to be routine and non-controversiai by t6e
Assembty and will be approved by one motion. There will be no sepazate discussion of t6ese
items unless an Assembly Member so requesu, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda.
G. APPROVAL OF MINUTES
* 1. August 1, 2006 Regular Assembiy Meeting Minutes . . . . . . . . . . 1
H. COMMENDING RESOLUTIONS AND PROCLAMATIONS
I. PRESENTATIONS WITH PRIOR NOTICE (Lunit ro 20 minuus toral)
J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE
t~GENDt~ (3 minutes per speaker, 20 minuus aggregate) ~
K. REPORTS OF COMNIISSIONS AND COUNCILS
L. MAYOR'S REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
1. Agreements and Contracts
a. Spruce Bazk Beetle Mitigation Program:
• Approval of contract with Steve's Tree Service for K-
Beach Mile 3 ROW Project . . . . . . . . . . . . . . . . . . . . 41
• Approval of Bid Award to Paul's Services for Ocean
Drive Loop #2 ROW Project . . . . . . . . . . . . . . . . . . . 42
-7
August 15, 2006 Page 1 of 6
b. Approval of Coniract with Blakeley's Auction Company for KPB ,
Public Outcry Auctionearing Services . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
c. Approvai of Conlract with Northern Office Supply for Mobile Filing
System at Kenai River Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
d. Approval of Sole Source Contract with Welding Services for
Bleacher Removai at Old Seward Middle School . . . . . . . . . . . . . . . . . . 47
e. Approval to Awazd Contract to NGE, Inc. - Tema Firma Testing for
3pecial Inspection Services for South Peninsula Hospital East
Addition and Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
f. Approval to Awazd Contract to Columbia Restaurant & Baz Supply
Company for CPGH Phase 2 Refrigerating and Icemaker . . . . . . . . . . . . 49
g. Approval to Awazd Conteact to CIC Inc. for Site Development at CES
Kasilof Station #6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
h. Approval of Coatract with McKenzie Transportation for Hauling
Services from Central Peninsula Landfill to Anchorage . . . . . . . . . . . . . 52
2. Other
a. Report from Borough Grant Recipients dated August 3, 2006 ........ 53
b. Budget Revisions - July 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
c. Itevenue Expenditure Report - July 2006 . . . . . . . . . . . . . . . . . . . . . . . . 75
M.
N.
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None
PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per
speaker)
1. Ordinance 2006-19-O1: Accepting and Appropriating on Behaif ofKachemak
Emergency Service Area a Rural Fire Assistance Grant from the Alaska
Department of Natural Resources (Mayor) (Refened to Finance Committee)
..............................................................7$
2. Ordinance 2006-19-02: Accepting and Appropriating $10,000 from Michael
Anderson as a Public Interest Contribntion to Develop and Conduct an
Environnaental Protection Symposium on Crravel Pits and Grauel Pit
Operation (Mayor) {Referred to Policies and Procedures Committee) . . . . . . . . 81
August 15, 2006 Page 2 of 6
3. Ordinance 2006-19-03: To Apply Revenue of $702,515 Received From the
State of Alaska Department of Administration, Division of Retirement &
Benefits, to the Borough's Unfunded Public Empioyees Retirement System
Liability (Mayor) (Referred to Finance Committee) . . . . . . . . . . . . . . . . . . . . . . 83
4. Ordinance 2006-19-04: Accepting and Appropriating on Behalf of Bear
Creek Fire Service Area Two Fire Assistance Grants from the Alaska
Depariment of Natural Resources (Mayor) (Referred to Finance Committee)
...............................................................8'7
5. Ordinance 2006-19-05: Accepting and Appropriating a D'uect Lump Sum
Payment of $2,069,000 from the U.S. Forest Service for Spruce Bazk Beetle
Mitigation Program VTork (Mayor) (Referred to Finance Committee} . . . . . . . . 92
6. Ordinance 2006-19-07: Appropriating $~07,000 in Central Peninsula General
Hospital Plant Replacement and Expansion Fund for Patient Monitoring and
