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Home My WebLink About2011-09-07 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Council Meeting Date: ? ; o—ur q t i Mayor Council - Bookey, Boyle, Gabriel, Moore Clerk PC City Manager Library Vc City Attorney Fire Department Kebschull Student Rep. pZ Finance fY,, Cunningham Hall Binder Clarion KSRM Mellish Schmidt ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. COUNCIL MEETING OF: 7cI( M V DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY Page of DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M M M S V DALY BOYLE BOYLE '1 BOYLE Nt PORTER MOORE PORTER y MOORE MOORE GABRIEL MARQUIS GABRIEL Y MARQUIS BOOKEY MOLLOY MARQUIS N MOLLOY Page of DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M M S V DALY BOYLE BOYLE '1 PORTER PORTER MOORE MOORE BOOKEY GABRIEL MARQUIS BOOKEY MOLLOYM MARQUIS MOLLOY Page of DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M S V DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOYM M DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY COUNCIL MEETING OF: M S V DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY Page a of a- S DALY BOYLE - PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M S V DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M S V DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M S V DALY BOYLE PORTER y MOORE - GABRIEL 7 BOOKEY MARQUIS MOLLOY \) M S V DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY Page a of a- S DALY BOYLE - PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M S V DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M S V DALY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY COMMENT SIGN -UP SHEET MEETING OF: NAME MAILING ADDRESS TOPIC OR AGENDA ITEM? cog y ‘A -CTACs riF ADD TO: ADD TO: ADD TO: ADD TO: None. SEPTEMBER 7, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: ITEM D -1. Ordinance No. 2546 -2011 Council Member Molloy Email from Kellie Wannamaker Email from Dale & Janet Stockton ITEM G -10. Action /Approval -- ACS Easement Administration Exhibit "A" -- Easement Map ITEM G -11. Action /Approval -- ACS Easement Administration Exhibit "A" -- Easement Map ITEM G -15. -- Action /Approval -- Buccaneer Easement Administration Buccaneer Alaska Operations, LLC Kenai Loop Pipeline Plans and Legal Description CONSENT AGENDA Corene Hall From: mboyle @alaska.com Sent: Monday, September 05, 2011 10:26 AM To: Mayor Porter; Corene Hall Subject: Telephonic participation Mayor Porter, Please consider this official notification of my intent to use an option for telephonic participation for the September 7, 2011 meeting persuant to KMC1.115.130(n). I will be participating from the Ayers Hotel in Redlands, CA - address: 1015 Colton Ave, Redlands Ca 92374. Phone # 909 335 -9024 I will be participating using phone # 907 252 9208. I can be contacted at the participation number if you have any questions. Please acknowledge receipt of this communication. Thank you, Mike Corene Hall From: Joe Moore [joem @altrogco.com] Sent: Thursday, September 01, 2011 2:51 PM To: Corene Hall Cc: Rick Koch; Mayor Porter Subject: notice of telephonic participation Hi Corey, This is my notice of my intent of telephonic participation for the September 7 council meeting. I will be in Kauai, HI at the Kiahuna Plantation Resort. At this time I will plan on using my cell phone @ 907- 398 -1831. If I have a better number I will contact you prior to the meeting. Thanks Joe Joseph L. Moore CPA Altman Rogers & Co. 907- 262 -7478 AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Person: may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and or others' behalf.) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. Swearing in of Student Representative 6. Proclamation -- National Preparedness Month ITEM B: (10) SCHEDULED PUBLIC COMMENTS (Public comment limited to ten minutes per speaker) 1. Rob Nash & Associates -- Proposal to Purchase FAA Tract (3.22 Acres) From City of Kenai and Build Assisted Living Facility. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2546 -2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) 1 1 -a. Substitute Ordinance No. 2546- 2011 -- Amending KMC 14.22.010, Land Use Table, to make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zoning District. (Clerk's Note: At its August 17, 2011 meeting, the City Council moved to amend Ordinance No. 2546 -2011 by substitution, and then postponed the ordinance until the September 7, 2011 meeting. The motion to amend by substitution is active.) 1 -b. Substitute B -- Ordinance No. 2546 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District 9 25 2. Ordinance No. 2577 -2011 -- Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by $89,053 in the Airport Improvement Capital Project Fund for Capital improvements 42 3. Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. (Clerk's Note: At the August 17, 2011 Council Meeting, this item was presented as a lay down, considered by the Council after hearing, and passed unanimously. This matter is scheduled for a second public hearing to provide the public with notification and an additional opportunity to comment on this resolution. After the public hearing, the Council is expected to entertain a motion to ratify its August 17, 2011 decision to adopt Resolution 2011 -65.) 46 4. Resolution No. 2011 -66 -- Adopting a Street Name for an Unnamed Street 49 ITEM E: MINUTES 1. *Regular Meeting of August 17, 2011 55 2. *Notes from August 15, 2011 Work Session 67 3. *Special Meeting of August 18, 2011 69 4. *Notes from August 29, 2011 Work Session 71 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 72 2. Approval of Purchase Orders Exceeding $15,000 73 3. *Ordinance No. 2578 -2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and /or Technical Changes to the Kenai Municipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations 74 4. *Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase II 76 5. *Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project 79 6. *Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts 82 7. *Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub- section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub - section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet 85 8. *Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment 88 9. Action /Approval -- Utility Easement to Homer Electric Association, Inc. for a strip of land ten (10) feet in width for the purpose of installing and maintaining underground electrical lines situated within A PORTION OF THE NW '/a SECTION 33, TOWNSHIP6NORTH, RANGE11WEST, SEWARD MERIDIAN, Alaska EXCLUDING BARON PARK SUBDIVISION FIRE ADDITION (KN 97 -51); all within Kenai Recording District, the City of Kenai and Kenai Peninsula Borough 10. Action /Approval -- Utility Easement to Alaska Communications Systems, Inc. for a 10 foot wide ACS easement for a strip of land sixty (10) feet in width for the purpose of installing an underground copper and fiber optic cables situated within T6N RI1W SEC 32 SEWARD MERIDIAN KN ALL OF SEC 32 EXCLUDING SUBS & LEASED AREAS &, KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN REPLAT. KPB Parcel ID: 04318044 Kenai Recording District, where it adjoins an existing 10' Public Utility Easement on that lot 11. Action /Approval -- Utility Easement to Alaska Communications Systems, Inc. for a 10 foot wide ACS easement for a strip of land sixty (10) feet in width for the purpose of installing underground copper and fiber optic cables situated within T6N R11W SEC 33 SEWARD MERIDIAN KN W1 /2 LYING NORTH OF KENAI SPUR HWY EXCLUDING BARON PARK SUBS NO 7 & NO 12. KPB Parcel ID: 04501029, Kenai Recording District 90 98 104 12. Action /Approval -- Authorizing the City of Kenai to proceed with investment grade audit and energy performance contract with the Building Technologies Division of Siemens Industry, Inc. for the implementation of a performance contracting program to improve the system infrastructure and the operational efficiencies of City facilities 110 13. Action /Approval -- Second Amendment to Rental Agreement between City of Kenai and Homer Electric Association, Inc. for office space in the Alaska Fire Training Center at 450 Marathon Road, extending the teiui of the Rental Agreement until September 1, 2012 113 14. Action /Approval -- 2011 Election Boards 117 15. Action /Approval -- Buccaneer - Easement for line from Drilling Pad off Marathon to Enstar's vault on Main Street Loop 118 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning ez Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention & Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION -- discussing pending litigation of which immediate knowledge would have an adverse effect upon the finances of the City and to give direction to the City Attorney regarding the handling of a specific legal matter -- City of Kenai v. Gus Rodes and Janice Rodes. ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING Page No. 1. Purchase Orders Between $2,500 and $15,000 for council review 134 2. Budget Transfer in Capital Projects in excess of $ 5,000 -- 3. Unsolicited Offer to Purchase City Property -- Millennium Square 135 4. Kenai Community Library Commission Goals and Objectives 2011 149 5. Email from Virginia Morgan regarding Bear Problem Area -- VIP Subdivision151 kENALALASKA Nu• Sponsored by: Council Member Molloy CITY OF KENAI ORDINANCE NO. 2546 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE RURAL RESIDENTIAL RR -1 ZONING DISTRICT, INCLUDING CHANGING MANY "CONDITIONAL USES" TO USES "NOT PERMITTED," AND PROVIDING FOR CERTAIN "CONDITIONAL USES' FOR PROPERTIES ALONG THE KENAI SPUR HIGHWAY WITHIN THE RR -1 ZONING DISTRICT. WHEREAS, there are two {2) areas in the City of Kenai that are zoned as Rural Residential RR -1 Zoning Districts (RR -1 Zoning District "), which are the Three W's Subdivision and the area generally known as the "MAPS Area;" and, WHEREAS, in 1985, the residents of the MAPS Area desired to have the MAPS Area re- zoned from Rural Residential (RR) and Suburban Residential (RS) Zoning Districts to the RR- 1 Zoning District, and the City of Kenai re -zoned the MAPS Area to the RR -1 Zoning District; and, WHEREAS, in 1986, the residents of the Three W's Subdivision desired to have the Three W's Subdivision re -zoned from Rural Residential (RR) Zoning District to the RR- 1 Zoning District, and the City of Kenai re -zoned the Three Ws Subdivision to the RR- 1 Zoning District; and, WHEREAS, historically, residents of these areas in the RR -1 Zoning District have been actively engaged in zoning issues and processes affecting their neighborhoods, expressing their desire to maintain the development of their neighborhoods as low density residential development that creates a stable and attractive residential environment; and, WHEREAS, residents of these areas in the RR-1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR -1 Zoning District; and, WHEREAS, residents of these areas in the RR -1 Zoning District have made presentations to the Kenai City Council, Planning and Zoning Commission and Administration regarding their concerns and their proposed solutions; and, WHEREAS, residents of these areas in the RR -l. Zoning District desired to collaboratively work with the City through the public process to amend the Ian.d use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Preserve low density residential develop men€; Prevent land uses that generate heavy traffic; and 1 Ordinance No. 2546 -2011 Page 2 of 3 Support a stable and predictable setting for future investment; and, WHEREAS, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District, will meet the specific intent of the RR -.1 Zoning District and promote the residential character of Three Ws Subdivision arid the MAPS Area; and, WHEREAS, the Planning and Zoning Commission held a public hearing on 2011, and adopted a resolution making recommendations to the City Council on this ordinance; and, WHEREAS, it is in the best interests of the City of Kenai to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the. RR -1 Zoning District, including changing many „conditional uses" to "not permitted,"' and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1, Form: This isa Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall: he confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect, or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.07011), this - ordinance shall take effect one month after adoption, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of ,2011. 2 PAT PORTER, MAYOR Ordinance No. 2546 -2011. Page 3 of 3 ATTEST: Carol L. Freas, City Clerk 3 Introduced: April 6, 2011 Adopted: Effective:: 14.22. 010 Land use table. KEY: .P P1inti;asl Penttitted Use C. =Conditional Use S:= :Secondary: Use N = Not Per pitted LAND USE TABLE RESIDENTI A LAND USES One 1 amity Dwelling 1 wall re Panuly Dwcfing NOTES: Reference foovrotea 6i2 fnllowiilg pages for additional i'eSlrietion5 ZONING ISTRICTS RR RR1 P P P RS I RS1 RS2 P P P ' !i p _.__....p S' P Four FainiivDwdHtt& Five/Six Family Dwelling Seven or More Family Dwefine .'.,Townhouses Mobile Nome. Parks' Planned Unit Residential Development' COMMERCIAL .du. LAND USES Automotive Sales ;.Au[amo1i e Service Stations P P C;Mti S /Cn IS fC"i... C S °" C SYC'1 C SSC';^ C [C1 N. c R c C C c RRI RS Banks Business/Consumer Services Guide Service 'is......__ N N Professional Restaurants Retail Business Wholesale Business r Theaters /Ctxmnercial Recreation L.... 0 C [01 N N C'. N 5 5 P —..... P 0' P N N N P p P P P C { N C C N 0 N N N d 0 N CC N P C 0 Page 1 of 5 N New Text Underlined; [DEi.ETED TI:Y>T'ERACKETED) Ordinance No. 2546 -2011 4 Attachment A KEY: P Principal Permitted Use C = Conditional 1..1.w S Sdeondary Use N = Not Permitted HEN7DUSTRIAL LAND USES 0 RR RRI Airports and Related Uses P.' C 1 [CI N LAND USE TABLE NOTE: Reference footnotes •on following pagcs thr additional restrictions ZONING DISTRICTS [Automotive Repair N C I ci N ) Gus A4anufacturer/Storage N I N htunicacturing/Fabricatingi N ' C Assembly in -Storage Facility Storage, Yard F.-- Warehouses RS RSI 1 RS2 CC CC 1H El) : R 0 LININHCP P P:P:N:0 C:N!NICHP!P [C,IN I iN N 1'N FIN 0:NEN C.C'P N C [01N 0 I‘NC10 N 0 C1 N i N N I[C]NI C N 1-sa LO cm t- N N 0 P PINHN N P IC' ;N:N N N P,PNCCN P P P N : CIC 14 P N N 0 PUBLIC/ INSTITUTIONAL LAND USES l!Charitable institutions Churches* Clinics Colleues“.1 Elementary Schools* • ' RR I I I RRI RS I RSI 1 RS2 1 MT I CC I CG I IL 10 Ell hi TS0 LC CMU : C C folN 1 , 0.P1P'P PF.0-110-7--P I 1 • C p u: 010 i pi(t pi° PM PR' Pth P'" C C ' P P' P , P P 1 i ' C 0 P P I P 0H1,0 0 1, P ' —1 0;(.; P P C CHPIC. C CI P i I 0 0 P P C 0114 C C I 0 P I i , C PIC 0 Pi n Cs! C 1 0 C C I P N I 0 ::I0J'4 C C1 c ! c •c C C • C Go) ernmemat Buildings C:C C2010 I High Schools* C C Hospnals1' 0 0 Libraries* o 0 MUSPIPTIS Parks and Recreation P1C Assisted Living " 0 MISCELLANEOUS LAND USES 0 RR Animal Boarding' 0 Bed add Breakla§ts 1 1Cabin Rentals C C Cemetenes 1 Crematories/Funeral Homes I N I Day Care Centers' 0 i 0 0 C DormitoriesiBoading 0 C ft.,1 N C 1 0 Houses . I . , i Essential Services 1 ) : DIN P Farming/General P P N i N Agriculture*" I , CCP PP ' - 0 P EE P ! C E p 0 0 C P P EE P 0 PIC C C P P P 0 P C , — C C P P P P C:C. 0 'C'C 0 CIC [GIN 0 C [0j .N RRI [C] •N I , RS RS1 RS2 0 01 P P C P C c 1 a RI, 00 C 0 O C • 0 • N 0 0 0 0 0 0 C0 IL C C 0 C p p N iN N ' 0 N [1\1 0 CHC CC O 00 P P P I"' S 0 P cia 0 0414 N N N Greenhouses/True Nurseries° 1•011N 0 C 0 C P I P N N P P ED 0. P'" P P N P p. R TSH. I CAW 0 N CH C C P - c 0 IHN N: 0 0 10H C C C P C C C N C C I ' p : C P 1 Page 2 of 5 New Teat Uncle-rimed, {DELETED TEXT RAC-KETEDI Ordinance No, 2546-2011 Attachment A 5 LAND 11Sr. TABLE KEY- P Principal Permitted Use C — Conditional. Use S= Secondary Use N — Not :Permitted MISCELLANEOUS LAND USES I C ZON! NC01 I Gunsmithing, Printing, Taxidermy Assemtshw' (Tarae; Circuses Fairs. Ere.) RR RR/ fCN. ng, Convalescent or Resi :Hones Par ing, Off Street Parking, Public: Lots Personal Servreess N N N C [C N C c RS1 RR C C Communications Towers & Antenna(s), RadiolTV Ira mittersiCell Sites"`ere ub Nat reational Vehicle Parks Sud'a e' E,itraction of trrai Resotrcts'r' u P. (PJ Cao. C , [c7 N JN N' KIN C. C C P P C c C E a RICTS a RU CC C P C P"' Reference footnotes loll P li C Po P , P P P P 1 P" 0 0 P P 0 C. P G P Naturak Resoe ISee 42 USCA See 7L See, ho otno C ICJ C [CI E' NC N C' 000ec {Religions Land Use and Institutionalized Persons Act of 200f0) :leeomrnnnieatfons Act of 1996, Sec: 704(a) svoL tltc'.imitanons imposed under KWIC .3. 10.070 Allowed as a secondary use except on the ground floor. highways. Commercial a• indirstiihil which: fails under 11 any seoo dart' uses in the l dscap c n+ ite, flans; 2. One (1) smgle-fanrily residencoper parcel:, which is part of c C' C C C C C C 0 0 (' : R P I P P P Cn.�. -C C C P P! P C..r C G:. C 0 C N C N N N U N C he part of die building fronting oar collector streets and major dscapinglsite plans requirements ofKMC 14.25 shall include nain building. Allowed as aconditional use, subject to satisfying; the following condiions: a The usable area per dwelling unit shall be the same as that required for dwelling unlis in the RS zmie: h. The she :square footage in area must be approved by the Commission: c. Yards around the site; off - street parking, and other developrnent rc.cuirements shat' be Thesame,as fio uses in the RR: zone: hcraities shall meet the requirements a2 all applicable: health rennin has e. 1 he proposed dwelling group will constitute a residential . area of sustained desirability and stability; is 1 be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding pi0PCdty values: Me buildings shall be used only for residential purposes and Gusto spaces. and recreational and commm , actin hies° ,.. art of the proposed derelopmdnt p htal ted population; The development snail not produce a volume designed';. .... Thepopen& adjacent tothe proposed dwelling group wfdl not be adversel 4. See "Townhouses" section. ces. bfthecap Page 3 of 5 Fell as garag ar-as to serve the he a ^ccs ds ol'the New Text Underlined: 1D112LETEl4'CEXT rER1:CRETED] Ordinance No. 2546 -2011 Attachment A 6 See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "lvlohne Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements, 7. See "Planned Unit Residential Development- section. 18. Allowed as a conditional use, provided that the proposed location and the .oharacteristio5 of the site duI not the 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 part of an) building is located nearer than thirty (30) feet to any adjoining :greet Or property line I' 1. Allowed as a conditional use, provided that, no part of an) building is located nearer than thirty (30) feet to any ad street or property line and provided further that the proposed location and characteristics of the use will not adver the commercial development of the zone 12. Allowed as a conditional use, provided that t .e foltowring conditions are met: The proposed location of the use and the size and characteristic of the is benefit to 11 blie: b. t alts and - entrances and off-street narking for the Oscare located to pr even s on public streets: 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are 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. I4, Alloyed as a conditional use, provided that no indication of said use is evident from the exterior 01 the mortuary. 15. Allowed, provided that the following conditions arc met meleared buffer strip ofa tleast thirty (30) :Feetsha1 bt; provided betweensaiduseari1any adjoin ingproperty residential zone. h. sxits and entrances and of- street parting for the use shall be located to prevent traffic. hazards on the pubiic. is I 6. See`"Conditional. Uses- section. 17. .See -Conditional Use Permit for Surface Extraction of Na 18. Conditional Use allowed only on privately held property. 19 Deleted by Ordinance 2144 - 2006. 20.. The airport related uses allowed one properties contained inside the- arrpor parking aprons, FAA authorized uses area 21. Developments for use shall be the same as 22. Allowed as conditional use in conjunction nts for a school in the zone, ed as an ' accessory use in conjunction u bra school or educational facility-. Retail bus,nes,es allowed as a secondary use in cotiiunetibe with the primary use (cg., a gi13 shop another business). An studios barbers, beauticians, tattoo parlors,:[ photographic studios, tailors, 'tanningsalons :and m Food services are allowed on a temporary or seaso ?4. 125. 26. Ira i Resonrees" section: of allowed on government lands. Ea are aireraft approach zones per 'CMG,, 14 20 070(a), except that for nee orn has ing access to aircraft ;movement areas. ramps taxittdys or in the "Development Requirements Table " for the Rtic SN zones. permitted L use in the ED zone. For example. housing for teachers or ,le, a clorrnitorj ' used to house iffee shop within. s, dry eleainers and ,el service laundries, fitness centers, erapists. Of Pot ijore it (4) months per year. al Services oramercial `Lone Conditional Use(t) 1 Dr Dry Self'Servicn Laundries Fitness Centers Massage Therapist Photographic Studio Tailors Tanning Salons Tatten Parlors X Page 4 of New Text underlined, IDELETED TEXT 7 CKETED'1 Ordinance No. 2546 -.2011 Attachment A Personal services not set forth in the abuse matrix are conditional uses. 28. Communications towethantenna(s) allowed as a principal permitted (0) use if the applicable conditions set forth in K MC 14 20 255 are met or a conditional use (( ) if the applicable conditions set forth M KM( 14.20.255 and 14.20150 are met. i29 Use allowed only for those muceis that abut the Kenai Spur Highway. The access to any such Qt must be either :from (a) driveway access ors the Kenai Spur Highway. or (b) driveway access from a dedicated right-of-way and that driveway access is not more than 275 feet as measured from the centerline of the Kenai Spur Highwat to the center of the driveway access as • shown on an as-built draw ingrisurvev of the parcel. Page 5 of 5 New Text Underlined; (DELETED TEXT I3RACKETEDI Ordinance No, 2546-2011 8 Attachment A Sponsored by: Council Member Molloy CITY OF KENAI ORDINANCE NO. 2546'2Ql1(Sob,titnt*) AN ORDINANCE OF Tf-IE COUNCJL OF TI-� CJTY OF K.ENAI, ALASKA, AMENDING KMC 14.22 810. LAND L'SETABLE TO MAKL COMPRLJ-IENSWE CHANGES TO T1-'E USES ALLOWED IN THE RURAL RESIDENTIAL RR-1 ZONINCT DISTRICT, JNCLUDING CHANGING MANY "CONDITIONAL USES" TQ USES 'NOT PERMlT]ED,"AND PROVIDINO FOR CERTIV iN CONDITIONAL USES' FOR PROPERTIES ALONG THE 8E,N/B SPUR HIGHWAY WITHIN THE 8B'l ZONING DISTRICT. WHEREAS, there are Lvio (2) areas iri the City of Kenal that are zoned as Rural ResderLtiaI RR- 1 Zoriing Districts ("RR- 1 Zoni.ng District'), which are the Three Ws Subdivisio.n and the area generaily known as the 'MAPS Area;" and, WHEREAS, in 1985, the residents of the MAPS Area desired tohavetbe&ifVPS/beuro- zooed from the Rural Residential (RR) and Suburban Residential (RS) Zoning Districts to the RR-1 Zoning District, and the City of Kenai re-zoned the MAPS Area to the RR-1 Zoning District; and, WHEREAS, in 1986, the residents of the Three Ws Subdivision desired to have the Three Ws Suhdivision re-zoned from the Rural Residentiai (RR Zoning District to the RR-1 Zoning District, and thc Ci.ty of Kenal re-zoned the Three Ws Subdivision to the RR-1 Zoning District; and, WHEREAS, historically, residents of these areas in the RR-1 Zoning District have been actively engagecl in zoning issues and proeesses affeeting their neighborhoods, expressing their desire to maintain the development of their neighborhoods as low- density, residential development that creates a stable and attractive residential environment; and, WHEREAS, residents of these areas in the RR-1 Zoning Distriet have expressed significant eoncerns about the presently-allowable types of land uses that are permitted or that are conditional uses in their neighborhoods under the cmlent Land Use Table for the RR-1 Zoning District; and, WHEREAS. residents of these areas in the RR- 1 Zoning District have made presentations to the Kenal City Council, the Planning and Zoning Cornmission and the Adininistration regarding their coneerns and their proposed solutions lo their concerns; and, WHEREAS, residents of these areas in the RR-1 Zoning District desired to work collahora.tiveijz with the City ofKenai through public process toanzrodtbrluud use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatihle land uses; � / Ordinance No. 2546 -201.1 (Substitute) Page 2 of 10 Preserve low - density residential development; Prevent land uses that generate heavy traffic; and Support a stable and predictable setting for future . ii. vestment; and, WHEREAS, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District, will meet the specific intent of the RR -1 Zoning District and promote the residential character of Three W's Subdivision and the MAPS Area; and, WHEREAS, at its meeting on April 6, 2011, the City Council heard public comment on this ordinance during unscheduled public comment, and through written public comment, and introduced this ordinance; and WHEREAS, at its meeting on April 6, 2011; the City Council also postponed the Council's public hearing on Ordinance No. 2546 -2011 until the May 18, 2011 Council meeting, and referred this ordinance to the Planning and. Zoning Commission with directions to hold a work session and a public hearing on Ordinance No 2546- 2011, and then to return the ordinance to the City Council prior to its May 18, 2011 Council meeting with the Commission's recommendations; and, WHEREAS, at its meeting on April 27: 2011, the Planning and Zoning Con vTnission held work a session on this ordinance during which the public was invited to continent; and, WHEREAS, at its regular meeting on April 27, 2011, after its work session, the Planning and Zoning Commission voted not to schedule a public hearing on this ordinance; and Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and, WHEREAS, at its meeting on May 18, 2011, the City Council held its first public hearing on this ordinance and heard public comments, including the comments of four (4) Commissioners of the Planning and Zoning Commission, a letter from the Chair of the Planning and Zoning Commission, a petition of the public supporting this ordinance, and additional written comments; and WHEREAS, at its meeting on May 18, 2011, the City Council postponed Ordinance No. 2546-2011 until its August 17, 2011 Council meeting in order to provide for a second public hearing, and again referred Ordinance No. 2546-2011 to the Planning and Zoning Commission with directions to the Commission to schedule and to hold a work session or work sessions, to schedule and hold a public hearing, and to return the ordinance to Council with the Commission's recommendations for the August 17, 2011 Council meeting; and, 10 Ordinance No. 2546 -2011 (Substitute) Page 3 of 10 WHEREAS, at its meetings on June 22, July 13, and July 27, 2011, the Planning and Zoning Commission held additional work sessions on this ordinance during which the public was invited to comment; and. WHEREAS, at its meeting on August 10, 2011, the Planning and Zoning Commission held a public hearing on Ordinance No. 2546-2011 and considered Planning and Zoning Commission Resolution No. PZI1 -30 "A Resolution of the Kenai Planning and Zoning Commission Recommending Kenai City Council Amend Kenai Municipal Code 14.22.010, Land Use Table, To Make Comprehensive Changes To The Uses Allowed In the Rural Residential RR -1 Zoning District, heard public comments on this ordinance and that resolution; and, WHEREAS, at its meeting on August 10, 2011, the Planning and Zoning Commission elected to make no recommendations to the City Council on Ordinance No. 2546- 2011; and, instead, the Commission voted to postpone Commission Resolution No. PZI1 -30 until the Commission determined that it is prepared to make recommendations to the City Council; and, WHEREAS, Ordinance No. 2546 -2011 was returned to the City Council without ecomsnendations from the Planning and Zoning Commission; and on August 15, 2011, the City Council held a work session on this ordinance, during which the public was invited to comment; and at its August 17, 2011 meeting, the City Council held its second public hearing on this ordinance; and, WHEREAS, it is in the best interests of the City of Kenai to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR- -1 Zoning District; NOW, THEREFORE, 13E IT ORDAINED BY THE COUNCIL OF THE CITY OF ALASKA, as follows: Section 1, Form: This rs a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. 11 Ordinance No. 2546-2011 (Substitute) Page 4 of 10 Section 4. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall talce effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAS , this seventh day of September, 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: April 6, 2011 P&ZC Work Session: April 27, 2011 Council Public Hearing: May 18, 2011 P&ZC Work Session: June 22, 2011 P&ZC Work Session: July 13, 2011 P&ZC Work Session: July 27, 2011 P&ZC Public Hearing: August 10, 2011 Council Work Session: August 15, 2011 Council Public Hearing: August 17, 2011 Adopted: September 7, 2011 Effective: October 7, 2011 12 Ordinance No. 2546-2011 (Substitute) Page 5 of 10 14.22.010 Land use table. LAN!) USE TABLE KEY: P= Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Relevance MUmetes on lelkosiing Iages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAN!) USES ' RR RR; RS RSI ! RS2 One Family Dwelling Two/Three Family I Dwaine P P I p P 0' I P 1' P ' P Pour Fami iy Dwelling Five/Six Family Dwelling c's P • 1Seven or More Family ;Dwelling 'Topabatises' .Moinle I lorne Parks6 c's 0? 