Telemetry Equipment (Mayor) (Referred to Finance Committee) . . . . . . . . . . . 97
7. Ordinance 2006-19-09: Accepting and Appropriating a State Crrant in the
Amountof $1,800,OOOforBorough-WideRoadUpgrades(Mayor)(Referred
to Finance Committee) ............................................102
8. Ordinance 2006-19-12: Appropriating $22,925 from Kachemak Emergency
Service Area Capital Projects Fund Balance for Purchase and Installation of
a Fire Station Generator (Mayor) (Referred to Finance Committee) . . . . . . . . . 110
9. Ordinance 2006-30: Amending Chapter 5.20 ofthe Kenai Peninsula Borough
Code Regazding Funds and Account Groups (Mayor) (Referred to Finance
Committee) ....................................................113
10. Ordinance 2006-32: Amending Chapter 5.04 ofthe Kenai Peninsula Borough
Code Regazding Budget Procedures (Mayor) (Referred to Policies and
Procedures Committee) ................~..........................121
1l. Ordinance 2006-33: Amending KPB 17.50.030 and 17.50.035 to Facilitate
Removal of Hazard Trees on Borough Land (Mayor) (Referred to Lands
Committee) ....................................................125
O. UNFINISIiED BUSINESS - none
August 15, 2006 Page 3 of 6
P.
NEW BU5INESS
l. Bid Awards
*a. Resolution2006-073:AuthorizingCapitalImprovementProjectCost
Allocation and Awazd of Contract for the Spruce Creek Bridge
Replacement Capital Improvement Project (Mayor) (Referred to
Finance Committee) ........................................132
i
*b. Resolution 2006-074: Authorizing Award of a Contract for the Old
Seward Middle School Demolition (Mayor) (Referred to Finance
Committee) ..............................................135
2. Resolutions
*a. Resolution 2006-075: Approving Changing the Natne of Central
Peninsula General Hospital to Centrai Peninsula Hospital (Mayor)
(Referred to Policies and Procedures Committee) . . . . . . . . . . . . . . . . . 138
*b. Resolution 2006-076: Supporting Kachemak Bay Equestrian
Association's Cottonwood Horse Pazk Project (Germano, Martin)
(Referred to Legislative Committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
3. Ordinances
*a. Ordinance 2006-19-13: Accepting and Appropriating a State Grant in
the Amount of $20,000 for Purchase of Borough Property by the
Kachemak Gun Club, Inc. (Mayor) (Fiearing on 09/19/06) (Referred
to Finance Committee) ......................................144
*b. Ordinance 2006-19-14: Accepting and Appropriating a State Grant in
the Amount of $10,000 for Purchase of Respiratory Support
Equipment for Newborn Infants at South Peninsula Hospital(Mayor)
(Hearing on 09/19/06) (Referred to Finance Committee) . . . . . . . . . . . 150
*c. Ordinance 2006-19-15: Accepting and Appropriating a State Grant in
the Amount of $30,000 for Pre-Development Activities for Senior
Housing for Anchor Point Senior Citizens, Inc. (Mayor) (Hearing on
09119/06} (Referred to Finance Committee) . . . . . . . . a . . . . . . . . . . . . 154
*d. Ordinance 2006-19-16: Accepting a$38,500 Grant from the State of
Alaska for the Borough's Coastal Management Program (Mayor)
(Hearing on 09/19/06) (R.eferred to Finance Committee) . . . . . . . . . . . 158
August 15, 2006 Page 4 of 6
*e. Ordinance 2006-19-17: Accepting and Appropriating a State Grant in
the Amount of $17,000 for Purchase of a Brush Fire Attack Vehicie
for the Anchor Point Fire and Emergency Medical Service Area
(Mayor) (Hearing on 09/19l06) (Refeaed to Finance Committee) .... 162
*f. Ordinance 2006-19-18: Appropriating $400,000 from the General
Fund to Support a L,awsuit Against the State of Alaska Concerning
Educational Funding (Mayor} (Shortened Hearing on 09/OS/06)
,_ (Referred to Committee of the Whole) . . . . . . . . . . . . . . . . . . . . . . . . . 167
(Note: Kenai Peninsula Borough School Board &Administration has
been invited to participate at this Committee MeetingJ
4. Other
a. Approval of Ballot Proposition Summaries (Refeaed to Policies and
Procedures Committee) .....................................173
Q•
R.
S.
T.
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per
speaker)
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
September 5, 2006 7:00 PM
ASSEMBLY COMMENTS
Regular Assembly Meeting Soldotna
PENDING LEGISLATION (This item lisu legislation which will be addressed at a later date
as noted.)
Ordinance 2006-19-06: Appropriating $250,000 from the $orough's General
Fund Balance to Partially Reimburse the CES Capital Project Fund for its
Contribution for Construction of an Emergency Response Center (Mayor)
(Hearing on 09/OS/06) (Refened to Finance Committee)
2. Ordinance 2006-19-08: Appropriating $150,000 in the Borough's General
Fund for Transfer to the General Government Capital Projects Fund for
Capital Improvements at Borough Facilities (Mayor) (Hearing on 09/OS/06)
(Referred to Finance Committee)
3. Ordinance 2006-19-10: Accepting and Appropriating Pour State Grants
Totating $105,OOQ for School Projects (Mayor) (Hearing on 09/OS/0~
(Refened to Finance Committee)
August I5, 2006 Page 5 of 6
4. Ordinance 2006-19-11: Accepting $325,080 from the Staze of Alaska for the
Locai Match to Federal Funds for Keystone Drive Road Improvements and
Appropriating the Grant to a Road Service Area Capital Project Account
(Mayor) (Hearing on 09/OS/06) (Referred to Finance Committee}
5. Ordinance 2006-21: Amending KPB Chapter 5.12 to Require That a Senior
Citizen or Disabled Veteran must Be Eligible foraPermanentFund Dividend
for the Same Yeaz or for the Immediately Preceding Yeaz in Order to Receive
- the First $150,000 Exemption from the Assessed Value of Real Property and
That, in Order to Qualify for the Unlimited Exemption above $150,000, the
Senior Citizen or Disabled Veteran must Have Been Absent from the Kenai
Peninsula Borough for No More than 90 Days in the Calendaz Year with
Certain Exceptions and Have Met a Residency Requirement (Superman,
Germano) (Hearing on 09/OS/06) (Refened to Policies and Procedures
Committee)
6. Ordinance 2006-26: Amending KPB 5.12.105 to Require Late-Filed Senior
Citizen and Disabled Veteran Properiy Tax Exemption Applications to be
Filed by February 15 of Each Year (Germano) (Hearing on 09/OS/06)
(Referred to Policies and Procedures Committee)
7. Ordinance 2006-27: Changing the Name of Centrai Kenai Peninsula Hospital
Service Area to Healthcaze Service Area of the Centrai Peninsula, and
Changing the Number of Members of the Board from Seven to Nine (Mayor
at Request of Centrai Kenai Peninsula Hospital Service Area Boazd) (Tabled
on 06/20/06) (Referred to Policies and Procedures Committee)
8. Resolution 2006-029: Reclassifying Certain Borough Land in the Sunrise
Area Pursuant to KPB 17.10.080 (Mayor) (Tabled on 04/04/Q6) (Referred to
Lands Committee)
U. INFORMATIONAI. MATERIALS AND REPORTS
V. NOTICE OF NEXT MEETING AND ADJOURNMENT
The next meeting of the Kenai Peninsula Borough Assembly will be held on September 5,
2006, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.
This meeting will be broadcast on KDLL-FM 919 (Central Peninsula), KBBI-AM 890 (South Penenrula),
K201A0-FM 88.1(East Peninsula).
Copies of agenda items are available at the Borough Clerk's O~ce in the Meeting Room just prior to dhe
meeting. For further infarmation, please call the Clerk's Office at ~14-2160 or toll free within ehe Borough at 1-800-
478-4441, Ext. 2160. Visit our website at ivww.borough.kenai.alcus for copres of the agenda, meeting summaries,
ordinances and resolutions.