5 PINI.5 !C? N N 5 • I P2' • [CIE- C C C 0 RU CC CG P pci ! r -i 1 ! I I 111 ED R TSH 1 LC MU C221.P p P SI/Cu 0 1010" P P SI/021 P P.? S y P IP SI C CHEIN C1' C N C itqlil C 1, I 0 SI/C.21 I P 0 SE/C2` SdiCtn' I SI!0 015[Ni P I l CICHCIC'2'Ci C !Planned IMO Residential 1 C Ht) (/'`' i C I C Development!' ■ COMMERCIAL LAND USES Automotive Sales lisuromoiSsE Service Stations N N CHCHiC! C ! C 0 I i 1 ED I R TSH • LO CEVIU P NINiN;N! P Banks •Business/Consumer •1Services I Guide Service •Hotels/Motels C RR I 551 N 0 [(N , N 0 [0]N s Rsi RS2 N N N RU CC ! P 0 P ' [0] N N c ! [C] N N C [01!„N N N 5 5 N N N 0 0 •Lodge N •Professional Offices [04 N 0 ! C6 1 IL P P P r P I N 0 NINI P i 1 I PHIP CIN C CHI I P • PIP HIGH 0 010 . P J I ! 1 1 PI IP1P P N P PiC7: P P PiPIC •N C PI el P N Pi 5 j 0 1 P C P N C 1r0iCl 0. f 5 C N Restaurants Retail Business N Wholesale Easiness Thcatels/Commercial Recreation • N26 N 0 N 0 p 1, P !plc P P P [0.1N015 •N [C•INF 0 5 N 13 C P cl p Ordinance A:S 2011 (Su 1 w Page 63 10 LAND atTABLE KEY: % e S Secondary Use NOTE: Rat additional : Mot a ion' ZONING DISTRICTS ( INDUSTRIAL 1! e e m» l C +gym m Ir IRS I :1:;, N 2 C 1 :1 LAND USES 0j RR R _: , ' r »w 'r[, a :.,. Auto o Cias St ; 0 NC N :) [« % 0 brie luy age Ya N 0 [CIN ° u (s\0 \ [C]N [CM <. P CC iCu r PIN! z = N N N PUBLIC/ « TUT A AND USES c all a wa RS ;w 00 ED ^ [0] P Id re r'e' PIO PIO : «§ I`I / r `I fi r=2zlICJ : ^ '\ r 0 .0 0 c e \ 0 \I \i I : > C olo.o] r P[0 P :Ci0 /I_ c ;]N ~ :10 0 ,: c[. P[c : 010 : ibranes ` 3 P : P P 0 P Living C c :r 0 c 1 0 1 . :001 ; _c; m« LAND USES ,0; RR( s rc ED 1 0 C : CHIC « ;r .0 N1 c £ [ c 14 Ordinance No. 2546-2011 (Substitute) Page 7 of 10 Cemeteries 'Crematories/Funeral Homes N Day Care Centersy2 C [01 N 0 C N 0 0 [C] Cal C` N N Dornatories,Dourding Houses [01 N C Essential Services P P N N 0. [01 N C [C] N C Panning/General Agriculture*" OrtNnhousealTree Nurseriesp P P Ounsmithing„•Printing, Taxidermy Assemblies E' (Large,: a:Nuse's, Fairs, Eru.). o c (CI N c NHNrN C CHIN C;C!C C I ]C N 0 [N O - 0 N • I C c P P O 1 C c N 0 C P P P P N N C P p r N P55 N N N N c P N r c • N N P N c P NI pI5 p10 p15-1-i;15 C ci e hal:arra] Organizations/ Private Clubs/Social Halls and Union Halls I U 11 NN'., COM alescont o/ " : Res( Horncs 1 Parking; Off-Street pq' 0 '[qN N 0 [0] C C 0 C P C P 1' Pin.P P P PP P i j. p Parkth&PubEcUPau [C1 N Personal Survicas25 ' C Conanunicadons 'Powers Sa ILAntenna(N, RadiotIV Transmitters:Can Sites" Recreational Vehicle. Pallas [CIS 0 c cic; c c 0 10 p [CI N P P 0 C C C P Pi C' • C C C N C N N C [C1 N Subsurface Extinction of Natural Resources'6 C Surlace Extraction of E C 1Nalural Resoraces17 [GIN C N N C N C NjIC I 1 C I N ICI 0 N 0 N N N-7 15 Ordinance No. 2546-2011 (Substitute) Page 8 of 10 1, See 42 USCA Sec. 200Oce (Rerigto€ is* See 42 Telecom, anicatim *4.4 See, however, the Iiititatiol Footnotes: 1_ ionalized.F 996, See, 704(a) ed undcr KMC.3.10 :670 tons .Act of 2000) Ailowed as a secondary use except on the ground floor of the part of the building frcntingon collector streets and major highways. Commercial or industrial which fails: under the landscaping /site plans requirements ofK C 14.25 shall include any secondary uses in the landscaping and site plans. One (1) single - family residence per parcel, which is part of the main building. A as at conditional use, subject to satisfying the following conditions: a: The usable area per dwelling unit shall be the same as that required for dwelling units in the 12S zone; b. `i'he site square footage in area must be :approved by the Commission; 0. Yards around the site, off - street, parking, and other development requirements le uses in the. RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; same as for principal e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony -with the character of the surrounding • neighborhood, and will not adversely affect surrounding property values; The buildings shall be used only for: residential purposes and :customary :accessory uses, such as garages, storage spaces, and recreational and community activities; There shall be provided, as part of the ;proposed development, aaequate recreation areas to serve the needs of the anticipated population; The development shall not produce a volume of traffic in excess of the capacity for which the aa:essstreets are designed; The property adjacent to the proposed dwelling group wilt riot be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Homes" section: 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the edual Housing Authority requirements. See "Planned: Unit Residential Development' section. Allowed as a conditional use, provided that the proposed location and the characteristics of r destroy the residential character of the neighborhood. Allowed as a conditional use, provided that all applicable safety and fireregu1 aliens areanet. Provided that no part of any building is located nearer than thirty (30) feet :to:any adjoining street or property line. t 1. Allowed as:a conditional use, provided that no part of any building is located nearer than thirty (30) feett to any adjoining street or property line and provided further that the proposed location and characteristics of the use will 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 size and characteristic of the site will maximise its benefit tol the pubSic ;. b. Exits and entrances and off - street parking for the use are located to prevent traffic hazards on public streets. 3. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not lbe nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill: this requirement. Allowed as a conditional use,: provided that no indication of said use is evident from thee exterior of the mortuary. g 4. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30). feet shall be provided between said use and any adjoining propert in a residential zone. Exits and entrances and off-street parking for the use shall be located to prevent hazards on the public streets, 16 Ordinance No. 2546-2011 (Substitute) Page 9 of 10 16. See "Conditional Uses" section_ 17. See "Conditional Use Permit for'Surfiace Extraction ofNatural Resources" seefion. C$. Conditional Use allowed only on privately held property. Not allowed on government lands. i2 Deleted by Ordinance 2144 -2004. 20. The airport related uses allowed under this entry are aircraft npp -each zones per KAQC 14.20.070(a), except that for properties contained inside the airport perimeter fence or isaving access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized. uses are allowed, 21. Developments for use shall be the sime as those listed in the "Development Requirements Table" for the- RU /TSH zones. 22. Allowed as 0 conditional use in conjunction with a: permitted 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 permitted use in the ED zone. For example, a dormitory 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., a gift shop or coffee shop within another business), ?4. Art studios, barber's, beauticians; tattoo ptuiors, dressmakers, dry cleaners and self - service laundries, fitness center's, 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 27. Limited Corn Personal Services Permitted(!) (6) Art X Baries 13eacheians D;essnatikei.s. r Dry Clesneis �Self-Sei'vree• Laundries Payless: centers Massage. Therapist x X Photographic Studios is Tanning Salons x Tattoo Parlors 17 Ordinance No. 2546 -2011 (Substitute) Page 10 of 10 29 Personal services not set forth in the above matrix are conditional uses Communications towerlantenna(s) allowed as a principal permuted (P) use if the applicable conditions set forth in KR4C 14.20255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met Use allowed only for those parcels that abut the Kenai. Sour Highway. The access to anvsuchjiareelmust be either from (a) driveway access on the Kenai Sour Hiehway_ or (b) driveway access from a dedicatedricht -of -way and that driveway access is not more than 275 feet as measured from the constructed centerline ofthe Kenai Spur Hitihwav to the center ofthe .driveway access as shown on an as- built drawinglsuryev of the parcel. 18 KEIIA!, ALASKA "l/i�lg e tth a Past, City E h Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907-283-3014 MEMO NDUM T: Mayor Porter Council Members Bookey, Boyle, Cabri FROM: Council Member Molloy DATE: 09/01/111 SUBJECT: Ordinance No 2546 - 2011 Substitute Ordinance No. 2546-2011 rquis, Moore 1997 On August 24, 2011, the Planning and Zoning Commission reconsidered its postponement of Commission Resolution No. PZ11 -30, and voted to hold a public hearing on Commission Resolution No. PZ11 -30 at a special meeting to he held on August. 30, 2011. . At its special meeting on August 30, 2011, the Commission held a public hearing on Commission Resolution No PZ11 -30, and voted to approve an amended Commission Resolution No. PZ11 -30, which included the Commission's recommendations to the City Council on Ordinance No. 2546 - 2011 and Substitute Ordinance No. 2546- 2011. It is my understanding that documentation on the Commission's recommendations will be in the meeting packet. Updated Comparison Tabic 1 prepared an updated Comparison Table for RR -1 Zone for the meeting packet, which compares the current Land Use Table, the Substitute's Table, and the Planning and Zoning Commission's recommendations on the Table tier RR -1 Zone. Land Uses for Rural Residential -i (RD-1) Zoning District under Substitute land uses for the RR -1 Zoning District under the Substitute Ordinance, listed by re proposed to be: - Memo 9/01/11 19 Kev: Land Use: Principal Permitted (P) One Family Dwelling Two/Three Family Dwelling Churches Essential Services Parking, Off-Street Conditional Use (C) Assisted Living Bed & Breakfasts Subsurface Extraction of Natural Resources Conditional Use, FN3&FN29 (C3/C29) Four Family Dwelling Townhouses Conditional Use. FN 29 (C29) Planned Unit Residential Development Professional Offices Charitable institutions Colleges Elementary Schools Governmental Buildings High Schools Libraries Museums Parks and Recreation Day Care Centers The substitute ordinance has no effect on home occupations. Home occupations remain permitted in the KR-1 Zoning District with a home occupation permit under IONIC 14.20.230. Uses permitted for home occupations include the following uses: (1) Art studio. (2) Day care of no more than eight (8) children under the age twelve (1.2), including children related to the caregiver. (3) Dressmaking. (4) Millinery. (5) Beauty parlor. (6) Tutoring and musical instruction. Uses prohibited for home occupations include the following: (1) Commercial auto and boat repair. (2) Commercial kennels or similar uses. (3.) Convalescent homes for the alit of more than two (2) patients. (4) Mortuaries. (5) Private schools with organized classes. (6) Real estate office. (7) Restaurants. - 2 - IVIemu 9/01/11 20 No home occupation permit is required for (1) activities or businesses which are carried on solely by use of phones, computers and mail or delivery services; or (2) a state- approved relative home day care provider that provides care to no more than five (5) children including the care - giver's own children and relatives, and which involves no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. Amendment to Update W'H.EREASes Assuming that the Council votes to amend by enacting Substitute Ordinance 2546- 2011, then. I may offer an additional amendment to update the WHEREAS clauses due to the additional public process before the Cornrnission and the City Council, as follows: Move to amend Ordinance No 25462011 Substitute by deleting the second - to - the last WHEREAS Clause and adding the following six WHEREAS Clauses to precede the last WHEREAS CLAUSE: WHEREAS, Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and on August 15, 2011., the City Council held a work session on this ordinance, during which the public was invited to comment; and; WHEREAS, at its August 17, 2017 meeting, the City Council held another public hearing on this ordinance, including a public hearing on Substitute Ordinance No, 2546-2011; and the City Council postponed action on the ordinance and substitute until the September 7, 2011 Council meeting so that the City Council would receive the Commission's recommendations for the September 7, 2011 Council meeting; and, WHEREAS, at its meetings on August 16, 2011 . and on August 24, 2011, the Planning and Zoning commission held additional work sessions during which the public was invited to comment on amendments to the Land. Use Table for all residential zones, including the RR -1 Zoning District; and, WHEREAS, at its meeting on August 24, 2011, the Planning and Zoning Commission reconsidered its postponement of Commission Resolution No. PZ11- 30, 'and voted to hold a public hearing on Commission Resolution. No. PZ1.1. 30 at a special meeting on August 30, 2011; and, WHEREAS, at its special meeting on August 30, 2011, the Planning and Zoning Commission held a public hearing on Commission Resolution No. PZ11 -30, and, voted to approve an amended Commission Resolution No. PZ11 -30, which included the Commission's recommendations to the City Council on Ordinance No. 2546 -2011 and Substitute Ordinance No. 2546 - 2011; and, WHEREAS, at its September 7, 2011 meeting, the City Council considered all of the public comment, the Commission's amended Resolution No, PZ].1 -30 and the Commission's recommendations to the City Council on. Ordinance No, 2546 -2011 and Ordinance No. 2546 -2011 Substitute; and, .. Servo 9/01/11 21 LAND USES KEY: Principal Permitted! Secondary/Conditional/ Not Permitted -SIDEN 1 IAL. One Family Dwelling_ j Two /Three Family Dwelling Four Family Dwelling Ordinance No. 2546 -2011 Comparison Table LAND USES -- RR -1 ZONING DISTRI 1 Five /Six Family Dwelling Sevenor More Family Dwelling ( Townhouses 4 Mobile Home Parks 6 Planned Unit Residential Development 7 COMMEI'Z= Automotive Sales Automotive Service Stations Banks Business /Consumer Services Guide Services [ iotels /Motels Lodge Professional Offices Restaurants Retail Business [Wholesale Business Theatres /Commercial Recreation Current [4.22.111 0 P -S -C -N Ord. No. P &ZC 2546 -2011 Resolution Substitute P -S -C -N P -S -CN C3 C C P C3, C29 N N C3. 29 C29 C3, C2 N LAND USES !Dt.TRIAIL. Airports & Related Uses Automotive Repair Gas Manufacturing /Storage Manufacturing /Fabricating/ Assembly_ Mini - Storage Facility Storage Yard Warehouses PI T UT I0 NA Charitable Institutions Ordinance No. 2546 -2011. Comparison Table LAND USES -- RR -1 ZONING DISTRICT Current 19.22,010 Ord. No. 2546 -2011 Substitute P820 Resolution. Churches* P10 Clinics Colleges* Elementary Schools" Governmental Buildings High Schools* Hospitals* ibraries* useums Parks and Recreation Assisted Living 6I SC ELL- ANEOU5 I Boarding 13 & Breakfasts Anir Bed ntals eries tories /Funeral Homes Day Care Centers 12 C29 C29 C29 C29 N C C29 C C29 C29 C c [Delete] P10 C29 ., Y 029, C 30 C29 030 C29, 'C0 C29 03ii C29, 030 LAND USES Dormitories/Boarding Houses Essential Services Farming/General Agriculture*** Greenhouserfre.e Nurseries 13 Gunsmithing, Printing, Taxidermy Ordinance No. 2546-2011 Comparison Table LAND USES -- RR-1 ZONING DISTR1C' Assemblies 15 (Large Circuses, Fairs, etc.) Fraternal Organizations/Private Clubs/Social Halls and Union Halls Nursing, Convalescent or Rest Homes Parking, Off-Street Parking, Public Lots 12 Personal Services Communications Towers & Antenna(s), Radio/TV Transmitters/Cell Sites** 28 Recreational Vehicle Parks Subsurface Extraction of Natural Resources 16 Surface Extraction of Natural Resources 17 Current 14.22.010 c P Ord. No. P&ZC 2546-2011 Resolution Substitute N C29. rtla N N C29, C20 ftandeen Printing] N N (Delete] N C29N N 29, Use allowed only for thane parcels that abut the Kenai Sour Highway The access to ary such parcel must ha either from tettittlyetteay access on the tc,enai Spur Highway, or fh) driveway access from a dedicated rinht-o7enpiand that driveway access is not more than 275 feet as measured fronmthe constructer!, centerline of the Kenapur Highwayto the center of the driveway access as shown on an aa7huiltdratittiptaisurveti of the parcel_ 2„ Ilse allowed ontyfortlimsiiiparcelpitiPtaletit Benvier AccesieRoad, and IaliforiiskiiBeaciiRoaci, Access to the parciiiiimustbeifiiiim these Pie ciets unless applicant can proyidecloci,iniceitation that an tor a cliiiveipay permit has beep depleci tie the State of Alaska Pi di Kenai In . casoi the Coiiiimission play copsider alternate ingress mut eqiess 1,nn'v'v shotilci be located at a reaspriatile f Orli tile limmv SOU/ frhilinVay, Bever Lapp Remd. Bridge Access Rood, arid Kalifortiskv Beach Rpm-) to ensure vi driveway does iii)t treats. iin iimeafe traffic pattom and to vt» that traffic inmact pito ;Ito ileigiliborimod illirliMized. indListry esiablishea ti ip etamialcfl nr rH use should usiip (Note: PZI1 30 appears to hinle a drafting error; its try understantiing mat MO coonotssion infornded to remove alt references to flip Kenai spur I ghway from Cominission's proposed C30, liforipmmr the ametulnienfs to P7 -30 tiint not delete the refortv}c a to Kenai. Spur Highway /1 1 an 1). Sporisored by: Administration at the request of the Plarrning & Zoning Commission CITY OF KEDJAI ORDINANCE NO. 2546`D0I1 (SU � STITUTE B) AN ORDINANCE OF THE COUNCI OF THE CITY OF KENAI, ALASKA, AMENDING KEN}I MUNICIPAL CODE l4.22.Ol8` LAND USE TABLE, T0 MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE RURAL RESIDENTJAL RR- 1 ZONING DISTRICT. WHEREAS, oo April 6,28ll, Kenai City `Council introduced Ordinance No. 2540-20ll to amend KMC 14.28.010, Land Use Table, to make comprehensive rbangcx1otzc uses aflowed in the Rural Residential 1 (RR-1) Zoning District; and, WHEREAS, on April 6, 2011, Kenai Cit Council postponed action on Ordinance No. 2546^2011 until M to provide an opporturdty to send the Ordinance to the Planning ex, Zoning Commission to hold work sessions and a public hearing and to send their recorrunendations to City Council for a public hearing on May 18, 2011; and` WHEREA8, the Plan.ning & Zoning Commission held a work session on April 27, 2011 and during their regular mecting on April 27, 2011, voted a iutholdingupnhlic hearing on the proposed Ordinance citing the need for additional time to conduct a comprehertsive review of the eutire Land Use Tahle for all rcsi.dcntial zones i.n the Gity and that with the beginning nfeoopda1rtu{brCi 'uCnrgpzcbcnoiveBlac/thrdour nouyontbnappropziutoWruoamcudrotut;a^d. WHEREAS, on May 18; 2011, Kenai City Council held a public hearing and postponed act,aon of Ordinance No 2546-2011 and requested the Plannrng & Zornng Commission hold additional work sessions and a public hearing and to send a recommendation to Council for Council's August l7,2Qll' meeting; and, WHEREAS, the Planning 8z, Zoning Commission held work sessions on June 8, June 22, July 13, and July 27, August 10, August 16 and August 24, 2011; and, WHEREAS, during the vvnzl1 sessions, the Commission reviewed land use in the City ol Kenai considering lot size, density, city infrastructure including water and sewer and street construction, and location of subdivisions so that this information could be used to make informed recommendations when reviewing the proposed ordinance; and, WHEREAS, based on the review of land use and development inUhrCity,tho Comrnission finds that the existing zoning for th ) areas 6o the City 8{Kenai that are zoned as RR-1, which are the Three Ws Subdivision and the area generaily known ao the "MAPS Area may riotaccurately describe these twa areas;" and, New �1"' Underlined; [DELETED ,exlaRACKETED] Ordinance 2546-2011 (Substitute 13) - Page 1 WHEREAS, the Commission recommencls that during the Comprehensive Plan update that zoning in the City of Kenai be reviewed for possible changes and rezones based on development, and, WI-JEREAS, residents of these areas in. the RR-1 Zoning District have expressed significant concerns about the presently allowable types of land uses which. axe permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR-1 Zoning District; and, WHEREAS, residents of these areas in the RR-1 Zoning District have made presentations to the Kenai City Council, Planning and Zoning Commission and Administration regarding their concerns and their proposed solutions; and, WHEREAS, residerits of these areas in the RR-1 Zoning District desired to collaboratively work with the City through the public process to amend the Land Use Table in order to promote the residential character of their neighborhoods, as follows: Protect against iuoorupatihlcIuzxdomca; Preserve low density residential development; Frevent land uses that generate heavy traffic; oud Support a stable and predictable setting for future investment; and, WHEREAS, a.fter listening to the concerns ofthe RR1 neighborhoods, the Commission agreed neighborhoods should be protected from some commercial uses and that other neighborhood zones in the City should also bo protected; and, WHEREAS, the ordinance proposes to amend the Land Use Table in IKMC 14.22,010 to make comprehensive changes to the uses allowed in the RR-1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for crrluiu/conditional for properties along the Kenai Spur Highway wmhin the RR- 1 �LW-ic/61]10(1ir�7 aod' WHEREAS, the Commission believes that the proposed ordinance is too restrictive and that the existing process required for conditional uses in the City provides the protection necessary while allowing uses that can be operated without adversely affecting neighborhoods; and, WHEREAS, the Planni and Z ' Commission recommends several changes from the chan proposed in Ordinance No, 2346-2011 tol{MC l4.%2~0l8/ Land Use Table; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1, Forrn: This is a Code ordinance, Section 2. Amendment of the Kenai Muni i 6lCode,DMC 14.22.010: The City of Kenai Muni i WCodc l4.22.8lO, Land Use Table, io hereby amended as shown on Attachrnent A to this ordinance. mCINnext Underlined; [DELETED TEXT BRACKETED] Ordinance 2g6-2oo (Substitute a) Page 2 Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall bc confined 6n its operation 1otbopazt, provision, or application directly involved iu all controversy in which this ju.dgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC l,l5.O7O/O`tbiw ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY 0ROEN8L ALASKA, this day of ,2011. AL /E87: CORENE HALL, Deputy City Clerk PAT PORTER, MAYOR Introduced: Postponed: Adopted: Effective: New Tekt Ondeflined; [DELETED TEXT BRACKETED] 27 Ordinance 25wouo/ (Substitute a> Page 3 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO.PZll`30 /\ RESOLUTION 0F THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE l4.22.UlO. LAND USE TABLE, T0 MAKE COMPREHENSIVE CHANGES 7O THE USES ALLOWED IN THE RURAL RESIDENTIAL RR-1 ZONING DISTRICT WHEREAS, on April 6, 20 i 546-2011 t0 amend }rMC ]4.22.Ol0, Land Use Table, t0 make comprehensive changes to the uses aliowed in the Rural Rcsidential 1 (RR-1) Zonirig District; and, WHEREAS, on April 6, 2011, Kenai City Council postponed action on Ordinance No. 2546-2011 until May 18, 2011, to provide an opportunity to send the Ordinance to the Planning 8G Zoning Commission to hold work sessions and a public hearing and to send their recommendations to City Council for a public hearing on May 18, 2011; and, WHEREAS, the Pl & Zoning Comrnission held a work session on April 27, 2011, and during their regular meeting on April 27, 2011, voted a inst holding a public hearing on the proposed Ordinance citing the need for additional time to conduct a comprehensive review af the entire Land Use Table for all residential zones in. the City and that with the beginning of an update to the Gity's Comprehensive Plan, the time may not be appropriate for an amendment; and, WHEREAS, on May 18, 2011, Kenai Gity Council heid a public hearing action of Ordinance No 2546-2011 and requested the Planning &Zoning Commission hold additional work sessions and a public hearing and to send a recommendation to Council for Council's August lY,20ll meeting; and, WHEREAS, the Planning 8G Zoning Commission helcf work sessions on June , June 22, July 13, and July 27, 2011; and, WHEREAS, during the work sessions, the Commission reviewed land use in the City of Kenai con lot size, density, city infrastructure inclucung water and sewer and street construction, and location of subdivisions so that this information could be used to make informed recomm.endations when reviewing the proposed ordinance; and, WHEREAS, based on the review of land use and development in the City, the Commission finds that the existing zoning for the two (2) areas in the City of Kenai Mayiexillnderlinecn [DELETED TEXT aouuxa Ton] Resolution umaao' Page x that are zoned as RR-1, which are the Three Ws Subdivision and the area generally known as the "MAPS Area may not accurately describe these, two areas;" and, WHEREAS, the Commission recommends that during the Comprehensive Plan update that zoning in the City of Kenai be reviewed for possible changes and rezones based on development: and, WHEREAS, residents of these areas in the RR- 1 Zonin.g District have expressed signifi.cant concerns about the presentiy allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for tboFQ7'l Zoning District: and, WHEREAS, residents ofthese areas iri the RR-3 Zoning District have made presentations to the Kenai City Council, P)anning and Zoning Commission and Administration regarding thetr concerns and their proposed solutions; and, WHEREAS, residents of these areas in the RR-I Zoning District desired to collaboratively work with the City thro the table in order to promote the residenual character of their neighborlioods, as follows: Proteet against incompatihle land uses; Presenre low density residcntial development; Prevent land uses that generate heavy traffic arid Support a stable and predictable settthg for future investmerjt; and, WHEREAS, after listening to the concerns of the RR1 neighborhoods, the Commission agreed neighborhoods should be protected from some commercial uses and that other neighborhood zones in the City should aiso be protected; and, WHEREAS, the orclinance proposes to arnend the Land Use Table bz 'CAC l0.22`Ol0to make comprehensive changes to the uses allowed in the RR-1 Zoning District, including changing many "conditional uses" to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR-1 Zoning District; and WHEREAS, the Comrnission believes that the proposed ordinance iu too restrictive and that the existing process required (orcnndi8noaU uses bzthtCih/p/0videuUzc protection necessary while allowing uses that can be operated without adversely affecting neighborhoods; and WHEREAS, the Planning mci Zoning Commission reeonunends several changes from the changes proposed in Ordinance No. 2546 2011 to KMC l4.22.0l0, Land Use Table; and, NOW, THEREFORE, BE[} RESOLVED THAT THE PLANNING AND ZONING COMMISSION RE ADMINISTRATION INTRODUCE /l SUBSTITUTE lD ORDINANCE NO. 2546-2011 AT THE SEPTEMBER 7, 2011, COUNCIL MEETING WHICH INCLUDES ALL PLAJNJNC AND ZONING RECOMMENDATJQNS AND CHANGES T0THE RURAL RESIDENTLAL (RRI) LAND USE TABLE. THIS WOULD morr*'o^o,aine*[oauTooTsxTy*xousTso] �(� �� AMEND KENAI MUNICIPAL MLJNICJFALCODE 14.22.010, LAND USE TABLE AS SHOWN ON Al I ACHMENT A. Dated at Kenai, Alaska this 30th day of August, 2011 CHAIR: ATTEST: 8/10/11 Public Hearing - postponed New 'Ioxt Underlined; [DELETED EXT BRACKETED] 30 Resolution PZ11-30 - Page 3 14,22.010 Land use table. KEY: P = Principal Permitted Use C =Condition& Use S = Secondary Use N Not Permitted r RESIDENTIAL LAND USES c One Family Dwelling Twof fliree Family Dwelling Four Family !Dwelling ■ Five/Six Family Dwelling Seven or More Family Dwelling RR Townhouse IMoblle Home Parks(' IPlanned Unit Residential Development' COMMERCIAL LAND USES I Automotive Sales ;Automotive Service Stations Banks CS LAND USE TABLE NOTE? Reference footnotes on following pages for additional restrictions ZONING DISTRICTS 152 I RU 00 P 1 P P P P1` 03'=" PIN N N P,N N N C'IN N 4- • C 0 C C C 00 IL 1 111. I ED R St S2 1 S2' 1 P S' 0 C C' P 1 S'-10 ]C[0" N. P 0 ISI/C2' _ 1 CC N NiP1CISI/C21 15111 LC P St/C2I P SVC' SI C. IC 5 NI F C [51/0n CiCHC22 001 N C N N C N 1 C [C] N Musinessitonsumer Services Guide Service Hotels/Nimes I Lodge Professional Offices N C IEGIN N N N N N 0 C 5 0 Cn22 [[C] NJ C • [C] N C O [0] N C C C2• -." C N C C N t 0 1LcJNc Restaurants Retail 113.tisiiiestl N C N Whoiesale Business TheatersVCOMMERCIAL N C [CI II C I RECREATION] ■Commereial Recreation I N 1 , 0 N N C N L N N • P P O P N C 1 P N C N 0 P N P P N 1 0 1 N Icic P P CNCI0 C 1 P 1 1 , P 1 P P.LN P 1 P 0 P ! PIP CI 5 CjI)C. 1 P P 1 P:C 1 N PIP I 0 1' PiPiP 1 N •CIP 1 P P P C 1 N C 0 •C P : P P ; 1 SIn 511 C C i P ] N C P N S14 0 N P 0 P C C N C P P New Text Underlined MEAT'. ED TEXT BP,ACKETEDI Resolution PZ1 1-30 Attachment A — Page 1 KEY: P Principal Pennitted Use 0= Conditional Use 5 =Secondary Use N = Not Permitted INDUSTRIAL LAND USES C 1 RR 1 RR! Airports and Related Uses fa 0 [ ] N LAND USE TABLE NOTE Refertmee footnotes on following pages for additional restrictions ZONING DISTRJCTS RS RSI RS2 RU Automotive Repair N 0 fC] N Gas Manufacturer/Storage N N N Manufacturing/Fabricating! N C F ] 0] N Assembly Mini-Storage Facility N C 1 N CC 00 1 IL P P P DI ED 1TS»hL1 CHU N 0 [C]Ni C Storage Yard N 0 ICI N, Warehouses N C ICI IC N P P N c N 1 N N PUBLIC/ INSTITUTIONAL, LAND USES O j RR [CHARITAB[.E INSTITUMNS) 'Churches* Colleges* RR II RS RSI RS2 RUiCC1CClLrn LD R TSH LC I CNIL ICI ICI ICI Pi E.P1 I-P1 [P] IP1 [P] IC] I I]u) P r C P C I C CCP P CHIP C P C C P P 0 P C C C P [0] [01 I 0.1 plf: 1510 pit) c n p p 11) p p Id 02P.S. c 21) Eiementary Schools* Governmental Buildings 11-figli Schools* Hospitals* •Libraries* c C C C C c_ I c Museums Parks and Recreation Assisted Living P MISCELLANEOUS LAND USES RR RIU 0 0 0 RS RS1 1(52 510? C Ei1 P C P 0 C C 5. C 5 0 r C C C C 0 C CPC P PP PC C1C 0 RU CC L Animal Boardine Bed and Breakfasts c Icahn, Rentals Cemeteries C C i 1 1Crematories/Funeral Homes 1 N 0 Day Care CentersI2 I 0 ,--- Dormitories/Boarding 0 C 1 079-3. 0 [Houses I i 1 ---I [Essential Services PIDIP P IFaminv/General Agriculture"* C [C] N 0 0 C 0 C C IC] N re] N C N C C12" C N N C C 0, N N P N N N C I ED 11 TSH LO' CHI/ • NI C C O N010 01 P N C C 0 P N P C CIO N 10 i 0 N N C!CH CI 0 0 C r!cH 0 0 1s P 1D1 5 P iP N N 1 Greenhouses/Tree 0 0 [CI N C Nurseries]] P P P N NNNN •C C • P ; C P P ; 11 P N PIN P C N , 0 C T LAND USE TABLE New Ten Underlined, [llil,.Erd TEXT BRACKETED] Resolution PZ 11-30 Attachment A — Page 2 KEY: P Principal Permitted Use C = Conditional Use 5 =Secondary Use N ."; Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS 11 MISCELLANEOUS LAND USES RR I RRI RS REl RS2 CC CG Gunsmithing,f PRINTING, Taxidermy N Assemblies" (Large: Circuses, Fairs, Etc.) C C Fraternal Organizations/ N C Private Clubs/Social Halls and Union Halls C C C PIP IL ; 1111 El) TSII LC C5411 . — ----- PIE N c r Nursing, Convalescent or N C [C] N C Rest Homes [PARK[NG, OFF-STREET] PI [P] [Pi [P1 Parking, Public Lots" C C [C] N 'Personal Services2s C C Cornrnuoieations Towers Sc Antenna(s), Radio/TV Transmitters/CeIl Sttes"21 CAE c I c 0 pi, N ft' [P1 13)i 00000C, P P PCC P/ P 027 P 3) PPC,CC N .P11 C P C C C 0 C [0] N C 0 1 C Recreational Vehicle Parks C Subsurface Extraction of , Natural Resource?" C [CJ N C N N 0 0 N 0!01N N N 1 N Soria= Extraction of C 0 [0)33). C N ' ; 0 1 CH, N 1 C N Natural Resources"' See 42 USCA Scc 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) See 42 Telecommunications Act •of 1996, See 704(a) See, howevei, the limitations imposed under KivIC 3 10.070 ;Footnotes: Allowed as a secondary use except on the ground floor of the part of the building fronting on collector SU-CMS and major highways. Commercial Or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2, One (1) singie-family residence per parcel, which is part of the twain building. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area 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 around 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 all applicable health regulations; The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the sunthunding neighborhood, and will not adversely affect surrounding property values; The buildings shall be used only for residential purposes and customary accessory uses, such as garages storage spaces, and recreational and community activities; 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; 1. The property adjacent to the proposed dwelling group will not be adversely affected, 14. Sec "Townhouses" section. New Text Underlined' ED TEXT BRACKETED] Resolution PZ ll-30 Attachment A — Page 3 9. See "Mobile Homes" section. Allowed as a conditional use. subject to "Mobile Homes" sec and provided that minimum Federal Housing Authority requirements. See "Planned Unit Residential Development" section. Allowed as a conditional use, provided that the proposed location and the characteristics:ofthesite will not destroy the residential character of the neighborhood. Allowed as a conditional use, provided that all applicable safety and rue regulations are met, some park meets the 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 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 characteristics of' the use will not adversely affect the commercial development of the zone. Allowed as a conditional use, provided that the following e a_ The proposed location of the and the size and characteristic of the rife wild maximir_e its benefit to the public; b. Exits and entrances and off - street parking for the use are located to prevent traffic hazards on public streets, Allowed as a conditional use, provided that setbacks, buffer strips; and, ether provisions are adequate to assure that use will not be a nuisance to surrounding properties. The Conimieeion shall specify the conditions necessary to fulfill this requirement: 14. Allowed. ee a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 13'. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining, property in . residential zone'. uamoes and off- street parking for the use shall be located to prevent traffic hazards on the public 16. See "Condit oral Uses" section. 17. See "Conditional Use Pemrit for Surface Extraction of Natural Resources" section. l8. 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 are 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 parking aprons, FAA authorized uses are allowed. 21. Developments for use shalt be the same as those listed m the "Development Requirements Table" for the RLf T SH zones. 22. Allowed as a conditional use in conjunction with a permitted 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 permitted; use in the ED zone. For example, a:dormitory used to house students for a:school or.educatinnai facility. 24 . Retail businesses allowed as a. secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. An studios barbers, beauticians. tattoo parlors, dressmakers, dry cleaners and self- service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on atemporary or seasonal basis of not more than four (4) months per year. 27 . Limited Commercial Zone haersonal Services Permitied(P) I Conditional f)se{t Art Studios X Barbers X _ Beauticians Dressmakers ':Dry Cleaners Self- Service I Laundries 1 Fitness Centers Massage Therapist PhotographicSfudios Tailors Tanning Salons X X X Tattoo P arlo New Text Underlined. [ID U TEXT BRACKETED] Resolution:PZ11 -30 Attachment A— Page 4 Personal services not set forth in the above matrix are conditional uses. 28. Communications towerlanterma(s) allowed as a principal permitted (P) use if the applied ,le conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable cortditions set forth in KMC. 14.20.255 and 14.20.150 are met 29. Use allowed only for those Parcels Ihat abut the Kenai Sour Highway, The access to anv suchparrcel rust be either from (a) deiveyvav access on the Kenai Sour Highway. or (bl driveway access from a dedicated right- elf -wav and that driveway access 1 is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel. 30. Use allowed only for thosemarcels that abut Beaver Loop Road. Bridge Access Road, and Kalifornsky Beach Road, Access to the parcel must_ be from these streets unless applicant can provide documentation that an application for a driveway Derma , has been denied by the State of Alaska or City of Kenai. 'what ease, the Commission may, consider alternate ingress and egress. Driveways should he located a reasonable distance from the Kenai. Spur Highway. Beater Loop Road, Bridge Access Road,, and Kalifoorns- each Road to ensure the driveway does not create an unsafe traffic pattern and to ensure that traffic impact into the neighborhood is minimized. Industry established trip generation standards forrthc commercial use should be used to determine the. impact to the neighborhood. Text Underlined' [LtaghED TEXT BR Resolution PZ11 -30 Attachment A - Page 5 14.22.010 Land use table. LAND :USE TABLE KEY: P Principal Permitted Use C = Conditional Use S - Secondary Use N = Not Permitted NOTE, Reference footnotes on following pages for iidditional restrictions ZONING DISTRICTS RESIDENTIAL [ • LAN» USES One Family Dwelling iTsvedllirce, Family 1 Cds P 1 Dwelling ; l Four Family Dwelling l CP' l P l Five"Six Family Dwelling 1 01 i C.:" N P N , I Seven oi More Family l C'' i Cd3 N i CI 1 N l Dwelling I [ 1 fownhouscs4 1 Cl" il C" i 1 Cr i Cir ! Cs i 0: i Cs Mobile Home Parke I N [CI N [C] N l [C] N i [c] N 1 [C] N i [C] N; l, Planneti Unit Residential 0 0 C Cl0110 Cl i Development" I COMMERCIAL 1 LAN» USES I "ll 0 RR RRI ] RS i RS RS2 Automotive Sales N 0.fl' [CI Pi i N l N 14 [G]N li }Pi:4 1' Automotive Service l N C '9'3" i [0]N i N N I N "isisCiNill7Pt P !Stations I 1 — 1 I : I i'l I N C-'1i=:' I Ci9 l [C] N N "iiiii i I itUdN P Business/Consumer I N 0 0:="slw i Cdn' I Nisi N ii 1[03 N I P ii so s —1 1 SerViCeS ] I RR RRI 1 P2 RSI RS2 1 RU 1 el din el I CC I CG IL ] ED I R TSB 1,4; 0,10 Sr S2 C" I P r sksp,1: 1 g1/01 C C" P 74: [[[, sbca N P Pri I Si C NIN] C. 1 Igls ] N P n I c c c 4 c, c [ c /1 c 1 N C I 0 I C. 0 01Ni N C C C itc Ac I cc it !Banks p 1111 ! ED R TSH LC CAW 1' Guide SOntiCe IbletelsiMotels Lodge l Professional Offices IRestauranis Retail Business ;CI N ICIN N N N [C] TC]N41 N pi I paid ,0 1 N N [0]: N P clp C r [Pic P P P P P P P N • N CH:NH! N P O N 0. C IN P P • I PINIC 1. P N 1 N O 0 P P I pT N &lig? I0,1 N N o P P P 521 CAj-a• Cfle-lii N N 0 P I Wholesale Buhe 0 [C] hi, liCIN N [0] NI C P I P P P • N 1 0 P C 1' O c c C T1iediers[100NIMERCIAl r " sg,„ ; [C] N lCIN: i N - i 'eN N''' RECREATION' lnik Commercial Reereanien !", 4 I cl: N I tyl N 1 1 I C LN C N P I 0 C o New Text Underlined; [Da nib D TEXT BRACKETED] Page 1 KEY: P = Principal Permitted Use C Conditional Use S = Secondary Use N R Not Permitted LAND USE TABLE NOTE: Reference footnotes 013 following p.ag.es for additional restidetimis ZONING DISTRICTS [ INDUSTRIAL LAND USES C RR RRI PR 1 Airports and Related Uses 1Autotnotive Repair • [C]N I [C]N [C] N N I C [C] N [C]N [ [ [ I RSI [ RS2 R12 N N N N N Lol lig Cc I CG P E P P IL Gas Manufacturer/Storage Manttracturing/Fabricatime Assembly Mini-Storagth Facility I StorageNard Warehouses N N [CI N [G]N • C I [TN [C]N N C [G]N [ [C1N [ [ • [Ch N ] MN PUBLIC/ INSTITUTIONAL LAND USES 1CHA R [TABLE [CA lNSTITUT IONS] C (CI L4 [CIN RR [ RRI RS KT] [Cl [0] N N N [CI N 0 P P P N P1010 N 1 N [0] N N N [(7] :33] 0 P N N [C1N N P DS, hh„, RSI I RS2 ITU CC lit LI IL Churches" Clinics pto pa plO fUO ca2,22. N 101 [0] r [01 p111 pCTO L P [0] 1's Th P Colleges* c c C' '111 ICI N jeCIN - P 1 Emary leent Schools'', C C Governmental .Buildings t }high Schoofss I Hospitals* Libtariess cLIN 1 CI C. c L [/[C,, ] (' LISCLIIIIS 0 WIN I N Ecl C N I •N 0 N N • N N N 0 N 111 ED 1 ' TSB [ LC CMT 101 [Plt. [C°: 1 [P1 10) [ C P I P [C] NH' I 0 [CIE: I ICIN I P 1 C :4.041 (.112°°11° [CN I IC] N 1 014 I it j E s t e . [ F l [ I c 3L) [GI [ci N C Pales and Recitation [ P Asssied Dying I MISCEI ANEOI/gc1 001010 C 0101C1 piptc,IFF P LAND USES- [ RR. Animal Bottrdinir[hh C Bed and BreaDTadts [ C'abin Rent4.0 [CeLfge.t.e[ RRI RS RSI 110 N (CFIN I [01 N P I [ 0] 0 ICI [ R TSB I [ flit; N 0 r C 0 P C , C C 1 c IChcrnatot les/Funeral Homes I • N C 1 Day Care CeilterSU C. C. [C]N 011,[ N 33 •N P [C] N ICIN N ICIN N J ,N N [Ca C c]• N c .0 0 .0 7 N C N C C 0 N [ Dormitories[BoaDling [ Houscs 1 c c c-I1=9 [0] N N [PK. P P Essential Services P 0 0 0 1 c 0 C 0 P N C P 11 Fat minghGeneral Agratulatres" Greehouses:7re° Nurseries" P P N C C I jejN N N N C " [CI N fq N N [C]N 0 I 0 0 N I P C 0 N N C c LAND USE TABLE New Text Underlined: tDartED TEXT BRACKETED] Page 2 KEY: P = 'Principial. Permitted Use C Conditional We S = Secondary Use N = Not Permitted NOTE: Ilea additional! rence footnotes or Collo ng pages for MISCELLANEOUS LAND USES Gunsmithingd PRINTING, Taxidermy A ssemb(ies° fL 1\fNi' 1)IS'3' 'TS RR 1 RRI TSH C F C [c 01N Pr [GIN C Nursing: Gut Rest Honnes [PARKING, OFF Parking, Public Lct Personal Servicesi` entor C C] N IC. C C C] N [C1N C Uonlrn r ca ions Towers & A ntonna(s). Radio /TV Transmitters/Cell Sites s z4 Recreational Vehicle Parks r' Su Na sion of [ C SE ,..4c nr =gen of Natural Resources') 4- i See 42 C SCA Sec.2000ec See 42 Telecoms See, however, tit [Pooarot c coma, IC.] ,N [C[N [C]N [C]N (CJN [CPS P [C]Ni ` [C]N LC1N P `.I''1 [PI [l'; [ ] [TIN [TIN 1 C C. C io ra� [C N 1, [G]NN !� N N [CM' mnr!u C N i C 1 C N N I{� (• N '� N [CI N [C IN N and Ute.and institution &lie ns Act of 1496, Sec 7(14(a)oi ns. impose d under KYIC416) C N >C' N N Allowed as a secondary use except on thearoundlloor of the part of the building fiontin„ highways Cornmercial or industriak nu„ f=its under the landscaping /site plans requlxem any secondary uses in the landscaping and site plans. One (1) smglev family- resdencer perrhpar cel, which is part of the main building. Allowed as to conditional u t $ tbjbet to satisfying the following conditions: a The usable area per dwelling unit shall he the same as that required for dwelling exits in the RS zone; b. The art&stuerc?Dotage in area must be approved by the Commission; c. YardXgrgiound tic site, off - street parlcing, and other development requirements sha }1 he t'he sacs as for principal uses tO Flit RR cone; d r * 4 4lq' a.ic sewer facilities shall meet the requirements of all applicable heath mgurations; a collector strec'i. s of KMC 14.2 Ind major all include 'Die proposed dwelling . group will constitute residential area of sustained - desirability and stability; will be in hptsiony with the character of the surrounding neighborhood; and will not adversely affect surrounding property s'al ues; The buildings shall be used only for residential purposes and customary accessory uses, such a Spaces, and recreational and community activities; There shall be provided, asp art of the proposed development adegr ate: ecreation areas. to serve the needs of th anticipated population; The development shall not produce a volume of traffic in excessof thecapacity for which the access streets are designed; The property adjacent to the proposed dwelling group soil; not be adversely affected. See "Townhouses" section. m New Text Underlined' [D [ 'ED TEXT BRACKETED[ Page 3 j7. See `Mobile Homes" section. Allowed as a conditional use, subject to "Mobile Homes" section and provided ihatany mobile borne park meets the minimum Federal Housing Authority requirements. See "Planned Unit Residential Development' section. S. Allowed .as :a conditional use; provided that the location and the charaeteristies of the site will not- destroy the residential character of the neighborhood. 9. Allowed asa conditional use, provided that all applicable safety and fire regulations are tier. I b. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. F L Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoin street or property line and provided further that the proposed location and characteristics of the use will not adversely the commercial development of the zone. I.2. Allowed as a conditional use, provided that the following conditions are met: The proposed location of the use and the size and characteristic of the site will maximize its i/ b. Exits and eentrances and off- street parking for the use are located to prevent traffic hazards t 13. Allowed as a conditional use,. provided that setbacks, buffer strips, and other provisions an adequate miasmata will not be a nuisance to surrounding properties. The Commission shall specify the cordit iou5 neccssrury to fulfil requirement. 14. Allowed as a conditional use, provided that no indication e said use is evident from tii' ':15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall he provtdef +`"ttetwe :said. use and any adjoining property in aresideiitial zone. b Exits and entrances and off - street parking for the use shatI ba located�tb prey streets. I6. See "Conditional Uses" section. I 7 See "Conditional Use Perinit for S.11 ace Ex htion ofN Des" section. 18 Conditional Use allowed only on p held propertyr allowed on novernme t Iii cl . 19. Deleted by Ordinance 2144 -2005. 20. The airport related uses allowed t under this properties contained inside the airport perimeter ¢, parking aprons; FAA authorized uses are allov.e2,,. 2.i. Developments for use shall be the s incerthose listed in the "Development Requirements Table" for the RU /TSH zones, 27. Allowed as a conditional use in corlyunctuon with a. permitted use in the CD zone, For example, for leachers or students for a school in the /once 23. Allowed as an accessory use ittcchj i- ebon with apemntt.bd use in the ED zone. For example, a dormitory used to house students fora school m educational fa .dity. 24: Retail businesses allowadagsn>euondary use to consuraction with the :primary - rse(e :g.; a gift shop or coffee shop within another business). 3 25. Art studios barbeisrbeautwiiaits, tattoo parlors; dressmakers, dry cleaners and self-service laundries; fitness centers, photographic studies, tailors, tanning salons and massage: therapists. 26. Food ser; cea pc allowed on a temporary or seasonal basis of not more than four (4) months per year 27, on the public pproach zones per KMC 14.20.070(a), except that for g access to aircraft movement areas, ramps, taxiways or Limited Commercial l Zone Person v' I Permitted(?) Art Studios X Barbers Beauticians Dressmakers Dry Cleaners Self- Service. Laundries Conditional Use(C) X X X Fitness Centers Massage "Therapist Photographic Studios 1 X X Tailors Tanning Salons tattoo Parlors Iv Text Underlined: Ear' ED TEXT BRACKETED] Page 4 Personal services not set forth in the above matrix are conditional uses. 28. Communications towecantenna(s) allowed as a. principal permitted (P) us esf the applicable conditionsset forth in KMC 14.2(1255 are met or a conditional use (C) lithe applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed on driveway access on the. is: not more than 27 Spur Highway. The access to any such parce iveway access from a dedicate right- of -wdi idled der erline of the Kenai Spur l (iahwa to aroi driveway access as shown on an a 01 30. Use allowed only for those parcels that abut. Beaver Loop Road, Bridge Access Road, and Kaltfornslcv Beac to the parcel must be these streets mites applicant min provide doeumentatlon that an application for a di we.iav nenrit has been denied Icy tote State of Alaska or City of Kenai. In that case_ the Commissinrcnmv consider aitemte mores and egress. Driveways should he located a reasonable distance from the Kenai Sour Highway Beaver Loon Ro,x _B rdee Access Road. and Kai fornskyBeach Road to ensure the :driveway does not create an unsafe t affic:Pattern : td to <enst.re ±at fi trafc impact into the neighborhood is minimized Industry: established trip generation standards for the cuymrnercial use should be used to determine the impact to 1e neighborhood. T om (t Access New Text Underlined ID2I.Q'EI 'E.XT BRACKETED] Page 5 lire e# of , hiNAI,ALASKA MEMO: "Village woe a Past, Ct with w a Future 1 I I Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1992 TO: Rick Koch, City Manager FROM: Nancy Carver, Planning & Zoning Assistant DATE: August 31, 2011 SUBJECT: Ordinance No, 2546-2011 (Substitute B) and Request for Introduction of a New Ordinance At the August 30th Special Planning and Zoning Commission meeting, the Commission unanimously passed Resolution PZ11-30 requesting administration introduce a substitute to Ordinance No. 2546-2011 at the September 7, 2011 Council Meeting. The substitute includes all Planning and Zoning recommendations and changes to the Rural Residential 1 (RR1) Land Use Table, amending Kenai Municipal Code 1422,010, Land Use Table as shown on Attachment A. The Commission also requested the complete Land Use Table be provided to Council as background information only so the Council is aware as to how the Commission decided upon the changes in the Rural Residential 1 (RR1) Land Use Table as shown on Attachment A. The Planning and Zoning Commission unanimously approved a motion from Commissioner Navarre to request Administration introduce a new ordinance on behalf of the Planning and Zoning Commission at the November 2, 2011 City Council meeting recommending Kenai City Council amend Kenai Municipal Code 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential (RR-1), and the Urban Residential (RU) zoning districts. 41 Corene Hall From: Robert J. Molloy [bob @molloyforcouncil.com] Sent: Wednesday, September 07, 2011 10:55 AM To: Corene Hall Cc: Mayor Porter; Kellie Wannamaker Subject: Fwd: meeting tonight Hi Corene: Please make Kellie Wannamaker's email a laydown for item DI tonight. Thank you. Bob Robert J. Molloy, Council Member Kenai City Council Kenai, Alaska bob@molloyforcouncil.com Begin forwarded message: From: Kellie Wannamaker <kellieinak . hotmail.com> Date: September 7, 2011 10:35:22 AM AKDT To: <bob(a.molloyforcouncil.com> Subject: meeting tonight Mr. Molloy, I am writing to encourage the idea that commercial business stay in the downtown area. I support the Molloy Substitute to Ordinance 2546 -2011 and I hope you will too. I do not support the Planning and Zoning Commission Substitute to Ordinance 2546 -2011, because it allows too many conditional uses that are incompatible with our neighborhood, and the intent of the RR -1 zone. For the same reason, I do not support any amendments to add more conditional uses to the RR- 1 land use table. Thank you for your time AND for your service to the city I love calling "home ", Kellie Wannamaker 603 Magic Ave. Kenai Corene Hall From: Robert Molloy Sent: Monday, September 05, 2011 9:36 AM To: Corene Hall Cc: Mayor Porter Subject: Fwd: Ordinance 2546 -2011 Hi Corene: Please make Dale and Janet Stockton's email to Council a lay -down for Item D1 at the Council's 9/7/11 Meeting. Thanks - Bob Molloy Begin forwarded message: From: janet & dale Stockton <distocktonc gci.net> Date: September 3, 2011 8:20:50 AM AKDT To: kenaimayor10 anmsn.com, mbovle(e)alaska.com, bobemolloytorcouncil.com, coaloeealtrogco.com, ryan©marquisforkenai.com, terrv(a7bookevforkenai.com briangabriel(o)acsalaska.net Subject: Ordinance 2546 -2011 We support the Molloy Substitute to Ordinance 2546 -2011 and I hope you will too. I do not support the Planning and Zoning Commission Substitute to Ordinance 2546- 2011,because it allows too many conditional uses that incompatible with our neighborhood, and the intent of the RR -1 zone. For the same reason, I do not support any amendments to add more conditional uses to the RR -1 and use table. Thank you, Dale and Janet Stockton 4545 Wolfe St. Kenai Ak. 99611 Three W Subdivision 1 Mr a' I yel KEMAL ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2577-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,226 IN THE AIRPORT FUND AND BY $89,053 IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR CAPITAL IMPROVEMENTS, WHEREAS, the FAA has approved funding for additional work to be included in the Apron Improvement Project; and, WHEREAS, the estimated cost of the additional work is 89,053; and, WHEREAS, the FAA will fund 95%, the State of Alaska will fund 2.5% and the Airport Fund will provide 2.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 2,226 Increase Appropriations: Transfer to Capital Project Mind $ 2,226 Airport Improvements Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund $ 2,226 Federal Grants 584,601 State Grants $ 2,226 Increase Appropriations Engineering 88,000 Construction $81 053 889.053 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of September, 2011. PAT PORTER, MAYOR 42 Ordinance No, 2577-2011 Page 2 of 2 ATTEST: Corene Hall, Deputy City 0, lerk Approved by Finance: k 43 Introduced: August 17, 2011 Adopted: September 7, 2011 Effective: September 7, 2011 Memo •305 K. „ . SUOTE 200 KENAB, ALASKA 99611 flEF$40NE 907-283-7951 FAX 907-283-3737 To: Rick R. Koch- City Manager From: Mary Bondurant — Airport Man Date: August 10, 2011 Subject: Ordinance No. 2577-2011 The above ordinance is necessary to cover additional professional services performed by the Airport consultants, VVince-Corthell-Bryson, on the Apron Rehabilitation Project and costs associated with final change orders and the close out process. The FAA allows the City to amend grants upwards of up to 15% for work items identified as being directly or incidentally related to its projects. The FAA has reviewed the revised apron engineering budget and cons and concurs with the Change Order No. Nine. Attachment WWVJ,Ci kenai ak, us. 44 Mary Bo rant From: Sent: To: Cc: Subject: Casey, eric. g hel m s@faa. g ov Monday, August 08, 2011 11:46 AM. Casey Madden Kevin Lyon; Mary Bondurant Re: kenai Apron Fina!Change Orders Thanks for the information. FAA concurs w the changes. O. Eric Helms Project Manager A €aska Region Airports Div AAL -622 907-271-5202 "Casey madden" <,,r7di i(2 &jalaska.care> Eric U ;Helrns /AALIFAA@FAA "Kevin Lyon" elde n cl kern rr.i >', "Mary Bondurant" <mho 08/05/201.1 01:27 PM kenai Apron Final Change. Orders Eric Mary and Kew. asked me to forward the Final 6a(ancingChange Order for the Construction Contract as wel!as myrnemo requesting a final increase to the. Engineering PO to complete the Dose Out for review and approval I have also attached our summary of costs for the Iwo grants Casey Madden, P.E. P inci I Engineer Viik a Corti• it - Bryson Phone: (907) 283-4672 Fax: (907) 283 -4676 cth dd< o@ Atcb_=laska,corn. [attachment "July Project Report Memo.doc" deleted by Eric G Helms /AALJFAA] fattachment "Change Order 9.xls" deleted oy Eric 0 Helms /AAL /FAA] [attachment "ACCOUNT REVIEW 7- 30- 11.xls" deleted by Eric C Hems /AAL /FAA) 45 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION (ADEC) GRANT FUNDS FOR THE PROJECT ENTITLED "NEW WATER TRANSMISSION MAINS (PHASE IV) AND RELATED IMPROVEMENTS," AS THE CITY OF KENAI'S NUMBER ONE LOCAL STATE FUNDING PRIORITY FOR FISCAL YEAR 2013. . WHEREAS, the City of Kenai through the State of Alaska, Department of Environmental Conservation requests grant funding under the Municipal match grant (MMG) program; and, g WHEREAS, the State of Alaska, Department of Environmental Conservation has requested that the City of Kenai identify if this project is the community's number on local state funding priority for fiscal; year 2013; and, WHEREAS, existing and planned subdivisions along Beaver Loop Road are served by on -site water wells, the majority of which produce water with arsenic levels above the EPA water quality standards of I0ppb, some as high as 200 ppo; and, WHEREAS, the construction of, and connection to the City of Kenai's water utility will eliminate health hazards associated with consumption of water with arsenic levels exceeding the EPA water quality standards. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, designates the New Water Transmission Mains (Phase IV), and Related Improvements as the City of Kenai's number one local state funding priority for fiscal year 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seven eenth day of August, 2011. ATTEST: Corene Hall, CMC, Deputy City Clerk 46 PAT PORTER, MAYOR 6ht et" KENAI ALASKA e with a Past, C ll with a 210 FidalgoAvenue, Kenai, Alaska 94611'7794 34 ND TO: City Council THRU: Rick Koch, City Manager FROM: Kevin Lyon, Gapital Projects Mariage DATE: August 17./011 SUBJECT: Resolution 2011-65 SFY 2013 ADEC Municipal M hin Grant Program The Administration recommends thathC&vC cil approve the above- referenced resolution. The resolution designates the "Water Transmission Mains (Phase IV) and Related Improvements" as the City's number one local state-funded capital improvement project for FY 2013. This designation is significant because a project's designation as the number one project will assure that the project receives the maximum number of points in the ADEC's competitive grading system for the State's Municipal Matching Grant (MMG) program. A resolution is the required method for the City to make this Time is of the essence due to tbe State's deadlines for its project evu|uationsundertha MMG pro ro.Thus.thisreso|utioniopresnniedaoakavdomnsntha1 the Gity can meet the State's time requirements. If the resolution is not considered until the next City Council meeting on September 7, the designation vvili have no impact on the MMG project ratings by State officials. The project identified is: Water Transmission Mains Phase IV - Construct an addftionai municipal production well in the Beaver Creek well field and a roximately 6,000 lineal feet of water transmission main along Beaver Loop Road beginning at Togiak Street and ending at a point between Ames Road and Angler Dhve. This s phase one of the three phase project to construct a water main aong Beaver Loop Road. mis phase has a total project cost of $2.O84,88O with u7OYtADECmatching grant fund request ufQ1,B78`8UO. TO: CC: FROM: DATE: SUBJECT: Villa e with a Past, Cify vattil a Future'? 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 0 Mayor Porter and City Councilors Rick Koch, City Manager Krista S. Stearns, City Attorney if August 30, 2011 Ratification of Resolution No. 2011-65 1992 On August 17, 2011, the Council considered and passed Resolution No. 2011-65 establishing the project entitled "New Water Transmission Mains (Phase IV) and Related Improvements," as the City's number one local state funding priority for Fiscal Year 2013. No notice was provided to the public of the consideration of this ordinance in the agenda or other meeting notice prior to the start of the August 17 meeting. Instead, the resolution was presented as a lay-down in order to meet the timeline for making an application for grant funds for the project. The City's procedure for passage of a resolution requires that all persons interested who appear shall be given an opportunity to be heard.' When resolutions are presented as a lay down, no advance notice of the resolution is provided to the public, thus impinging on the public's ability to participate and exercise their right to be heard. The lack of notice could be considered as a violation the Open Meetings Act (OMA) requiring that reasonable public notice must be given for all meetings! Because actions taken contrary to the OMA are potentially void, it behooves the City to provide a second public hearing on Resolution No. 2011-65 and for the Council to ratify its decision to adopt the resolution. After the public hearing is closed, a motion to ratify would be appropriate: I move to ratify the decision to adopt Resolution No. 2011-65 and further express that it is the intent of the Council that said resolution is effective as of the date originally adopted, August 17, 2011. 