August I5, 2006 Page 6 of 6
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AGENDA
ENAI CITY COUNCIL - REGULAR MEETING
' AUGUST 16, 2006
~?' 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
ti
Kna~sxa http://www.ci.kenalak.us
ITEM B: SCHEDU~ED PUBLIC COMMENTS (10 minutes)
ITEM E: PUBLIC HEARINGS
1. Ordinance No. 2779-2006 -- Increasing Estimated Revenues and
Appropriations by $25Q000 in the Airport Fund to Purchase Fire
Training Props and Equipment.
2. Ordinance No. 2180-2006 -- Repealing the Existing KMC 21.05
(Airport Administration and Operation), KMC 21.10 (~easing ot Airport
Lands), KMC 21.15 (Provisions Required) and KMC 21.20 (Policy
Goveming Modification of Existing leases), and Replacing Them With
KMC 21.05 (Airport Administration and Operation), KMC 21.10
(Leasing of Airport Reserve Lands) and KMC 21.15 (Lease and Sale of
Airport Land Outside of the Airport Reserve).
3. Resolution No. 2006-4~ - Supporting the Ciry's Application to the
Alaska Department of Environmental Conservation SFY 08 Capital
Municipal Matching Grant Program for Well No. 2 Water Treatment
System Including Water and Sewer Main Connections.
4. Resolution No. 2006-48 -- Directing the Continuation of the Project
Entitled "Shamrock Circie" and Designating Whet improvements are to
be Included in this Project.
5. Resolution No. 2006-49 -- Declaring Equipment, Supplies, and
Materials SurpWS or Obsoiete.
6. *liquor License Renewal -- WITHDRAWAL OP PROTES7 -- Kings
Inn Property Management ~LC d/b/a Kings inn Hotei, Restaurant,
Lounge, LLC (Mr. D's)/License #2457
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. * Ordinance No. 2181-2006 -- Increasing Estimated Revenues and
Appropriations by $20,000 in the General Fund Library Department for
a State Grant.
4. *Ordinance No. 2182-2006 -- Increasing Estimated Revenues and
Appropriations by ~40,000 in the General Fund Poiice Department For a
State Grant.
5. *Ordinance No. 2183-2006 -- Repealing the Existing KMC 7.30
(Airport Land and Terminal) and Replacing it with a New KMC 7.30
(Airport Sale Permanent Fund).
6. 'Ordinance No. 2184-2006 -- Amending Portions oi KMC 1.56 (Kenai
Municipal Library Department) and KMC 1.57 (Library Commission)
Regarding Lending Policies, and Repiacing the Term "Librarian" with
"Library Director."
7. 'Ordinance No. 2i85-2006 -- Establishing a Central Mixed Use Zone
(CMU) at KMC 14.20.125 and Amending the Various Parts of the Kenai
Zoning Code by Adding the Provisions to Encompass the New Zone,
and Updating Portions of the Land Use Table at KMC 1422.010.
8. *Ordinance No. 21864006 -- Amending Estimated Revenues by
$3,580 in the Senior Citizen Title III Fund and Increasing Estimated
Revenues and Appropriations by $1,000 in ihe Senior Citizen Fund.
9. `Ortlinance No. 2187-2006 -- Increasing Estimated Revenues and
Appropriations by $24,630 in the Generai Fund to Pay for Attorney's
Fees Awarded in the Recreation Center Litigation.
10. Approvai -- Amendments to City of Kenai Mini-Grant
Overview/Procedures.
1 t. Approvai -- Negotiation of lease/Alaska Regional Fire Training Facility
by Homer Electric Association.
EXECUTIVE SESSION -- None Scheduled.
ITEM N: ADJOURNMENT
The public is invited to attend antl participate. Additional intormation is
available through the Ciry Clerk's office at 210 Fidalgo Avenue, or visit our
website at http://www.ci.kenai.ak.us.
Carol L. Freas, City Clerk D757/271