2 KMC 1.15.080. AS 44.62.310(e). L: \CM 201 laatifyResolution082911 48 Suggested by: Planning & Zoni CITY OF KENAI RESOLUTION NO. 2011-66 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING A STREET NAME FOR AN UNNAMED STREET, WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Council of the City of Kenai to name and rename streets; and. g WHEREAS, Section 14.15.020 of the Kenai Code provides a base line for numbering parcels; and, WHEREAS, Buccaneer Alaska Operations, LLC plans to place a drilling rig on a parcel located on an unnamed street; and, WHEREAS, an address for the site is required so that in the case of an emergency the site can be located by emergency responders; and, WHEREAS, the Planning & Zoning Admi parcels within the City of Kenai; and, ation is responsihle for addressing all WHEREAS, to address the site requires naming of the street; and, WHEREAS, both City of Kenai and Kenai Peninsula Borough code recommends the continuation or projection of streets; and, WHEREAS, this section line if continued would align with Redoubt Avenue; and, WHEREAS, topography and the location of the ICenai Municipal Airport will restrict development of Redoubt Avenue so it could never connect to this portion of the section line; and, WHEREAS, Fredrick Pearson became a resident of the State of Alaska in 1952 or 1953; and, WHEREAS, Mr. Pearson in the late 50's built an access road which is now known as Highbush Lane to his property which is located along this unnamed section line; and, WHEREAS, Mr. Pearson received a patent for his property as a homestead in 1965; . and, WHEREAS, the Planning & Zoning Commission held a public hearing on July 27, 2011 and recommends the following street name: 49 Resolution No. 2011-66 Page 2 of 2 CURRENT NAME No Name RECOMMENDED LOCATION OF OFFICIAL NAME CHANGE Pearson Avenue Right-of-Way east of the airport proper. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official street name, as noted above, be adopted by the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of September, 2011. ATTEST: Corene Hall, Deputy City Clerk 50 PAT PORTER, MAYOR the 4itv KENAI9ALASKA Viila e with a Past, City with a [-Wren M EM 0 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535/ FAX: 907-283-3014 TO Rick Koch, City Manager FROM: Nancy Carver, Planning & Zoning Assistanflj DATE: August 26, 2011 SUBJECT: Resolution 2011-66 - Street Name Recornmendation At their meeting on July 27th, the Planning & Zoning Commission passed Resolution P71 124 recommending a street name for an unnamed section line. Assigning street names is typically done through the platting process, with recommendations to the Kenai Peninsula Borough. However, there is no platting process going forward. The area affected is the location for the new drilling site for Buccaneer Alaska Operations, LLC, and a street name is necessary to provide addressing for E911 purposes. 1992 The street name "East Redoubt" was Administration's recommendation for the naming of this section line since Kenai Municipal Code 14.15.020 and the Kenai Peninsula Borough code recommend the continuation or projection of streets. The name "East Redoubt" would reflect a continuation of the rest of the section line west of the airport known as Redoubt Avenue. The Commission did not agree with the naming of the street as "East Redoubt" and instead unanimously recommends that the official name of the section line be "Pearson Avenue," The Commission reasoned that because Redoubt Avenue is located to the west of the Kenai Municipal Airport, and because this portion of the section line at the Buccaneer site could never connect to Redoubt Avenue as a result, the naming conventions in the City's and Borough's codes did not strictly apply. The Commission preferred to honor long-time resident Fredrick Pearson by making this recommendation. Carrie Henson, E911 Addressing Officer for the Kenai Peninsula Borough says Pearson Avenue is an approved name and it meets NENA standards (National Emergency Numbering Association). 51 CITY OF KENAI PLANriING & ZONING COMMISSION RESOLUTION NO. PZI1 -24 SUBS i ITUTE A RESOLUTION OF THE KENAI PLANING & ZONING COMMISSION RECOMMENDING THE COUNCIL OF THE CITY OF KENAI NAME AN UNNAMED STREET. WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Counc name and rename streets; and. at to WHEREAS, Sectaori'14 IS_020of the Kenai Code provides a base Iinc fornuanberingparcels; and, RER1SAS, Buccaneer Alaska Operations, I,LC plans to place a drilling rig on a parcel located on an unnamed street; WHEREAS, an address for the site is required so that Ir the case of an emergency the site can be located by emergency responders; and, WHEREAS, the Planning & Zoning Adra City of Kenai; and, ion is responsible far addressing all parcels WHEREAS to address the site requires Weaning of the WHEREAS, both City of Kenai and KenaiPeninsula Borough code recommends the continuation or projection of streets; and, WHEREAS, this section line it continued would align with Redoubt AN_'nue, and, WHEREAS, topography and the location of the Kenai Municipal Airport will restric •development of Redoubt Avenue so it could never connect to this portion of the sect WHEREAS, Fredrick Pearson became a resident of the State of Alaska in 1952 or 1953; and, WHEREAS, Mr. Pearson in the late 50's built an access road which isr.oWlc own as llighbush Lane to his property which is located along this 'unnamed section line; arid, WHEREAS, Mr. Pearson received a patent for his property as a homestead in 1965; aitd, 52 WHEREAS, the following street name is recommended: CURRENT NAME RECOMMENDED . LOCATION OF OFFICIAL NAME CHANGE No Name Pearson Avenue Right-of-Way east of the airport proper. NOW, THEREFORE, THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA RECOMMENDS THE OFFICIAL STREET NAME AS NOTED ABOVE BE ADOPTED BY THE COUNCIL OF THE CITY OF KENAI PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 27th day of July 2011. AtteW: / 53 Public Hearing/Postponed: July 13, 20111 Second Public Hearing: July 27, 2011 Approved: July 27, 2011 Rese 2011 -66 edoubt Ave P rauc)se Pr ^nosE d P^' 54 KENAI CITY COUNCIL - REGULAR MEETING AUGUST 17, 2011 7:00 P.M. KENAI CITY COUNCIL CHA ERS Imo / /.nay .ci.kenaLa .us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. A -1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A-2. Swearing in of Student Representative (Clerks Note: This item was removed from the agenda.) A -3. Roll Call There were present: Mayor Pat Porter, Joe Moore, Robert Molloy, Terry Bookey, Brian Gabriel, Ryan Marquis and Mike Boyle (telephonic), comprising a quorum of the Council. A -4. Agenda Approval Mayor Porter read the following changes to the agenda: MOVE: A -2. Swearing in of Student Representative ADD: A -5. Recognition of Dan Young ADD: D -9. Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related improvements, As the Number One Local. State Funding Priority for Fiscal Year 2013. MOTION: Council Member Marquis MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED. ERED. A -5. Consent Agenda 55 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 2 MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. A -6. Recognition of Dan Young on his Retirement from the City after 31 years. Mayor Porter recognized Day Young on his retirement and presented him with an engraved plaque from the City. ITEM B: ITEM C: ITEM D• D -1. SCHEDULED PUsc;LIC COMMENTS -- None. UNSCHEDULED PUBLIC COMMENTS -- None. PUBLIC HEARINGS Ordinance No. 2546 -2011 -- Amending KMC 14.22,010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing. Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: At its May 18, 2011 meeting, the City Council postponed Ordinance No, 2546 until the August 17, 2011 Council meeting for art additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more, work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) D -1 -a. MOTION: Substitute Ordinance No. 2546 -2011— Amending KMC 14.22.010, Land Use Table, to make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain. Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zoning District. Council Member Malloy MOVED to amend Ordinance No. 2546 -2011 by substitution. Council Member Marquis SECONDED the motion. Mayor Porter opened the meeting to public hearing. Charles Winegarden, 309 Princess -- spoke in favor of the substitute ordinance. 56 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 3 Marcie Menefee, Deputy Director Alaska Mental Health Trust -- reviewed a letter from the Mental Health Trust presented at the meeting and suggested amendments as included in the letter. Jim Sawhill, Lounsbury & Associates -- noted he was retained by the Alaska Mental Health Trust, reviewed the Land Use Table and made suggestions included in the table attached to the letter from the Mental. Health Trust. Kelso, 117 Walker Lane -- spoke in favor of the substitute ordinance. Karen Koester, 845 Set Net Drive -- spoke in favor of postponing the ordinance until the Planning and Zoning Commission had time to finish their work, Council Member Moore requested a report on the Planning and Zoning Commission work session of August 16, 2011. Koester reported the commission worked, for three hours, looking at all zones and making comparisons. Council Member Gabriel inquired as to when a recommendation could come forward. Koester reported a recommendation could come to the Council at the September 21, 2011 meeting. Council Member Bookey asked if a recommendation could come forward at the September 7, 201.1 meeting. Koester was not sure. Jeff Twait, 1808 JulieAnna, _Planning and Zoning Commission Chair -- gave a brief history of the Planning and Zoning Commission's work on the ordinance and reported a recommendation could come to Council at the September 21, 2011 meeting. Council Member Bookey inquired as to whether or not a recommendation on RR] only could come to the Council for the September 7, 2011 meeting. Twait reported a public hearing would be required at the September 14, 2011 Planning and Zoning Commission meeting. Colleen Ward, 708 Magic -- (shared minutes from Walt Ward, Gloria Wik, Richard Kelso and Nancy Schrag) Ward read an email from Jarrod Daniels, encouraged the Council to vote on the ordinance at this meeting, and spoke in support of the substitute ordinance. Council Member Molloy thanked Ward for her work on the ordinance and substitute. Mark Schrag, 312 Princess -- encouraged the Council to vote at this meeting, noting the substitute was a compromise that protects neighborhoods and allows reasonable commercial development Paul Turinsky, 408 Magic -- (shared minutes from Michelle Turinsky) Turinsky noted he was a builder who wanted growth in Kenai, believed the process to be too slow, and recommended voting at this meeting. 57 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 4 Council Member Gabriel thanked Turinsky for his enthusiasm. Tim Navarre, Box 92, Kenai -- requested postponement of Ordinance No. 2546-2011 so the Council could look at the work of the Planning and Zoning Commission, noting good input from all areas of the city, not just RR -I residents. Council Member Marquis asked why the Planning and Zoning Commission would not make a recommendation on the RR -1 zone Land Use only. Navarre noted the Commission wanted to compare all the zones to lessen inconsistencies. Janine Espy, 403 McCollum -- requested the Council vote at this meeting. Pat Falkenberg, 399 McCollum -- Thanked. Council Member Molloy for his work on the Ordinance and spoke in favor of voting at this meeting. Henry Knackstedt, 1602 Barabara -- noted his surprise at the anger over the issue. There being no one else wishing to speak, the public hearing was closed. BREAK: 8 :19 P.M. BACK TO O ER: 8:29 P.M. Council Member Molloy thanked the public for their comments, read the City of Kenai Mission Statement, noting the ordinance was true to that vision, and reviewed the suggested changes in the substitute. Council Member Moore asked if the changes were substantial enough to require another public hearing. City Attorney Stearns noted there had been a public hearing at this meeting and Council could decide if it wanted another public hearing. Council Member Gabriel noted he would support postponement in ordcr to hear the recommendation from the Planning and Zoning Commission. MOTION: Council Member Moore MOVED to postpone Ordinance No. 2546 -2011 to the September 21, 2011 meeting and Council Member Gabriel SECONDED the motion. Council Member Boyle spoke against postponement: Mayor Porter noted her support of the postponement as a courtesy to the Planning and Zoning Commission. MOTION: Council Member Marquis MOVED to amend the motion to postpone by changing the date to September 7, 2011 and Commissioner Bookey SECONDED the motion. 58 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 5 Council Member Gabriel asked if the Planning and Zoning Commission could have a recommendation for the September 7, 2011 meeting. City Planner Kebschull reported there would not be enough time to notice the public. Council Member Bookey suggested Planning and Zoning Commission hold a special meeting that would allow them to meet the notification deadlines. Kebschull reported that was an option. VOTE ON AMENDMENT: Council Members voting YES: Bookey, Marquis, Molloy, Boyle, Porter Council Members voting NO: Moore, Gabriel MOTION TO ' END PASSED. VOTE ON POSTPONEMENT: Council Members voting YES: Moore, Gabriel, Bookey, Marquis, Porte Council Members voting NO: Molloy, Boyle MOTION TO POSTPONE PASSED. BREAK: 9 :01 P.M. BACK TO ORDER: 9:05 P.M. 0-2. Ordinance No, 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." (Clerk's Note: At its July 20, 2011 meeting, the City Council postponed Ordinance No. 2560 2011 until the second meeting in August (August 17, 2011) at the request of Vice Mayor Boyle. The motion_ to adopt is active.) MOTION: Council Member Marquis MOVED to approve Ordinance No. 2560-2011 and Council Member Moore SECONDED the motion. There were no public comme Council Member Moore requested clarification as to the accuracy of the attached memorandum. City Manager Koch reported the memo was still accurate. VOTE :' Council Members voting YES: Moore, Gabriel, Bookey, Marquis, Molloy, Boyle Council Members voting NO: Porter 59 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 6 MOTION PASSED. 13-3. Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of InfoLlnation Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. (Clerk's Note: At its June 15, 2011 meeting, the City Council amended Ordinance No. 2564 -2011 and subsequently postponed it until the second meeting in August (August 17, 2011) with direction for the Code Enforcement Officer, Planning and the City Manager to review the code enforcement aspect relative to real property,) Council Member Marquis MOVED to enact Ordinance No. 2564 -2011 and Council Member Molloy SECONDED the motion. There was no public comment. Council Member Marquis reported he could not support the ordinance, stating it was too broad. Council Member Boyle suggested postponing the ordinance indefinitely so he could rework the document. MOTION: Council Member Bookey MOVED to postpone Ordinance No. 2564 -2011 indefinitely and Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: Council Members vo "ing YES: Marquis, Molloy, Boyle Council Members voting NO: Moore, Gabriel, Bookey, Porter MOTION TO POSTPONE FAILED. VOTE ON MAIN MOTION: Council Members voting YES: Boyle Council Members voting NO: Moore, Gabriel, Bookey, Marquis, Molloy, Porter MOTION FAILED. D -4. Ordinance No. 2575-2011 Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an independent Appraisal Upon a Best Interests Finding of the Council. 60 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 7 MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2575 -2011 and Council Member Bookey SECONDED the motion. Council Member Moore requested clarification from Administration. City Manager Koch reviewed the ordinance, noting a resolution would come to Council each time the process was used, VOTE: MOTION PASSED UNANIMOUSLY. D -5. MOTION: Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. Council Member Moore MOVED to adopt Ordinance No. 2576 -2011 and Council Member Marquis SECONDED the motion. There were no public comments. Council Member Marquis asked if Administration would contact the person interested in starting a segway business. City Manager Koch replied yes. Council Member Boyle reported the City of Redland, California police department used segways at public events, VOTE: MOTION PASSED UNANIMOUSLY. D -6. Resolution No. 2 011 -63 -- Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled Main Street Reconstruction 2011 for the Total Amount of $157,131.00. MOTTO Council Member Marquis MOVED to adopt Resolution No. 2011 -63 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. 61 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 8 D -7. Resolution No. 2011 -64 -- Awarding a Contract for Engineering Services for the Project Entitled Kenai Municipal Airport Master Plan 2010 to Wince- Corth.ell- Bryson for the Total Amount of 5483,715.00. MOTION: Council Member Moore MOVED to approve Resolution No. 2011 -64 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no public comments, Council Member Molloy requested a brief report on the scope of work. City Manager Koch reported the Plan would look at existing uses, history of uses, project future uses and growth, environmental concern present and future, obstructions, proposed Capital "improvement Project lists, cost estimates, financing options, and work on approximately 20 diagrams related to lights, land use, etc. Koch noted the Airport Commission, Planning and Zoning Commission, Council and the public would all see the product during the process. VOTE: MOTION PASSED UNANIMOUSLY. 0 -8. *Liquor License Renewal -- Transfer of Ownership -- Upper Deck, LLC APPRO D BY CONSENT AGENDA. 0-9. Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. MOTTO Council Member Molloy MOVED to approve Resolution No. 2011 -65 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no public comments. VOTE: ITEM E: E-1. ITEM F: ITEM G: MOTION PASSED UNANIMOUSLY. MINUTES *Regular Meeting of August 3, 2011. Approved by consent agenda, €SRED BUSINESS -- None. NEW BUSINESS 62 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 9 G-1. G-2. MOTION: Ratification of Bills -- None. Approval of Purchase Orders Exceeding $15,000 Council Member Moore MtVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no objections. SO 0* ERED. G-3. *Ordinance No. 2577-2011 -- Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by $89,053 in the Airport Improvement Capital Project Fund for Capital Improvements. Introduced and set for public hearing on September 7, 2011 by approval of the Consent Agenda. G-4. Action/Approval — Utility Easement to Horner Electric Association, Inc. for an area of land embracing 69 square feet, more or less within a portion of Alaska State Land Survey ASLS No. 76-118 according to plat number 79-169 Kenai Recording District situated in the SE 'A Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska, City of Kenai. MOTION: Council Member Molloy MOVED to approve the easement and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. Council Member Gabriel asked if other utilities would use the easement and City Manager Koch replied yes. VOTE: MOTION PASSED UNANIMOUSLY. G-5. Discussion -- Set Special Meeting/Executive Session -- Regarding Matters the Immediate Knowledge of Which could have an Adverse Impact on the Finances of the City and to give direction to Administration: CINGSA -- Mineral Rights, Easements and Pore Space. A special meeting was confirmed for Thursday, August 18, 2011. Mayor Porter requested acknowledgement of receipt of the email notice. ITEM H: COMMISSION/COMMITTEE REPORTS H-1. Council on Aging -- No report. 63 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 10 H -2, Airport Commission -- Council Member Bookey reported the Airport Commission reviewed several chapters of the Airport Regulations. H -3. Harbor Commission -- No report. Library Commission -- Council Member Marquis reported the Library Commission meeting had been cancelled. Parks & Recreation Commission -- Council Member Bo reported there had been no quorum at the August 4, 2017 meeting and a special meeting would be scheduled. H -6. Planning & Zon° g- Commission -- Council Member Gabriel reviewed the agenda of the August I0, 2011 meeting. Council Member Molloy reported on the August 16, 2011 work session. H -7. H -7 -a. II -7 -b. H -7 -c. II -7 -d. Miscellaneous Commissions and Co: Beautification Committee -- No report. Alaska Municipal League Report -- No report. Mina -Grant Steering Committee -- No report. Kenai Convention & Visitors Bureau -- No report. e Reports of KPE Assembly, Legislators and Councils -- Council Member Marquis reported the Assembly reversed their decision on solid waste disposal and the site would be open seven clays per week. ITEM I: REPORT OF THE MAYOR Porter thanked Administration for the flowers sent during her recent hospital y and - reported the following: City Manager Koch read a proclamation at the Head Back Healthy She visited Kelsey Leafs reforestation project. She thanked Scott Harriman of Metal. Magic for the on pour of the 2011 All- America City award which hangs in the Lobby. 8 campaign. ITEM J: ADMINISTRATIION REPORTS J -1. City Manager -- Koch reported he had received a refined preliminary design for the bluff erosion project from the Corps of Engineers, and documents and cost reports showing the start of the process, noting their intent to participate in a final f'asibility study as the last stage before the issue goes to Congress, 64 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 11 Council Member Moore requested a start date. Koch noted it would be within the next three years. Koch reported limits on the fuel pumps at the float plane basin had been raised from S75 to $300 with the help of Airport Manager Bondurant. Koch noted. Jeff Jones from the Governor's office wanted to meet with him regarding' the personal use fishery. J -1 -a. Unsolicited Offer to Purchase City Property -- Millennium Square This issue was postponed until the September 7, 2011 meeting at the request of the proposed buyer in order for them to attend, J -2. Attorney -- Stearns thanked her assistant for a nice birthday. J -3. City Clerk -- Hall reported that there would be two candidates on the ballot for City Council, Tim Navarre and incumbent Mike Boyle. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments Colleen Ward, 708 Magic Avenue -- apologized for her earlier testimony and requested clarification, Council Member Molloy thanked Ward for her work. Tim Navarre, fin?=_ 92 -- Thanked Ward for not raking the issue personal, spoke in favor of communicating better between Council and the Planning and Zoning Commission and requested an ordinance that explained tabled and pending as it pertained to items falling off the table. K -2. Council Member Comments Gabriel wished Steams Happy Birthday and congratulated the Peninsula Oilers on how far they advanced in the playoffs. Bookey reported he had come ready to vote on the substitute ordinance. Marquis wished Stearns Happy Birthday and noted with Lowe's closing; Kenai could use the space for a clothing store. Molloy wished Boyle good luck with his treatments and wished Steams Happy Birthday. ExECUTISTE SESSION -- None Scheduled. 65 KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 12 ITEM L: PENDING LEGISLATION ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 10:19 p.m. Minutes submitted by: Corene Hall, CM C, Deputy City Clerk 66 KENAi CITY COUNCIL WORK SESSION ORDINANCE: NO. 2546 -2011 AUGUST 15, 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: Mayor P. Porter, B. Gabriel, R. Molloy, R. Marquis, T. Bookey, J. Moore Council absent: M. Boyle Staff present: C. Hall, R. Koch, K. Stearns, M. Kebschull, N. Carver Mayor Porter opened the work session at approximately 6:00 p,m. It was determined the meeting would not last longer than 2 hours and the public would not have more than 20 minutes to speak. Council Member Moore reported the work session was premature as there had not been a recommendation from the Planning and Zoning Commission, Jeff Twait. Chair of the Planning and Zoning Commission, reported on their last meeting on August 10, 2011, noting the motion to postpone was not intended to kill the resolution and there would be a motion to reconsider at the next meeting so the Commission could postpone to a time certain. Council Member Molloy gave an overview of the ordinance, noting its inten +, was to promote residential neighborhoods and support stable settings for future development. Marcie Menefee, Deputy Director, Alaska Mental Health Trust gave a history of the Mental Health Trust and spoke against the ordinance. Jim Sawhill, Lounsbury Associates spoke against the ordinance and suggested compromises in the Land Use Table. Mayor Porter opened the meeting to public hearing, Joe Montgomery, 535 Worsham, thanked everyone for their work and noted the process was slow. Mark Schrag spoke against the work session being "closed." Janine Espy encouraged the Council to look at each use separately and not "give and take? Colleen Ward noted the Charter outlined the public process and suggested there were two visions for Kenai. There being no one else wishing to speak, the public hearing was closed. 67 KENAI CITY COUNCIL WORK SESSION AUGUST 15, 2011 PAGE 2 General discussion occurred. There being support for postponement, the meeting was adjourned at approximately 7:25 p.m. Notes prepared by: Corene Hall, CMC, Deputy City Clerk 68 KENAI CITY COUNCIL - SPECIAL MEETING AUGUST 18, 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS / / w rw,ci.lcenai.alc.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 6:02 p.m. A -1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A -2. Roll Call There were present: Mayor Pat Porter, Joe Moore, Robert Molloy, Terry Bookey, Brian Gabriel, Ryan Marquis, comprising a quorum of the Council. Absent was: Mike Boyle A -3. Agenda Approval F:XECCUT1VESESSION -- Regarding Matters the Immediate Knowledge of Which could have an Adverse Impact on the Finances of the City and to give direction to Administration: CINGSA -- Mineral Rights, Easements and Pore Space. MOTION: Council Member Molloy MOVED to convene in an Executive Session and requested the City Manager and City Attorney attend. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNAN OUSLY. BREAK: 6:05 P.M. BACK TO ORDER: 7:20 P.M. Council Member Molloy reported the Council met in Executive Session and gave direction to Administration and Outside Council. 69 KENAI CITY COUNCIL SPECIAL MEETING MAY 25, 2011 PAGE 2 ITEM 13: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 7:21 p.m. es submitted by: Corene Hall, CMC, Deputy City Clerk 70 KENAI CITY COUNCIL WORK SESSION AUGUST 29, 2 011 KENAI CITY COUNCIL CHAMBERS 6:00 P.M. REVIEW OF CITY CLE APPLICATIONS CALL TO ORDER: Mayor Porter called the work session to order at 6:00 p.m. ROLL CALL: Council Members Present: Mayor Pat Porter Councilmember Terry Bookey Councilmember Brian Gabriel Councilmember Ryan Marquis Councilmember Bob Molloy Also Present: Linda Murphy, ClerkWorks Alaska Absent: Vice Mayor Mike Boyle Councilmember Joe Moore VIEW OF APPLICATIONS: Mayor Porter asked each counciimember present to give their opinion of the applications received to date. The Council was surprised by the lack of response from municipal clerks and deputies from around the state, Ms, Murphy noted that there may have been a feeling among the members of AAMC that the current deputy clerk was the likely first choice of the Council, and this may have led to a reluctance to apply for the position. It was a consensus of those present to reopen the application period through September 15, 2011, and Ms. Murphy was asked to send an email to the AAMC membership encouraging interested members to submit their resumes for review by the Council. The Council further asked Ms. Murphy to advertise a work session for Friday, September 9, 2011, beginning at 1.:00 p.m., for the purpose of interviewing the top four candidates selected from the resumes received thus far. She was asked to contact the four applicants (Harmony Curtis, Lorene Hall, Toni Prins and Laurie Walters) and set up interviews with therm, with one hour allocated for each. Ms. Murphy stated that she would prepare a set of interview questions as promised in her original proposal and would forward them to the Council by the end of the week. Mr. Molloy asked if it would be appropriate to give each candidate a scenario requiring a written response in order to judge their written communication skills. Ms. Murphy stated that she would present a sample scenario along with the interview questions. Finally, Ms. Murphy was asked to contact the applicants who were not chosen to be interviewed, thanking them for their interest. ADJOURNMENT: The work session as adjourned at 6 :29 p.m. Linda S. Murphy 71 PAYMONTS OVER $15'000.n0 WHICH NEED COUNCIL R4TiF<CAJ|OW COUNCIL MEETINQ OF: SEPTEMBER 7.2V|1 VENDOR DESCRIPTION - _ . ^- /\c _ MOUNT PERS AUGUST PERS VARIOUS LIABILITY 168'071 Vn |CMA45/PLAN |Ch|/\457PLAN \6AR|UV8 LIABILITY 30.231J1 AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 8012511 |NV[ VENDOR DESCRIPTION MATURITY DATE �--~�~~----- �^_=__ � _ ��<nmoo�/ �_r.-�-�_--'E/��//"�� RBC CAPITAL MARKETS US GgV^TSECURiTY 7'27/2016 I809`144.40 1.75% PURCHASE ORDERS OVER $15,000,00 WHICII NEED COUNCIL APPROVAL COUNCIL MEETING OF: SEPTEMBER 7, 2011 VENDOR DESCRIPTION DEPT, Accourrr MOM 1 ALASKA INSTRUMENT WONDERWARE LICENSES WATER, SEWER, VA/1147 SOFTWARE 19,611.00 COURTNEY DRIVE EXTENSION PROPERTY DESIGN PROJECT SEWER REPAA & MAINTENANGE 2164200 ALASKA SURE SEAL TERMINAL SNOW REMOVAL TERMINAL REPAIR & MAIN ILNANCE 25,000 00 KENAI WATERSHED FORUM BEACH SAMPLING, ANALYSIS PARKS PROFESSIONAL SERVICES 33,367.00 00 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.0, # - DEPT, REASON AMOUNT To rm. PO Alin WINCE, CORTHELL, BEYSON AMENDMENT NO. 5 ALASKA ROADBUII DERS CHANGE ORDER NO. 9 ENGINEERING, 88753 -NP IMPROVErviENTS INSPECTION SERV 8,00000 994,705 00 90496 - AIP IMPROVEMENTS C/O NO, 9 80,46 .42 7,634,837.00 Suggested by: City Clerk and City Attorney CP£Y OF KENAI ORDINANCE NO. 2578 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE CITY CLERK AS THE OFFICIAL RESPONSIBLE FOR CODIFICATION OF ORDINANCES ENACTED BY THE CITY COUNCIL AND AUTHORIZING THE CLERK TO MAKE CLERICAL AND /OR TECHNICAL. CHANGES TO THE KENAI MUNICIPAL CODE TO CORRECT ERRORS IN SPELLING, PUNCTUATION AND INCORRECT CITATIONS WHEREAS, the Kenai Municipal Code does not reference the city official responsible for updating the Code by codifying ordinances enacted by the City Couneil; and, WHEREAS, AS 29.20.380(a)(5) designates the municipal clerk as the official. responsible for codification of ordinances; and WHEREAS, occasionally, errors in punctuation, spelling, references to other sections of the Code, state statutes or federal law, etc: are discovered in the Kenai Municipal. Code; and, WHEREAS, correcting such errors is passage of an ordinance; hnica nature and should not require the NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows Section 1. Form; This is a Code ordinance. Section. 2 Amendment of Section 1.15.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 1.15.070, Ordinances— Procedure in Passing, is hereby amended as follows: 1.15.070 Ordinances — Procedure in Passing (al Every ordinance shall be introduced in writing and shall be orally read before any vote for passage thereof is taken: After passage on first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first- such publication shall he at least five (5) days prior to the time advertised for public hearing. (b) At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time be adjourned, all persons interested who v Text Underlined: [DELETED TEXT BRACKETED] 74 Ordinance No. 2578 -2011 Page 2 of 2 appear shall be given an opportunity to be heard. Before the hearing begins, the ordinance shall be read a second time by title or in full. (c) After such hearing, the Council may finally pass such ordinance with or without amendments. The vote on final passage shall be by roll call, and the vote shall be entered in the journal. (d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced. By unanimous consent of all Councilmen present, such ordinances may be read a. second time and then, by the required vote, be passed, on the same day on which they are introduced. All persons present shall be given an opportunity to be heard before the vote on final passage. (e) After final passage, every ordinance shall e published by posting it in full on the Council bulletin board. 1) Emergency ordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect one month after passage and publication unless they specify a later time, or unless they are referred to the voters by referendum, (g) Within a reasonable time after final passage of an ordinance, the City Clerk shall cause it to be recorded and indexed with the other ordinances of the city and shall provide for the codification of Code ordinances as provided in AS 29.20.380(alf5). (h) The City Clerk is authorized to make changes to the Code to correct errors in spelling', „ puic aa ti cn; to other sections of the Code, state :statutes, federal law or other errors that are clearly clerical and/or technical in nature. Such corrections shall be reported in writing to the City Council, the City Attorney, and the City Marla er +rior to sendin* these cha?ies to the Code eu'Wisher, PASSED BY THE COUNCFL OF THE CITY OF KENAI, ALASKA, this day of , 2011. ATTEST: City Clerk PAT PORTER, MAYOR New Text. Underlined; [DELETED TEXT :BRACKETED] 75 Introduced: Adopted: Effective: [hcc,?vci KENALALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2579 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT EQUIPMENT CAPITAL PROJECT FUNDS FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT, PHASE II. WHEREAS, the Airport owns a 1993 Oshkosh Snowblower that is due for replacement; and, WHEREAS, new upgraded equipment will improve the Airport's capability to effectively address snow and ice conditions to ensure safe operations; and WHEREAS, grant funds are available and the City has been awarded a grant totaling $830,892 comprised of 95% FAA S789,347, 2.5% State of Alaska $20,772 and requiring a 2.5% local share of $20,773; and, WHEREAS, local match in the amount of $797 is available from completed airport capital projects and the remaining $19,976 is available in the Airport Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 19;976 Increase Appropriations Transfer to Airport Equipment Capital Project Fund $ 19,976 Airport Equipment Capital Project Fund Increase Estimated. Revenues Federal Grant Revenue $789,347 Transfer from Airport Special Revenue Fund 19,976 State Grant Revenue 20,772 Appropriation of Fund Balance 797 $830,892 Increase Appropriations Administration $ 16,292 Machinery & Equipment 814 >;600 $83.,0,892 New Text Underlined [DELETED TEXT BRACKETED] 76 Ordinance No, 2579 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2011, ATTEST: Corene Hall, Deputy City Cleric Approved by Finance: PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 . Effective: September 21, 2011 New Text Underlined; [DELETED TEXT 13RACISETEDJ 77 Memo it :0 P 105 N. WILLOW ST, SUITE 200 KENAI, ALASKA 99511 TELEPHONE 907-283-7951 FAX 907-283-3T37 c,V1 ll To Rick R. Koch - City Manager c From: Mary Bondurant — Airport Manager Date: August 29, 2011 Subject: FAA Grant Offer— "Snow Removal Equipment (SRE) Phase 2" The FY11 Airport Capital Improvement Program identified the need to replace and upgrade snow removal equipment at the Kenai Airport. A federal grant application for $830,892 was submitted to the FAA on August 16, 2011 for an Oshkosh Carrier Mounted Snow blower and Broom. The City has now received the FAA's grant offer for $789,347 (95°A). The Airport and State of Alaska are each responsible for 2.5% of this project or $20,773 and $20,772 respectively. This purchase will replace an aging snow blower in addition to providing a second broom which is a vital piece of equipment for runway maintenance efforts tackling snow and ice. Cc: Terry Eubank — Finance Director www kenaiairport com. 78 tENp""c,,,// SIU Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2580 -2011 AN ORDINANCE OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S41,000 IN THE GENERAL FUND AND BY 589,965.73 IN THE LIBRARY IMPROVEMENTS CAPITAL PROJECT FUND TO PROVIDE ADDITIONAL FUNDING FOR COMPLETION OF THE LIBRARY EXPANSION PROJECT. WHEREAS, the total cost of the proposed 10,000 square foot expansion and renovation of the existing section of the Kenai Library is projected to be $6,203,377; and, WHEREAS, the City has received an. additional $40,000, bringing the project total to $550,000, from the Friends of Kenai Community Library (The Friends) for the project; and, WHEREAS, to date the City has earned $8,965.73 in interest earnings on unspent project funds; and, WHEREAS, the remaining $41,000 for the project will come from General Fund's Capital Reserve Fund, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Gm iErai Fund Increase Estimate Revenues: Appropriation of Designated Fund Balance Capital Improvernent Reserve Fund $41,000 Increase Appropriations: Transfer to Library Improvements Capital Project Fund $41,000 New Text Underlined; ;DELETED TEXT BRACICETEDJ 79 Ordinance No. 2580-2010 Page 2 of 2 Library Improvements Capital Project Fund Increase Estimated Revenues: Transfer In - General Fund Appropriation of Fund Balance 41,000,00 48,965.73 $89 965.73 Increase Appropriations: Construction $89„965,73 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2011. ATTEST: Lorene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: September 21, 2011 New. Text Underlined; [DELETED TEXT [BRACKETED] 80 KENAI, ALASKA. , � ^ i Past, ` ��. KUkJ � yJ � �� FINANCE DEPARTMENT 210 Fid Avenue, Kenai, Alaska 80611'7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 c. TO Rick Koch, City Manager v FROM: Terry Eubank, F1nance Director DATE: August J1.DO1l SUBJECT: Ordinance 2580-2011 Ktaai tin if This Ordinance is to appropriate appropriate funds to the Kenai Ubrary lmprovements Capital Fund received from donations, interest earnings and general funds necessary to complete the project. The project is near completion and final adjusting change orders are being processed and final purchases being planned Rernaining to be appropriated are interest earnings in the amount of $8,965.73, a $40,000 donation from the Friends of the Kenai Community Library, and an additional $41,000 request from the General Fund's Capital Improvement Reserve Fund. With passage of this ordinance the final pro/etthudget*ii|he $5.203`37873. Funding sources for the project induded: Voter Approved General Obligation Bonds Rasmuson Foundation Grant State ef Alaska Grant Fundirig Friends of the Kenai Community Lihrary Donations ncluding funding from: BP Foundation 8150.080.80 Conoco Phillips 25.00000 Brown Insurance 20.008.80 Jim & Nedra Evenson 10.000.00 First National Bank Aiaska 18,000 80 Central Peninsuia Hospital 18,000.00 The Navarre Family 18.000.00 Cliff & Kathy Heus 5,000 00 Other 310.000 00 City Unreserved Fund Balance City Capital lmprovernent Reserve Fund VV8|coart Interest Earnings Other %2,000.000.80 1.500.880.08 1,750`000.00 550,000.00 40,000.00 341,000,00 5,500.00 13,96573 2l)11 00 Total It should be noted that utilization of Capital Improvemen Reserve Funds will require at least five affirmative votes for passage. K AI ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2581 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS FOR STATE OF ALASKA MUNICIPAL REVENUE SHARING RECEIVED IN EXCESS OF BUDGETED AMOUNTS, WHEREAS, SB97 increased the FY12 Municipal Revenue Sharing appropriation by the Alaska Legislature by $20 million and resulted in an increase in the City's share of $149,089 for a total FY12 City share of$595,563; and, WHEREAS, additional funds in the amount of $62,600 for increasing the staffing of the Parks, Recreation, and Beautification Departments by a combined total of one full time Parks and Grounds Maintenance Assistant ; and, WHEREAS, additional funds are needed for legal fees associated with personnel and lands issues in the amount of $54,500; and, WHEREAS, the anticipated increase in janitorial services cost for the library, due to a change in providers, is more than originally budgeted resulting in the need for an additional $17,600 to complete FY12; and, WHEREAS, an additional $17,470 is needed for the City's ongoing comprehensive plan project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Estimated revenues and appropriations be increased as follows: General. Fund Increase Estimated Revenues: State Grant - Municipal Revenue Sharing State Grant - PERS On- behalf Relief Increase Appropriations: City Manager Professional Services $149,089 3 081 $1_52.170 $ 54,500 Library Repair E-, Maintenance 17,600 New Text Underlined, DELETED TEXT DI 82 Ordinance No. 2581 -2011 Page 2 of 3 Non - Departmental: Transfer to Other Funds 17,470 PERS 3,081 20,551 Parks: Salaries 8,420 Overtime 500 Leave 130 Medicare 131 PERS 1,962 Unemployment 45 Workers Compensation 421 Health & Life Insurance 3,074 Supplemental Retirement 362 15,045 Recreation: Salaries 8,420 Overtime 500 Leave 130 Medicare 131 PERS 1,962 Unemployment 45 Workers Compensation 421 Health & Life Insurance 3,074 Supplemental Retirement 362 15,045 Beautification: Salaries 16,841 Overtime 500 Leave 259 Medicare 255 PERS 3,815 Unemployment 88 Workers Compensation 819 Health & Life Insurance 6,148 Supplemental Retirement 704 29.429 $152,170 lnderlined; [DELETED TEXT BRACKETED] 83 Ordinance No. 2581-2011 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September; 2011. ATTEST: Corene Hall, Deputy City Clerk 1 Approved by Finance: PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: September 21, 2011 New Text Underlined; [DELETED TEXT BRACKETED] 84 thoaryoj.. FIE NA� SKA Sponsored by: Council Member Moore CITY OF KENAI ORDINANCE NO. 2582 -2 011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE CHAPTER 7.05, "TAXATION OF REAL AND PERSONAL PROPERTY," ADDING A NEW SUB- SECTION 7.05.090, "PERSONAL PROPERTY TAX - ASSESSMENTS - WATERCRAFT," AND AMENDING SUB SECTION 7.05.010, "PROPERTY SUBJECT TO TAXATION" TO PROVIDE FOR EXEMPTION FROM TAXATION ALL WATERCRAFT WITH AN OVERALL LENGTH OF LESS THAN TWENTY (20) FEET. WHEREAS, the City of Kenai currently imposes an ad valorem personal property tax on all watercraft within the City of Kenai; and, WHEREAS, Kenai Peninsula Borough (KPB) Code 5.12.150 schedule for the taxation of watercraft based upon the over and, ablishes a flat tax ength of the watercraft; WHEREAS, the Borough's current Watercraft Flat Tax Schedule calls fora flat tax of $0.00 for watercraft with an overall length of less than twenty feet; and, WHEREAS, the difference in the taxes assessed between the Borough and City has led to frustration and confusion of tax payers; and, WHEREAS, a City exemption for watercraft with overall length less than twenty -feet, like the KPB taxing policy, would result in no tax due to the City on the watercraft, thereby reducing confusion and frustration expressed by City taxpayers; and, WHEREAS, AS 29.45 -050 (b)(2) authorizes a municipality to classify as to type and exempt or partially exempt some or all types of personal property from ad valorem taxes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1, Form:: This is a Code ordinance Section 2. Amendment of Section 7.05.010 (a) of the Kenai Municipal Code: The Kenai Municipal Code, Section 7.05.010(a), Property Subject to Taxation, is hereby amended as follows: (a) All real and personal property not expressly exempt by shall be subject to annual taxation at its full and true value based upon the actual value of the property assessed. This shall not apply to property subject to a flat tax and /or exempted from the ad valorem tax in this chapter. New Text: Underlined [DELETED TEXT BRACKETED] 85 Ordinance No. 2582 -2011 Page 2 of 3 (b) The rate of levy of tax shall be fixed by resolution of the City Council, but the aggregate thereof shall not exceed three percent (3 %) of the assessed value of the property assessed. (c) In addition to exemptions presently authorized by the Kenai Peninsula Borough, the inventory of a business held for resale in the normal course of that business is hereby classified as personal property exempt from taxation for the City of Kenai. Section. 3. Amendment of Chapter 7.05 of the Kenai Municipal Code: The Kenai Municipal Code, Section 7.O5, Taxation of Real and Personal Property, is hereby amended as by adding a new subsection 7.05.050, Personal property tax - Assessments - Watercraft, to read as follows: 7.05.090 Personal property tax - Assessments Watercraft. (al For purposes of taxation, watercraft for which the United States Coast Guard certificate of number, or U.S. or foreign documentation, or State of Alaska Department of Motor Vehicles boat registration, or a State of Alaska Department of Fish and Game number has been issued, or other form of maritime licensing have been issued by January 1 of the tax year shall be subject to ad valorem taxes of the City. This shall not a..1 to an class cif watercraft exempted from the ad valorem tax in this chapter. (b) For sur- oses of taxation, the City ado.ts ine follow n classification schedule for watercraft based upon the overall length of the watercraft: Class 1 2 3 4 5 6 7 Overall Length Less th 15 to less than 20 feet 20 to less than 25feet 25 to less than 36feet 36 to less than 60feet 60 to less than 100feet 100 or more feet in length (c) For purposes of taxation Class 1 and 2 watercraft are hereby classified as personal property except from taxation for the City of Kenai, section 4. Severability: If any part or provision of this ordinance or application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Neu Text UaderIined; [DELETED TEXT BR. CKDTED 86 Ordinance No. 2582-2011 Page 3 of 3 Section 5. Effective Date: Pursuant to KMC 1.15_070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: / , i PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: October 21, 2011 ext Undertiv:ed; ;DELETED TEXT ERACKETE7J 87 (hrd/y KENAI ALAS Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2583-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $600 IN THE GENERAL FUND FOR A DONATION PROVIDED TO THE CITY FOR THE PURCHASE OF DISC GOLF EQUIPMENT. WHEREAS, the Kenai Parks & Recreation Department received a $600 donation in August 2011 from the Kenai Eagle Disc Golf Association; and, WHEREAS, it is the desire of the Kenai Eagle Disc Golf Association that the donated funds be appropriated so that equipment may be purchased and installed at the Kenai Eagle Disc Golf Course; and, WHEREAS, the Parks & Recreation Department recommends reconimends these funds be used to help off-set the purchase of tee pads for the course. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Donations $600 Increase Appropriations: Parks - Operating and Repair Supplies $600 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21' day of September, 2011. ATTEST: Lorene Hail, Deputy City Clerk Approved by Finance: 7-- PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: September 21, 2011 New Tcxt Underlined [DELETED TEX1' srtAcKETEuf 88 Wage with a Past, Ct with a F tune MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535- / FAX: 907 - 283 -3014 TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: August 29, 2011 SUBJECT: Request Ordinance Appropriating Donated Funds — Ordinance No. 2583 -2011 The purpose of this correspondence is to recommend Council approve an ordinance appropriating funds in the amount of $600. The Kenai Parks & Recreation Department received these funds from the Kenai Eagle Disc Golf Association as a result of various tournaments sponsored by the association. In consultation with the Kenai Eagle Disc Golf Association, it has been determined that it is in the best interest of both entities that the funds be used to purchase tee pads for several fairways. I respectively request an ordinance appropriating these funds to the General Fund /Parks Operating and Repair Supplies Account to help pay for tee pads for use at the Kenai Eagle Disc Golf Course. 89 " V w illage with a aFuture MEMO: 71(lFid8|gO Avenue, Kenai, Alaska 9g611-7794 Telephone: 4O7-283-7535/ FAX: q07-283'3014 � Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the Gily Manag DATE: August 30, 2011 SUBJECT: Utility Easement to Homer Eectric Association, Inc. Homer Electric Association, Inc. (HEA) bas requested thattached Utili Easement p of land ten (10) feet n width for the purpose of installing and maintaining underground electrical lines to provide electrical service to City-owned property that is the location of a drill pad and well t \dh B constructed by uccaneerf\|aSk@,LLC(Bucuaneedpurouantt0aSpacia1UsePmrnoitgran\adby the City. The property is Airport Landk>catedoutoidaufUleAjrpmkReserve,PuouaVt1oKk4C21.15,O1U (c), the City may dispose of real property by easement provided that any instrument requiring execution by the City shall be signed by the Gity Manager and attested by the C!ty Clerk, The form of any instrument shall be approved by the City Attorney. The attached Utility Easement has been approved by the Cfty Attorney as to form. The easement is non-exclusive and exists in what may be a future City right-of-way. The City's Code, under KMC 2115010(b), requires that CouncU declare that the sub3ect lands are not needed for a public purpose. This d claration does not prevent th City from rights as the land owner for other public purposes except for those few limitations stated in the easement. If the Council wishes to declare that the parcel is not needed for a public purpose, it could use anguage which might read as fo!Iows: /move that the easement area Jocated within the area described in the Utility Horner Electric Association, /ncfsnot needed for Jmuqmoseand ao�/'~ the City Manager to grant the easement on beha!f of the City. cc: Homer Electric Association, Inc. UTILITY EASEMENT Grantor, CITY OF KENAI, an Alaskan home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611, for good and valuable consideration of the sum of $10.00 in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to Grantee H0MER ELECTRIC ASSOCIATION, INC., with an address of 280 Airport Way, Kenai, AK 99611, and its successors and assigns, a non - exclusive utility easement to construct, reconstruct- lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, electric transmission lines, wires, cables, and other necessary appurtenances for the transmission and distribution of electric current, under lands which the Grantor owns or in which the Grantor has an interest, and to construct, reconstruct, maintain, operate, inspect, alter, repair, upgrade and replace an above - ground transformer upon those same lands, all situated within the City of Kenai, Kenai Recording District, Third Judicial District as follows: A strip of land ten (10) feet in width within A PORTION OF THE NW l/ SECTION 33, Township 6 North, Range 11 West, Seward Meridian, Alaska EXCLUDING BARON PARK SUBDIVISION FIRE ADDITION (KN 97 -51); all within Kenai Recording District, the City of Kenai and Kenai Peninsula Borough and more particularly described; Commencing at the west' '4 corner of said section 33, thence N 36`02'37 "E 1073.06 to the point of intersection with the easterly right of way line of Marathon Road 100' R/W begin Easement Corner 1, the Point of Beginning of this description; THENCE N 06'17'15"E90.88' along easterly right of way line of Marathon Road 100' R/W to Easement Corner 2; THENCE N 88 °21'37 E 10,10' across City of Kenai land to Easement Corner 3; THENCE S 06'17'15" 80.78' along line parallel and 10 foot offset easterly UTILITY EASEMENT Page 1 of 4 91 of the right of way line of Marathon Road 100' R/W to Easement Comer 4; Thence N 88 °21 '37 "E 332:42' across City of Kenai land to the point of intersection with the westerly boundary of the Buccaneer Alaska Operations, LLC Special Use Permit being Easement Corner 5; Thence S 01 °38'23 "E10.00' along the westerly boundary of the Buccaneer Alaska Operations, LLC Special Use Permit to Easement Corner 6; Thence S 88°21'377W 343.91' across City of Kenai land to the point of section with the easterly of the right of way line of Marathon Road 100' to Easement Corner 1., the True Point of Beginning thus embracing an Area 4,240 sq. 11. or 0.097 Ac, easement area is shown on the map attached hereto and narked as Exhibit A. If is any conflict between the above description of the easement and Exhibit A; the above description of the casement shall govern. This casement is given to the Grantee; its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement. If Grantee's use of this easement ceases, and the cessation of that use is for a continuous period of twelve (12) months, this easement shall automatically terminate. Upon termination Grantee shall remove or abandon in place, at Grantor's sole discretion, all lines, wires, cables and other appurtenances installed in the easement area. Grantee hereby agrees to repair all damage to lawns, trees, fences, driveways, sidewalks, roads, and any and all other improvements which may exist now or in the future, which damage which may arise from the construction, maintenance, repair, replacement, or operation of any improvements of the Grantee. In the, event the Grantee must work or excavate in the area of the easement, after construction of improvements permitted by this easement, then Grantee, at its own expense, shall promptly upon completion of its work, repair and /or replace the improvements disturbed in a neat, professional manner compatible with the adjacent, undisturbed improvements and similar to the condition, of the improvements prior to their disturbance by Grantee. Grantee must provide Grantor ten (10) days' advance written notice of Grantee's intent to enter the easernent area unless otherwise agreed by Grantor. Any entity to whom Grantee is legally or contractually obligated to allow the use of Grantee's easements is permitted the right of ingress and egress for Grantee's utility purposes as stated herein, subject to the same notification requirements as Grantor. The Grantor is to filly use and enjoy said premises except °for the purposes herein granted UTILITY EASEMENT Page 2 of 4 92 to the Grantee. Grantor warrants and covenants that Grantor is the owner of the above - described land and that GTantee shall have quiet and peaceful use of the easement subject to the uses and conditions herein, DATED this day of September, 2011. GRANTOR: CITY OF KENAI By: Rick Koch Its City Manager STATE OF ALASKA THIRD JUDICIAI. DISTRICT The foregoing instrument was acknowledged before me this day of September, 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for the State of Alaska. My Commission Expires: ATTEST: Corene Hall; Deputy City Clerk SEAL: APPROVED AS IO FORM TY EASEMENT Page 3 of 4 93 Kri:ta S. Stearns, City Attorney AFTER RECORDING RETURN TO: Homer Electric Association, Inc. 280 Airport Way Kenai, AK 99611 L:AEasements\HEA.easement marathon.0&3011 UTILITY EASEMENT Page 4 of 4 94 CITY OF KENAI UNSUBDIVIDED PORTION OF SEC 33 T6N R11W 24' 'MME ACCESS ROAD N 68 °21'37" E 332.42 i00 88"21'3T' W T 343.91' 0, LC) to 7 I 10' HEA UNDERGROUND U1 / I ELECTRICAL EASEMENT 4,240 SF TRACT A -1 -A KN- 0970051 BUCCANEER m KENAI LOOP #1 PAD DRILLING PAD ENAI LOOP #1 0 SCALE HOMER ELECTRIC ASSOCIATION, INC. 'A rR NW 1/4 SECTION 33 T6N R11W SM AK EXCLUDING KN 97 -51, 2001 -56, 2007 -8 ALL: 0, 1 \MCIANE J0,s — 2011 \3000 HL; 49. 27969~ 04YYRUCT3 SURDS A A 27 ^D 6I RAPING S \ll3O63. DWG HT.A Utility Easel 96 � KENAly ALASKA Villaye ^ with a Past, fit n MEMO: 210 Fida|o0Av8nU8, Kenai, Alaska 99011-7794 Telephone: 9O/'2OJ`75X5/FAX:887-283-3014 TO: City Council FROM: Rick Koch DATE: September 1, 2011 SUBJECT: Agenda Item G-9, Action/Approval Utility Easement to Homer Electric Association The purpose of this correspondence is to recommend approval of the above referenced ordinance to Homer Electric Association. The easement is non-exclusive and will provide three- phase power to the Buccaneer Alaska Operations, LLC exploration and production pad. Power to the future Kenai Industrial Park may also be supplied, in part, from this utility extension. Thank you for your attention in this matter. �7 �. N pre o KENAI, ALASKA Past, Future" � P�tla��/th��t, C & with a " v ?1DFkj8|g8 Avenue, Kenai, Alaska 49611-77g4 Telephone: 907`7D3-7535/FAX: 907'783-3014 MEMO: ' TO Rick Koch, Gty Manager FROM: Christine Cunningham, As&stant to the City Manager DATE: August 30, 2011 SUBJECT: Utility Easements to Alaska Communications Systems, Inc. Alaska Communicat[ons Systems, inc. (ACS) has requested the attached Utitity Easemerits for two ten (10) foot wide easements on two separate parcels of City-owned land for the purpose of installirtg an underground copper and fiber optic cables, The properties are Airport Land located inside the Airport Reserve. Pursuant to KMC 22.05.015, the City may dispose of real property by easement provided that any instrument requiring execution by the City shal( be sgned by Ihe CJty Manager and attested by the City Clerk. The form of any instrument shall be approved by the City Attorney. The attached Utility Easements have been approved by the City Attorney as to form. The City's Code, under Kmc 22.05.010, requires that Council declare that the subject lands are not needed for a pubtic purpose, This deciaration dues not prevent the City from exercising ts full rights as the and owner for other pubiic purposes except for those few Iimitations stated n the easement. If the Council wishes to declare that the parcei is not needed for a public purpose, it could use Ianguage which might read as foliows: / move that the easement areas located within the areas described in the Utility Easements tv/^/"snux~w'u//'vo/wq/ons Systems, Inc. are ncjt needed for a pub!ic purpose and authorize the Gity Manager to grant the easements on behalf of the City. cc: Alaska Communications Systems, Inc. UTILITY EASEMENT Grantor, CITY OF KENAI, an Alaskan home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611, for good and valuable consideration of the sum of $10.00 in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to Grantee ALASKA COMMUNICATIONS SYSTEMS INC., with an address of 151 Warehouse Dr. Soldotna, AK 99669, and its successors and assigns, a non - exclusive utility easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, telecommunication transmission lines, wires, cables, and other necessary appurtenances for the transmission and distribution of communication services, under lands which the Grantor owns or in which the Grantor has an interest, all situated within the City of Kenai, Kenai Recording District, Third Judicial District as follows: A strip of land ten (10) feet in width for the purpose of installing an underground copper and fiber optic cables situated within T 6N R 11 W SEC 32 SEWARD MERIDIAN KN ALL OF SEC 32 EXCLUDING SUBS & LEASED AREAS & KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN REPEAT, and more particularly described as follows from the Point of Beginning: Commencing at the North East property comer adjoining KPB Parcel 04501029 and commencing from that point mostly South West +- 1270 feet thence to the North West property corner of FBO SUB NO 6 LOT 3 PARCEL ID:: 04336036 where it adjoins an existing 10' Public Utility Easement on that lot. This easement area is shown on the map attached hereto and marked as Exhibit: A. If there is any conflict between the above description of the easement and Exhibit A, the above description of the easement shall govern. This easement is given to the Grantee, its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement. Grantee hereby agrees to repair all damage to lawns, trees, fences, driveways, sidewalks, roads, and any and all other improvements which may exist now or in The future, which darnage which may arise from the construction, maintenance, repair, replacement, or operation of any improvements of the Grantee. In the event the Grantee must work or excavate in the area of the easement after construction of improvements permitted by this easement, then Grantee, at its own expense, shall promptly upon completion of its work, repair and /or replace the UTILITY EASEMENT Page 1 99 improvements disturbed n7 a neat, professional manner compatible with the adjacent, undisturbed improvements and similar to the condition of the improvements prior to their disturbance by Grantee. Grantee must provide Grantor ten (10) days' advance written notice of Grantee's intent to enter the easement area unless otherwise agreed by Grantor. Any entity to whom Grantee is legally or contractually obligated to allow the use of Grantee's easements is permitted the right of ingress and egress for Grantee's utility purposes as stated herein, subject to the same notification requirements as Grantor. The Grantor is to fully use and enjoy said premises except for the purposes herein granted to the Grantee. Grantor warrants and covenants that Grantor is the owner of the above- described land and that Grantee shall have quiet and peaceful use of the easement subject to the uses and conditions herein. DATED this STATE OF ALASKA day of , 2011. THIRD :1 DICIAL DISTRICT GRANTOR: CITY OF KENAI By Rick Koch. Its: City Manager The foregoing instrument was acknowledged before me this day of , 2011, by Rick Koch, City Manager for the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for the State of Alaska My Commission Expires: UTILITY EASEMENT PAGE 2 of 3 100 ATTESTED: Corene Fall, Deputy City Clerk SEAL: APPRO 'ED AS TO FORM: Krista S. Stearns, City Attorney After Recording Return tea ACS Communication 150 Warehouse Dr. Soldotna, AK 99669 Attn:Network Engineering R?W UTIS.ITY EASEMENT PAGE 3 of 3 101 EXHIBIT "A" EASEMENT MAP FOR CITY OF KENAI PARCEL# 04318044 KENAI AIRPORT 32 33 PROPOS PUBLIC UTIL I J Y to PARCEL ID:: 34318D44 PHYSICAL_ASDRESSE5: 305 N WILLOW ST LEGAL.: T 6N R:11WSEC 32 SEWARD MERIDIAN KN ALL. OF SEC 32 EXCLUDING SU65 6 LEASED AREAS & KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN REPLAT ACREAGE:. 330 OWNER:: KENAI. CITY OF ATTENTION., ADDRESS:: 210 FIDALGO. AVE 5.TE:200 CITYSTATEZIP :: KENAI, AK 99611 START 10' PUBLIC UT3LI Y EASEMENT / EXISTING NT 'N.‘" LIBLIC UTILVrY EASEMENTS F.13:0.: SUBS NO, 102 29 28 EXHIBIT "A” EASEMENT MAP FOR CITY OF KENAI PARCEL# 04318044 KENAI AIRPORT FUTURE DEDICATED N WILLOW ST. 100' RIGHT OF WAY / / / 100 / / 0' 32 3 PROPOSED 10' UTILITY EASEMENT ' / / / PARCEL ID:: 04318044 PHYSICAL_ADDRES5ES: 305 N WILLOW ST / LEGAL:: T 6N R 11W SEC 32 SEWARD / MERIDIAN KN ALL OF SEC 32 EXCLUDING RIGHT OF WAY e/ / SUBS & LEASED AREAS & KENAI MUNICIPAL N WILLOW ST. 00' AIRPORT FLOAT PLANE BASIN REPLAT ACREAGE:: 330 OWNER:: KENAI CITY OF / A I I tNTION:: ADDRESS:: 210 FIDALGO AVE STE 200 / CITYSTATEZIP:: KENAI, AK 99611 • / START I0' UTILITY EASEMENT • T0' PUE / EXISTING 10' „,, i /PUBLIC UTILITY EASEME / F.8.0. SUED. NO. 6 FUTURE DEDICATED 103 10: tla e with a Past, bit, with a Ftctisre 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephoner 907 -283 -7535 / FAX: 907 -283 -3014 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to DATE: August 30, 2011 SUBJECT: Utility Easements to Alaska Communications Systems, Inc. Alaska Communications Systems, Inc. (ACS) has requested the attached Utility Easements for two ten (10) foot wide easements on two separate parcels of City- owned land for the purpose of installing an underground copper and fiber optic cables. e Citt Ln e 1992 The properties are Airport Land located inside the Airport Reserve. Pursuant to KMC 22.05.015, the City may dispose of real property by easement provided that any instrument requiring execution by the City shall be signed by the City Manager and attested by the City Clerk. The form of any instrument shall be approved by the City Attorney. The attached Utility Easements have been approved by the City Attorney as to form. The City's Code, under KMC 22.05.010, requires that Council declare that the subject lands are not needed for a public purpose. This declaration does not prevent the City from exercising its full rights as the land owner for other public purposes except for those few limitations stated in the easement. If the Council wishes to declare that the parcel is not needed for a public purpose, it could use language which might read as foliows: / move that the easement areas located within the areas described in the Utility Easements to Alaska Communications Systems, inc. are not needed for a public purpose and authorize the City Manager to grant the easements on behalf of the City. cc: Alaska Communications Systems, Inc. 104 UTILITY EASEMENT Grantor, CITY OF KENAI, an Alaskan home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611, for good and valuable consideration of the sum of 510.00 in hand paid, receipt of which is hereby aclatowledged, does hereby grant, convey, and warrant to Grantee ALASKA COMMUNICATIONS SYSTEMS INC., with an address of 151 Warehouse Dr. Soldotna, AK 99669, and its successors and assigns, a non - exclusive utility easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, telecommunication transmission lines, wires, cables, and other necessary appurtenances for the transmission and distribution of communication services, under lands which the Grantor owns or in which the Grantor has an interest, all situated the City of Kenai, Kenai Recording District, Third Judicial District as follows: A strip of land ten (10) feet in width for the purpose of installing an underground copper and fiber optic cables situated within T 6N R 11W SEC 33 SEWARD MERIDIAN KN W1 /2 LYING NORTH OF KENAI SPUR HWY EXCLUDING BARON PARK SUBS NO 7 & NO 12, and more particularly described as follows from the Point of Beginning: Commencing at the North East property corner adjoining Marathon Road Right of Way, thence mostly West H-- 650' hoarding the Southern Right of Way of North Willow St. Right of Way to the North West property corner shared with KPB Parcel 04318044. This casement area is shown on the map attached hereto and marked as Exhibit A. If there is any conflict between the above description of the easement and Exhibit A, the above description of the easement shall govern. This easement is given to the Grantee, its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement. Grantee hereby agrees to repair all damage to lawns, trees, fences, driveways, side walks, roads, and any and all other improvements which may exist now or in the future, which damage which may arise from the construction, maintenance, repair, replacement, or operation of any improvements of the Grantee. In the event the Grantee must work or excavate in the area of the easement after construction of improvements permitted by this easement, then Grantee, at its own expense, shall promptly upon completion of its work, repair and /or replace the UTILITY EASEMENT Page 1 105 own expense, shall promptly upon completion of its work, repair and /or replace the improvements disturbed in a, neat, professional manner compatible with the adjacent, undisturbed improvements and similar to the condition of the improvenients prior to their disturbance by Grantee. Grantee must provide Grantor ten (10) days' advance written notice of Grantee's intent to enter the easement area unless otherwise agreed by Grantor. Any entity to whom Grantee is legally or contractually obligated to allow the use of Grantee's easements is permitted the right of ingress and egress for Grantee's utility purposes as stated herein, subject to the same notification requirements as Grantor. The Grantor is to fully use and enjoy said premises except for the purposes herein granted to he Grantee. Grantor warrants and covenants that Grantor is the owner of the above- described and and that Grantee shall have quiet and peaceful use of the easement subject to the uses and conditions herein. DATED this day of . 2011. STATE OF ALASKA THIRD JUDICIAL DIS'T'RICT ) ss. ) GRANTOR: CITY OF KENAI By Rick Koch Its: City Manager The foregoing instrument was acknowledged before me this day of Rick Koch, City Manager for the City of Kenai. an Alaska municipal corpora the City. , 2011, by on behalf of Notary Public for the Stat My Commission Expires: of Alaska UTJI:ITY EASEMENT PAGE 2 106 AT: STED: Corene Hall. Deputy City Clerk SEAL: APPROVED AS TO FORM: Krista S. Stearns, City Attorney After Recording Rat, o. ACS Communication 150 Warehouse Dr. Soldotna, AK 99669 Attn.: Network Engineering —R/Vv' UTILITY EASEMENT PAGE 3 107 29 32 28 START 10' PUBLIC UTILITY EASEMENT PROPOSED 19' PUBLIC UTILITY EASEMENT PARCEL ID:: 04501029 PHYSICAL_ADDRESSES: 700 MARATHON RD LEGAL:' T 6N R 11W SEC 33 SEVVARD MERIDIAN KN W1/2 LYING NORTH OF KENAI SPUR HWY EXCLUDING BARON PARK SUBS NO 7 & NO 12 ACREAGE:: 139.2 OWNER: KENAI CITY OF ATTENTION:: ADDRESS:: 210 FIDALGO AVE STE 200 CITYSTATEZIP;: KENAI, AK 99611 EXHIBIT "A" EASEMENT MAP FOR CITY OF KENAI PARCEL# 04501029 108 10 PPE (2010) 29 32 28 3 FUTURE DEDICATED N WILLOW ST. 100' RIGHT OF WAY RO' 10' PROPOSED 10' UTILITY EASEMENT START 1 0' UTILITY EASEMENT PARCEL ID:: 04501029 PHYSICAL_ADDRESSES: 700 MARATHON RD LEGAL:: T 6N R 11W SEC 33 SEWARD MERIDIAN KN Wl /2 LYING NORTH OF KENAI SPUR HWY EXCLUDING BARON PARK SUBS NO 7 & NO 12 ACREAGE:: 139.2 OWNER:: KENAI an OF ATTENTION:: ADDRESS:: 210 FIDALGO AVE STE 200 CITYSTATEZIP:: KENAI, AK 99611 EXHIBIT "A" EASEMENT MAP FOR CITY OF KENAI PARCEL# 04501029 111 0 109 KEi1A1, ALASKA MEMO: e with a Past, C��^ with /y 210 Fkd3lgU Avenue, Kenai, Alaska 99811'7794 Telephone: 9O7-2B3'7536/ FAX: Q07-283'3014 TO: City Council FROM Rick Koch DATE: September 1.2011 SUBJECT: Agenda Item G-12, Investrnent Grade Audit and Energy Performance Contract with Siemens Industry, Inc. The purpose of this correspondence is to recommend approval ofthe above referenced contract with Siemens Industry, Inc., for an investment grade audit of City-Owned facilities. This program is designed to provide State of Alaska revolving loan funding to construct energy saving upgrades, improving the energy efficiency of public bulidings, with guaranteed savings in energy costs w ich will repay the revolving loan fund, If the investment grade audit identifies sufflcient energy cost savings to repay the loan for capital improvements and the City elects not to move forward to construction, the maximum exposure to the City is $23,898. Ifthe savings cannot be guaranteed by the Energy Performance Contractor, or the Gity moves forward with a project to construct the energy improvements, there is no financ?aI exposure to the City. Tharik you for your attention in this matter. 110 LzL. KENAh ALAS August 29,ZD11 Siemens Industry, |nc Myi*�n0TerhnWo Division Enorpy& Environmental Solutions Attention. Amber y@. McDwnnugh`P.E 5333 Fairbanks Street, Suite B Anchorage, AK 99518 ^ Ki/a�e wI��a �� ~/ Past, �/ ''' ^ ''-''' e 210 ridRi8o Avenue, Kenai, Alaska 99611.7794 Telephone: (907) 7R3-75q5/ FAX: /U07\78q.1O'/i VYVY �� 0LC|^.8D�|�G^.us Re. Letter of Intent and Approval to Proceed with Investment Grade Audit Dear Mrs McDonough: The City of Kenai ("City"), intends to contract with the Building Technologies Division of Siemens Industry, Inc, ("Siemens") for the implementation of a performance contracting program to improve the system infrastructure and the operational efficiencies of its facilities ("Program"), The Program will be comprised of a variety of facility improvement, energy conservation, and/or water conservation measures, to be assessed through an investment grade audit ("Audit"). The Audit will eva]uate the foflowing sysiems: ~ Heating, Ventilation and Air Conditioning ^ Lighting ^ Lighting Controls o Building Envelope « Building Automation o Street Lighting o Water and Waste-water Treatment Plants ~ At the following lccations 89 applicable: + 1) City Hal %1UFba|gu,2) Public Safety '105'1U/S.YW|Mw.3) Recreation Center 227 Caviar St, 4) Airport Terminal - 305 N. Willow, 5) Senior Center '361 Senior [Y.§)Senior Housing - 381 Senior Ct, 7) Sewer Treatrnent Plant - 600 S. Spruce St, and 8) FAA Building - Flight Service Station - 470 North Willow Street While preparing the Audit,nikerefficiono improvement opportunities may be fou measures may be added, modified, delayed, or deleted from the Program, as agreed between the parties The objectives of the Program to be assessed in the Audit are as foflows: ° Potential efl9ciency improvements/measures • Opportunities tn reduce operating, maintenance, and utiii(ycosts • Opportunities to reptace or upgrade existing equipment ° Opportunities to improve faciflty inftastructure • Develop a Prograrn that cash flows within fifteen (15) years using savings from existing budgets (energy, O&M, capital replacement) Program will be developed with the intent that it can be used to help the City seek AHFC Retrofit Energy Assessment for Loans (REALs) funding, if desired ux 1 111 » The City and Siemens will cooperate to finalize the technical, legal and financial components of the Program, and the City will pursue financing for the Program, possibly with assistance from Siemens. The City also will prioritize the measures to be implemented, and Siemens will use the results of the Audit as the basis for a draft Performance Contrtacting Agreement ( "Agreement'). If Siemens is unable to produce an Agreement that meets the above objectives, then it shall receive no payment for its efforts to develop the Program. However, if Siemens provides an Agreement which meets the objectives defined above, and the parties execute the Agreement, then the costs associated with the Audit can be incorporated into the price of the Agreement. However, if the City does not execute an Agreement with Siemens within thirty (30) days of receipt, then the City agrees to pay Siemens $23,899 (twenty -three thousand, eight hundred and ninety -nine dollars and no cents) within thirty (30) days of invoice. for the Audit. Services described above. On behalf of the City, this Letter of Intent is approved as ofthe date above. Sincerely, Signed Print Title LOI -2 112 Acknowledged and agreed for Siemens:. Signed Print Title KENAlcALASKA Village with a Past, CI ith a Fatareil MEMO. 210 Fide lgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 TO: City Council 11/1 FROM: Rick Koch DATE: September 1, 2011 SUBJECT: Agenda Item G-13, Second Amendment to Rental Agreement between the City of Kenai and Homer Electric Association, Inc. The purpose of this correspondence is to recommend approval of the above referenced amendment to the rental agreement with Homer Electric Association, Inc. (HEA) for the rental of approximately 3,800 square feet of office space located on the second floor of the Fire Training Facility. I am unaware of any competing interests for this office space. Thank you for your attention in this matter. 1111' 1992 SECOND AMENDMENT TO RENTAL AGREEMENT The Rental Agreement between the City of Kenai ("City ") and Homer Electric Association, Inc. ( "HEA ") dated September 18, 2006, for office space in the Alaska Fire Training Center at 450 Marathon Road, Kenai, AK 99611, and first amended on March 31, 2009, is hereby amended for the second tit as follows: 1. Term: The term of the Rental Agreement is extended until September 1, 2012; provided, however, that after August 31, 2012, HEA shall have the right to terminate this Rental Agreement upon not less than 30 days' written notice, delivered in accordance with Section 27 of the Rental Agreement. 2. Rent: Effective October 1, 2011, the rental rate shall be $5,337.29 per month based on a rate of $1.40 per square foot for 3,812.35 square feet. 3. Monthly Electric Fee: Effective October 1, 2011, in addition to the monthly rent, HEA shall pay a monthly electrical, utility fee of $0.21 per square foot for 3,872.35 square feet, The rate shall he $0.21 times 3,812.35 for a total of $800.59 (0.21 x 3,81.2.35 = $800.59). Second Amendment to Rental Agreement Page i of 3 114 4. Monthly Natural Gas Fee: Effective October 1, 2011, in addition to the monthly rent, IIEA shall pay a monthly natural gas fee of 50.12 per square foot for 3,812.35 square feet. The rate shall be $0.12 tinges 3,81235 for a total of $457.48 (0.12 x 3,812.35 = $457.48). 5. Except as the above paragraphs of the Rental Agreement and first Amendment to Rental Agreement are expressly modified or stated herein, all other terms and conditions of the Rental Agreement remain in full force and effect. CITY OF KENAI By: Rick R. Koch City Manager HOMER ELECTRIC ASSOCIATION, INC. By: Its: Approved as to fore Krista S. Steams, City Attorney Second Amendment to Rental Agreement Page 2 of 3 115 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2011, . the foregoing instrument was acknowledged before me by RICK R. KOCH, City Manager of the City of Kenai, Alaska, an Alaska hone rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) TO CERTIFY that on this day of , 2011, the foregoing acknowledged before me by of Homer Electric Association, Inc., an Alaska corporation, on behalf of the corporation. instrument was Notary Public for Alaska My' Comm ission Expires: Second Amendment to Rental Agreement Page 3 of 3 116 pre KENN ALASKA "V///aye with a Past City with a Fait/yen 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535! FAX: (907) 283-3014 www.ci.kenai.akus teroffice Memorandum To: Mayor Porter, Council Members From Corey Hall, Deputy City Clerk (1 A C Date: August 29, 2011 Re: Approval of Election Workers Pursuant to KMC 6.05.040, the Council is required to approve the election workers for the upcoming October 4, 2011 election. Attached is a list of election workers sent by to this office by the Kenai Peninsula Borough Clerk. Precinct 1: Chair Carol Freas, Eileen Bryson, Virginia Walters, Rita Smagge, June Harris, Jessica Bookey Precinct 2: Chair Betty Glick, Deborah Fullinck, Dallas Armstrong, Janice Daniels, Carl Glick Precinct 3: Chair Mary Troy Castimore, Gayle Ross, Rosanna Shelden, Dean Castimore, Phyllis Starks-Swarner, Ruby Cobus Does the Council wish to approve the above listed election workers? 117 "Kffaye with a Past, Gi with a Future MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 bag Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 21111' 1992 TO: City Council FROM: Rick Koch DATE: September 1, 2011 SUBJECT: Agenda Item G -15, Pipeline Easement to Buccaneer Alaska Operations, LLC. The purpose of this correspondence is to recommend approval of the above referenced easement to Buccaneer Alaska Operations, LLC (hereafter Buccaneer) for a pipeline easement from Buccaneer's exploration /production facility located off Marathon Road primarily within City - Owned right -of -ways to the KNPL /Enstar Facility located on Main Street Loop Road. The property is Airport Land located outside of the Airport Reserve. Pursuant to KMC 21.15.010 (c), the City may dispose of real property by easement provided that any instrument requiring execution by the City shall be signed by the City Manager and attested by the City Clerk. The form of any instrument shall be approved by the City Attorney. The attached Pipeline Easement has been forwarded to the City Attorney for approval as to form. The City's Code, under KMC 21.15.010(b), requires that Council declare that the subject lands are not needed for a public purpose. This declaration does not prevent the City from exercising its full rights as the land owner for other public purposes except for those few limitations stated in the easement. If the Council wishes to declare that the parcel is not needed for a public purpose, it could use language which might read as follows: I move that the easement area located within the area described in the Pipeline Easement to Buccaneer Alaska, LLC. is not needed for public purpose and authorize the City Manager to grant the easement on behalf of the City. There will be a lay -down at the Council Meeting to incorporate two minor changes in the proposed alignment. Thank you for your attention in this matter. cc: Buccaneer Alaska Operations, LLC 118 PIPELINE EASEMENT Grantor, CITY OF KENAI, an Alaskan home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611, for good and valuable consideration of the sum of ten dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to Grantee BUCCANEER ALASKA OPERATIONS, LLC, with an address of 952 Echo Lane, Suite 420, Houston, TX 77024, and its successors and assigns, an easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace as may from time to time be necessary or desirable, a pipeline or pipelines, and other necessary, appurtenances, for the transmission of oil and/or gas and/or associated substances under, over or across lands which the Grantor owns or in which the Grantor has an interest upon those same lands, ail situated with the City of Kenai, Kenai Recording District, Third Judicial District as follows: KENAI LOOP PIPELINE LEGAL DESEMPTION: A ship of land ten (J0) feet in width for the purpose of installing and maintaining buried natural gas pipeline situated within SECTION 5, Township 5 North, Range 11 West and SECTIONS 32 and 33, Towsiship 6 North, Range 11 West, Seward Meridian, Alaska all within Kenai Recording District, the City of Kenai and Kenai Peninsula Borough and more particularly described; Commencing at the west '4 corner of said section 33, thence N 62°05-46"E 1186.92 feet to the conunencement of the 6 mob charnther pipeline situated in the southwest comer of the Kenai Loop Unit No, 1 Pad, thc Point of Beginning (FOB) of tins desoription; THENCE 5 89°23'34" W 537.25 feet along the centerline of the pipeline across City of Kenai Lands within said section 31 to the point of intersection with the westerly side of the ;Marathon Road IGO' R/W; THENCE S 071900' W 1250.65 feet along the westerly side of Marathon Road 100' R/W to the point of intersection with the northerlyside of the HBA Access Road; THENCE along the a curve to the right having a Curve Length: 65,98 feet, a Radius: 175.00 feet, Delta: 21°36'10", Tangent: 33.39 feet, Chord: 65,59 feel and Chord Bearing N 71°01'39" W along the northerly side of the HEA Access Road 60' R/W; , THENCE It4 609333" W 32525 feet along the northerly side of the HEA Aceess Road 60' RN/ to the point of intersection with Baron Park Lane; THENCE 8 29°45'52' W 1470,00 feet along the easterly side of the Baron Park Lane 60' RV to the point of intersection with Airport Way 100' R/W; THENCE N 60°14'00" W 919.82 fed along the southerly side of the of the Airport Way 100 RNi 10 the point of intersection with the Trading Bay Road; THENCE S 29°48'22" W 1744.48 feet along the easterly side of the Trading Bay Road 100' IUW to the point of intersection with Main Street Loop Road; THENCE S 6011'38" 11560.97 feet along the northerly side of the Main Street Loop Road 100' RM. PIPELINE EASEMENT 119 THENCE along a curve to the right having aCurve Length: 143.7€ 71.92 feet, Chords 143,64 feet, Chord Bearing: S 5792'48 "'1 along iUw; liusi 13812pf ply side of the THENCE N 48 °35'22" E 72,14 feet across City of Kenai lands; THENCE N 41'.°24'3$" W 25.00 feet across City of Kenai lands to the End ofProje at thejunetion with the existing Kenai Pipeline, approximately. 6,790 Imeal: feet i 1.559 acres more or less. All bearing and distances shown are grid Alaska State Delta: 5°57'41" Tangent: in Street Loop Road 100' EOP)the tontines of containing 67,900 square e4NAD83. This easement is shown on the map attached hereto and marked as Exhibit A. If there is any Conflict between the above description of the easement and Exhibit A, the above description of the easements al1 govern. This easement is given to the Grantee, its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement, Grantee hereby agrees to repair all damage to lawns, trees, fences, driveways, sidewalks, roads, and any and all other improvements which may exist now or in the future, which damage which may arist, from the construction, maintenance, repair, replacement, or operation of any improvements. of Grantee. In the event the Grantee must work or excavate in the area of the easement, Grantee, at its own expense, shall promptly upon completion of its work, repair and/or replace the improvements disturbed in a neat, professional manner compatible with the adjacent, undisturbed improvements and similar to the condition of the improvements prior to their disturbance by Grantee. Grantee must provide Grantor ten (10) days' advance written notice of Grantee's intent to enter the easement area unless otherwise agreed by Grantor. Any entity to whom Grantee is legally or contractually obligated to allow the use of Giantee's easements is permitted the right of ingress and egress for Grantee's purposes as stated herein, subject to the same notification requirements as Grantor. The Grantor is to fully use and enjoy said premises except for the purposes herein granted to the Grantee. Grantor warrants and covenants that Grantor is the owner of the above- desctibed land that Grantee shall have quiet and peaceful use of the easement subject to the uses and conditions herein. DATED THIS day of September, 2011. PIPELINE EASEMENT 120 RANTOR: CITY OF KENAI 13y. Rick Koch Its: City Manager STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of September, 2011, RICK KOCH, KENAI CITY MANAGER, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. ATTEST: , City Clerk APPROVED AS TO FORM: Attorney After Recording Return To: Buccaneer Alaska Operations, LLC 952 Echo Lane, Suite 420 Houston, TX 77024 PIPELINE EASEMENT 121 Notary Public for the State of Alaska My Commission Expires: With Office tQ BUCCANEER ALASKA OPERATIONS, LLC, KENAI LOOP PIPE INE VICINITY MAP SCALE Owner. BUCCANEER ALASKA OPERATIONS, LLC 952 ECHO LANE, SUITE 420 HOUSTON, TX 77063 LEGEND ftclei PA* OKI.D,EIML no SVICLIt+fl, F.01T-Nr, 0trint CR. - OSEA■ErAt tlEtrVe *inn Inc 6N4 t■ttioe mAA N Co N.) LOT 1 LOT 'LA TRACT W 13+00 LOT 1 MAIN STREET LOOP ROAD 100 R.O.W. TRACT W • TRACT IT" VICINITY MAP SCALE TRACT B' LOT 1 14.00 15+00 16+00 rtr PROPOSED PIPELINE 1 1 i ; LOT S I LOT 2 ! I 1 I i i I I r I I Inc trecenner, r-J U1 LOT Z. LOT LOT 3 cc a 0�J. 90 W0 LOTT LOT1FM TRADING BAY ROAD 100' R.©,W.. 22 +00 23+00 R I- rta3.ar. -- - -_ -.- rr' ROPOSE© PIPELINE LOT A LOT LOT8 TRADING BAY' ROAD 100' R:O.W. 23+00 24400. 25+00 ZL _J 28+00 ,m 29 +00 1 PROPOSED PIPELINE LOTS LOTT LOT 8 1 LOTS X LOTH LOT 7 LOT 11 30+00 ,,, 31400 LOT 2 R.O.W. TRADING BAY ROAD 100' R.O.W. .0 6 PROPOSED PIPELINE LOT 4 AIRPORT WAY 100' R.O.W. 40+00 1 TRACT 8 BARRON PARK LANE 60' R.O.W. - �rwa .do aff+oo PROPOSED PIPELINE1 -�� LOT A VICINIT SCALE of X W 0 BARRON PARK LANE 60' R.O. 54+00 - - -- 55 +00 - - BARRON PAR 58+00 PROPOSED PIPELINE N Co w 61+00 62+00 ro _. .____ ' 1. —R. :w. • i ,r; I HEA ACCESS ROA 60' R.O.W. W N 68!00 87+00 BARON P KENU YQ TRACT N 69•00 PROPOSED PIPE F KENAI TRACT A -1-A 0 0 W zz ]G J tY 64 W 12 ofX CA CA) 70400 71+00 REPLAT TRACT RI 72+00 73+00 TRACT A9 74400 75+00 PROPOSED PIPELINE MARATHON ROAD BUCCANEER ALASKA OPERATIONS, LLC. KENAI LOOP PIPELINE VICINITY MAP SCALE FEEI 10 0 �� —DRILL, 1 PAD IJ II ROPOSED PIPEUPIE 33 Pi -)--1 Mk 0 - KENAI SPUR HVYY. tl IT TTI �ILI /P Ti • TI T JF rc • 411. Owner: BUCCANEER ALASKA OPERATIONS, LLC 952 ECHO LANE, SUITE 420 HOUSTON, TX 77063 LEGEND • SURVEY MONUMENT • CONTROL POINT I PROPERTY CORNER EDGE OF PAVEMB31 PROPERTY /R0W. LME EASEMENT / SETBACK LINE EDGE OF SIDEWALK !RACK CURB DESIGN RETENTION DARIN EMOTING ROAD 0001Y➢@ 72 CONTOUR 1109900 IMERVAL) EXISTING FENCE TREELINE UNDERGROUND NA.NRAL 090 UNDERGROUND ELECTRIC OVERHEAD ELECTRIC UNDERGROUND TE1EPRONE O 00ER090,M0002LETV POWER POLE GUY POLE /METER POLE G UY ANCHOR LUMINAIRE ELECTRIC TRANSFORMER TELEPHONE P1.0E0T91 ELECTRIC JUNCTION 00X VAULT CABLE TV BO% FIBER orncso9 VALVE • WATER WELL • MONITOR WELL ® SEWER 0=9002 GLEANGLIT 000890HCUNDC OMEEKC2msS UNDERGROUND ELECTRIC MARKER FAST L.1 LIGHT BO %. CERSDNITE MFRKER0090 W z J Consulting Inc VICINITY MAP SCALE D PEEr Boo 9d \ \, 6815°1 1%; \ 1 v/ KENAI SPUR Consulting Inc LOT 1 LOT 1 -A TRACT "A" LOT 1 l _AL 241'1 w J/ TRACT "A" B!DARKA ST. MAIN STREET LOOP ROAD 100' R.O.W. LOT 1 1 ro0 { _ ate -____ ‘ —_ I 19+ I 1 104-00 - war _ _ / `s t �ROk'C�SEC)IPPEk'!EriE / 1 i TRACT "D" II LOT3 LOT2 I LOT 1 I I I I I TRACT "B" VICINITY MAP SCALE FEET _ Cm-mulling Inc 4 cf'5 LOT4 LOT 9 LOT 19-A CONCRETE RETAINING WALL I1 LOT 3 = -> LOT 1 I 1 0 0 CI- 0 • Ce CD 1- r u Z Q FED TRADING BAY OAD 100' R.O.W. 1ST- 00 ! ■ LOT 1 LOT 4 Lk O � �T LOT 5 sg s2 .39„. 133.2. VICINITY MAP SCALE 1— FEET 18+ LOTS z J w 0 oW zc zz �a 0_ w w Z U co m ConsuLting Inc 6. 5of 15 LOT 10 -A II LOT 6 R.O. LOT 13 LOT 14 TRADING BAY ROAD 100' R.O.W. b LOT5 Z L.J.. _.._ _.. �..— .. —.._ _...L.E —.. - -_ 9,0 20.E �,_�� T F I 1 LOT 7 I H • LOT O LLl L.° c 0 LOT 1 VICINITY MAP SCALE a, Consulting Inc 6 of 15 LOT 6 t LOT 7 L 1 25+00 26rW LOT 8 LOT 11 L �. • I TRADING E3AY ROAD 100' R.O.W. LOT2 LOT3 27+00 26+00 -- 29w6 I 50.00 -__— LIP NE �LA � 51 I LOT4 LOT5 in II ' '1st 1 - - -- VICINITY MAP SCALE 100 UNSUBDIVIDE UNSUBDIVIDE LOT 5 d'1� III REl'AINING a I f .. - as ao� . _ _ - i0 OTILTfY ESMT -I r 1NALL l� 9--i W 11 3NW 1 I �oo t„ asroo _ —J __ Yz P-ROPO ED P PF I_I�N[E 1'..- vv _ ` ■s It \\ p11 ol\ j L f1 I AIRPORT WAY 100' R.O.W. TRACT A -1 1 TRACT 4 -B-1 10' UTILITY ESMT TRACT 1-13-1 VICINITY MAP SCALE FEET 'o 1 Consulting Inc PPAPPIPP VEPI SC/LE ,A OI TRACT B BARRON PARK LANE 60' R.O.W. _ PROPOSED 447 45+00 epG fi II I j I I I 1A -1 LOT A VICINITY MAP SCALE TRACT B _•.- 4J tz cae BARRON PARK LANE - - - 60' R.O.W. _ y -4+00 —_ -- -Y(rb 10 — P C (CS�D'IPEE fJE- _. yn.nv Esm-r LOT A 5Tao _ _ _ __BARRON P r. r VICINITY MAP SCALE goo FEET J Consulting Inc arcs t0 of 15 92 -It UT nm ESMT / / TRACT A �A V ��. �� \r A A � / M \ � — I HEA ACCESS ROAD ' L 60f R.O.W. TRACT 8 654°' 56We C G Ef - -IPE -wJ io util iTV EstaT� f LOTA \ 04 It VICINITY MAP SCALE \\ w J w w d a_ OW Z Z w s a_ w w Q U oruulting Inc of BARON PARK KENAI YOUTH ADDN TRACT A , 5_0_0_5,—,05 _ _ ..;—=— ,w.aA> 7.505...wa—..:..:zx,.7a Ai— _'di _— _— ROW `_ MARATHONl OAf7 7,__ - -1Q01 RL No 61+00 .__. fiz +fin 63 woo- 66M6 66+00 °ROPOSED PIPELINE __ REPLAT TRACT B1 CITY OF KENAI TRACT A -1 -A VICINITY MAP SCALE 50 PELT TRACT A -1 -A Consulting Inc REPLAT TRACT BI 07.00 MARATHC+N -R©A _ t 100' FM -- 68.00 89M0 lbw _. ._..._ 7x00 f��OPOSED _ IPINE RR TRACT Al TRACT A -1 -A VICINITY MAP SCALE m 100 ;EU 1 MARATHIONR ®A6_- TOG' RNV 73+00 74+00 PROPOSED PPEL.E 3E_,_ CITY OF KENAI UNSUBDIVIDED PORTION OF SEC 33 T6N R11 W ° i I CITY OF KENAI UNSUBDMDED PORTION OF SEC 33 T6N R11 W VICINITY MAP SCALE Consulting Inc p aux. 24' WIDE ACCESS ROAD 75100 764-01) 774210 RB UNDARY I CITY OF KENAI UNSUBDIVIDED PORTION OF SEC 33 TUN RYI W CUP BOUNDARY 1 7.00 V BUCCANEER KENAI LOOP #1 PAD CITY OF KENAI UNSUBDIVIDED PORTION OF SEC 33 T6N RI1 W 0 CL 0 J zz W sL sz(L W z U D 0 Consulting Inc VICINITY MAP SCALE w FEET BUCCANEER ALASKA OPERATIONS, LLC. KENAI LOOP PIPELINE VICINITY MAP SCALE RCS FEET 2000 • • • 2 2 32 'Q cFSo • DRILL I PAD 1 II r 33 ■ MP01O KENAI SPUR HWY, • 1 • Owner: BUCCANEER ALASKA OPERATIONS, LLC 952 ECHO LANE, SUITE 420 HOUSTON, TX 77063 72 . LEGEND SURVEY MONUMENT CONTROL POINT I PROPERTY CORNER EDGE OF PAVEMENT PROPERTYI ROW, LINE EASEMENT I SETBACK LINE EDGE OF SIDEWALKI BACK CURB DESIGN RETENTION BASIN EXISTING ROAD. SHOULDER CONTOUR LINES IR NRERVA1 EXISTING FENCE 700000NE UNDERGROUND NANRti GAS UNDERGROUND ELECTRIC OVERHEAD ELECTRIC UNDERORCUNO TELETHONS UNDSRORO10000ABLE TV GUY POLE/ METER POLE GUY ANCHOR LUMINAIRE ELECTRIC TRANSFORMER TELEPHONE PEDESTAL ELECTRIC 2U,NCT0O4 002 VAULT CABLE TV AO% NEER 00110 BO% VALVE WATER WELL MONITOR V 11 SEWER SERVICE/CLERICI10 000000010000.00 GAD LIALNIAR POST UNDERGROUND ELECTRIC MARKER POST LIGHT BOX CARSON/RE x O5T w Z J 9 w d Cr- h a F- O 0 Oz J � o < w e z� w 0o w w w z� Q U U a m � Consul. ng Inc 2 of 15 VICINITY MAP FEET goo SCALE ■ \NG 6P Rl�� \ \\ p;1, r \ \:\ �vRDPPcEDKSIAP \`OGP (C0,0-11 KENAISPUR HIGHWAY Consulting Inc of 15 LOT 1 LLr ENSTAR [ �.I nwe. I / r 11 ` _ , s y / ll TRACT •A" Ate. lj g• LOT 1 -A / TRACT "B" / 0 U %7.00 TRACT "A" 8 ❑L 1L TRACT "D" LOT 1 LOT 1 MAIN STREET LOOP ROAD 100' R.O.W. _.. ___r __ _ n+GO 19nW HOMO 97.00 PROPOSEDIP PEILII4E 41 4 VICINITY MAP SCALE 1a10 LOT 3 LOT2 LOT1 Consulting Inc LOT 9 LOT 1 LOT 10-A CONCRETE RErMWIN6 WALL r I. -------- - - - - -- - -- - - - TRADING BAY 'OAD 100' R.O.W. P 5 r r' _ \ i( t l= i lF E 4i`t �� LOT 4 VICINITY MAP SCALE FE T LOT 6 LOT 10 -A Ii LOT 13 TRADING BAY ROAD 100' R.O.W. 4 % 19+00 20+00 St W I i `rv,,,- m-r.�ry ROW '''''''''M'' f ' —I PRCIPVVV-G Li- c 1 LOT 6 LOT 7 LOT 8 -T E n=pw -- -- I 264-PI LOT 1 VICINITY MAP SCALE PO 903.1 45C Mr. LOT 6 LOT 7 L LOTS TRADING BAY ROAD 100° R.O.W. LOT 11 00 LOT 2 LOT 3 I i LOT 4 LOT 5 0 J Consulting Inc VICINITY MAP SCALE "ET LOT 4 ( LOT 5 UNSUBDIVIDE UNSUBDIVIDE I _ . - ° I � ro RETAINING ' " r _0_ _ ✓ � _ . wf `- 6t da_ '`b'°.. ar — — Y ' r� T i F' — as+ao 35 .00 38.00 i . PROPOSED PIPFL1NE "I I P LOT 5 iR OW n'.i'x.�- �rv_oi�.v2 -r� ]"'w ^^rv`.� 'r» — 5 UTILITYESMT S— - -- - - -- — LOT 6 AIRPORT WAY "'r' 100' R.O.W. alkta TRACT A -1 TRACT 4 -B-1 H cC 10' UTILITY EBMT a / VICINITY MAP SCALE ■ FEET TRACT 1 -B -1 Consulting Inc TRACT B BARRON PARK LANE 60' RO.W PROPOSED w r — = o� _ ._R,s ,s az,W - - - -- -413'00=------:'", RIPE INE — `\_ W. . U —. . 8.7 iM1R ._. I I a 1 I 1 LOTA 1A-1 hi it L VICINITY MAP SCALE w Z w d 0_ 0 Consulting Inc TRACT B -ROCK +G cORCW °COT ° RIN e 0.00. 10tr- _-12.CPP BARRON PARK LANE 60' R.O.W. _BARRON P 401.00 47+00c RRWI dDRIT: — _ _ _ _ _ _ 3,30-++-c-wRR-RRoc,-, LitUTLITY ESfort,__ -PROPOSED PIPELINE 203% 14`‘ )55.° ON.tt4 VICINITY MAP SCALE 100 FEET ComultIng Inc PO BOX 4158 VERT SCAL.F TWA TRACT 8 8 co TRACT A •,:„0 \ 'N\ \ \ \ \' ,, \ \ \ \ Vk0 \g..,.\\ 4 ' `‘ \, \ r-id.4..,\\ \ \ V W WIMY ES'n 0 \ 0\ \\ \ w•P \ 1 \ ..------ --T -- \ \ A \ : 54 It / 0 - -------- --TI \ .-- ----T-- __ --- ..-- HEA ACCESS ROAD _ / \ [ \ \--- -/-/ - 60' R.O.W. c \ Y v-Trr-e-er-r1 , -7-■ T }-1 ..--r- 7 , "7,-• — 55+00 -0- R OW i s„„, -- (1 ,r1i, -F-IROPOP,En MPH_ Doi_ 10, unrie - - - .„, --+ ----- ------- ' \ \ 81 III I k 0' 1 1 IS II4 1.. 1 li \ IT r 1 \ C)'-',•■-•- ■ LOT A \ VICINITY MAP SCALE I 50 — I FEET ConsuLting Inc "F9 VC, BARON PARK KENAI YOUTH ADDN TRACT A REPLAT TRACT BI i __.. �ILV�.1 �Lqy___ 63+00 D FCPEOT \E CITY OF KENAI TRACT A-1-A 66 +00 VICINITY MAP SCALE _i._____ FEET TRACT A -1 -A REPLAT TRACT 81 TRACT Al 00' R7V1T W+OO 714-00 _._ 714-00 72.00 VICINITY MAP SCALE 100 £ -` 0 d 0 Oj zz w Q J TRACT Al ,,.00 MARATHON ROAD 1061 -f qA% 73400 - -- 70+00 �' 1 PROPOSED PIPELINE CITY OF KENAI UNSUBDIVIDED PORTION OF SEC 33 T6N R11 W CITY OF KENAI UNSUBDIVIDED PORTION OF SEC 33 T6N R11 W VICINITY MAP SCALE Far �� 24' WIDE ACCESS ROAD 78411.60 15000 76+60 77M6 Th8W0 �17 / 9 i 1. i y .. .t -1 .... ,. � CUP BOUNDARY — T m CITY OF KENAI UNSUBDIVIDED PORTION OF SEC 33 TON R11 W CUP BOUNDARY rr- a I 110 IGU co 2 rj CRY OF KENAI UNSUBDIVIDED PORTION OF SEC 33 TON R11 W UP BOUNDAR BUCCANEER KENAV LOOP #1 PAD VICINITY MAP SCALE FEET EDGE OF P 1 1 W z J W D D_ 0 O� J .1 Z W ]L J ce W W U 0 1 Consulting Inc of 15 BUCCANEER ALASKA, LLC KENAI LOOP PIPELINE LEGAL DESCRIPTION: A strip of land ten (10) feet in width for the purpose of installing and maintaining buried natural gas pipeline situated within SECTION 5, Township 5 North, Range 11 West and SECTIONS 32 and 33, Township 6 North, Range 11 West, Seward Meridian, Alaska all within Kenai Recording District, the City of Kenai and Kenai Peninsula Borough and more particularly described; Commencing at the west 14 corner of said section 33, THENCE N 49 °06'32 "E 1336.76 feet to the commencement of the 6 inch diameter pipeline situated in the northwest corner of the Kenai Loop Unit No. 1 Pad, the Point of Beginning (POB) of this description; THENCE S 89 °23'34" W 366.84 feet along the centerline of the pipeline across City of Kenai Lands within said section 33 to a an angle within the easterly side of the Marathon Road 100' R /W; THENCE S 07 °19'00" W 1593.32 feet along the easterly side of Marathon Road 100' R/W to an angle point within the northerly side of the Magic Avenue; THENCE across S 73 °50'00" W 128.06 feet across the Marathon Road 100' R/W to an angle point within the 10 foot utility easement of Lot A Baron Park Subdivision (KN 2006 -25); THENCE along the a curve to the right having a Curve Length: 61.96 feet, a Radius: 235.00 feet, Delta: 15 °06'27 ", Tangent: 31.16 feet, Chord: 61.78 feet and Chord Bearing N 67 °46'47" W within said 10 foot utility easement of Lot A KN 2006 -25 identical with a line parallel and offset the southerly side of the HEA Access Road 60' R /W; THENCE N 60 °13'33" W 309.67 feet along said 10 foot utility easement of Lot A KN 2006 -25 identical with a line parallel and offset the southerly side of the HEA Access Road 60' R/W to an angle point near the intersection with Baron Park Lane; THENCE S 74 °46'27" W 22.01 feet across said 10 foot utility easement of Lot A KN 2006 -25 to the angle point within easterly side of Baron Park Lane 60' R /W; THENCE S 29 °45'52" W 1233.03 feet along the easterly side of the Baron Park Lane 60' R/W to an angle point near the intersection with Airport Way 100' R /W; THENCE S 74 °45'52" W 108.05 feet across the Baron Park Lane 60' R/W and the 10' foot utility easement within Tract B FBO Subdivision No. 3 KN 84 -198 to an angle point within the northerly side of Airport Way 100' R /W; THENCE N 60 °14'00" W 848.36 feet along the northerly side of the Airport Way 100' R/W to the point of intersection with the Trading Bay Road; THENCE S 29 °48'22" W 1829.48 feet along the easterly side of the Trading Bay Road 100' R/W to the point of intersection with Main Street Loop Road; THENCE S 60 °11'38" E 565.97 feet along the northerly side of the Main Street Loop Road 100' R /W; THENCE along a curve to the right having a Curve Length: 143.71 feet, a Radius: 1381.20 feet, Delta: 5 °57'41" Tangent: 71.92 feet, Chord: 143.64 feet, Chord Bearing: S 57 °12'48" E along the northerly side of the Main Street Loop Road 100' R /W; THENCE N 48 °35'22" E 72.14 feet across City of Kenai lands; THENCE S 41 °24'38" W 25.00 feet across City of Kenai lands to the End of Project (EOP)the terminus of this pipeline at the junction with the existing Kenai Pipeline, approximately 7307.60 lineal feet in length containing 73,076 square feet or 1.677 acres more or less. All bearing and distances shown are grid Alaska State Plane Zone 4 NAD83. PURCHASE ORDERS BETWEEN $2,500.00 AND $15,008. COUNCIL MEETING OF: SEPTEMBER 7, 2011 VENDOR ALASKA PUMP MAO SALES MACH ALASKA SURE SEAL SIRS, DYNIX COASTAL PAINTING PENINSULA ASPHALT PAVING HOMER ELECTRIC 03 FOB COUNCIL REVIEW DESCRIPTION DEPT, ACCOUNT AMOUN1 ROTOR AND STATOR POLYMER PROI3E METER, SPECTROPHOTOMETER CRACK SEALER SYMPHONY SOFTWARE MAINT SEPTEMBER JANITORIAL WIDENING S. SPRUCE STREET STREET LIGHT INSTALLATION WWTP V\PA, FE WWTP AIRPORT LIBRARY LIBRARY STREETS STREET LIGHTING OPERATING SUPPLIES OPERATING SUPPLIES REPAIR & MAINTENANCE OPERATING SUPPLIES REPAIR & MAINTENANCE REPAIR & MAINTENANCE REPAIR & MAINTENANCE REPAIR & MAINTENANCE 3,87800 6,885 53 5,302 05 3,96500 698847 4,800 00 337500 5,032 00 ir ty� KEIA4 ALASKA k//ap/ with JP~^ / with a Fu J MEMO: 710 Fida|g8Av8OUe. Kenai, Alaska 99611~7794 Telephone: 907-283'T53S/FAX: 907-283-3014 TO: City Council FROM: Rick Koch DATE: August 11, 2011 SUBJECT: Unsolicited Offer to Purchase C — Millennium Square The purpose of this correspondence is to provide information to the Council regarding the receipt of an unsolic}ted offerto purchase City property, Robert Nash and/or assignees have submitted the attached unsolicited offer nf$35{\O88ta purchase T5N R11W Sec. 5 Seward Meridian AK, FAA Tract consisting of 3.22 acres. This property 15 one of three tracts which comprise the area known as Millennium Square, specifically the tract presently utilized as a soccer/rugby/football field. The Borough Assessmenl 5 5250,300 for the property, and 1 estimate the appraised value to be ut least $]5OOO8^ The process established in code for the purehase of City property was not followed by Robert Nash and/or assignees (a for profit entity/entities), however, I did not want to have Mr, Nash go through a more formal process as it is my intent to reject the unsolicited offer. The property is airport land which has been released by the FAA but has not been determined by Council as not be needed for a public purpose. The value of this property taken as a componerit of a 21.43 acre biock of City owned property is greater than its stand-alone value, The 21.43 biock of City owned properties 5 one ofthe largest undeveloped properties remaining in the core area of Kenai, and will only increase in value, especially when a future p jcz1toha|tbiuffero$ionbaccornp|ished, The present City of Kenai Comprehensive plan specifically addresses the area of Millennium Square, attached is a copy of page 32 of the plan. Administration concurs with the four-step development planning strategy. Unless Council directs the City Manager to consider the unsolicited offer, it is my intent to reject the offer, for the reasons stated. Thank you for your attention in this matter. attachment 136 T SN R 11 SC.WAR.D. MECIri 0910:147 enf_!S SIM c2ENIOC CITIZEN ADON FAA TRACT 2.22 KEIIAI CIT(' OF n 210 FID =.L a0. AVE STE 200 KENA1; AK 99621 -xac1 '•J,ylue Tsxatls halve mpr_vement 0 KPB Par Viewer Printed Aug 11, 2011 pre 1' ''ric possible =ass f a ttt.h , I &luarn. $r se: fandrnn anti d he bfe t s.trp o/l c by r; > tarentatw' it aott!e c taevelcpyr gy. Undnt prey nt npnrtnrrsc cond# k iie erasion pr L k rn, rnajrir ail titer c, k %ritld nrti €trn ,C7( l4�ifttCi nftjrn /30/00 fiat A.fou t p r16nrefotune,nt plan proposed: 7. i;crrrt7iefn +t >r: pfth1�r>sed /Anna r--+ 2. Pre ar'c 00 deve/oprn! overall Siff) plan, sirandards, and in Actual kety tak,n pt ce Si: Pn c, ; tas uirE a p t�era #, purposefid nr Vision or �1rtt=mraiifera � u�,e to orddrto ,.v&1O[)rt1 Proposed City Ce Overlay Zone Si SODwbanR Cenral Con n ,:Con7of Coo ner i —17717117 inna' C: Cn sn u at floss Como, nnetlay CC2 Define a distinctive identity for Kenai`s city center, Encourage the city center's evolution into a destination for all -day, year -round commercial, cultural, ment, recreational, adult education, and civic activities, with appropriate shops and services to attract residents and visitors. Plan for Millennium Square development to become Kenai's defining element as a "City with a future ".. Capitalize on local assets such as the Kenai River corridor, Cook Inlet, and the mountain range by adoption Knt 2 Rug 08 11 D8 :05a Kenai Peninsula Purchase and Sale Agreement (Residential) e ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing and ONLY for propenies located on. the Kenai Peninsula This form author$ Dated 08105/2011 9f ng 2, elling'1: SharjjynErickson Selling 2: Brokerage Names Listing Brokerage: Selling. Brokerage: Five: Star Realty Licensee Relationships: The Seller and Buyer acknowledge the II a) Listing Licensee(s) 0 is representing the Seiler only (may asstst the Buyer), or 0 is assisting both the Buyer and Seller as a Neutral Licensee; or 0 is assisting the Seller without representation under separate written agreement. b) Selling Licensee(s) Ill is representing the Buyer only (may assist the Seller); or 0:is:.assisting both the Buyer and Seller as a Neutral Licensee; or a is representing the Seller only (may assist the Buyer); or 0 is assisting the Buyerwitnout representation under separatewrltten. agreement, License # Direct. Ph Fat( Ph P. 1 AK MLS ID # Brokerage Ph 3032 Cell Ph Home Ph 15432. 907 - 252 -3163 907 - 260 -2624 I 1) Buyer(s), Rotten Nasti and /or assignees , hereby deposit(s) earnest money of 2 Three Thousand Five Hundred. Dollars ($ 3500.00 )Dollars 3 evidenced by: 0 Cash W Personal Check .©Cashier's Cheek 0 Note, Due on upon accepted offer ' (date) 4 0 Or 5 shall be held in trust by 0 Listing. Broker ® Selling Broker 0 Other 6 as earnest money on and part payment for the purchase of real property and improvements situated rn 7 Kenai. (city or area) 99611 (zip), in the Kenai 8 Recording District, State of Alaska, as: 9 225 Spur View Dr. Kenai (Address) b S rr'. i'izen A.dn F'' & Kiti _._ (Legal) (the Property). 10 11 12 2) Purchase Pri 13 14 15 16 17 3) Terms: Three Hundred Fifty Thousand Dollars Minimum Down Payment (including earn oney sho 00 /100 ($ 350,000.00 )Doliars 18 Buyer 0 does 12A does not intend to. occupy Property. as Buyer's primary residence, 19 20 Property Type (check one)' 0 Single Family 0 Condominium 0 PUD 0 Duplex .0 Triplex 0 Fourplex 21 EN Other Assisted'Livinq Center 22 Check :one below 23 24 a) Iffi All Cash Offer: 25 No loan is needed to purchase the Property. 26 27 b) 0 New Financing: Closing is contingent upon Buyer obtaining fin in 28 Check the appropriate block(s) below: 29 0 Conventional 30. 0 FHA — (Attach Required Addendums) 31 0 VA— (Attach Required:Addendums) 32 0 Alaska Housing Finance Corporation under the following program 33 0 Assumption of Existing Loan $or% 34 0 Other a Form 70753. Originated 4105. Revision. 04108, 1 2008 Alaska Multiple Listing Service, Inc. (AK MLS) Alf rights reserved. Page 1 of 7 139 uyer(s):tnitials Seller(s}'Initials Rug QB 11 A8a05a l 2 3 4 5 6 7 8 9 0 V 12 13, 14 IS 16 /T 19 20 I| 22 23 24 25 Kenai Peninsula Purchase and Sale Agreement. Regardlrig Property Described As: Address: 225 Spur View Spur View Dr Kena Legal $pur Sub SeniorCijzeqddn FM Tract This faim authorized For use ONLY by a�ve Real Esate Licensee Subscribers oi Alaska Multiple Listing Service, Inc. p,Z 0 On or before number of days froni Selier's acceptanc,e, Buyer agrees to make a good lab loan application with (Lender). ii) If Buyer does not reveal a fact vr contingency 10 Inc Lender and this ptJrchase does not dose because of that nondisclosure after initial application, Buyer shall k*indefault. u) On or betore '(date)vr number "[ days from Seller's acceptance, Buyer will provide Seller a letter from the Lender xrnh,iog the following items: (1) a satisfactory credit report, (2) acceptable income, (3) source payment, (4) availabih' of funds to close, and (5) that loan approval 0 is or ra is not contingent on the lease, sale or closing of any property, Iv) /o the event Buyer fails m provide Seller with above-mentioned letter by the date, his Purchase Areenient shall automatically terminate, v) Buyer must obtain Sellers approval in writing, of any change in Lender, type of financing or allocation of closing costs, VI) Buyer agrees to pay all feas and satisfy ail aouinons.i^o timely manner, required by the Lender for prooess i^ynf|oaoa8p|ic4tiuo Eroker has niade rio representations as to availability v[ any loans nr interest rates. Buyer agrees the interest rate ffedbL d is t a contingency / this Purchase Agreement, solong as buyer qualifies for the financing herein agreed. vii) Buyer to obtain loan commitment from Lender Lender not late than (d*te). viir) If Buyer is unable to obtain loan commitment from Lender by such date, throuch no fault of Buyer, Buyer to provide written notice (* Seller and this Purchase Agreement shall automafically. ix) If Bayer fais to provide notice of inabilfty tc obtain loan oornnuitment by such date arid doas not close, through no fault of Selier, Buyer shail be In defaulL 26 c) 0 Seller Financing: $ payable at .or more, per month including % interest per annmm for years. 27 28 29 0 The parties are encouraged to negotiate the important 30 in Paragraph 22, er in a separate addendum, lmporn( 31 tract, note and trust deed or mortgage), due on sale clause, if any, prepayment option or penalty, if any, reme- 32 des upon default, eta 33 Buyer shall provide Seller with documentation, required by Seller, verifying Buyere ability to purchase ac, 34 cordFnq to the price, terms and ccnditioris or tha Purchase .Agreement by .(ua|e). �J w) Sailer Financirig is contirlgerlL upon SePer's approval of the docurren1atjon froni Paragraph 300i) on er before 36 (date). In the event Bayer faiis to obtain S&Ier's approval, this Purchase Aroemerfl 37 shall amornabcanyterminate. 38 39 4) Costs: 40 If applicable, the costs shall be paid by B ,(B) or Seller (G) as indicated below. Costs payable by both Buyer and 41 Seller to be shared equally. Buyer to pay for any fees due to requirements 0 the lender not covered below. 42 43 Lender Origination Fee Credit Resort I Owner Title Insurance INF; Smoke Detectors Discount Points repaid Into st RecordInt Fee I , ' , Assfiellt Serve / Reno& alm. 11111 I MIPIPMI default I unto On Escrow Ciosin Fee , , VA Fundi Fea Annual Escrow Fee Tests Mr litealth Author royal: Rural Dem Loan Fee Resale Certificate/ Public Offer Statement . Well Rove Cluanti I Lender Doc. Pram Fee la 11-10ATrensfer Fees ei Assessments Levied an Tax Rff istratiori all 110A Ouestionalre 111 Attome Deo Pred Fee rain DEC • • . royal Fees Form 70753 Originated 4/05. Revision 04/08, 0 2008 Alaska Multiple Listing Service, Ina (AK Mi.S) MI rights reserved. Page 2 of 7 ens) Initials lzl0 �.v Rug 08 1 88:03a Kenal Peninsula Purchase and Sale .Agreement Regarding Property Described As: Address: 225 Spur View Dr. Kenai Le9aI (the Property) Spur Sub Senior Odzonx4dn FAA Tract This form authorized for use ONLY »y active Real Estate Licensee Subscribers o| Alaska Multiple Listing Semicc,/ 5) Funds At Closing: 7 Seller and Buyer agree before. recording can take place, funds provided to the Closing Agent shall be in the following 3 form: cash, interbank electronic ^transfer money onaoca certified check vocashier's check drawn uno financial |naVh- 4 lion located io the state; or any above combination that permits the Closing Agent to convert the deposit to cash not 5 later than the next business day (AS 34.8O.o40). 6 7 6)R*cvrdimg/Pwssession; 8 a) This sale shall ho recorded vn see nmnetote .(dpe)v, earner hy mutual agreement Prior /vrecording, 9 Buyor ard Selier agree to sign all reasonably nesassary closing docuinen and to prforrn the reasonable condi- 10 Iions requlred by Ibe Closing Agent and Buyer's Lender, 11 b) ScEler shall deliver possession of the Property to Buyer upon ccnffrmatton ef recording or 12 urlder attached occupancy agreement rClother 13 c) Unless otherwise agreed in writing, Seller shall remove all debris, personal property not sold to Buyer, and leave 14 the Property in clean condition. Seller shall provide keys ano/ar means 10 ooerate alt ocks, irwluding but not limited 15 to: ailuessecuritrsys*:n alarms, garage door openers and any portable control devices for accessing the 16 Property upon confirmat?on of recordtng. 17 d) Tenant occupied occupied Property Setier to provide rental/Iease areement within three (3) deys of accepta f offer. Of- 18 fer bjpct to Buyers approval cf rentanease agreements delivered to Seller cr Seller's representative not later 19 than um.himo1 Seller and Buyer shall comply with the regulations 20 contained in the Alaska LandlorctTenant Act. All retundable deposits shaU be transferred to Buyer at cto.sing. 21 e) If Property is a unit in a condominium or other common interest community, Buyer may be required to pay a deposit 22 to the homeowners' association (*V4)tv obtain access t^H0A facilities. 23 24 7)Prood<n«: Property si^te/e,tnn|vaosbe)nVxosumo4.p,epaid,eo4.a"dUQAfens'ifapplic8b|e( sha1|hep,v,n(nUasnf the 26 date of recording. 27 28 0)ri\|e/Sun/ep 29 a) Selier shali convey title by statutory warranty deed or 30 b)un|, otherwise provided hereirt. mis transaction is subject to Buyers review arrd approvat 018 prelirriinary tilte re 91 port and copies of the eceplions 1 disoloses showing the coridition of titIe to 1110 Property. Upon execution or this 32 Purchase Agreement by all parties, Seller will, at Sellers sole expense, Order the report and exceptions from 33 _smxKicmnt|a[TiUo (Tide Company) arid furnisn them to buver bpovrvceiptofihe,eovrt and vxcep, 1.: tinno/ Buyer shall :avafive business days within which tv notify* Sol|eio writing, of any matters disclosed 35 in the report report wtiich are unaocaptabte to Buyer Buyer's fadure to tmely object, i /li to n matters disclosed in 36 the u sball constitute acceptance of the report. lf, within five business days (five (5) If not filled in) fol- 37 lowing receipt n| the objections, Seller fails ,o remove or correct |»e matters identified in the objection s`v, does not 38 gve writlen assurances roasonably satisfactpry to Buyer that they will be removed renioved or corrected prro, lo the closing 39 date this transactnr' shali autornaLcally terrnnate After closing Bayer shall recerve an owners standard forrn poi 40 icy uYfiuy insurance insuring marketable trtle in lhe Property to Buyer rr' the arnouni of ttie purchase prioe !ree arid 41 clear of the objections and at other title exceptions agreed to be removed as part of this transaction. 42 n) Survey, as-built survey, orreocuifimstionmf srjrvey shall be dated on or after '(dute) vr 43 0 as requirad by Lender. 44 45 46 47 � 49 50 51 52 b) 53 54 d 55 d) P .3 9) Documents Required By Law: a) Lead-Based Paint Warning: Unless exempt, it the improvements on the Property include one or more residential dwellIng(s) constructed prior to January 1, 1978, he terms of this Purchase Agreement unless a completed Lead-Based Paint Disclosure form is signed by Seller and Sellers real estate licen- see(s), which must occur before the ponies sign this Purchase Agreernent. (See EPA pamphlet Protect Your Family From Lead in Your Home for more information.) If applicable, Buyer acknowledges receipt of the lead-based paint disclosure signed by Seller prior to signing thls offer. Buyer has '0 has not received a copy of the State of Alaska Residential Real Property Transfer Disclosure Buyer fa has has not received a copy of the Alaska Real Estate Commission Consumer Pamphlet. i^ the event a Resale Certificate ora Public Offering Staten,ent is requrred by aw for the transfer of this Prop- ertoi'inhe,cuy*greedma||hrtima/orRuy*rtnreviowth°seoncvmentsuegio,a{thodu\eamd8m*iha(8oyor acknowledyes in writing the receipt of these docunier,ts, Form 70753, 1w4oawswx04/08~ © 2008 Ataska Multiple Listing Service, Inc. (AK MLS) Alt rights reserved. 141 Page 3 of 7 / / / �� Wycr(s), initials Salto r(s) Iratials Rug 00 1 08 :05a Kenai Peninsula Purthase and Sale Agreement Regarding Property Described As: Address: 25 SporV1mo Dr Kenai Legal (the Pcupedy): Sour Sub Senior Citizen &ddn FAA Tract This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc, | 10) $quare Footage: Buyer understands that measuremerUs for footage and o Vi men siono may It is 2 Buyars esponsrbillty to verity square footage ai-id no rely on irforrnat 011 reoeived from Seller, Brokers and Li- 3 cenuoen. appraisers or governmental agencies. 4 5 lij Property Condition: 6 a) Until /the date n[ possession vr recording, whichever is earlier, Seller agrees to rpairilain the Property in ts ourrenf 7 cundiino, subject tn ordinary wear and tear, 8 b) Beyer and Seller understand that Brokers and/or Licensees are not experts in all areas and Buyer and Seller should 9 rely solely vn experts who are qualified in areas o(cnncvm, Brokers and/or their Licensees make norppresaom^ 10 lions regarding the Property, including vvhether the residence or other improvements meet current building codes, I/ safety vr other requirements, 12 c) In the evant the improverrterits improvements on the Property are destmyee or materially damaged prior to recording, then, at the 13 Buyer's option, this Purchase and Sale Agreement shall terminate upon Buyers written notice to Seller, 14 15 12) Appraisal: 16 a) in the event the appraisal generates Lendeerequired repairs, repairs to be negotiated between Seller and Buyer, 17 h) If Seijer and Ouyer have riot reached ari agreement r*garm/ngLenofr-/eqv|rau,epmru.w/,om 18 days of Seliers recelpt of the apprarsat (his °urchase Agreement shall automatically terminate. 19 c) If r is/rwmndiesa,*uuMed to re-inspection and approval pdor lo the closing date, Buyer shall pay for frrst 20 re-inspection. Thereafter, Seller to pay for air additional re-inspection fees. 21 22 13) Termination: 23 In the event itiis Purchase Agreement is 1rrninated as provided for in this Purchase Agreenient absent a defeat by 24 Buyer. all earnest money shall be returned to Buyer and all parties shall be relieved of their obligations as set forth 25 herein, 26 27 14) Time af The Essence and Rernedies: 28 Selter and Buyer understand Ibat lirne is of lhe essence. if any obiigauon is not performed or waived as provided, or if 29 any note ur cheok reoeived 85 earnes( noney or any other payrnont is not paid, honored or tendered when duc, there 30 snail ho the following remedies: +1 a);f Buyer is in Default: Except as provided in Paragraphs 3, 12b, 16 and 17, Seller's Remedies shall be fimited to 32 licuidated damages in h ount of th st money set frohiParagraph ih It is 33 payments and things of value are liquidated damages and are Seller's sole and only remedy for Buyers failure to 34 eorforrn the obi:manors of this contract. The parties agree that Seller's actual damages in the event of Buyer's de- 35 fault would be difficult to measure, and the amount of the liquidated damages herein provided for isareasonable 36 estimate 37 b) If Selier is in Default: Buyer rnay elect to treat this Purchase Agreement no canceled, io which case all earnest 38 morisy patd by Buyer hereunder shali be returned and Cuyer may r000ver such darnages as rriay be proper ar 39 uyer may electto treat this Purchase Agreernent as being in futi force and effect and Buyer shali have the right to 40 specific performance v/ damages or both, 41 42 15) Eamest Money Dispute: 43 Notwithstanding any \omninaUnoof this Purchase Agreement, Buyer and Seller agree that, inthe event of any contro- ^* xcrsy regarding the earnest money held by Broker, the Broker may 45 a) Make the determination as io the cause of the failure of this Purchase Agreement and distribute the earnest money 46 nccoodiog|y'nr 47 b) R ire the parties io execute a" agreement for the elease of the earnest money, in vvhich case the earnest 48 rnoney shall be distributed in actordance with such agreement. // tite part es are unwuhng to executo an egreement 49 for he reieae of earnest money, the parties shail subniit the natter to rnedation provided below, and |fmedi&- 50 tiori faits the broker .may fite an nterpleader action in court of corvpeterit JunsdLction requasting the court to de ^/ terrnine the distribution of the earnest money. Broker shall be entitled to an award from the earnest money of attar- 52 neys' fees and costs, 53 54 16) Mediation: 55 If a dispute arises relating this Pamong Buyer ane Seller, orBmkons) and/or their 56 representative(s), d is not resolved prior lo or after recording, the parties shall fi,stproceed in good faith to submit the 57 matter to mediatiorr. Costs 10 be shared by niutuat agn*m«nt between ur� among mepames.Unless mhe*,isoagreed 58 in mediation, mepames,mo|nm�rnymrv,pmneeumurui|mxo^v,|/u9aoon� Farm rmaz Originated 1,vw Revised 0nmn` /\�- / / / / mzoo^ Alaska Multiple Listing Service, Inc. (AX wcS) All eighureserved. Page 4o,/' euver(s) *aau uw4rcs) initials p ~4 142 Hug O8 11 08:06a Kenai Peninsula PUrchase and Sale Agreement Regarding Property escribed As: Address: Legal (fhe Property): Sur Sub Senjor Citizen Addri FAA Tract This form authorized for use ONLY by active Real Estate Licensee Subs-crib=Nbska 1 17) Custs and Expenses: 2 |, the event v( any arbitration o litigation relating mthis PUrChase Agreement, the arbitrator orcuod shall award to me 3 prevailing pany all reasonable costs and expenses, including attorney fees, 4 1S) Broken 5 |1is mutually agreed by all parties that the Brokers and/or lheir Licensees shall not be held iiable in any manner 6 whatsoever for damages arisirig from defthults or acts by or omlssions of Buyer or Selier. 7 a) Both Buyer and Selier acknowledge Brokers are partioipamtsof the Alaska Multiple Listing Service, Inc .(AK 8 MLS) and are authorized to report detafls cf the sale to AK MLS. 9 b) Buyer and Selier authorZze any Lender, escrow agent t dosi ( , appraiser, home inspector, surveyor d any 10 other related party inthis sale to furnish and provide, on request or closing, any and all information and copies of |1 documents related to ths sale to bolh the Usting and SaFling Erokers and their Licensees. 12 19) Acceptance/Notice of/\cc*ptanoe/De|ivery: /J This offer rnay ba accepted by berng signed by lhe other pa wjth no changes end such acceptance shall be effecve ti 14 when a complete copy of the fully signed agreement is delivered to the other party by any one of the following methods: t a) Aclual delivery to the otfier pariy the 16 b) Viemail <nk other party or the other ny'* licensee, but only if the person transmitting the email receives c|pm 17 frame confirmation ,hnt the ernajt was received by the intended recipient; vc 18 o) Via facsin-,iIe to the altier party or the other partys icensae, btit only f Lhe transrnitting fax machine prints aoo"tir- 19 nation that the transmission was successful, 20 21 This Purchase Agreement may ue signed in multiple 000n{e rpa i<h(hvsame effect as f all parbes signed the sarne 22 documents. 23 24 Delivery of a photc>copy, telefax, electronic, carbon or carbonless copy of a signed original of this Purchase Agreement 25 or any th documents refe herein same as delivery r the original. 26 20) Foreign Iniestment in Rea Proporty Tax Act 27 The Foreign Frveslment in keal Propetty Tax Act (FIRPTA) requires every person who purchases real properly 0- 28 Gated within the United States from a 'foreign person" to deduct and withhold from Seller's proceeds len percent (10:) 29 of lhe gross sales price wilh certair exceptions ar-id to pay the amount withheld to the nternal Revenue Service, A 30 'foreign person" includes a non-resident alien individual, foreign corporation, foreign partnership, foreign trust and for- 3 | eign estate. Selier and Buyer agree 10 execute and deliver, as appropriate, any inslrurnent aflidavit ar statement and 32 to porforrn any acts reasonable or necessary to comply with FFRPTA, 33 21) Attachments: 34 The foUowing attachrnents are hereby made part of IhFs Prchase A9rnornent 35 Kenai Assisted L|xino' Site Proposal 36 One-Time Showing Agreement (required bv Real Estate Commission) 37 38 22) Additional Terms and Conditions: 1) This proposed site is to be used for the construction of an, Assisted Living facility, 2) Buyers would wan a closirig date for the purchase of lhis prnperty to be after ths Buyers obtain approval from the Planning and Zoning Commission and approval from the State for the proposed Assisted Living facHity with (he provision fcr a 60 day exlension if rieeded. P. tiple Listing Service, Inc. 39 3) Buyers request a response to this offer within two weeks, if possible. /^0 g) 2008 Afeska Multiple Lisfing Service, Inc (AK MLS) All righls resenged. Page 5 of 7 s) Selfer(s) Initials 143 � .`/ Aug 08 11 08:06a Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: Address: Legal (the Property): This farm authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc 1 23) Entire Agreement 2 This Purchase Agreement, the Residential Real Property Transfw Disclosure Statement, and any attached addenda 3 constitute the whote agreement between the parties. No warranties, including any warranty of habitability, agreements 4 or representations have been made or shall be binding upon either party unless herein set forth. This cocument may 5 not be modified except in writing and signed by the Parties. 6 a) Buyer agrees to purchase and pay for the above-described Properly an the terms and conditions herein stated. 7 Receipt of a Copy of this Purchase Agreement is hereby acknowledged. Buyer understands this is a legally binding 8 contract. 9 b) Buyer agrees that closing of the saki will constitute an acknowledgment that the premises and its systems 10 are acceptable at the time the sale is closed. 11 12 in the event Seller or Seller's Licensee has not notified Buyer or Buyer's Licensee of Sener's signed acceptance 13 prior to e - • , (date) a.m. 500 p.m, (time), this offer shall terminate. T4 15 This Purchase Agreement has significant legal and financial consequences You are advised to seek independent legal and 16 financial counsel, including fax advice from a fax attorney or CPA, before signing. The Brokers and Licensees cannot give 17 legal, fax or financial advice, 18 (' 19 r Time: am p.m, E -mail Address Office Ph(s) Cell Ph(s) /Xi Home Ph(s) Fax Ph(s) P Buyer Signabire(s) 20 , Z. 7— 11/ 21/N Print name(s) to be on documents / - c 22 23 SMail Address 24 95 ,/c 3 •-•,5 Physical Address ,/&3.45- 26 27 Name of Selling Broker's OD 28 29 Licensee Signature 30 31 32 Brokerage Fee: 33 A real estate broker may be compensated by any party to a real estate transaction, by a third party, or by one or more of the 34 parties to the transaction splitting or sharing the compensation. Selier and/or Buyer agree to pay forthwith at closing a two - 35 kerage fee in cash as stated in the Personal Services Agreement. (i.e. Listing Agreement, Buyer's Agreement) 36 c "5;4 • / g" Licensee Signature Form 70753 Originated 11/04, Revised 04/08. / I © 2006 Alaska Multiple Listing Service, Inc. (AK MIS) Alt sights resented. 144 Page 6of7 Buyer(s) Initials Saller(s) Initials Rug 0.8 11 08 0'Sa Kenal.Penlnsula Purchase and Saie Agreement Regarding Property Described As: Address: 225 Spur View Lega, (the. Property): Spur Sub SeriorCitizen Ad dn FAA T This form authorized for use OULY by active Real Estale Licensee Subscribes of Alaska PAuftiple Iissing Service, Inc. P7 2 Seller. Response: (sign only one!) 3 4 m Seller accepts the foregoing offer as written. Seller agrees to sefl and convey the Prop- s erty described on the terms and conditions herein stated. Seller l ndersiands this is a 6 legally binding contract. 7 Seiler Signature(s) 1: 2. Time: s 9 P Seller makes the attached Counter Offer 1s Seller Signefurs(s) Date .Time: a.m. p:m. 11 12 ri Se3ier hereby rejects thefaregoing offer and declines to make a Counter Offer 13 Seller Signature(s) Time: am, p.m. 14 Print names) 15 16 Mail: Address Physical Address 20 Phone 21 22 E -Mail 23 24 Name of Listing Broker's Office ._ 25 26. Licensee Si n Form 70753. Originated 11/04. Revised 04/08. 0200& flasks Multiple Listing Service, Inc. (AK MIS) All iighls reserved, Page 7 of 7 t uyor(s e t / 145 Ave Star Realty 170 E. Corral Street Suite 1 Soldotna, AK 99669 Phone: (907) 262 -2445 or 262 -5711 F (907) 260 -2624 E SHOWING AGREEMENT This lasting agreement is hereby matte between; Seller Five Star Realty tlC ea l property described a r;;- r r _ct �-4i �ri.��i,t.� �14n ,a.it Seller hereby certifies that he . is the owner of record of the above described property. This agreement allows for a one -time showing for the Broker to attempt to affect a sale of the property to a prospective Buyer: If Broker procures a Buyer, Seller will be liable for the commission if sold to that within 180 days after date of this agreement between the parties. All references to Broker in this agreement refer to Broker or agent of the Broker. Sale for purpose of this agreement shall include all forms of tenancy, or any vested interest whatever, including lease, lease with option to purchase, first right of refusal, or option to purchase. Buyer for purposes of this agreement shall include any individual, or agent of any group, such as a partnership, member of the group which results in ultimate sale would apply, even if the person working with the Broker is not a party to the eventual purchase. Seller agrees to inform Broker immediately; upon receiving contracts from Buyer whose name has been provide by the Broker. Should a sale result from this showing, a co of the sale price: hall be due the Broker in the amount of C The name of the prospective Buyer being shown the property is: E 1 Address: The Realtor agent representing FIVE STAR REALTY is: Price quoted to prospective Buyer is: ta =SesF Seller Date Seller Date 146 Nash & Associates Date: August 5, 2011 Re: Kenai Assisted Living- Site Proposal- LOI Dear Mr, Koch (Kenal City Manager), Over the past year or so, aur rnanageruent and ex-eentive tcam has been researching the opportunities and benefits associated wi.th a proposed assisted living facility within the Kenai and So).dotna eornmunities. They are both great towns, but we have focused our attention specificaily an Kenai, With over 20 years of senior care ownership and management experience, our own assessment of the senior market in the greater Kenai area has led us to the eonclusion that a viable need exisis for a comprehensive assisted living development. We have been uniquety impressed by the beautiful eornplex at Vintage Point, the Senior Center and the vacant property adjacent to it. in aceordance with that favorabie impression, we feei that the highest and best use of that vacant property, in serving the needs of ihe local seniors, would be through the eonstniction of an assisted living facility. Our proposed build would include 40 (+/-) units with an activity center, family gathering area, formal dining and recreation and basic therapy room. Limited nursing services and assistance with the activities of daily living (bathing, dressing, meals, mobility, bathroom & rnedicatiois assistance) are the hallmarks ofassisted living, in addition to providing a warrn, fun and inviting atmosphere. This type of comprehensive care requires significant stalling and resources. Phase 1 0f the project */i|| initially inelude the construction ofa 16,000 to 20,000 square foot facility with a cost approaching $3,000,000 or more and will use local, qualified .contractors, architects, supply houses, landscaping, engineers, attorneys, buokino/fiouo:io&/ bookkeeping, accounta Upon assisted living business will provide local, direct employment to approximately 30 employees. In addition, in me facility wdl require ° supportive services from many ot].ier iocai businesses, such as a bakery, supermarket, medical supplies, janitorial, inspection ser-viees, furniture and decor, and associated professional (boolriceeping/accounting/banIcing). legal, and medical/physician services. Because assisted living provides such a wide array of services, these types of facilities are a great economic boost to any community. Projected routine expense,s (local stimulus) through the above services should be io excess uf$1A[[000 per month, 11 is our bebef that rnany amall to mid-sized Alaskan communities are constantly faced with census attrition issues dealing from seniors and retirees deciding to leave their home towus in search of retirement, medical and other health service availability. This can be a huge drain on small cornmunities, because retirees generaily spend income instead of taking jobs, so their loss is felt deeply from un economic standpoint. With x good senior services sector, srnall cornrnunitics can greatiy benefit by ereating a draw for these services and consequently keeping a smaller percentage of seniors and retirces from moving away to larger cities such as Anchorage (or even out of state). The emotional 147 challenges of having to leave, or sending a parent out of the area for senior care is also very difficult. Our hope would be to mirror the excellent quality of design and ambience that exists at the Kenai Senior Center/Vintage Point, and to augment those services as an extension or continuum of care. Many local retirees that we have spoken with have expressed a desire to see an assisted living facility developed next to the Senior Center, so that spouses, family or close friends needing both independent senior living (Vintage Point) and assisted living, can easily transit between the two. Having the assisted living facility in close proximity to the Senior Center would also allow for continued use of the daytime services provided at the Senior Center and would ensure that the census-based revenue frorn state/federal grants would not be affected, and to the contrary, would most likely increase with the additional influx of non-Peninsula seniors who will inevitably be attracted. We have identified the following site within Kenai city limits, of interest to us for assisted living purposes: Millennium Square/FAA Tracts along Spur View Drive. Approximate ground needed is 3 acres. The concept of being located immediately adjacent to the Senior Center has been shown to have the greatest advantage and most desirability to local seniors. With the higher costs associated with land and new construction in Alaska, we are asking the City of Kenai to help us bring a much needed service to the senior citizens of Kenai and its surrounding community. We look forward, with great pleasure, in working closely with the City of Kenai to find a :meaningful and productive relationship for the many seniors of this area for years to come. Due to certain time constraints, we would appreciate your immediate attention to this matter. Sincerely, Rob Nash & Associates Rob Nash 208-861-4966 FO b. nnaSITIVgIllail Cory Castagneto Associate/ Representative 208-867-6600 cora. ca staarieto, a ;$,-); Sharilyn Erickson Local Realtor Five Star Realty 170 East Corral Ave, Ste 81 Soldotria. AK 99669 907-252-310 acSdr dbk N-a 8488814:88:42;:.„.: 1"1'88111871181111) 148 Goals and Objectives 2011 Kenai Community Library Commission Goal 1: Make recommendations to the Library and Council to improve library services and continue to provide quality services to all library users. Objective 1: Continue to maintain and extend library and infonnation services for users by supporting library staff with training. Objective 2: Increase the public's awareness of the value and use of the library's resources and services by working closely with the media, developing relationships with community groups and improving communication with individual citizens and local schools and school libraries. Objective 3: Continue to support programs by providing equipment, materials, 1 and individual help. Objective 4: Encourage the library to design services and programs that target individuals of diverse geographic, cultural, socioeconomic backgrounds, special needs, and other underserved populations. Objective 5: Support budget increases as they become necessary for additional library personnel and services. Objective 6: Review library policies and rules annually as well as the Libr Commissions' goals and objectives. Objective 7: Evaluate the reinstatement. of Sunday hours in the summer. Goat 2: Continue to work to enhance the physical space in the library. Goal 3: Objective 1: Couunitto an annual review and reevaluation of the building and its facilities. Objective 2: Encourage continued fundraising for furnishing and fixtures in the newly expanded library. The library will provide library users with a modem, clean, safe, accessible, and inviting facility which encourages learning and leisure reading, provides access to up -to -date electronic resources and fosters eommunity discourse for all age groups. Objective 1: The Library will provide an up -to -date collection of current topics and titles in a wide variety of formats; audio - visual technology, information databases and other technological resources, arranged in a customer - friendly manner for easy access. Objective 2: The library will make available to all library users more popular items in more formats and greater numbers to alleviate long waiting periods, Objective 3: The library program will provide an environment for young peoplethat is rich in stories, literature, and reading material and support the development of the skills, interests, and passions necessary to succeed in school, careers and life. 149 Goals and Objectives 2011 Kenai Community Library Commission Objective 4: The library will present a welcoming place that supports teens' special interests, developmental needs and enhances their interest in reading for pleasure. Objective 5: The library will provide and promote classes and workshops to enable patrons to become familiar with various services and technologies offered at the library. Goal 4: The library will serve as a centralized, convenient community destination by providing formal and informal gathering spaces for a variety of programs, meeting spaces, and events, Objective 1: Provide money in the budget for programming for all ages. Objective 2: Encourage staff to apply for grants to support innovative programming. Objective 3: Continue to work to develop policies to govern the use of the new public spaces including the private study rooms, conference room and meeting rooms. Objective 4: Encourage library staff to investigate opportunities for students riding school buses to be able to get off at the library. Goal 5: The library's staff., commission and Friends will continue to find means, by way of grant writing and private fund raising, to enhance the library's services and collections beyond what the local tax support makes possible. Objective 1: Promote the recruitment of library volunteers. Objective 2: Exchange information and ideas for enhancing library programs. Goal 6: Make recommendations to the City Council regarding capital and other improvements to the library: Objective 1: Increase the materials budget. Objective 2: Increase the opportunities for staff continuing education, Goals Achieved: 1. Encourage continued fundraising to complete the additive alternatives in the library construction plan. 2. Work with the library staff and community on a transition plan to maintain services. during ction. 150 Corene Hall From: Virginia Morgan & Thomas Gossard [tommyginny ©arctic.net] Sent: Thursday, September01, 2011 2 :28 PM To: Carol Frees; Christine Cunningham; Corene Hall; Rick Koch Subject: VIP subdivision /bear problem To Whom it May Concern, I'm writing today in regards to the bear problem in the VIP subdivision. My husband and I own a four -plex in the neighborhood and we have a dumpster at the site. To our knowledge, there have not been any issues with bears on our property. If there is a multi- family dwelling in the area that HAS been a problem, we would like to see city officials approach those owners directly, as well as any other homeowners who have bears attractants, such as birdseed, chickens or bags of garbage left out. We also are firm believers that educating the inhabitants of the neighborhood is a great first step, will have far-reaching effects, and is a friendly and effective way to initiate change. Issuing mandates and charging fines essentially punishes the entire neighborhood for a few irresponsible or careless homeowners or landlords. In the past we have educated our tenants on being "bear aware" and we will continue to do so. Because of the proactive steps we have taken and our responsible tenants actions, we have not had any issues with bears on our property in the twelve years we have owned our four -piex. We would like for these comments to be entered into the next city council meeting. Thank you for your time, Virginia Morgan Landlord of 2425 VIP Drive Mailing address: PQ Box 657 Cooper Landing, AK 99572 907 -595 -3094 i 151 NOTICE OF PUBLIC HEARING SEPTEMBER 7, 2011 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2546 -2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an. additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) 1 -a. Substitute Ordinance No. 2546- 2011 -- Amending KMC 14.22.010, Land Use Table, to make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zoning District. 1 -b. Substitute B -- Ordinance No. 2546 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District. 2. Ordinance No. 2577 -2011 -- Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by S89,053 in the Airport Improvement Capital Project Fund for Capital Improvements. 3. Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. (Clerk's Note: At the August 17, 2011 Council Meeting, this item was presented as a lay down, considered by the Council after hearing, and passed unanimously. This matter is scheduled for a second public hearing to provide the public with notification and an additional opportunity to comment on this resolution. After the public hearing, the Council is expected to entertain a motion to ratify its August 17, 2011 decision to adopt Resolution 2011 -65.) 4. Resolution No. 2011 -66 -- Adopting a Street Name for an Unnamed Street. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. d Corene Hall, Deputy City Clerk Posted: September 2, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF SEPTEMBER 7, 2011, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. Ordinance No. 2546- 2011 -- Amending KMC 14.22.010, Land Use Table, to make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zoning District. 2. Ordinance No. 2577 -2011 -- Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by $89,053 in the Airport Improvement Capital Project Fund for Capital Improvements 3. Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. 4. Resolution No. 2011 -66 -- Adopting a Street Name for an Unnamed Street. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. (mot" C4'` Corene Hall, Deputy City Clerk Posted:. September 8, 2011 i U111_4101112.21% tit' t' llJti.V 11 UNITED STATES OF AMERICA, } STATE OF ALASKA ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, AIaska, that the Council Agenda PO //96546 a printed copy of which is hereto annexed war published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: September 5, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 7, 2011. 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto://www.cittenatak.us ITEM B: SCHEDULED PUBLIC COMMENT 1. Rob Nash- & Associates -- Proposal to Purchase FM Tract (3.22 Acres) From City of Kenai and Build Assisted Living Facility, ITEM D: PUBLIC HEARINGS Ordinance No. 2546.2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential. RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted;' and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) 1 -a. Substitute Ordinance No. 2546 - 2011 -- Amending KMC 14.22.010, Land Use Table, to make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including 'Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses ". for Properties Along the Kenai Spur Highway Within the RR -1 Zoning District. 1 -b. Substitute B — Ordinance No. 2546 -2011 -- Amending • Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District. • 2. Ordinance No. 2577 -2011 — Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by $89,053 in the Airport Improvement Capital Project Fund for Capital Improvements 3. Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission•Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. .� (Clerk's Note: At the August 17, , 2011 Council Meeting, this item was presented as a lay down, considered by the Council after hearing, and passed unanimously. This matter is scheduled for a second public hearing to provide the public with notification and an additional opportunity to comment on this resolution. After the public hearing, the Council is expected to entertain a motion to ratify its August 17, 2011 decision to adopt resolution 2011 -65.) 4. Resolution No. 2011 -66 -- Adopting a Street Name for an Unnamed Street ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills - 2. Approval of Purchase Orders Exceeding $15,000 3 *Ordinance No. 2578-2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and/or Technical Changes to the Kenai Municipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations. 4. "Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment,'Phase II. 5 *Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 6. *Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. 7. *Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub - section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. 8. *Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment, 9. Action /Approval -- Utility Easement to Homer Electric Association, Inc. for a strip of land ten (10) feet in width -for the purpose of installing nnN mointaininn indarnrnunrl >iArrical lines situated within A X SUBSCRIBED AND SWORN to me before this. 16th day of September NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 passea unanunuury. r rno motto, to , -. -. - - -- - -.._ to provide the public with notification and an additional opportunity to comment on this resolution. After the public hearing, the Council is expected to entertain a motion to ratify its August 17, 2011 decision to adopt resolution 2011 -65.) 4. Resolution No 2019 -66 — Adopting a Street Name for an Unnamed Street ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3 *Ordinance No. 2578-2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the 0 City Council and Authorizing the Clerk to make Clerical and /or Technical Changes to the Kenai Municipal Code to Correct Errors in PUBLISHER'`. Spelling, ce Punctuation 2579-2011 9.2 11 -- IntrasiCitations. 4. *Ordinance No. 2579.2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project °t Funds for the Purchase of Snow Renioval Equipment,'Phase 11. UNITED STAT��.S OF A1�fbs"RI(.t1 5. *Ordinance No. 2580-2011 -- Increasing Estimated Revenues and STATE OF ALASKA Appropriations by $41,000 in the General Fund and by $89,965.73 in SS: the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 6. *Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. Denise Reece being r,.-�. ,a., r., 7. *Ordinance No. 2582.2011 -- Amending the Kenai Municipal Code sworn, on oath deposes and says: Chapter 7.05, "Taxation of Real and Personal Property," Adding a i y' New Sub - section 7.05,090, "Personal Property Tax -- Assessments -- '1'hat I am and was at all times here Watercraft,' and .Amending Sub - section 7.05.010, 'Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft in this affidavit mentions, Supervisor of with an Overall Length of Less than Twenty (20) Feet. 8. *Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Le gals of the Peninsula Clarion, a news- Appropriations by $600 in the General Fund for a Donation Provided ` to the City for the Purchase of Disc Golf Equipment. paper of general circulation and published - 9 ActionlApproval -- Utility Easement to Homer Electric Association, inc. for a strip of land ten (10) feet in width for the purpose of installing at Kenai, Alaska, that the and maintaining underground electrical lines situated within A PORTION OF THE NW' SECTION 33, Township 6 North, Range 11 Council Agenda West, Seward Meridian, Alaska EXCLUDING BARON PARK SUBDIVISION FIRE ADDITION (KN 97 -51); all within Kenai Recording District, the City of Kenai and Kenai Peninsula Borough. .0.: Action /Approval -- Utility Easement to Alaska Communications a printed copy of which is hereto annexed was Systems, Inc. for a 10 foot wide ACS easement for a strip of land sixty (10) feet in width for the purpose of installing an underground copper published in said paper one each and and fiber optic cables situated within T 6N R 11W SEC 32 SEWARD MERIDIAN KN ALL OF SEC 32 EXCLUDING SUBS & LEASED every day for one successive and AREAS & KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN REPLAT. KPB Parcel ID: 04318044 Kenai Recording District, where it consecutive day in the issues on the adjoins an existing 10' Public Utility Easement on that lot. 1. Action /Approval -- Utility Easement to Alaska Communications Systems, Inc. for a 10 foot wide ACS easement for a strip of land. sixty (10) feet in width for the purpose of installing an underground copper and fiber optic cables, situated within T 6N R 11W SEC 33 SEWARD MERIDIAN KN W1/2 LYING NORTH OF KENAI SPUR HWY EXCLUDING BARON PARK SUBS NO 7 & NO 12. KPB Parcel ID: 04501029 Kenai Recording District. 2. ActionlApproval -- Authorizing the City of Kenai to proceed with investment grade audit and energy performance contract with the Building Technologies Division of Siemens Industry, Inc. for the implementation of a performance contracting program to improve the 201 1 system infrastructure and the operational efficiencies of City facilities. 3. ActionlApproval -- Second Amendment to Rental Agreement between City Cif Kenai and Homer Electric Association, Inc. for office space in the Alaska Fire Training Center at 450 Marathon. Road, extending the term of the Rental Agreement until September 1, 2012. 14. Action /Approval - 2011 Election Board. 15. Action /Approval — Pipeline Easement to Buccaneer Alaska 26- Au, -12 Operations, LLC, to Construct and Operate a Pipeline for the b Transmission of Oil and /or Gas and /or Associated Substances Within Section 5, T5N, R11W, Sections 32 and 33, T6N, R11W, SewardMeridian. EXECUTIVE SESSION -- discussing pending litigation of which immediate knowledge would have an adverse effect upon the finances of the City and to give direction to the City Attorney regarding the handling of a specific legal matter -- City of Kenai v. Gus Rhodes and Janice Rhodes. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at httn: / /www.ci.kenai.ak.us. Corene Hall, Deputy City Clerk D856/211 PO i#96546 following dates: September 5, 2011 X SUBSCRIBED AND SWORN to me before this loth {(({day of September NOTARY PUBLIC State of Alaska. My Commission expires favor for the